[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2764 Enrolled Bill (ENR)]

        H.R.2764

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven


                                 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 purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 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
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. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

SEC. 4. EXPLANATORY STATEMENT.

    The explanatory statement regarding the consolidated appropriations 
amendment of the House of Representatives to the amendment of the 
Senate to H.R. 2764, printed in the House section of the Congressional 
Record on or about December 17, 2007 by the Chairman of the Committee 
on Appropriations of the House, shall have the same effect with respect 
to the allocation of funds and implementation of divisions A through K 
of this Act as if it were a joint explanatory statement of a committee 
of conference.

SEC. 5. EMERGENCY DESIGNATIONS.

    Any designation in any division of this Act referring to this 
section is a designation of an amount as an emergency requirement and 
necessary to meet emergency needs pursuant to subsections (a) and (b) 
of section 204 of S. Con. Res. 21 (110th Congress), the concurrent 
resolution on the budget for fiscal year 2008.

SEC. 6. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2008.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $5,097,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary.

                          Executive Operations


                      office of the chief economist

    For necessary expenses of the Office of the Chief Economist, 
including economic analysis, risk assessment, cost-benefit analysis, 
energy and new uses, and the functions of the World Agricultural 
Outlook Board, as authorized by the Agricultural Marketing Act of 1946 
(7 U.S.C. 1622g), $10,487,000.


                        National Appeals Division

    For necessary expenses of the National Appeals Division, 
$14,466,000.


                  Office of Budget and Program Analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $8,270,000.


                         Homeland Security Staff

    For necessary expenses of the Homeland Security Staff, $931,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $16,361,000.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $5,850,000: Provided, That no funds made available by this 
appropriation may be obligated for FAIR Act or Circular A-76 activities 
until the Secretary has submitted to the Committees on Appropriations 
of both Houses of Congress and the Committee on Oversight and 
Government Reform of the House of Representatives a report on the 
Department's contracting out policies, including agency budgets for 
contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $854,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $20,496,000.

          Office of the Assistant Secretary for Administration

    For necessary expenses of the Office of the Assistant Secretary for 
Administration, $673,000.

        Agriculture Buildings and Facilities and Rental Payments


                      (including transfers of funds)

    For payment of space rental and related costs pursuant to Public 
Law 92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and 
other actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and 
for related costs, $196,252,000, to remain available until expended, of 
which $156,590,000 shall be available for payments to the General 
Services Administration for rent and the Department of Homeland 
Security for building security: Provided, That amounts which are made 
available for space rental and related costs for the Department of 
Agriculture in this Act may be transferred between such appropriations 
to cover the costs of additional, new, or replacement space 15 days 
after notice thereof is transmitted to the Appropriations Committees of 
both Houses of Congress.

                     Hazardous Materials Management


                      (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation 
and Recovery Act (42 U.S.C. 6901 et seq.), $4,886,000, to remain 
available until expended: Provided, That appropriations and funds 
available herein to the Department for Hazardous Materials Management 
may be transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.

                      Departmental Administration


                      (including transfers of funds)

    For Departmental Administration, $23,144,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not 
otherwise provided for and necessary for the practical and efficient 
work of the Department: Provided, That this appropriation shall be 
reimbursed from applicable appropriations in this Act for travel 
expenses incident to the holding of hearings as required by 5 U.S.C. 
551-558.

     Office of the Assistant Secretary for Congressional Relations


                      (including transfers of funds)

    For necessary expenses of the Office of the Assistant Secretary for 
Congressional Relations to carry out the programs funded by this Act, 
including programs involving intergovernmental affairs and liaison 
within the executive branch, $3,795,000: Provided, That these funds may 
be transferred to agencies of the Department of Agriculture funded by 
this Act to maintain personnel at the agency level: Provided further, 
That no funds made available by this appropriation may be obligated 
after 30 days from the date of enactment of this Act, unless the 
Secretary has notified the Committees on Appropriations of both Houses 
of Congress on the allocation of these funds by USDA agency: Provided 
further, That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses of the Office of Communications to carry out 
services relating to the coordination of programs involving public 
affairs, for the dissemination of agricultural information, and the 
coordination of information, work, and programs authorized by Congress 
in the Department, $9,338,000.

                    Office of 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, That appropriations hereunder 
shall be available for the operation and maintenance of aircraft and 
the purchase of not to exceed one for replacement only: Provided 
further, That appropriations hereunder shall be available pursuant to 7 
U.S.C. 2250 for the construction, alteration, and repair of buildings 
and improvements, but unless otherwise provided, the cost of 
constructing any one building shall not exceed $375,000, except for 
headhouses or greenhouses which shall each be limited to $1,200,000, 
and except for 10 buildings to be constructed or improved at a cost not 
to exceed $750,000 each, and the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building or $375,000, whichever is greater: 
Provided further, That the limitations on alterations contained in this 
Act shall not apply to modernization or replacement of existing 
facilities at Beltsville, Maryland: Provided further, That 
appropriations hereunder shall be available for granting easements at 
the Beltsville Agricultural Research Center: Provided further, That the 
foregoing limitations shall not apply to replacement of buildings 
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): 
Provided further, That funds may be received from any State, other 
political subdivision, organization, or individual for the purpose of 
establishing or operating any research facility or research project of 
the Agricultural Research Service, as authorized by law: Provided 
further, That hereafter none of the funds appropriated under this 
heading shall be available to carry out research related to the 
production, processing, or marketing of tobacco or tobacco products.


                         Buildings and Facilities

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $47,082,000, 
to remain available until expended.

      Cooperative State Research, Education, and Extension Service


                    research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$672,997,000, as follows: to carry out the provisions of the Hatch Act 
of 1887 (7 U.S.C. 361a-i), $197,192,000; for grants for cooperative 
forestry research (16 U.S.C. 582a through a-7), $24,966,000; for 
payments to eligible institutions (7 U.S.C. 3222), $41,340,000, 
provided that each institution receives no less than $1,000,000; for 
special grants for agricultural research (7 U.S.C. 450i(c)), 
$92,422,000, of which $2,095,000 shall be for grants pursuant to 7 
U.S.C. 3155; for competitive grants for agricultural research on 
improved pest control (7 U.S.C. 450i(c)), $15,421,000; for competitive 
research grants (7 U.S.C. 450i(b)), $192,229,000; for the support of 
animal health and disease programs (7 U.S.C. 3195), $5,006,000; for 
supplemental and alternative crops and products (7 U.S.C. 3319d), 
$825,000; for grants for research pursuant to the Critical Agricultural 
Materials Act (7 U.S.C. 178 et seq.), $1,091,000, to remain available 
until expended; for the 1994 research grants program for 1994 
institutions pursuant to section 536 of Public Law 103-382 (7 U.S.C. 
301 note), $1,544,000, to remain available until expended; for 
rangeland research grants (7 U.S.C. 3333), $990,000; for higher 
education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,701,000, 
to remain available until expended (7 U.S.C. 2209b); for a program 
pursuant to section 1415A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), $875,000, 
to remain available until expended; for higher education challenge 
grants (7 U.S.C. 3152(b)(1)), $5,423,000; for a higher education 
multicultural scholars program (7 U.S.C. 3152(b)(5)), $988,000, to 
remain available until expended (7 U.S.C. 2209b); for an education 
grants program for Hispanic-serving Institutions (7 U.S.C. 3241), 
$6,089,000; for competitive grants for the purpose of carrying out all 
provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) to 
individual eligible institutions or consortia of eligible institutions 
in Alaska and in Hawaii, with funds awarded equally to each of the 
States of Alaska and Hawaii, $3,218,000; for a secondary agriculture 
education program and 2-year post-secondary education (7 U.S.C. 
3152(j)), $990,000; for aquaculture grants (7 U.S.C. 3322), $3,956,000; 
for sustainable agriculture research and education (7 U.S.C. 5811), 
$14,500,000; for a program of capacity building grants (7 U.S.C. 
3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C. 
3221 and 3222, $13,688,000, to remain available until expended (7 
U.S.C. 2209b); for payments to the 1994 Institutions pursuant to 
section 534(a)(1) of Public Law 103-382, $3,342,000; for resident 
instruction grants for insular areas under section 1491 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3363), $750,000; and for necessary expenses of Research and 
Education Activities, $42,451,000, of which $2,723,000 for the 
Research, Education, and Economics Information System and $2,151,000 
for the Electronic Grants Information System, are to remain available 
until expended: Provided, That hereafter none of the funds appropriated 
under this heading shall be available to carry out research related to 
the production, processing, or marketing of tobacco or tobacco 
products: Provided further, That hereafter this paragraph shall not 
apply to research on the medical, biotechnological, food, and 
industrial uses of tobacco.


               Native American Institutions Endowment Fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain 
available until expended.


                           extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, Northern Marianas, and American 
Samoa, $456,460,000, as follows: payments for cooperative extension 
work under the Smith-Lever Act, to be distributed under sections 3(b) 
and 3(c) of said Act, and under section 208(c) of Public Law 93-471, 
for retirement and employees' compensation costs for extension agents, 
$276,596,000; payments for extension work at the 1994 Institutions 
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments 
for the nutrition and family education program for low-income areas 
under section 3(d) of the Act, $66,019,000; payments for the pest 
management program under section 3(d) of the Act, $9,860,000; payments 
for the farm safety program under section 3(d) of the Act, $4,759,000; 
payments for New Technologies for Ag Extension under section 3(d) of 
the Act, $1,485,000; payments to upgrade research, extension, and 
teaching facilities at institutions eligible to receive funds under 7 
U.S.C. 3221 and 3222, $17,389,000, to remain available until expended; 
payments for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $8,024,000; for youth farm safety education and 
certification extension grants, to be awarded competitively under 
section 3(d) of the Act, $467,000; payments for carrying out the 
provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 
1671 et seq.), $4,036,000; payments for the federally-recognized Tribes 
Extension Program under section 3(d) of the Smith-Lever Act, 
$3,000,000; payments for sustainable agriculture programs under section 
3(d) of the Act, $4,600,000; payments for rural health and safety 
education as authorized by section 502(i) of Public Law 92-419 (7 
U.S.C. 2662(i)), $1,750,000; payments for cooperative extension work by 
eligible institutions (7 U.S.C. 3221), $36,103,000, provided that each 
institution receives no less than $1,000,000; for grants to youth 
organizations pursuant to section 7630 of title 7, United States Code, 
$1,750,000; and for necessary expenses of Extension Activities, 
$17,301,000.


                          integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $56,244,000, as 
follows: for competitive grants programs authorized under section 406 
of the Agricultural Research, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7626), $42,286,000, including $12,738,000 for the water 
quality program, $14,699,000 for the food safety program, $4,125,000 
for the regional pest management centers program, $4,419,000 for the 
Food Quality Protection Act risk mitigation program for major food crop 
systems, $1,375,000 for the crops affected by Food Quality Protection 
Act implementation, $3,075,000 for the methyl bromide transition 
program, and $1,855,000 for the organic transition program; for a 
competitive international science and education grants program 
authorized under section 1459A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 
available until expended, $2,000,000; for grants programs authorized 
under section 2(c)(1)(B) of Public Law 89-106, as amended, $737,000, to 
remain available until September 30, 2009, for the critical issues 
program; $1,321,000 for the regional rural development centers program; 
and $9,900,000 for the Food and Agriculture Defense Initiative 
authorized under section 1484 of the National Agricultural Research, 
Extension, and Teaching Act of 1977, to remain available until 
September 30, 2009.


               Outreach for Socially Disadvantaged Farmers

    For grants and contracts pursuant to section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 
$6,440,000, to remain available until expended.

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs to administer programs under the laws 
enacted by the Congress for the Animal and Plant Health Inspection 
Service; the Agricultural Marketing Service; and the Grain Inspection, 
Packers and Stockyards Administration; $721,000.

               Animal and Plant Health Inspection Service


                          salaries and expenses

                      (including transfers of funds)

    For expenses, not otherwise provided for, necessary to prevent, 
control, and eradicate pests and plant and animal diseases; to carry 
out inspection, quarantine, and regulatory activities; and to protect 
the environment, as authorized by law, including up to $30,000 for 
representation allowances and for expenses pursuant to the Foreign 
Service Act of 1980 (22 U.S.C. 4085), $873,754,000, of which $1,000,000 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds to 
the extent necessary to meet emergency conditions; of which $37,269,000 
shall be used for the cotton pests program for cost share purposes or 
for debt retirement for active eradication zones; of which $9,750,000 
shall be available for a National Animal Identification program; of 
which $51,725,000 shall be used to conduct a surveillance and 
preparedness program for highly pathogenic avian influenza: Provided, 
That no funds shall be used to formulate or administer a brucellosis 
eradication program for the current fiscal year that does not require 
minimum matching by the States of at least 40 percent: Provided 
further, That this appropriation shall be available for the operation 
and maintenance of aircraft and the purchase of not to exceed four, of 
which two shall be for replacement only: Provided further, That, in 
addition, in emergencies which threaten any segment of the agricultural 
production industry of this country, the Secretary may transfer from 
other appropriations or funds available to the agencies or corporations 
of the Department such sums as may be deemed necessary, to be available 
only in such emergencies for the arrest and eradication of contagious 
or infectious disease or pests of animals, poultry, or plants, and for 
expenses in accordance with sections 10411 and 10417 of the Animal 
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any 
unexpended balances of funds transferred for such emergency purposes in 
the preceding fiscal year shall be merged with such transferred 
amounts: Provided further, That appropriations hereunder shall be 
available pursuant to law (7 U.S.C. 2250) for the repair and alteration 
of leased buildings and improvements, but unless otherwise provided the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.
    In fiscal year 2008, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic 
and international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, 
or services provided to the entity by the agency, and such fees shall 
be credited to this account, to remain available until expended, 
without further appropriation, for providing such assistance, goods, or 
services.

                     Agricultural Marketing Service


                            marketing services

    For necessary expenses to carry out services related to consumer 
protection, agricultural marketing and distribution, transportation, 
and regulatory programs, as authorized by law, and for administration 
and coordination of payments to States, $76,862,000, including funds 
for the wholesale market development program for the design and 
development of wholesale and farmer market facilities for the major 
metropolitan areas of the country: Provided, That this appropriation 
shall be available pursuant to law (7 U.S.C. 2250) for the alteration 
and repair of buildings and improvements, but the cost of altering any 
one building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building.
    Fees may be collected for the cost of standardization activities, 
as established by regulation pursuant to law (31 U.S.C. 9701).


                  limitation on administrative expenses

    Not to exceed $61,233,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.


     funds for strengthening markets, income, and supply (section 32)

                      (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, including not 
less than $10,000,000 for replacement of a system to support commodity 
purchases, except for: (1) transfers to the Department of Commerce as 
authorized by the Fish and Wildlife Act of August 8, 1956; (2) 
transfers otherwise provided in this Act; and (3) not more than 
$16,798,000 for formulation and administration of marketing agreements 
and orders pursuant to the Agricultural Marketing Agreement Act of 1937 
and the Agricultural Act of 1961.


                    Payments to States and Possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$11,709,000, of which not less than $1,875,000 shall be used to make a 
grant under this heading: Provided, That of the amount provided under 
this heading, $8,500,000, to remain available until expended, is for 
specialty crop block grants authorized under section 101 of the 
Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7 
U.S.C. 1621 note), of which not to exceed 5 percent may be available 
for administrative expenses.

        Grain Inspection, Packers and Stockyards Administration


                          salaries and expenses

    For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, for the administration of the Packers and 
Stockyards Act, for certifying procedures used to protect purchasers of 
farm products, and the standardization activities related to grain 
under the Agricultural Marketing Act of 1946, $38,785,000: Provided, 
That this appropriation shall be available pursuant to law (7 U.S.C. 
2250) for the alteration and repair of buildings and improvements, but 
the cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.


         Limitation on Inspection and Weighing Services Expenses

    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, That if grain export activities require additional 
supervision and oversight, or other uncontrollable factors occur, this 
limitation may be exceeded by up to 10 percent with notification to the 
Committees on Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for 
Food Safety to administer the laws enacted by the Congress for the Food 
Safety and Inspection Service, $600,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $930,120,000, of which no 
less than $829,807,000 shall be available for Federal food safety 
inspection; and in addition, $1,000,000 may be credited to this account 
from fees collected for the cost of laboratory accreditation as 
authorized by section 1327 of the Food, Agriculture, Conservation and 
Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 83 full 
time equivalent positions above the fiscal year 2002 level shall be 
employed during fiscal year 2008 for purposes dedicated solely to 
inspections and enforcement related to the Humane Methods of Slaughter 
Act: Provided further, That of the amount available under this heading, 
$3,000,000 shall be obligated to maintain the Humane Animal Tracking 
System as part of the Public Health Data Communication Infrastructure 
System: Provided further, That not to exceed $650,000 is for 
construction of a laboratory sample receiving facility: Provided 
further, That this appropriation shall be available pursuant to law (7 
U.S.C. 2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement 
value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

    For necessary expenses of the Office of the Under Secretary for 
Farm and Foreign Agricultural Services to administer the laws enacted 
by Congress for the Farm Service Agency, the Foreign Agricultural 
Service, the Risk Management Agency, and the Commodity Credit 
Corporation, $632,000.

                          Farm Service Agency


                          salaries and expenses

                      (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$1,134,045,000: Provided, That the Secretary is authorized to use the 
services, facilities, and authorities (but not the funds) of the 
Commodity Credit Corporation to make program payments for all programs 
administered by the Agency: Provided further, That other funds made 
available to the Agency for authorized activities may be advanced to 
and merged with this account: Provided further, That none of the funds 
made available by this Act may be used to pay the salary or expenses of 
any officer or employee of the Department of Agriculture to close or 
relocate any county or field office of the Farm Service Agency (other 
than a county or field office that had zero employees as of February 7, 
2007), or to develop, submit, consider, or approve any plan for any 
such closure or relocation before enactment of an omnibus authorization 
law to provide for the continuation of agricultural programs for fiscal 
years after 2007.


                          State Mediation Grants

    For grants pursuant to section 502(b) of the Agricultural Credit 
Act of 1987, as amended (7 U.S.C. 5101-5106), $4,400,000.


                Grassroots Source Water Protection Program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $3,713,000, to remain available until 
expended.


                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, $100,000, to remain available until expended: 
Provided, That such program is carried out by the Secretary in the same 
manner as the dairy indemnity program described in the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).


            Agricultural Credit Insurance Fund Program Account

                      (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available 
from funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,471,257,000, of which $1,247,400,000 shall be for 
unsubsidized guaranteed loans and $223,857,000 shall be for direct 
loans; operating loans, $1,875,686,000, of which $1,024,650,000 shall 
be for unsubsidized guaranteed loans, $271,886,000 shall be for 
subsidized guaranteed loans and $579,150,000 shall be for direct loans; 
Indian tribe land acquisition loans, $3,960,000; and for boll weevil 
eradication program loans, $100,000,000: Provided, That the Secretary 
shall deem the pink bollworm to be a boll weevil for the purpose of 
boll weevil eradication program loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $14,952,000, of which 
$4,990,000 shall be for unsubsidized guaranteed loans, and $9,962,000 
shall be for direct loans; operating loans, $134,561,000, of which 
$24,797,000 shall be for unsubsidized guaranteed loans, $36,270,000 
shall be for subsidized guaranteed loans, and $73,494,000 shall be for 
direct loans; and Indian tribe land acquisition loans, $125,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $311,229,000, of which 
$303,309,000 shall be transferred to and merged with the appropriation 
for ``Farm Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: Provided, 
That the Committees on Appropriations of both Houses of Congress are 
notified at least 15 days in advance of any transfer.

                         Risk Management Agency

    For administrative and operating expenses, as authorized by section 
226A of the Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6933), $76,658,000: Provided, That not more than $11,166,000 of 
the funds made available under section 522(e) of the Federal Crop 
Insurance Act (7 U.S.C. 1522(e)) may be used for program compliance and 
integrity purposes, including the data mining project, and for the 
Common Information Management System: Provided further, That not to 
exceed $1,000 shall be available for official reception and 
representation expenses, as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, 
and to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                   Commodity Credit Corporation Fund


                  reimbursement for net realized losses

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.


                        hazardous waste management

                         (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment to administer the laws enacted by the 
Congress for the Forest Service and the Natural Resources Conservation 
Service, $742,000.

                 Natural Resources Conservation Service


                         Conservation Operations

    For necessary expenses for carrying out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$840,326,000, to remain available until September 30, 2009: Provided, 
That appropriations hereunder shall be available pursuant to 7 U.S.C. 
2250 for construction and improvement of buildings and public 
improvements at plant materials centers, except that the cost of 
alterations and improvements to other buildings and other public 
improvements shall not exceed $250,000: Provided further, That when 
buildings or other structures are erected on non-Federal land, that the 
right to use such land is obtained as provided in 7 U.S.C. 2250a: 
Provided further, That this appropriation shall be available for 
technical assistance and related expenses to carry out programs 
authorized by section 202(c) of title II of the Colorado River Basin 
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, 
That qualified local engineers may be temporarily employed at per diem 
rates to perform the technical planning work of the Service.


                watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing 
works and changes in use of land, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), 
and in accordance with the provisions of laws relating to the 
activities of the Department, $30,000,000, to remain available until 
expended: Provided, That not to exceed $15,500,000 of this 
appropriation shall be available for technical assistance.


                     Watershed Rehabilitation Program

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$20,000,000, to remain available until expended.


                  resource conservation and development

    For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant 
to the provisions of sections 31 and 32 of the Bankhead-Jones Farm 
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 
1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture 
and Food Act of 1981 (16 U.S.C. 3451-3461), $51,088,000, to remain 
available until expended: Provided, That not to exceed $3,073,000 shall 
be available for national headquarters activities.


                     Healthy Forests Reserve Program

    For necessary expenses to carry out the Healthy Forests Reserve 
Program authorized under title V of Public Law 108-148 (16 U.S.C. 6571-
6578), $2,000,000, to remain available until expended.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under the laws 
enacted by the Congress for the Rural Housing Service, the Rural 
Business-Cooperative Service, and the Rural Utilities Service, 
$632,000.

                Rural Development Salaries and Expenses


                      (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$169,998,000: Provided, That notwithstanding any other provision of 
law, funds appropriated under this section may be used for advertising 
and promotional activities that support the Rural Development mission 
area: Provided further, That not more than $10,000 may be expended to 
provide modest nonmonetary awards to non-USDA employees: Provided 
further, That any balances available from prior years for the Rural 
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred 
to and merged with this appropriation.

                         Rural Housing Service


               Rural Housing Insurance Fund Program Account

                      (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $5,349,391,000 for loans to section 502 borrowers, of which 
$1,129,391,000 shall be for direct loans, and of which $4,220,000,000 
shall be for unsubsidized guaranteed loans; $34,652,000 for section 504 
housing repair loans; $70,000,000 for section 515 rental housing; 
$130,000,000 for section 538 guaranteed multi-family housing loans; 
$5,045,000 for section 524 site loans; $11,485,000 for credit sales of 
acquired property, of which up to $1,485,000 may be for multi-family 
credit sales; and $5,000,000 for section 523 self-help housing land 
development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $156,224,000, of which 
$105,824,000 shall be for direct loans, and of which $50,400,000, to 
remain available until expended, shall be for unsubsidized guaranteed 
loans; section 504 housing repair loans, $9,796,000; repair, 
rehabilitation, and new construction of section 515 rental housing, 
$29,827,000; section 538 multi-family housing guaranteed loans, 
$12,220,000; credit sales of acquired property, $552,000; and section 
523 self-help housing and development loans, $142,000: Provided, That 
of the total amount appropriated in this paragraph, $2,500,000 shall be 
available through June 30, 2008, for authorized empowerment zones and 
enterprise communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones: Provided further, 
That any funds under this paragraph initially allocated by the 
Secretary for housing projects in the State of Alaska that are not 
obligated by September 30, 2008, shall be carried over until September 
30, 2009, and made available for such housing projects only in the 
State of Alaska: Provided further, That any unobligated balances for a 
demonstration program for the preservation and revitalization of the 
section 515 multi-family rental housing properties as authorized by 
Public Law 109-97 shall be transferred to and merged with the ``Rural 
Housing Service, Multi-family Housing Revitalization Program Account''.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $452,927,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.


                        Rental Assistance Program

    For rental assistance agreements entered into or renewed pursuant 
to the authority under section 521(a)(2) or agreements entered into in 
lieu of debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Housing Act of 1949, 
$482,090,000, to remain available through September 30, 2009; and, in 
addition, such sums as may be necessary, as authorized by section 
521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 
to carry out the rental assistance program under section 521(a)(2) of 
the Act: Provided, That of this amount, up to $6,000,000 shall be 
available for debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Act, and not to exceed 
$50,000 per project for advances to nonprofit organizations or public 
agencies to cover direct costs (other than purchase price) incurred in 
purchasing projects pursuant to section 502(c)(5)(C) of the Act: 
Provided further, That agreements entered into or renewed during the 
current fiscal year shall be funded for a one-year period: Provided 
further, That any unexpended balances remaining at the end of such one-
year agreements may be transferred and used for the purposes of any 
debt reduction; maintenance, repair, or rehabilitation of any existing 
projects; preservation; and rental assistance activities authorized 
under title V of the Act: Provided further, That rental assistance 
provided under agreements entered into prior to fiscal year 2008 for a 
farm labor multi-family housing project financed under section 514 or 
516 of the Act may not be recaptured for use in another project until 
such assistance has remained unused for a period of 12 consecutive 
months, if such project has a waiting list of tenants seeking such 
assistance or the project has rental assistance eligible tenants who 
are not receiving such assistance: Provided further, That such 
recaptured rental assistance shall, to the extent practicable, be 
applied to another farm labor multi-family housing project financed 
under section 514 or 516 of the Act.


           Multi-family Housing Revitalization Program Account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, for the cost to conduct a housing demonstration program 
to provide revolving loans for the preservation of low-income multi-
family housing projects, and for additional costs to conduct a 
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph, 
$28,000,000, to remain available until expended: Provided, That of the 
funds made available under this heading, $5,000,000 shall be available 
for rural housing vouchers to any low-income household (including those 
not receiving rental assistance) residing in a property financed with a 
section 515 loan which has been prepaid after September 30, 2005: 
Provided further, That the amount of such voucher shall be the 
difference between comparable market rent for the section 515 unit and 
the tenant paid rent for such unit: Provided further, That funds made 
available for such vouchers shall be subject to the availability of 
annual appropriations: Provided further, That the Secretary shall, to 
the maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development (including the ability to pay administrative costs 
related to delivery of the voucher funds): Provided further, That if 
the Secretary determines that the amount made available for vouchers in 
this or any other Act is not needed for vouchers, the Secretary may use 
such funds for the demonstration programs for the preservation and 
revitalization of multi-family rental housing properties described in 
this paragraph: Provided further, That of the funds made available 
under this heading, $3,000,000 shall be available for the cost of loans 
to private non-profit organizations, or such non-profit organizations' 
affiliate loan funds and State and local housing finance agencies, to 
carry out a housing demonstration program to provide revolving loans 
for the preservation of low-income multi-family housing projects: 
Provided further, That loans under such demonstration program shall 
have an interest rate of not more than 1 percent direct loan to the 
recipient: Provided further, That the Secretary may defer the interest 
and principal payment to the Rural Housing Service for up to 3 years 
and the term of such loans shall not exceed 30 years: Provided further, 
That of the funds made available under this heading, $20,000,000 shall 
be available for a demonstration program for the preservation and 
revitalization of the section 514, 515, and 516 multi-family rental 
housing properties to restructure existing USDA multi-family housing 
loans, as the Secretary deems appropriate, expressly for the purposes 
of ensuring the project has sufficient resources to preserve the 
project for the purpose of providing safe and affordable housing for 
low-income residents and farm laborers including reducing or 
eliminating interest; deferring loan payments, subordinating, reducing 
or reamortizing loan debt; and other financial assistance including 
advances and incentives required by the Secretary: Provided further, 
That if the Secretary determines that additional funds for vouchers 
described in this paragraph are needed, funds for the preservation and 
revitalization demonstration program may be used for such vouchers: 
Provided further, That if Congress enacts legislation to permanently 
authorize a section 515 multi-family rental housing loan restructuring 
program similar to the demonstration program described herein, the 
Secretary may use funds made available for the demonstration program 
under this heading to carry out such legislation with the prior 
approval of the Committees on Appropriations of both Houses of 
Congress.


                   Mutual and Self-Help Housing Grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $39,000,000, to remain available 
until expended: Provided, That of the total amount appropriated, 
$1,000,000 shall be available through June 30, 2008, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones.


                     rural housing assistance grants

                      (including transfer of funds)

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$39,000,000, to remain available until expended: Provided, That of the 
total amount appropriated, $1,200,000 shall be available through June 
30, 2008, for authorized empowerment zones and enterprise communities 
and communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones: Provided further, That any balances to 
carry out a housing demonstration program to provide revolving loans 
for the preservation of low-income multi-family housing projects as 
authorized in Public Law 108-447 and Public Law 109-97 shall be 
transferred to and merged with the ``Rural Housing Service, Multi-
family Housing Revitalization Program Account''.


                        Farm Labor Program Account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $22,000,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.


                RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

                      (INCLUDING TRANSFERS OF FUNDS)

    For the cost of direct loans, loan guarantees, and grants for rural 
community facilities programs as authorized by section 306 and 
described in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act, $68,952,000, to remain available until expended: 
Provided, That $6,300,000 of the amount appropriated under this heading 
shall be available for a Rural Community Development Initiative: 
Provided further, That such funds shall be used solely to develop the 
capacity and ability of private, nonprofit community-based housing and 
community development organizations, low-income rural communities, and 
Federally Recognized Native American Tribes to undertake projects to 
improve housing, community facilities, community and economic 
development projects in rural areas: Provided further, That such funds 
shall be made available to qualified private, nonprofit and public 
intermediary organizations proposing to carry out a program of 
financial and technical assistance: Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That $14,000,000 of the 
amount appropriated under this heading shall be to provide grants for 
facilities in rural communities with extreme unemployment and severe 
economic depression (Public Law 106-387), with up to 5 percent for 
administration and capacity building in the State rural development 
offices: Provided further, That $4,000,000 of the amount appropriated 
under this heading shall be available for community facilities grants 
to tribal colleges, as authorized by section 306(a)(19) of such Act: 
Provided further, That not to exceed $1,000,000 of the amount 
appropriated under this heading shall be available through June 30, 
2008, for authorized empowerment zones and enterprise communities and 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural community programs 
described in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act: Provided further, That section 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to the 
funds made available under this heading: Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account for programs authorized by section 306 and described in 
section 381E(d)(1) of such Act be transferred and merged with this 
account and any other prior balances from the Rural Development, Rural 
Community Advancement Program account that the Secretary determines is 
appropriate to transfer.

                  Rural Business--Cooperative Service


                      RURAL BUSINESS PROGRAM ACCOUNT

                      (INCLUDING TRANSFERS OF FUNDS)

    For the cost of direct loans, loan guarantees, and grants, for the 
rural business development programs authorized by sections 306 and 310B 
and described in section 310B(f) and 381E(d)(3) of the Consolidated 
Farm and Rural Development Act, $87,700,000, to remain available until 
expended: Provided, That of the amount appropriated under this heading, 
not to exceed $500,000 shall be made available for a grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development and 
$3,000,000 shall be for grants to the Delta Regional Authority (7 
U.S.C. 1921 et seq.) for any Rural Community Advancement Program 
purpose as described in section 381E(d) of the Consolidated Farm and 
Rural Development Act, of which not more than 5 percent may be used for 
administrative expenses: Provided further, That $4,000,000 of the 
amount appropriated under this heading shall be for business grants to 
benefit Federally Recognized Native American Tribes, including $250,000 
for a grant to a qualified national organization to provide technical 
assistance for rural transportation in order to promote economic 
development: Provided further, That not to exceed $8,300,000 of the 
amount appropriated under this heading shall be available through June 
30, 2008, for authorized empowerment zones and enterprise communities 
and communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural business and cooperative 
development programs described in section 381E(d)(3) of the 
Consolidated Farm and Rural Development Act: Provided further, That 
section 381E-H and 381N of the Consolidated Farm and Rural Development 
Act are not applicable to funds made available under this heading: 
Provided further, That any prior balances in the Rural Development, 
Rural Community Advancement Program account for programs authorized by 
sections 306 and 310B and described in section 310B(f) and 381E(d)(3) 
of such Act be transferred and merged with this account and any other 
prior balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.


               rural development loan fund program account

                      (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,772,000.
    For the cost of direct loans, $14,485,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be available through June 30, 2008, for Federally Recognized 
Native American Tribes and of which $3,449,000 shall be available 
through June 30, 2008, for Mississippi Delta Region counties (as 
determined in accordance with Public Law 100-460): Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That of the total amount appropriated, $880,000 shall be 
available through June 30, 2008, for the cost of direct loans for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,774,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.


             Rural Economic Development Loans Program Account

                     (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$33,077,000.
    Of the funds derived from interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $34,000,000 shall not be obligated and $34,000,000 are 
rescinded.


                   rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $28,023,000, of which $495,000 shall be for a cooperative 
research agreement with a qualified academic institution to conduct 
research on the national economic impact of all types of cooperatives; 
and of which $2,600,000 shall be for cooperative agreements for the 
appropriate technology transfer for rural areas program: Provided, That 
not to exceed $1,473,000 shall be for cooperatives or associations of 
cooperatives whose primary focus is to provide assistance to small, 
minority producers and whose governing board and/or membership is 
comprised of at least 75 percent minority; and of which $19,000,000, to 
remain available until expended, shall be for value-added agricultural 
product market development grants, as authorized by section 6401 of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).


        Rural Empowerment Zones and Enterprise Communities Grants

    For grants in connection with empowerment zones and enterprise 
communities, $8,187,000, to remain available until expended, for 
designated rural empowerment zones and rural enterprise communities, as 
authorized by the Taxpayer Relief Act of 1997 and the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277): Provided, That the funds provided under this 
paragraph shall be made available to empowerment zones and enterprise 
communities in a manner and with the same priorities such funds were 
made available during the 2007 fiscal year.


                         Renewable Energy Program

    For the cost of a program of direct loans, loan guarantees, and 
grants, under the same terms and conditions as authorized by section 
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8106), $36,000,000: Provided, That the cost of direct loans and loan 
guarantees, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974.

                        Rural Utilities Service


              RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

                      (INCLUDING TRANSFERS OF FUNDS)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, and 310B and 
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $562,565,000, to remain 
available until expended, of which not to exceed $500,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $1,000,000 shall 
be available for the rural utilities program described in section 306E 
of such Act: Provided, That $65,000,000 of the amount appropriated 
under this heading shall be for water and waste disposal systems grants 
authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural 
Development Act and Native Americans authorized by 306C(a)(1): Provided 
further, That the Secretary shall allocate the funds described in the 
previous proviso in a manner consistent with the historical allocation 
for such populations under these authorities: Provided further, That 
not to exceed $18,500,000 of the amount appropriated under this heading 
shall be for technical assistance grants for rural water and waste 
systems pursuant to section 306(a)(14) of such Act, unless the 
Secretary makes a determination of extreme need, of which $5,600,000 
shall be made available for a grant to a qualified non-profit multi-
state regional technical assistance organization, with experience in 
working with small communities on water and waste water problems, the 
principal purpose of such grant shall be to assist rural communities 
with populations of 3,300 or less, in improving the planning, 
financing, development, operation, and management of water and waste 
water systems, and of which not less than $800,000 shall be for a 
qualified national Native American organization to provide technical 
assistance for rural water systems for tribal communities: Provided 
further, That not to exceed $13,750,000 of the amount appropriated 
under this heading shall be for contracting with qualified national 
organizations for a circuit rider program to provide technical 
assistance for rural water systems: Provided further, That not to 
exceed $12,700,000 of the amount appropriated under this heading shall 
be available through June 30, 2008, for authorized empowerment zones 
and enterprise communities and communities designated by the Secretary 
of Agriculture as Rural Economic Area Partnership Zones for the rural 
utilities programs described in section 381E(d)(2) of such Act: 
Provided further, That $20,000,000 of the amount appropriated under 
this heading shall be transferred to, and merged with, the Rural 
Utilities Service, High Energy Cost Grants Account to provide grants 
authorized under section 19 of the Rural Electrification Act of 1936 (7 
U.S.C. 918a): Provided further, That any prior year balances for high 
cost energy grants authorized by section 19 of the Rural 
Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to 
and merged with the Rural Utilities Service, High Energy Costs Grants 
Account: Provided further, That section 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to the 
funds made available under this heading: Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account programs authorized by sections 306, 306A, 306C, 306D, 
and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of 
such Act be transferred and merged with this account and any other 
prior balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.


    Rural Electrification and Telecommunications Loans Program Account

                      (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized 
by section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) 
shall be made as follows: 5 percent rural electrification loans, 
$100,000,000; loans made pursuant to section 306 of that Act, rural 
electric, $6,500,000,000; guaranteed underwriting loans pursuant to 
section 313A, $500,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$250,000,000; and for loans made pursuant to section 306 of that Act, 
rural telecommunications loans, $295,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by sections 305 and 306 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of 
rural electric loans, $120,000, and the cost of telecommunications 
loans, $3,620,000: Provided, That notwithstanding section 305(d)(2) of 
the Rural Electrification Act of 1936, borrower interest rates may 
exceed 7 percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $38,623,000 which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.


          Distance Learning, Telemedicine, and Broadband Program

    For the principal amount of broadband telecommunication loans, 
$300,000,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $35,000,000, to remain 
available until expended: Provided, That $5,000,000 shall be made 
available to convert analog to digital operation those noncommercial 
educational television broadcast stations that serve rural areas and 
are qualified for Community Service Grants by the Corporation for 
Public Broadcasting under section 396(k) of the Communications Act of 
1934, including associated translators and repeaters, regardless of the 
location of their main transmitter, studio-to-transmitter links, and 
equipment to allow local control over digital content and programming 
through the use of high-definition broadcast, multi-casting and 
datacasting technologies.
    For the cost of broadband loans, as authorized by 7 U.S.C. 901 et 
seq., $6,450,000, to remain available until expended: Provided, That 
the cost of direct loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974.
    In addition, $13,500,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition and Consumer Services to administer the laws enacted by 
the Congress for the Food and Nutrition Service, $597,000.

                       Food and Nutrition Service


                         Child Nutrition Programs

                      (including transfers of funds)

    For necessary expenses to carry out the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 
17 and 21; $13,901,513,000, to remain available through September 30, 
2009, of which $7,647,965,000 is hereby appropriated and $6,253,548,000 
shall be derived by transfer from funds available under section 32 of 
the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That up to 
$5,505,000 shall be available for independent verification of school 
food service claims.


     Special Supplemental Nutrition Program for Women, Infants, and 
                             Children (WIC)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $6,020,000,000, to remain available 
through September 30, 2009, of which such sums as are necessary to 
restore the contingency reserve to $150,000,000 shall be placed in 
reserve, to remain available until expended, to be allocated as the 
Secretary deems necessary, notwithstanding section 17(i) of such Act, 
to support participation should cost or participation exceed budget 
estimates: Provided, That of the total amount available, the Secretary 
shall obligate not less than $15,000,000 for a breastfeeding support 
initiative in addition to the activities specified in section 
17(h)(3)(A): Provided further, That only the provisions of section 
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in 
2008; including $14,000,000 for the purposes specified in section 
17(h)(10)(B)(i) and $30,000,000 for the purposes specified in section 
17(h)(10)(B)(ii): Provided further, That funds made available for the 
purposes specified in section 17(h)(10)(B)(ii) shall only be made 
available upon determination by the Secretary that funds are available 
to meet caseload requirements without the use of the contingency 
reserve funds after the date of enactment of this Act: Provided 
further, That none of the funds in this Act shall be available to pay 
administrative expenses of WIC clinics except those that have an 
announced policy of prohibiting smoking within the space used to carry 
out the program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant formula 
except in accordance with the cost containment and competitive bidding 
requirements specified in section 17 of such Act: Provided further, 
That none of the funds provided shall be available for activities that 
are not fully reimbursed by other Federal Government departments or 
agencies unless authorized by section 17 of such Act: Provided further, 
That of the amount provided under this paragraph, $400,000,000 is 
designated as described in section 5 (in the matter preceding division 
A of this consolidated Act).


                            food stamp program

    For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011 et seq.), $39,782,723,000, of which $3,000,000,000 to remain 
available through September 30, 2009, shall be placed in reserve for 
use only in such amounts and at such times as may become necessary to 
carry out program operations: Provided, That funds provided herein 
shall be expended in accordance with section 16 of the Food Stamp Act: 
Provided further, That this appropriation shall be subject to any work 
registration or workfare requirements as may be required by law: 
Provided further, That funds made available for Employment and Training 
under this heading shall remain available until expended, as authorized 
by section 16(h)(1) of the Food Stamp Act: Provided further, That 
notwithstanding section 5(d) of the Food Stamp Act of 1977, any 
additional payment received under chapter 5 of title 37, United States 
Code, by a member of the United States Armed Forces deployed to a 
designated combat zone shall be excluded from household income for the 
duration of the member's deployment if the additional pay is the result 
of deployment to or while serving in a combat zone, and it was not 
received immediately prior to serving in the combat zone: Provided 
further, That funds made available under this heading may be used to 
enter into contracts and employ staff to conduct studies, evaluations, 
or to conduct activities related to food stamp program integrity 
provided that such activities are authorized by the Food Stamp Act.


                       commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of 
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c 
note); the Emergency Food Assistance Act of 1983; special assistance 
for the nuclear affected islands, as authorized by section 103(f)(2) of 
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by 
section 17(m) of the Child Nutrition Act of 1966, $211,770,000, to 
remain available through September 30, 2009: Provided, That none of 
these funds shall be available to reimburse the Commodity Credit 
Corporation for commodities donated to the program: Provided further, 
That notwithstanding any other provision of law, effective with funds 
made available in fiscal year 2008 to support the Seniors Farmers' 
Market Nutrition Program (SFMNP), such funds shall remain available 
through September 30, 2009: Provided further, That no funds available 
for SFMNP shall be used to pay State or local sales taxes on food 
purchased with SFMNP coupons or checks: Provided further, That the 
value of assistance provided by the SFMNP shall not be considered 
income or resources for any purposes under any Federal, State or local 
laws related to taxation, welfare and public assistance programs: 
Provided further, That of the funds made available under section 27(a) 
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary 
may use up to $10,000,000 for costs associated with the distribution of 
commodities.


                    Nutrition Programs Administration

    For necessary administrative expenses of the Food and Nutrition 
Service, $142,727,000, of which $2,475,000 is for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships, through 
the Congressional Hunger Center.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                          Salaries and Expenses

                      (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 (7 
U.S.C. 1761-1768), market development activities abroad, and for 
enabling the Secretary to coordinate and integrate activities of the 
Department in connection with foreign agricultural work, including not 
to exceed $158,000 for representation allowances and for expenses 
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 
1766), $159,470,000: Provided, That the Service may utilize advances of 
funds, or reimburse this appropriation for expenditures made on behalf 
of Federal agencies, public and private organizations and institutions 
under agreements executed pursuant to the agricultural food production 
assistance programs (7 U.S.C. 1737) and the foreign assistance programs 
of the United States Agency for International Development: Provided 
further, That funds made available for the cost of agreements under 
title I of the Agricultural Trade Development and Assistance Act of 
1954 and for title I ocean freight differential may be used 
interchangeably between the two accounts with prior notice to the 
Committees on Appropriations of both Houses of Congress.


   Public Law 480 Title I Direct Credit and Food for Progress Program 
                                Account

                      (including transfers of funds)

    For administrative expenses to carry out the credit program of 
title I, Public Law 83-480 and the Food for Progress Act of 1985, 
$2,680,000, to be transferred to and merged with the appropriation for 
``Farm Service Agency, Salaries and Expenses''.


                      Public Law 480 Title II Grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance Act of 
1954, for commodities supplied in connection with dispositions abroad 
under title II of said Act, $1,219,400,000, to remain available until 
expended.


        commodity credit corporation export loans program account

                      (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, 
$5,328,000; to cover common overhead expenses as permitted by section 
11 of the Commodity Credit Corporation Charter Act and in conformity 
with the Federal Credit Reform Act of 1990, of which $4,985,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $343,000 
may be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.


   McGovern-Dole International Food for Education and Child Nutrition 
                             Program Grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That 
the Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
section, subject to reimbursement from amounts provided herein.

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                          Salaries and Expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate, not to exceed $25,000; and notwithstanding section 521 of 
Public Law 107-188; $2,247,961,000: Provided, That of the amount 
provided under this heading, $459,412,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h shall be 
credited to this account and remain available until expended, and shall 
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) 
assessed for fiscal year 2009 but collected in fiscal year 2008; 
$48,431,000 shall be derived from medical device user fees authorized 
by 21 U.S.C. 379j, and shall be credited to this account and remain 
available until expended; and $13,696,000 shall be derived from animal 
drug user fees authorized by 21 U.S.C. 379j, and shall be credited to 
this account and remain available until expended: Provided further, 
That fees derived from prescription drug, medical device, and animal 
drug assessments received during fiscal year 2008, including any such 
fees assessed prior to the current fiscal year but credited during the 
current year, shall be subject to the fiscal year 2008 limitation: 
Provided further, That none of these funds shall be used to develop, 
establish, or operate any program of user fees authorized by 31 U.S.C. 
9701: Provided further, That of the total amount appropriated: (1) 
$513,461,000 shall be for the Center for Food Safety and Applied 
Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $682,759,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs, of which no less than $41,900,000 shall be available for the 
Office of Generic Drugs; (3) $236,985,000 shall be for the Center for 
Biologics Evaluation and Research and for related field activities in 
the Office of Regulatory Affairs; (4) $109,244,000 shall be for the 
Center for Veterinary Medicine and for related field activities in the 
Office of Regulatory Affairs; (5) $267,284,000 shall be for the Center 
for Devices and Radiological Health and for related field activities in 
the Office of Regulatory Affairs; (6) $44,316,000 shall be for the 
National Center for Toxicological Research; (7) not to exceed 
$99,922,000 shall be for Rent and Related activities, of which 
$38,808,000 is for White Oak Consolidation, other than the amounts paid 
to the General Services Administration for rent; (8) not to exceed 
$160,094,000 shall be for payments to the General Services 
Administration for rent; and (9) $133,896,000 shall be for other 
activities, including the Office of the Commissioner; the Office of 
Scientific and Medical Programs; the Office of Policy, Planning and 
Preparedness; the Office of International and Special Programs; the 
Office of Operations; and central services for these offices: Provided 
further, That of the amounts made available under this heading, 
$28,000,000 for the Center for Food Safety and Applied Nutrition and 
related field activities in the Office of Regulatory Affairs shall be 
available from July 1, 2008, to September 30, 2009, for implementation 
of a comprehensive food safety performance plan: Provided further, That 
none of the funds made available under this heading shall be used to 
transfer funds under section 770(n) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds may be 
transferred from one specified activity to another with the prior 
approval of the Committees on Appropriations of both Houses of 
Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b may 
be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until 
expended.


                         Buildings and Facilities

    For plans, construction, repair, improvement, extension, 
alteration, and purchase of fixed equipment or facilities of or used by 
the Food and Drug Administration, where not otherwise provided, 
$2,450,000, to remain available until expended.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $112,050,000, 
including not to exceed $3,000 for official reception and 
representation expenses.

                       Farm Credit Administration


                  limitation on administrative expenses

    Not to exceed $46,000,000 (from assessments collected from farm 
credit institutions and from the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                               TITLE VII

                           GENERAL PROVISIONS


              (including rescissions and transfers of funds)

    Sec. 701. Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically provided 
for, of not to exceed 182 passenger motor vehicles, of which 142 shall 
be for replacement only, and for the hire of such vehicles.
    Sec. 702. New obligational authority provided for the following 
appropriation items in this Act shall remain available until expended: 
Animal and Plant Health Inspection Service, the contingency fund to 
meet emergency conditions, information technology infrastructure, fruit 
fly program, emerging plant pests, cotton pests program, avian 
influenza programs, grasshopper program, up to $9,750,000 in animal 
health monitoring and surveillance for the animal identification 
system, up to $1,500,000 in the scrapie program for indemnities, up to 
$3,000,000 in the emergency management systems program for the vaccine 
bank, up to $1,000,000 for wildlife services methods development, up to 
$1,000,000 of the wildlife services operations program for aviation 
safety, and up to 25 percent of the screwworm program; Food Safety and 
Inspection Service, Public Health Data Communication Infrastructure 
System; Cooperative State Research, Education, and Extension Service, 
funds for competitive research grants (7 U.S.C. 450i(b)), funds for the 
Research, Education, and Economics Information System, and funds for 
the Native American Institutions Endowment Fund; Farm Service Agency, 
salaries and expenses funds made available to county committees; 
Foreign Agricultural Service, middle-income country training program, 
and up to $2,000,000 of the Foreign Agricultural Service appropriation 
solely for the purpose of offsetting fluctuations in international 
currency exchange rates, subject to documentation by the Foreign 
Agricultural Service.
    Sec. 703. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant 
and capital equipment necessary for the financial management 
modernization initiative and the delivery of financial, administrative, 
and information technology services of primary benefit to the agencies 
of the Department of Agriculture: Provided, That none of the funds made 
available by this Act or any other Act shall be transferred to the 
Working Capital Fund without the prior approval of the agency 
administrator: Provided further, That none of the funds transferred to 
the Working Capital Fund pursuant to this section shall be available 
for obligation without the prior approval of the Committees on 
Appropriations of both Houses of Congress: Provided further, That none 
of the funds appropriated by this Act or made available to the 
Department's Working Capital Fund shall be available for obligation or 
expenditure to make any changes to the Department's National Finance 
Center without prior approval of the Committees on Appropriations of 
both Houses of Congress as required by section 713 of this Act.
    Sec. 704. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 705. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is 
to carry out programs of mutual interest between the two parties. This 
does not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 706. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the Cooperative State 
Research, Education, and Extension Service that exceed 20 percent of 
total Federal funds provided under each award: Provided, That 
notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the 
Cooperative State Research, Education, and Extension Service shall be 
available to pay full allowable indirect costs for each grant awarded 
under section 9 of the Small Business Act (15 U.S.C. 638).
    Sec. 707. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current 
fiscal year shall remain available until expended to disburse 
obligations made in the current fiscal year for the following accounts: 
the Rural Development Loan Fund program account, the Rural 
Electrification and Telecommunication Loans program account, and the 
Rural Housing Insurance Fund program account.
    Sec. 708. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task 
forces of the Department of Agriculture, except for panels used to 
comply with negotiated rule makings and panels used to evaluate 
competitively awarded grants.
    Sec. 709. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 710. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 711. None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 712. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of the 
Chief Information Officer without the prior approval of the Committees 
on Appropriations of both Houses of Congress: Provided further, That 
none of the funds available to the Department of Agriculture for 
information technology shall be obligated for projects over $25,000 
prior to receipt of written approval by the Chief Information Officer.
    Sec. 713. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which--
        (1) creates new programs;
        (2) eliminates a program, project, or activity;
        (3) increases funds or personnel by any means for any project 
    or activity for which funds have been denied or restricted;
        (4) relocates an office or employees;
        (5) reorganizes offices, programs, or activities; or
        (6) contracts out or privatizes any functions or activities 
    presently performed by Federal employees; unless the Committees on 
    Appropriations of both Houses of Congress are notified 15 days in 
    advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, which-ever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify the Committees on Appropriations of both Houses of 
Congress before implementing a program or activity not carried out 
during the previous fiscal year unless the program or activity is 
funded by this Act or specifically funded by any other Act.
    Sec. 714. None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2009 appropriations Act.
    Sec. 715. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance--
        (1) from funds available for the Watershed and Flood Prevention 
    Operations program for the Pocasset River Floodplain Management 
    Project in the State of Rhode Island;
        (2) through the Watershed and Flood Prevention Operations 
    program to carry out the East Locust Creek Watershed Plan Revision 
    in Missouri, including up to 100 percent of the engineering 
    assistance and 75 percent cost share for construction cost of site 
    RW1;
        (3) through the Watershed Flood Prevention Operations program 
    to carry out the Little Otter Creek Watershed project. The 
    sponsoring local organization may obtain land rights by perpetual 
    easements; and
        (4) through the Watershed and Flood Prevention Operations 
    program to the McDowell Grove Dam Flood Plain/Wetlands Restoration 
    Project in DuPage County, Illinois.
    Sec. 716. None of the funds made available by this or any other Act 
may be used to close or relocate a Rural Development office unless or 
until the Secretary of Agriculture determines the cost effectiveness 
and/or enhancement of program delivery: Provided, That not later than 
60 days before the date of the proposed closure or relocation, the 
Secretary notifies the Committees on Appropriation of the House and 
Senate, and the members of Congress from the State in which the office 
is located of the proposed closure or relocation and provides a report 
that describes the justifications for such closures and relocations.
    Sec. 717. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or 
county limits of St. Louis, Missouri.
    Sec. 718. Notwithstanding any other provision of law, of the funds 
made available in this Act for competitive research grants (7 U.S.C. 
450i(b)), the Secretary may use up to 26 percent of the amount provided 
to carry out a competitive grants program under the same terms and 
conditions as those provided in section 401 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
    Sec. 719. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out an environmental quality 
incentives program authorized by chapter 4 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess 
of $1,000,000,000.
    Sec. 720. None of the funds made available in fiscal year 2008 or 
preceding fiscal years for programs authorized under the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in 
excess of $20,000,000 shall be used to reimburse the Commodity Credit 
Corporation for the release of eligible commodities under section 
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 
1736f-1): Provided, That any such funds made available to reimburse the 
Commodity Credit Corporation shall only be used pursuant to section 
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
    Sec. 721. No funds shall be used to pay salaries and expenses of 
the Department of Agriculture to carry out or administer the program 
authorized by section 14(h)(1) of the Watershed Protection and Flood 
Prevention Act (16 U.S.C. 1012(h)(1)).
    Sec. 722. Notwithstanding subsections (c) and (e)(2) of section 
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in 
implementing section 313A of that Act, the Secretary shall, with the 
consent of the lender, structure the schedule for payment of the annual 
fee, not to exceed an average of 30 basis points per year for the term 
of the loan, to ensure that sufficient funds are available to pay the 
subsidy costs for note guarantees under that section.
    Sec. 723. None of the funds made available by this Act may be used 
to issue a final rule in furtherance of, or otherwise implement, the 
proposed rule on cost-sharing for animal and plant health emergency 
programs of the Animal and Plant Health Inspection Service published on 
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
    Sec. 724. There is hereby appropriated $437,000, to remain 
available until expended, for the Denali Commission to address 
deficiencies in solid waste disposal sites which threaten to 
contaminate rural drinking water supplies.
    Sec. 725. Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 in the current fiscal year 
shall remain available until expended to disburse obligations made in 
the current fiscal year. Funds made available under section 524(b) of 
the Federal Crop Insurance Act, 7 U.S.C. 1524(b), in fiscal years 2004, 
2005, 2006, 2007, and 2008 shall remain available until expended to 
disburse obligations made in fiscal years 2004, 2005, 2006, 2007, and 
2008 respectively, and except for fiscal year 2008 funds, are not 
available for new obligations.
    Sec. 726. None of the funds provided in this Act may be used for 
salaries and expenses to draft or implement any regulation or rule 
insofar as it would require recertification of rural status for each 
electric and telecommunications borrower for the Rural Electrification 
and Telecommunication Loans program.
    Sec. 727. Unless otherwise authorized by existing law, none of the 
funds provided in this Act, may be used by an executive branch agency 
to produce any prepackaged news story intended for broadcast or 
distribution in the United States unless the story includes a clear 
notification within the text or audio of the prepackaged news story 
that the prepackaged news story was prepared or funded by that 
executive branch agency.
    Sec. 728. Notwithstanding any other provision of law, any former 
RUS borrower that has repaid or prepaid an insured, direct or 
guaranteed loan under the Rural Electrification Act, or any not-for-
profit utility that is eligible to receive an insured or direct loan 
under such Act, shall be eligible for assistance under Section 
313(b)(2)(B) of such Act in the same manner as a borrower under such 
Act.
    Sec. 729. Notwithstanding any other provision of law, the Secretary 
of Agriculture is authorized to make funding and other assistance 
available through the emergency watershed protection program under 
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to 
repair and prevent damage to non-Federal land in watersheds that have 
been impaired by fires initiated by the Federal Government and shall 
waive cost sharing requirements for the funding and assistance.
    Sec. 730. None of the funds made available in this Act may be used 
to study, complete a study of, or enter into a contract with a private 
party to carry out, without specific authorization in a subsequent Act 
of Congress, a competitive sourcing activity of the Secretary of 
Agriculture, including support personnel of the Department of 
Agriculture, relating to rural development or farm loan programs.
    Sec. 731. Of the amount available for Estimated Future Needs under 
section 32 of the Act of August 24, 1935, $184,000,000 are hereby 
rescinded: Provided, That in addition, of the unobligated balances 
under section 32 of the Act of August 24, 1935, $500,000,000 are hereby 
rescinded.
    Sec. 732. Of the appropriations available for payments for the 
nutrition and family education program for low-income areas under 
section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)), if the payment 
allocation pursuant to section 1425(c) of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(c)) 
would be less than $100,000 for any institution eligible under section 
3(d)(2) of the Smith-Lever Act, the Secretary shall adjust payment 
allocations under section 1425(c) of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 to ensure that 
each institution receives a payment of not less than $100,000.
    Sec. 733. None of the funds made available in this Act may be used 
to establish or implement a rule allowing poultry products to be 
imported into the United States from the People's Republic of China.
    Sec. 734. There is hereby appropriated $3,750,000, to remain 
available until expended, for a grant to the National Center for 
Natural Products Research for construction or renovation to carry out 
the research objectives of the natural products research grant issued 
by the Food and Drug Administration.
    Sec. 735. There is hereby appropriated $150,000, to remain 
available until expended, for the planning and design of construction 
of an agriculture pest facility in the State of Hawaii.
    Sec. 736. None of the funds made available to the Department of 
Agriculture in this Act may be used to implement the risk-based 
inspection program in the 30 prototype locations announced on February 
22, 2007, by the Under Secretary for Food Safety, or at any other 
locations, until the USDA Office of Inspector General has provided its 
findings to the Food Safety and Inspection Service and the Committees 
on Appropriations of the House of Representatives and the Senate on the 
data used in support of the development and design of the risk-based 
inspection program and FSIS has addressed and resolved issues 
identified by OIG.
    Sec. 737. The Secretary of Agriculture shall continue the Water and 
Waste Systems Direct Loan Program under the authority and conditions 
(including the fees, borrower interest rate, and the President's 
economic assumptions for the 2008 Fiscal Year, as of June 1, 2007) 
provided by the ``Continuing Appropriations Resolution, 2007''.
    Sec. 738. (a) Section 13(b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1761(b)) is amended--
        (1) in paragraph (1)--
            (A) by striking subparagraph (A);
            (B) by redesignating subparagraphs (B) through (D) as 
        subparagraphs (A) through (C), respectively;
            (C) in subparagraph (A) (as redesignated by subparagraph 
        (B)), striking ``(B)'' and all that follows through ``shall not 
        exceed'' and inserting the following:
            ``(A) In general.--Subject to subparagraph (B) and in 
        addition to amounts made available under paragraph (3), 
        payments to service institutions shall be'';
            (D) in subparagraph (B) (as redesignated by subparagraph 
        (B)), by striking ``subparagraph (B)'' and inserting 
        ``subparagraph (A)''; and
            (E) in subparagraph (C) (as redesignated by subparagraph 
        (B)), by striking ``(A), (B), and (C)'' and inserting ``(A) and 
        (B)''; and
        (2) in the second sentence of paragraph (3), by striking ``full 
    amount of State approved'' and all that follows through ``maximum 
    allowable''.
    (b) Conforming Amendment.--Section 18 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1769) is amended--
        (1) by striking subsection (f); and
        (2) by redesignating subsections (g) through (k) as subsections 
    (f) through (j), respectively.
    (c) Effective Date.--The amendments made by this section take 
effect on January 1 of the first full calendar year following the date 
of enactment of this Act.
    Sec. 739. There is hereby appropriated $9,900,000, to remain 
available until September 30, 2009, which, in conjunction with all 
unobligated balances available to the Secretary under section 18(g) of 
the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) 
shall be used to continue the Fresh Fruit and Vegetable Program (42 
U.S.C. 1769(g)) in all currently participating States and expand the 
program to all the contiguous States and, Alaska, Hawaii and the 
District of Columbia not currently served by the authorized program: 
Provided, That of funds available under this section, not to exceed 5 
percent may be available for Federal administrative costs, as 
determined by the Secretary of Agriculture: Provided further, That for 
the purposes of this section, ``currently participating States'' shall 
be defined as those authorized to participate under section 18(g) of 
the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) as 
well as those authorized to participate under section 779 of Public Law 
109-97: Provided further, That implementation of the program in new 
States shall begin with school year 2008/2009.
    Sec. 740. Section 704 of the Department of Agriculture Organic Act 
of 1944 (7 U.S.C. 2258) is amended by striking the first proviso.
    Sec. 741. None of the funds made available in this Act may be used 
to pay the salaries or expenses of personnel to--
        (1) inspect horses under section 3 of the Federal Meat 
    Inspection Act (21 U.S.C. 603);
        (2) inspect horses under section 903 of the Federal Agriculture 
    Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 
    104-127); or
        (3) implement or enforce section 352.19 of title 9, Code of 
    Federal Regulations.
    Sec. 742. There is hereby appropriated $800,000 to the Farm Service 
Agency to carry out a pilot program to demonstrate the use of new 
technologies that increase the rate of growth of re-forested hardwood 
trees on private non-industrial forests lands, enrolling lands on the 
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 
2005.
    Sec. 743. (a) Sections 9001(a) and 9002 of the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 211, 214) are 
amended by striking ``February 28, 2007'' each place it occurs and 
inserting ``December 31, 2007''.
    (b) There is hereby appropriated $20,000,000 for the ``Farm Service 
Agency, Salaries and Expenses''.
    (c) Each amount provided by this section is designated as described 
in section 5 (in the matter preceding division A of this consolidated 
Act).
    Sec. 744. Section 17(r)(5) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
        (1) by striking ``seven'' and inserting ``eight'';
        (2) by striking ``five'' and inserting ``six''; and
        (3) by inserting ``West Virginia,'' after the first instance of 
    ``States shall be''.
    Sec. 745. Hereafter, notwithstanding any other provision of law, of 
the funds made available for the Commodity Assistance Program under 
division B of Public Law 109-148, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006, all unexpended funds shall be made available to support normal 
program operations of the Commodity Supplemental Food Program under the 
Agriculture and Consumer Protection Act of 1973 and of the Emergency 
Food Assistance Program under the Emergency Food Assistance Act of 
1983: Provided, That any commodities purchased with funds made 
available under Public Law 109-148 and remaining undistributed shall be 
used to support normal program operations under the authorities cited 
in this section.
    Sec. 746. Notwithstanding any other provision of law, and until 
receipt of the decennial Census for the year 2010, the Secretary of 
Agriculture shall consider--
        (1) the City of Alamo, Texas; the City of Mercedes, Texas; the 
    City of Weslaco, Texas; the City of Donna, Texas; the City of La 
    Feria, Texas; and the City of Northampton, Massachusetts, 
    (including individuals and entities with projects within the 
    cities) eligible for loans and grants funded through the Rural 
    Business Program account;
        (2) the City of Bainbridge Island, Washington; the City of 
    Keene, New Hampshire; and the City of Havelock, North Carolina, 
    (including individuals and entities with projects within the 
    cities) eligible for loans and grants funded through the Rural 
    Community Facilities Program account;
        (3) the City of Freeport, Illinois; Kitsap County (except the 
    City of Bremerton), Washington; the City of Atascadero, California; 
    and the City of Paso Robles, California, (including individuals and 
    entities with projects within the cities) eligible for loans and 
    grants funded through the Rural Housing Insurance Fund Program 
    account and the Rural Housing Assistance Grants account;
        (4) the City of Canton, Mississippi, (including individuals and 
    entities with projects within the cities) eligible for loans and 
    grants funded through the Rural Water and Waste Disposal Program 
    account;
        (5) the City of Parsons, Kansas; the Town of Boone, North 
    Carolina; the City of Henderson, North Carolina; and the City of 
    Lenoir, North Carolina, to be rural areas for the purposes of 
    eligibility for loans and grants funded through the Rural Water and 
    Waste Disposal Program account;
        (6) the City of Lansing, Kansas, a rural area for purposes of 
    eligibility for Rural Housing Service programs, and the City of 
    Leavenworth, Kansas, and the City of Lansing, Kansas, as separate 
    geographic entities for purposes of Rural Development grants and 
    loans;
        (7) the City of Binghamton, New York, for the purpose of 
    upgrading a trunk line for waste transport to the Town of Conklin, 
    New York, (including individuals and entities with projects within 
    the cities) eligible for loans and grants funded through the Rural 
    Water and Waste Disposal Program account;
        (8) the County of Lexington, South Carolina, shall be 
    considered to be a rural area for the purposes of financing a 
    farmers' market under the Business and Industry Loan Guarantee 
    Program in a local area that has rural characteristics as 
    determined by the Secretary; and
        (9) the service areas being acquired by Mid-Kansas Electric 
    Cooperative, except for the City of Dodge City, Kansas, shall be 
    considered eligible for financing under the Rural Electrification 
    Act of 1936, as amended.
    Sec. 747. None of the funds made available in this Act may be 
used--
        (1) to terminate any of the 13 field laboratories that are 
    operated by the Food and Drug Administration as of January 1, 2007, 
    or 20 District Offices, or any of the inspection or compliance 
    functions of any of the 20 District Offices, of the Food and Drug 
    Administration functioning as of January 1, 2007; or
        (2) to consolidate any such laboratory with any other 
    laboratory, or any such District Office, or any of the inspection 
    or compliance functions of any District Office, with any other 
    District Office.
    Sec. 748. Hereafter, the Secretary may use funds made available in 
chapter 1 of division B of Public Law 109-148 for direct and guaranteed 
loans under title V of the Housing Act of 1949, to make or guarantee 
loans, as authorized under such Act, to finance housing and repairs to 
housing in rural areas affected by hurricanes that occurred during the 
2005 calendar year.
    Sec. 749. Of the unobligated balances provided pursuant to section 
16(h)(1)(A) of the Food Stamp Act of 1977, $10,500,000 is hereby 
rescinded.
    Sec. 750. Of the unobligated balances available in the Child and 
Adult Care Food Program for the purpose of conducting audits of 
participating institutions as provided for under section 796 of Public 
Law 109-97, $3,500,000 is hereby rescinded.

SEC. 751. EXTENSION OF AGRICULTURAL PROGRAMS.

    (a) Extension.--Except as otherwise provided in this Act and 
notwithstanding any other provision of law, the authorities provided 
under the Farm Security and Rural Investment Act of 2002 (Public Law 
107-171; 7 U.S.C. 7901 et seq.) and each amendment made by that Act 
(and for mandatory programs at such funding levels), as in effect on 
September 30, 2007, shall continue, and the Secretary of Agriculture 
shall carry out the authorities, until March 15, 2008.
    (b) Conservation Programs.--
        (1) Farmland protection program.--Notwithstanding any other 
    provision of law, the Secretary of Agriculture (referred to in this 
    subsection as the ``Secretary'') shall continue the farmland 
    protection program established under subchapter B of chapter 2 of 
    subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 
    3838h et seq.) at a funding level of $97,000,000 per year.
        (2) Ground and surface water conservation.--Notwithstanding any 
    other provision of law, the Secretary shall continue the ground and 
    surface water conservation program established under section 1240I 
    of the Food Security Act of 1985 (16 U.S.C. 3839aa-9) at a funding 
    level of $60,000,000 per year.
        (3) Wildlife habitat incentives program.--Notwithstanding any 
    other provision of law, the Secretary shall continue the wildlife 
    habitat incentive program established under section 1240N of the 
    Food Security Act of 1985 (16 U.S.C. 3839bb-1) at a funding level 
    of $85,000,000 per year.
    (c) Exceptions.--This section does not apply with respect to--
        (1) section 1307(a)(6) of the Farm Security and Rural 
    Investment Act of 2002 (7 U.S.C. 7957(a)(6));
        (2) section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 
    1524(b));
        (3) section 25 of the Food Stamp Act of 1977 (7 U.S.C. 2034);
        (4) title VI of the Rural Electrification Act of 1936 (7 U.S.C. 
    950bb et seq.);
        (5) section 231 of the Agricultural Risk Protection Act of 2000 
    (7 U.S.C. 1621 note; Public Law 106-224);
        (6) section 9002 of the Farm Security and Rural Investment Act 
    of 2002 (7 U.S.C. 8102);
        (7) section 9004 of the Farm Security and Rural Investment Act 
    of 2002 (7 U.S.C. 8104);
        (8) section 9006 of the Farm Security and Rural Investment Act 
    of 2002 (7 U.S.C. 8106); and
        (9) subtitles A through C of title I of the Farm Security and 
    Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.), with respect 
    to the 2008 crops (other than the 2008 crop of a loan commodity 
    described in paragraph (11), (12), or (13) of section 1202(b) of 
    the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
    7932(b))).
    Sec. 752. (a) Except as provided in subsection (c), there is hereby 
rescinded an amount equal to 0.7 percent of the budget authority 
provided for fiscal year 2008 for any discretionary account in division 
A of this Act.
    (b) Any rescission made by subsection (a) shall be applied 
proportionately--
        (1) to each discretionary account and each item of budget 
    authority described in subsection (a); and
        (2) within each such account and item, to each program, 
    project, and activity (with programs, projects, and activities as 
    delineated in the appropriation Act, accompanying reports, or 
    explanatory statement for the relevant fiscal year covering such 
    account or item).
    (c) The rescission in subsection (a) shall not apply to budget 
authority appropriated or otherwise made available by this Act in the 
following amounts in the following activities or accounts:
        (1) $6,020,000,000 provided for the Special Supplemental 
    Nutrition Program for Women, Infants, and Children (WIC) in the 
    Department of Agriculture in division A.
        (2) $930,120,000 provided for the Food Safety and Inspection 
    Service in the Department of Agriculture in division A.
        (3) Any amount designated as described in section 5 (in the 
    matter preceding division A of this consolidated Act).
    (d) Not later than 30 days after the date of enactment of this Act, 
the Director of the Office of Management and Budget shall submit to the 
Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives a report that specifies 
the account and amount of each rescission made pursuant to this 
section.
    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2008''.

     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2008

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 40118; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $45,000 per vehicle; obtaining insurance on official 
motor vehicles; and rental of tie lines, $413,172,000, to remain 
available until September 30, 2009, of which $8,000,000 is to be 
derived from fees to be retained and used by the International Trade 
Administration, notwithstanding 31 U.S.C. 3302: Provided, That 
$40,520,923 shall be for Manufacturing and Services; $41,384,054 shall 
be for Market Access and Compliance; $62,712,833 shall be for the 
Import Administration of which $5,900,000 shall be for the Office of 
China Compliance; $236,945,290 shall be for the United States and 
Foreign Commercial Service; and $25,146,400 shall be for Executive 
Direction and Administration: Provided further, That the provisions of 
the first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities without 
regard to section 5412 of the Omnibus Trade and Competitiveness Act of 
1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational and 
Cultural Exchange Act of 1961 shall include payment for assessments for 
services provided as part of these activities: Provided further, That 
the International Trade Administration shall be exempt from the 
requirements of Circular A-25 (or any successor administrative 
regulation or policy) issued by the Office of Management and Budget: 
Provided further, That negotiations shall be conducted within the World 
Trade Organization to recognize the right of members to distribute 
monies collected from antidumping and countervailing duties: Provided 
further, That negotiations shall be conducted within the World Trade 
Organization consistent with the negotiating objectives contained in 
the Trade Act of 2002, Public Law 107-210.

                    Bureau of Industry and Security

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $72,855,000, to remain available until expended, of 
which $13,627,000 shall be for inspections and other activities related 
to national security: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $249,100,000, to remain available until 
expended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $30,832,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, title II of the Trade Act 
of 1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $28,623,000.

                   Economic and Statistical Analysis


                          salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$81,075,000, to remain available until September 30, 2009.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$202,838,000.


                      periodic censuses and programs

    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $1,027,406,000, to 
remain available until September 30, 2009: Provided, That none of the 
funds provided in this or any other Act for any fiscal year may be used 
for the collection of census data on race identification that does not 
include ``some other race'' as a category.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $17,466,000, 
to remain available until September 30, 2009: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.


     public telecommunications facilities, planning and construction

    For the administration of grants authorized by section 392 of the 
Communications Act of 1934, $18,800,000, to remain available until 
expended as authorized by section 391 of the Act: Provided, That not to 
exceed $2,000,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That, 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

               United States Patent and Trademark Office

                         salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$1,915,500,000, to remain available until expended: Provided, That the 
sum herein appropriated from the general fund shall be reduced as 
offsetting collections assessed and collected pursuant to 15 U.S.C. 
1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2008, so 
as to result in a fiscal year 2008 appropriation from the general fund 
estimated at $0: Provided further, That during fiscal year 2008, should 
the total amount of offsetting fee collections be less than 
$1,915,500,000, this amount shall be reduced accordingly: Provided 
further, That any amount received in excess of $1,915,500,000 in fiscal 
year 2008, in an amount up to $100,000,000, shall remain available 
until expended: Provided further, That not less than 1,020 full-time 
equivalents, 1,082 positions and $214,150,000 shall be for the 
examination of trademark applications; and not less than 8,522 full-
time equivalents, 9,000 positions and $1,701,402,000 shall be for the 
examination and searching of patent applications: Provided further, 
That not less than $16,015,000 shall be for training of personnel: 
Provided further, That $1,000,000 may be transferred to ``Departmental 
Management'', ``Salaries and Expenses'' for activities associated with 
the National Intellectual Property Law Enforcement Coordination 
Council: Provided further, That any deviation from the full-time 
equivalent, position, and funding designations set forth in the 
preceding provisos shall be subject to the procedures set forth in 
section 505 of this Act: Provided further, That from amounts provided 
herein, not to exceed $1,000 shall be made available in fiscal year 
2008 for official reception and representation expenses: Provided 
further, That in fiscal year 2008, from the amounts made available for 
``Salaries and Expenses'' for the United States Patent and Trademark 
Office (PTO), the amounts necessary to pay: (1) the difference between 
the percentage of basic pay contributed by the PTO and employees under 
section 8334(a) of title 5, United States Code, and the normal cost 
percentage (as defined by section 8331(17) of that title) of basic pay, 
of employees subject to subchapter III of chapter 83 of that title; and 
(2) the present value of the otherwise unfunded accruing costs, as 
determined by the Office of Personnel Management, of post-retirement 
life insurance and post-retirement health benefits coverage for all PTO 
employees, shall be transferred to the Civil Service Retirement and 
Disability Fund, the Employees Life Insurance Fund, and the Employees 
Health Benefits Fund, as appropriate, and shall be available for the 
authorized purposes of those accounts: Provided further, That sections 
801, 802, and 803 of division B, Public Law 108-447 shall remain in 
effect during fiscal year 2008: Provided further, That the Director may 
reduce patent filing fees payable in 2008 for documents filed 
electronically consistent with Federal regulation.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $440,517,000, to remain available until expended, of which 
not to exceed $6,580,000 may be transferred to the ``Working Capital 
Fund'': Provided, That not to exceed $5,000 shall be for official 
reception and representation expenses.

                     industrial technology services

    For necessary expenses of the Hollings Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$89,640,000, to remain available until expended.
    In addition, for necessary expenses of the Technology Innovation 
Program of the National Institute of Standards and Technology, 
$65,200,000, to remain available until expended: Provided, That of the 
$70,200,000 provided for in direct obligations under this heading, 
$65,200,000 is appropriated from the general fund and $5,000,000 is 
derived from recoveries of prior year obligations from the Advanced 
Technology Program.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities including agency recreational and 
welfare facilities, not otherwise provided for the National Institute 
of Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$160,490,000, to remain available until expended, of which $30,080,000 
is for a competitive construction grant program for research science 
buildings: Provided, That the Secretary of Commerce shall include in 
the budget justification materials that the Secretary submits to 
Congress in support of the Department of Commerce budget (as submitted 
with the budget of the President under section 1105(a) of title 31, 
United States Code) an estimate for each National Institute of 
Standards and Technology construction project having a total multi-year 
program cost of more than $5,000,000 and simultaneously the budget 
justification materials shall include an estimate of the budgetary 
requirements for each such project for each of the five subsequent 
fiscal years: Provided further, That notwithstanding any other 
provision of law, of the amount made available for construction of 
research facilities, $7,332,000 shall be for the University of 
Mississippi Medical Center Biotechnology Research Park; $7,332,000 
shall be for the Mississippi State University Research, Technology and 
Economic Development Park; $1,598,000 shall be for the University of 
Southern Mississippi Innovation and Commercialization Park 
Infrastructure and Building Construction and Equipage; $5,000,000 shall 
be for the Alabama State University Life Sciences Building; and 
$30,000,000 shall be for laboratory and research space at the 
University of South Alabama Engineering and Science Center.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities


                      (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or 
other payments to nonprofit organizations for the purposes of 
conducting activities pursuant to cooperative agreements; and 
relocation of facilities, $2,856,277,000, to remain available until 
September 30, 2009, except for funds provided for cooperative 
enforcement, which shall remain available until September 30, 2010: 
Provided, That fees and donations received by the National Ocean 
Service for the management of national marine sanctuaries may be 
retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in 
addition, $3,000,000 shall be derived by transfer from the fund 
entitled ``Coastal Zone Management'' and in addition $77,000,000 shall 
be derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided further, That of the $2,941,277,000 provided for in direct 
obligations under this heading $2,856,277,000 is appropriated from the 
general fund, $80,000,000 is provided by transfer, and $5,000,000 is 
derived from recoveries of prior year obligations: Provided further, 
That of the funds provided under this heading, $235,000 is made 
available until expended subject to procedures set forth in section 209 
of Public Law 108-447: Provided further, That the total amount 
available for the National Oceanic and Atmospheric Administration 
corporate services administrative support costs shall not exceed 
$206,484,000: Provided further, That payments of funds made available 
under this heading to the Department of Commerce Working Capital Fund 
including Department of Commerce General Counsel legal services shall 
not exceed $34,164,000: Provided further, That any deviation from the 
amounts designated for specific activities in the report accompanying 
this Act, or any use of deobligated balances of funds provided under 
this heading in previous years, shall be subject to the procedures set 
forth in section 505 of this Act: Provided further, That grants to 
States pursuant to sections 306 and 306A of the Coastal Zone Management 
Act of 1972, as amended, shall not exceed $2,000,000, unless funds 
provided for ``Coastal Zone Management Grants'' exceed funds provided 
in the previous fiscal year: Provided further, That if funds provided 
for ``Coastal Zone Management Grants'' exceed funds provided in the 
previous fiscal year, then no State shall receive more than 5 percent 
or less than 1 percent of the additional funds: Provided further, That 
the Administrator of the National Oceanic and Atmospheric 
Administration may engage in formal and informal education activities, 
including primary and secondary education, related to the agency's 
mission goals: Provided further, That in accordance with section 215 of 
Public Law 107-372 the number of officers in the NOAA Commissioned 
Officer Corps shall increase to 321: Provided further, That of the 
funds provided, $13,395,000 is provided for the alleviation of economic 
impacts associated with Framework 42 on the Massachusetts groundfish 
fishery.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.


                procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $979,207,000, to remain available until 
September 30, 2010, except funds provided for construction of 
facilities which shall remain available until expended: Provided, That 
of the amounts provided for the National Polar-orbiting Operational 
Environmental Satellite System, funds shall only be made available on a 
dollar-for-dollar matching basis with funds provided for the same 
purpose by the Department of Defense: Provided further, That except to 
the extent expressly prohibited by any other law, the Department of 
Defense may delegate procurement functions related to the National 
Polar-orbiting Operational Environmental Satellite System to officials 
of the Department of Commerce pursuant to section 2311 of title 10, 
United States Code: Provided further, That any deviation from the 
amounts designated for specific activities in the report accompanying 
this Act, or any use of deobligated balances of funds provided under 
this heading in previous years, shall be subject to the procedures set 
forth in section 505 of this Act.

                    pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $67,000,000, to remain available until September 
30, 2009.


                       coastal zone management fund

                      (including transfer of funds)

    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 
shall be transferred to the ``Operations, Research, and Facilities'' 
account to offset the costs of implementing such Act.

                   fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2008, obligations of direct loans may not exceed 
$8,000,000 for Individual Fishing Quota loans and not to exceed 
$59,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936: Provided, That none of the funds made available 
under this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United States 
fishery.

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official entertainment, $44,294,000: Provided, That the 
Secretary, within 120 days of enactment of this Act, shall provide a 
report to the Committees on Appropriations that audits and evaluates 
all decision documents and expenditures by the Bureau of the Census as 
they relate to the 2010 Census: Provided further, That of the amounts 
provided to the Secretary within this account, $10,000,000 shall not 
become available for obligation until the Secretary certifies to the 
Committees on Appropriations that the Bureau of the Census has 
followed, and met all best practices, and all Office of Management and 
Budget guidelines related to information technology projects.


                    hchb renovation and modernization

    For expenses necessary for the renovation and modernization of the 
Herbert C. Hoover Building, $3,722,000, to remain available until 
expended.


                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $22,020,000.

               General Provisions--Department of Commerce


                      (including transfer of funds)

    Sec. 101. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 102. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this Act or any other law 
appropriating funds for the Department of Commerce: Provided further, 
That for the National Oceanic and Atmospheric Administration this 
section shall provide for transfers among appropriations made only to 
the National Oceanic and Atmospheric Administration and such 
appropriations may not be transferred and reprogrammed to other 
Department of Commerce bureaus and appropriation accounts.
    Sec. 104. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 105. (a) Section 101(k) of the Emergency Steel Loan Guarantee 
Act of 1999 (15 U.S.C. 1841 note) is amended by striking ``2007'' and 
inserting ``2009''.
    (b) Paragraphs (1) and (2) of section 101(b) of the Emergency Steel 
Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) are each amended by 
striking ``in 1998'' and inserting ``since 1998''.
    (c) Subparagraph (C) of section 101(c)(3) of the Emergency Steel 
Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by striking 
``, in 1998'' and inserting ``in 1998, and thereafter,''.
    (d) The Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 
note) is amended by adding at the end the following:

``SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES.

    ``(a) In addition to funds made available under section 101(j) of 
the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note), 
up to $1,000,000 in funds made available under section 101(f) of such 
Act may be used for salaries and administrative expenses to administer 
the Emergency Steel Loan Guarantee Program.
    ``(b) Funds made available for salaries and administrative expenses 
to administer the Emergency Steel Loan Guarantee Program shall remain 
available until expended.''.
    Sec. 106. Hereafter, notwithstanding any other provision of law, no 
funds appropriated under this Act shall be used to register, issue, 
transfer, or enforce any trademark of the phrase ``Last Best Place''.
    Sec. 107. Section 3315(b) of title 19, United States Code, is 
amended by inserting ``, including food when sequestered,'' following 
``for the establishment and operations of the United States Section and 
for the payment of the United States share of the expenses''.
    Sec. 108. Notwithstanding the requirements of subsection 4703(d), 
the personnel management demonstration project established by the 
Department of Commerce pursuant to 5 U.S.C. 4703 may be expanded to 
involve more than 5,000 individuals, and is extended indefinitely.
    Sec. 109. Section 212(b) of the National Technical Information Act 
of 1988 (15 U.S.C. 3704b) is amended by striking ``Under Secretary of 
Commerce for Technology'' and inserting ``Director of the National 
Institute of Standards and Technology''.
    Sec. 110. The Secretary of Commerce is permitted to prescribe and 
enforce standards or regulations affecting safety and health in the 
context of scientific and occupational diving within the National 
Oceanic and Atmospheric Administration.
    Sec. 111. (a) The Secretary of Commerce is authorized to provide 
compensation to fishery participants who will be displaced by the 2011 
fishery closure resulting from the creation by Presidential 
proclamation of the Papahanaumokuakea Marine National Monument.
    (b) The Secretary shall promulgate regulations for the voluntary 
capacity reduction program that:
        (1) identifies eligible participants as those individuals 
    holding commercial Federal fishing permits for either lobster or 
    bottomfish in the designated waters within the Papahanaumokuakea 
    Marine National Monument;
        (2) provides a mechanism to compensate eligible participants 
    for no more than the economic value of their permits;
        (3) at the option of each eligible permit holder, provides an 
    optional mechanism for additional compensation based on the value 
    of the fishing vessel and gear of such participants who so elect to 
    receive these additional funds, provided that the commercial 
    fishing vessels of such participants will not be used for fishing.
    (c) There is authorized to be appropriated to the National Oceanic 
and Atmospheric Administration's National Marine Fisheries Service, 
$6,697,500 for fiscal year 2008.
    (d) Nothing in this section is intended to enlarge or diminish 
Federal or State title, jurisdiction, or authority with respect to the 
waters of the Northwestern Hawaiian Islands or the tidal or submerged 
lands under any provision of State or Federal law.
    Sec. 112. (a) For purposes of this section--
        (1) the term ``Under Secretary'' means Under Secretary of 
    Commerce for Oceans and Atmosphere;
        (2) the term ``appropriate congressional committees'' means--
            (A) the Committee on Appropriations and the Committee on 
        Commerce, Science, and Transportation of the Senate; and
            (B) the Committee on Appropriations and the Committee on 
        Science and Technology of the House of Representatives;
        (3) the term ``satellite'' means the satellites proposed to be 
    acquired for the National Oceanic and Atmospheric Administration, 
    other than the National Polar-orbiting Operational Environmental 
    Satellite System (NPOESS);
        (4) the term ``development'' means the phase of a program 
    following the formulation phase and beginning with the approval to 
    proceed to implementation, as defined in NOAA Administrative Order 
    216-108, Department of Commerce Administrative Order 208-3, and 
    NASA's Procedural Requirements 7120.5c, dated March 22, 2005;
        (5) the term ``development cost'' means the total of all costs, 
    including construction of facilities and civil servant costs, from 
    the period beginning with the approval to proceed to implementation 
    through the achievement of operational readiness, without regard to 
    funding source or management control, for the life of the program;
        (6) the term ``life-cycle cost'' means the total of the direct, 
    indirect, recurring, and nonrecurring costs, including the 
    construction of facilities and civil servant costs, and other 
    related expenses incurred or estimated to be incurred in the 
    design, development, verification, production, operation, 
    maintenance, support, and retirement of a program over its planned 
    lifespan, without regard to funding source or management control;
        (7) the term ``major program'' means an activity approved to 
    proceed to implementation that has an estimated life-cycle cost of 
    more than $250,000,000;
        (8) the term ``baseline'' means the program as set following 
    contract award and critical design review of the space and ground 
    systems.
    (b)(1) NOAA shall not enter into a contract for development of a 
major program, unless the Under Secretary determines that--
        (A) the technical, cost, and schedule risks of the program are 
    clearly identified and the program has developed a plan to manage 
    those risks;
        (B) the technologies required for the program have been 
    demonstrated in a relevant laboratory or test environment;
        (C) the program complies with all relevant policies, 
    regulations, and directives of NOAA and the Department of Commerce;
        (D) the program has demonstrated a high likelihood of 
    accomplishing its intended goals; and
        (E) the acquisition of satellites for use in the program 
    represents a good value to accomplishing NOAA's mission.
    (2) The Under Secretary shall transmit a report describing the 
basis for the determination required under paragraph (1) to the 
appropriate congressional committees at least 30 days before entering 
into a contract for development under a major program.
    (3) The Under Secretary may not delegate the determination 
requirement under this subsection, except in cases in which the Under 
Secretary has a conflict of interest.
    (c)(1) Annually, at the same time as the President's annual budget 
submission to the Congress, the Under Secretary shall transmit to the 
appropriate congressional committees a report that includes the 
information required by this section for the satellite development 
program for which NOAA proposes to expend funds in the subsequent 
fiscal year. The report under this paragraph shall be known as the 
Major Program Annual Report.
    (2) The first Major Program Annual Report for NOAA's satellite 
development program shall include a Baseline Report that shall, at a 
minimum, include--
        (A) the purposes of the program and key technical 
    characteristics necessary to fulfill those purposes;
        (B) an estimate of the life-cycle cost for the program, with a 
    detailed breakout of the development cost, program reserves, and an 
    estimate of the annual costs until development is completed;
        (C) the schedule for development, including key program 
    milestones;
        (D) the plan for mitigating technical, cost, and schedule risks 
    identified in accordance with subsection (b)(1)(A); and
        (E) the name of the person responsible for making notifications 
    under subsection (d), who shall be an individual whose primary 
    responsibility is overseeing the program.
    (3) For the major program for which a Baseline Report has been 
submitted, subsequent Major Program Annual Reports shall describe any 
changes to the information that had been provided in the Baseline 
Report, and the reasons for those changes.
    (d)(1) The individual identified under subsection (c)(2)(E) shall 
immediately notify the Under Secretary any time that individual has 
reasonable cause to believe that, for the major program for which he or 
she is responsible, the development cost of the program has exceeded 
the estimate provided in the Baseline Report of the program by 20 
percent or more.
    (2) Not later than 30 days after the notification required under 
paragraph (1), the individual identified under subsection (c)(2)(E) 
shall transmit to the Under Secretary a written notification explaining 
the reasons for the change in the cost of the program for which 
notification was provided under paragraph (1).
    (3) Not later than 15 days after the Under Secretary receives a 
written notification under paragraph (2), the Under Secretary shall 
transmit the notification to the appropriate congressional committees.
    (e) Not later than 30 days after receiving a written notification 
under subsection (d)(2), the Under Secretary shall determine whether 
the development cost of the program has exceeded the estimate provided 
in the Baseline Report of the program by 20 percent or more. If the 
determination is affirmative, the Under Secretary shall--
        (1) transmit to the appropriate congressional committees, not 
    later than 15 days after making the determination, a report that 
    includes--
            (A) a description of the increase in cost and a detailed 
        explanation for the increase;
            (B) a description of actions taken or proposed to be taken 
        in response to the cost increase; and
            (C) a description of any impacts the cost increase, or the 
        actions described under subparagraph (B), will have on any 
        other program within NOAA.
        (2) if the Under Secretary intends to continue with the 
    program, promptly initiate an analysis of the program, which shall 
    include, at a minimum--
            (A) the projected cost and schedule for completing the 
        program if current requirements of the program are not 
        modified;
            (B) the projected cost and the schedule for completing the 
        program after instituting the actions described under paragraph 
        (1)(B); and
            (C) a description of, and the projected cost and schedule 
        for, a broad range of alternatives to the program. NOAA shall 
        complete an analysis initiated under paragraph (2) not later 
        than 6 months after the Under Secretary makes a determination 
        under this subsection. The Under Secretary shall transmit the 
        analysis to the appropriate congressional committees not later 
        than 30 days after its completion.
    (f) For the purposes of determining whether cost of the 
Geostationary Operational Environmental Satellite Program exceeds 20 
percent more than the baseline under this section, the estimate of the 
total life-cycle cost for GOES-R shall be the estimate provided with 
the NOAA Fiscal Year 2008 Presidential Budget justification (page 513).
    Sec. 113. (a) The Secretary of Commerce may--
        (1) develop, maintain, and make public a list of vessels and 
    vessel owners engaged in illegal, unreported, or unregulated 
    fishing, including vessels or vessel owners identified by an 
    international fishery management organization, whether or not the 
    United States is a party to the agreement establishing such 
    organization; and
        (2) take appropriate action against listed vessels and vessel 
    owners, including action against fish, fish parts, or fish products 
    from such vessels, in accordance with applicable United States law 
    and consistent with applicable international law, including 
    principles, rights, and obligations established in applicable 
    international fishery management and trade agreements.
    (b) Action taken by the Secretary under subsection (a)(2) that 
include measures to restrict use of or access to ports or port services 
shall apply to all ports of the United States and its territories.
    (c) The Secretary may promulgate regulations to implement this 
section.
    Sec. 114. (a) Of the amounts provided for the ``National Oceanic 
and Atmospheric Administration, Operations, Research and Facilities'', 
$5,856,600 shall be for necessary expenses in support of an agreement 
between the Administrator of the National Oceanic and Atmospheric 
Administration and the National Academy of Sciences under which the 
National Academy of Sciences shall establish the Climate Change Study 
Committee to investigate and study the serious and sweeping issues 
relating to global climate change and make recommendations regarding 
what steps must be taken and what strategies must be adopted in 
response to global climate change, including the science and technology 
challenges thereof.
    (b) The agreement shall provide for: establishment of and 
appointment of members to the Climate Change Study Committee by the 
National Academy of Sciences; organization by the National Academy of 
Sciences of a Summit on Global Climate Change to help define the 
parameters of the study, not to exceed 3 days in length and to be 
attended by preeminent experts on global climate change selected by the 
National Academy of Sciences; and issuance of a report by the Climate 
Change Study Committee not later than 2 years after the date the 
Climate Change Study Committee is first convened, containing its 
findings, conclusions, and recommendations. Of such amount, $856,600 
shall be for the Summit on Global Climate Change and $5,000,000 shall 
be for the other activities of the Climate Change Study Committee.
    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2008''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration


                          salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $97,832,000, of which not to exceed $3,317,000 is for security 
and construction of Department of Justice facilities, to remain 
available until expended: Provided, That the Attorney General is 
authorized to transfer funds appropriated within General Administration 
to any office in this account: Provided further, That no appropriations 
for any office within General Administration shall be increased or 
decreased by more than 5 percent by all such transfers: Provided 
further, That $12,221,000 is for Department Leadership; $7,383,000 is 
for Intergovernmental Relations/External Affairs; $11,402,000 is for 
Executive Support/Professional Responsibility; and $66,826,000 is for 
the Justice Management Division: Provided further, That any change in 
funding greater than 5 percent shall be submitted for approval to the 
House and Senate Committees on Appropriations consistent with the terms 
of section 505 of this Act: Provided further, That this transfer 
authority is in addition to transfers authorized under section 505 of 
this Act.


                  justice information sharing technology

    For necessary expenses for information sharing technology, 
including planning, development, deployment and departmental direction, 
$85,540,000, to remain available until expended, of which not less than 
$19,740,000 is for the unified financial management system.


             tactical law enforcement wireless communications

    For the costs of developing and implementing a nation-wide 
Integrated Wireless Network supporting Federal law enforcement, and for 
the costs of operations and maintenance of existing Land Mobile Radio 
legacy systems, $74,260,000, to remain available until September 30, 
2009: Provided, That the Attorney General shall transfer to this 
account all funds made available to the Department of Justice for the 
purchase of portable and mobile radios: Provided further, That any 
transfer made under the preceding proviso shall be subject to section 
505 of this Act.


                    administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $232,649,000, of 
which $4,000,000 shall be derived by transfer from the Executive Office 
for Immigration Review fees deposited in the ``Immigration Examinations 
Fee'' account: Provided, That $3,760,000 shall be expended on the 
Executive Office for Immigration Review's Legal Orientation Programs.
    For an additional amount for ``Administrative Review and Appeals'', 
$8,000,000 shall be for border security and immigration enforcement 
along the Southwest border: Provided, That the amount provided by this 
paragraph is designated as described in section 5 (in the matter 
preceding division A of this consolidated Act).


                            detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,225,920,000, to remain available until expended: Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and 
Alien Transportation System: Provided further, That not to exceed 
$5,000,000 shall be considered ``funds appropriated for State and local 
law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$70,603,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character: Provided, That within 200 days 
of enactment of this Act, the Inspector General shall conduct an audit 
and issue a report to the Committees on Appropriations of all expenses 
of the legislative and public affairs offices at each location of the 
Justice Department, its bureaus and agencies, including but not limited 
to every field office and headquarters component; the audit shall 
include any and all expenses related to these activities.

                    United States Parole Commission


                          salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $11,462,000.

                            Legal Activities


             salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $735,549,000, of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the total amount appropriated, not to exceed $1,000 
shall be available to the United States National Central Bureau, 
INTERPOL, for official reception and representation expenses: Provided 
further, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for litigation activities of the Civil 
Division, the Attorney General may transfer such amounts to ``Salaries 
and Expenses, General Legal Activities'' from available appropriations 
for the current fiscal year for the Department of Justice, as may be 
necessary to respond to such circumstances: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.
    For an additional amount for ``Legal Activities, General Legal 
Activities'', $10,000,000 shall be for border security and immigration 
enforcement along the Southwest border: Provided, That the amount 
provided by this paragraph is designated as described in section 5 (in 
the matter preceding division A of this consolidated Act).
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $6,833,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.


                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $147,819,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, fees collected for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of 
collection (and estimated to be $139,000,000 in fiscal year 2008), 
shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such offsetting collections are received during fiscal 
year 2008, so as to result in a final fiscal year 2008 appropriation 
from the general fund estimated at $8,819,000.


              salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,747,822,000: Provided, That of the total amount appropriated, not to 
exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$20,000,000 shall remain available until expended: Provided further, 
That of the amount provided under this heading, $5,000,000 shall be 
used for salaries and expenses for hiring assistant U.S. Attorneys to 
carry out section 704 of the Adam Walsh Child Protection and Safety Act 
of 2006 (Public Law 109-248) concerning the prosecution of offenses 
relating to the sexual exploitation of children.
    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $7,000,000 shall be for border security and immigration 
enforcement along the Southwest border: Provided, That the amount 
provided by this paragraph is designated as described in section 5 (in 
the matter preceding division A of this consolidated Act).

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $209,763,000, of which $20,000,000 shall be from prior year 
unobligated balances from funds previously appropriated, to remain 
available until expended and to be derived from the United States 
Trustee System Fund: Provided, That notwithstanding any other provision 
of law, deposits to the Fund shall be available in such amounts as may 
be necessary to pay refunds due depositors: Provided further, That, 
notwithstanding any other provision of law, $184,000,000 of offsetting 
collections pursuant to 28 U.S.C. 589a(b) shall be retained and used 
for necessary expenses in this appropriation and shall remain available 
until expended: Provided further, That the sum herein appropriated from 
the Fund shall be reduced as such offsetting collections are received 
during fiscal year 2008, so as to result in a final fiscal year 2008 
appropriation from the Fund estimated at $763,000.


       salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $1,606,000.


                      united states marshals service

                          salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$849,219,000; of which not to exceed $6,000 shall be available for 
official reception and representation expenses; of which not to exceed 
$4,000,000 shall be for information technology systems and shall remain 
available until expended; and of which not less than $11,653,000 shall 
be available for the costs of courthouse security equipment, including 
furnishings, relocations, and telephone systems and cabling, and shall 
remain available until expended.
    For an additional amount for ``United States Marshals Service, 
Salaries and Expenses'', $15,000,000 shall be for border security and 
immigration enforcement along the Southwest border: Provided, That the 
amount provided by this paragraph is designated as described in section 
5 (in the matter preceding division A of this consolidated Act).


                               construction

    For construction in space controlled, occupied or utilized by the 
United States Marshals Service for prisoner holding and related 
support, $2,304,000, to remain available until expended.

                     fees and expenses of witnesses

    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private 
counsel expenses, including advances, and for expenses of foreign 
counsel, $168,300,000, to remain available until expended: Provided, 
That, not to exceed $10,000,000 may be made available for construction 
of buildings for protected witness safesites: Provided further, That 
not to exceed $3,000,000 may be made available for the purchase and 
maintenance of armored and other vehicles for witness security 
caravans: Provided further, That not to exceed $9,000,000 may be made 
available for the purchase, installation, maintenance, and upgrade of 
secure telecommunications equipment and a secure automated information 
network to store and retrieve the identities and locations of protected 
witnesses.


            salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$9,794,000: Provided, That notwithstanding section 205 of this Act, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict resolution and 
violence prevention activities of the Community Relations Service, the 
Attorney General may transfer such amounts to the Community Relations 
Service, from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.


                          assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 
$20,990,000, to be derived from the Department of Justice Assets 
Forfeiture Fund.

                       National Security Division


                          salaries and expenses

    For expenses necessary to carry out the activities of the National 
Security Division, $73,373,000; of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended: 
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this 
heading from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $497,935,000, of which $50,000,000 shall remain available 
until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation.

                    Federal Bureau of Investigation


                          salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; $6,349,950,000; of which not to exceed $150,000,000 shall 
remain available until expended; and of which $2,308,580,000 shall be 
for counterterrorism investigations, foreign counterintelligence, and 
other activities related to national security: Provided, That not to 
exceed $205,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed $170,000 
shall be available in 2008 for expenses associated with the celebration 
of the 100th anniversary of the Federal Bureau of Investigation.
    For an additional amount for ``Federal Bureau of Investigation, 
Salaries and Expenses'', $143,539,000 to address emerging threats in 
counterterrorism and cyber security: Provided, That the amount provided 
by this paragraph is designated as described in section 5 (in the 
matter preceding division A of this consolidated Act).


                               construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $164,200,000, to 
remain available until expended.

                    Drug Enforcement Administration


                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; and expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs, 
$1,855,569,000; of which not to exceed $75,000,000 shall remain 
available until expended; and of which not to exceed $100,000 shall be 
available for official reception and representation expenses.
    For an additional amount for ``Drug Enforcement Administration, 
Salaries and Expenses'', $2,000,000 for a communications intercept 
initiative in Afghanistan: Provided, That the amount provided by this 
paragraph is designated as described in section 5 (in the matter 
preceding division A of this consolidated Act).

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                          salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, including the purchase of not to exceed 822 vehicles 
for police-type use, of which 650 shall be for replacement only; not to 
exceed $40,000 for official reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement, including training in connection with the training and 
acquisition of canines for explosives and fire accelerants detection; 
and for provision of laboratory assistance to State and local law 
enforcement agencies, with or without reimbursement, $984,097,000, of 
which not to exceed $1,000,000 shall be available for the payment of 
attorneys' fees as provided by section 924(d)(2) of title 18, United 
States Code; and of which $10,000,000 shall remain available until 
expended: Provided, That no funds appropriated herein shall be 
available for salaries or administrative expenses in connection with 
consolidating or centralizing, within the Department of Justice, the 
records, or any portion thereof, of acquisition and disposition of 
firearms maintained by Federal firearms licensees: Provided further, 
That no funds appropriated herein shall be used to pay administrative 
expenses or the compensation of any officer or employee of the United 
States to implement an amendment or amendments to 27 CFR 178.118 or to 
change the definition of ``Curios or relics'' in 27 CFR 178.11 or 
remove any item from ATF Publication 5300.11 as it existed on January 
1, 1994: Provided further, That none of the funds appropriated herein 
shall be available to investigate or act upon applications for relief 
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided 
further, That such funds shall be available to investigate and act upon 
applications filed by corporations for relief from Federal firearms 
disabilities under section 925(c) of title 18, United States Code: 
Provided further, That no funds made available by this or any other Act 
may be used to transfer the functions, missions, or activities of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies 
or Departments in fiscal year 2008: Provided further, That, beginning 
in fiscal year 2008 and thereafter, no funds appropriated under this or 
any other Act may be used to disclose part or all of the contents of 
the Firearms Trace System database maintained by the National Trace 
Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
any information required to be kept by licensees pursuant to section 
923(g) of title 18, United States Code, or required to be reported 
pursuant to paragraphs (3) and (7) of such section 923(g), except to: 
(1) a Federal, State, local, tribal, or foreign law enforcement agency, 
or a Federal, State, or local prosecutor, solely in connection with and 
for use in a criminal investigation or prosecution; or (2) a Federal 
agency for a national security or intelligence purpose; and all such 
data shall be immune from legal process, shall not be subject to 
subpoena or other discovery, shall be inadmissible in evidence, and 
shall not be used, relied on, or disclosed in any manner, nor shall 
testimony or other evidence be permitted based on the data, in a civil 
action in any State (including the District of Columbia) or Federal 
court or in an administrative proceeding other than a proceeding 
commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to 
enforce the provisions of chapter 44 of such title, or a review of such 
an action or proceeding; except that this proviso shall not be 
construed to prevent: (A) the disclosure of statistical information 
concerning total production, importation, and exportation by each 
licensed importer (as defined in section 921(a)(9) of such title) and 
licensed manufacturer (as defined in section 921(1)(10) of such title); 
(B) the sharing or exchange of such information among and between 
Federal, State, local, or foreign law enforcement agencies, Federal, 
State, or local prosecutors, and Federal national security, 
intelligence, or counterterrorism officials; or (C) the publication of 
annual statistical reports on products regulated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives, including total production, 
importation, and exportation by each licensed importer (as so defined) 
and licensed manufacturer (as so defined), or statistical aggregate 
data regarding firearms traffickers and trafficking channels, or 
firearms misuse, felons, and trafficking investigations: Provided 
further, That no funds made available by this or any other Act shall be 
expended to promulgate or implement any rule requiring a physical 
inventory of any business licensed under section 923 of title 18, 
United States Code: Provided further, That no funds under this Act may 
be used to electronically retrieve information gathered pursuant to 18 
U.S.C. 923(g)(4) by name or any personal identification code: Provided 
further, That no funds authorized or made available under this or any 
other Act may be used to deny any application for a license under 
section 923 of title 18, United States Code, or renewal of such a 
license due to a lack of business activity, provided that the applicant 
is otherwise eligible to receive such a license, and is eligible to 
report business income or to claim an income tax deduction for business 
expenses under the Internal Revenue Code of 1986.


                               CONSTRUCTION

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design or projects; $23,500,000, to remain 
available until expended.

                         Federal Prison System


                          salaries and expenses

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 669, of 
which 642 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$5,050,440,000: Provided, That the Attorney General may transfer to the 
Health Resources and Services Administration such amounts as may be 
necessary for direct expenditures by that Administration for medical 
relief for inmates of Federal penal and correctional institutions: 
Provided further, That the Director of the Federal Prison System, where 
necessary, may enter into contracts with a fiscal agent or fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the Federal Prison System, furnish health 
services to individuals committed to the custody of the Federal Prison 
System: Provided further, That not to exceed $6,000 shall be available 
for official reception and representation expenses: Provided further, 
That not to exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2009: Provided further, That, of the 
amounts provided for contract confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980 (8 U.S.C. 1522 note), for the care and security in the United 
States of Cuban and Haitian entrants: Provided further, That the 
Director of the Federal Prison System may accept donated property and 
services relating to the operation of the prison card program from a 
not-for-profit entity which has operated such program in the past 
notwithstanding the fact that such not-for-profit entity furnishes 
services under contracts to the Federal Prison System relating to the 
operation of pre-release services, halfway houses, or other custodial 
facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$372,720,000, to remain available until expended, of which not to 
exceed $14,000,000 shall be available to construct areas for inmate 
work programs: Provided, That labor of United States prisoners may be 
used for work performed under this appropriation.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,328,000 of the funds of the Federal Prison 
Industries, Incorporated shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection 
with acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property belonging 
to the corporation or in which it has an interest.

                    Office on Violence Against Women


        violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) 
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end 
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); $400,000,000, including 
amounts for administrative costs, to remain available until expended: 
Provided, That except as otherwise provided by law, not to exceed 3 
percent of funds made available under this heading may be used for 
expenses related to evaluation, training, and technical assistance: 
Provided further, That of the amount provided--
        (1) $13,160,000 for the court-appointed special advocate 
    program, as authorized by section 217 of the 1990 Act;
        (2) $2,350,000 for child abuse training programs for judicial 
    personnel and practitioners, as authorized by section 222 of the 
    1990 Act;
        (3) $183,800,000 for grants to combat violence against women, 
    as authorized by part T of the 1968 Act, of which--
            (A) $17,390,000 shall be for transitional housing 
        assistance grants for victims of domestic violence, stalking or 
        sexual assault as authorized by section 40299 of the 1994 Act; 
        and
            (B) $1,880,000 shall be for the National Institute of 
        Justice for research and evaluation of violence against women 
        and related issues addressed by grant programs of the Office on 
        Violence Against Women;
        (4) $59,220,000 for grants to encourage arrest policies as 
    authorized by part U of the 1968 Act;
        (5) $9,400,000 for sexual assault victims assistance, as 
    authorized by section 202 of the 2005 Act;
        (6) $40,420,000 for rural domestic violence and child abuse 
    enforcement assistance grants, as authorized by section 40295 of 
    the 1994 Act;
        (7) $3,290,000 for training programs as authorized by section 
    40152 of the 1994 Act, and for related local demonstration 
    projects;
        (8) $2,820,000 for grants to improve the stalking and domestic 
    violence databases, as authorized by section 40602 of the 1994 Act;
        (9) $9,400,000 for grants to reduce violent crimes against 
    women on campus, as authorized by section 304 of the 2005 Act;
        (10) $36,660,000 for legal assistance for victims, as 
    authorized by section 1201 of the 2000 Act;
        (11) $4,230,000 for enhancing protection for older and disabled 
    women from domestic violence and sexual assault, as authorized by 
    section 40802 of the 1994 Act;
        (12) $13,630,000 for the safe havens for children program, as 
    authorized by section 1301 of the 2000 Act;
        (13) $6,580,000 for education and training to end violence 
    against and abuse of women with disabilities, as authorized by 
    section 1402 of the 2000 Act;
        (14) $2,820,000 for an engaging men and youth in prevention 
    program, as authorized by the 2005 Act;
        (15) $940,000 for analysis and research on violence against 
    Indian women, as authorized by section 904 of the 2005 Act;
        (16) $940,000 for tracking of violence against Indian women, as 
    authorized by section 905 of the 2005 Act;
        (17) $2,820,000 for services to advocate and respond to youth, 
    as authorized by section 401 of the 2005 Act;
        (18) $2,820,000 for grants to assist children and youth exposed 
    to violence, as authorized by section 303 of the 2005 Act;
        (19) $2,820,000 for the court training and improvements 
    program, as authorized by section 105 of the 2005 Act;
        (20) $940,000 for grants for televised testimony, as authorized 
    by part N of the 1968 Act; and
        (21) $940,000 for the National Resource Center on Workplace 
    Responses to assist victims of domestic violence, as authorized by 
    section 41501 of the 1994 Act.

                       Office of Justice Programs


                            justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968; the Missing Children's Assistance Act (42 U.S.C. 5771 et 
seq.); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Justice for All Act of 2004 (Public Law 108-405); the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162); the Victims of Crime Act of 1984 (Public Law 98-473); the 
Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248); subtitle D of title II of the Homeland Security Act of 2002 
(Public Law 107-296), which may include research and development; and 
other programs (including Statewide Automated Victims Notification 
Program); including salaries and expenses in connection therewith, 
$196,184,000, to remain available until expended: Provided, That grants 
under subparagraphs (1)(A) and (B) of Public Law 98-473 are issued 
pursuant to rules or guidelines that generally establish a publicly-
announced, competitive process: Provided further, That not to exceed 
$127,915,000 shall be expended in total for Office of Justice Programs 
management and administration.


                state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety 
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 106-386); and other 
programs; $908,136,000 (including amounts for administrative costs, 
which shall be transferred to and merged with the ``Justice 
Assistance'' account), to remain available until expended as follows:
        (1) $170,433,000 for the Edward Byrne Memorial Justice 
    Assistance Grant program as authorized by subpart 1 of part E of 
    title I of the 1968 Act, (except that section 1001(c), and the 
    special rules for Puerto Rico under section 505(g), of the 1968 
    Act, shall not apply for purposes of this Act), of which $2,000,000 
    is for use by the National Institute of Justice in assisting units 
    of local government to identify, select, develop, modernize, and 
    purchase new technologies for use by law enforcement and $2,000,000 
    is for a program to improve State and local law enforcement 
    intelligence capabilities including antiterrorism training and 
    training to ensure that constitutional rights, civil liberties, 
    civil rights, and privacy interests are protected throughout the 
    intelligence process;
        (2) $410,000,000 for the State Criminal Alien Assistance 
    Program, as authorized by section 241(i)(5) of the Immigration and 
    Nationality Act (8 U.S.C. 1231(i)(5));
        (3) $30,080,000 for the Southwest Border Prosecutor Initiative 
    to reimburse State, county, parish, tribal, or municipal 
    governments for costs associated with the prosecution of criminal 
    cases declined by local offices of the United States Attorneys;
        (4) $2,820,000 for the Northern Border Prosecutor Initiative to 
    reimburse State, county, parish, tribal, or municipal governments 
    for costs associated with the prosecution of criminal cases 
    declined by local offices of the United States Attorneys;
        (5) $187,513,000 for discretionary grants to improve the 
    functioning of the criminal justice system and to assist victims of 
    crime (other than compensation);
        (6) $16,000,000 for competitive grants to improve the 
    functioning of the criminal justice system and to assist victims of 
    crime (other than compensation);
        (7) $940,000 for the Missing Alzheimer's Disease Patient Alert 
    Program, as authorized by section 240001(c) of the 1994 Act;
        (8) $9,400,000 for victim services programs for victims of 
    trafficking, as authorized by section 107(b)(2) of Public Law 106-
    386 and for programs authorized under Public Law 109-164;
        (9) $15,200,000 for Drug Courts, as authorized by section 
    1001(25)(A) of title I of the 1968 Act;
        (10) $7,050,000 for a prescription drug monitoring program;
        (11) $17,860,000 for prison rape prevention and prosecution and 
    other programs, as authorized by the Prison Rape Elimination Act of 
    2003 (Public Law 108-79) including statistics, data, and research, 
    of which $1,692,000 shall be transferred to the National Prison 
    Rape Elimination Commission for authorized activities;
        (12) $9,400,000 for grants for Residential Substance Abuse 
    Treatment for State Prisoners, as authorized by part S of the 1968 
    Act;
        (13) $22,440,000 for assistance to Indian tribes, of which--
            (A) $8,630,000 shall be available for grants under section 
        20109 of subtitle A of title II of the 1994 Act;
            (B) $8,630,000 shall be available for the Tribal Courts 
        Initiative; and
            (C) $5,180,000 shall be available for tribal alcohol and 
        substance abuse reduction assistance grants;
        (14) $2,500,000 for the Capital Litigation Improvement Grant 
    Program as authorized by section 426 of Public Law 108-405; and
        (15) $6,500,000 for mental health courts and adult and juvenile 
    collaboration program grants, as authorized by parts V and HH of 
    title I of the 1968 Act:
Provided, That, if a unit of local government uses any of the funds 
made available under this heading to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform 
nonadministrative public safety service.
    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $100,000,000 for security and related costs, including 
overtime, associated with the two principal 2008 Presidential Candidate 
Nominating Conventions, to be divided equally between the conventions: 
Provided, That the amount provided by this paragraph is designated as 
described in section 5 (in the matter preceding division A of this 
consolidated Act).

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Office of Weed and Seed Strategies, to implement ``Weed and Seed'' 
program activities, $32,100,000, to remain available until expended, as 
authorized by section 103 of the Omnibus Crime Control and Safe Streets 
Act of 1968.


                   community oriented policing services

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162); subtitle D of title II of the Homeland Security Act of 2002 
(Public Law 107-296), which may include research and development; and 
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 
109-177) (including administrative costs), $587,233,000, to remain 
available until expended: Provided, That of the funds under this 
heading, not to exceed $2,575,000 shall be available for the Office of 
Justice Programs for reimbursable services associated with programs 
administered by the Community Oriented Policing Services Office: 
Provided further, That any balances made available through prior year 
deobligations shall only be available in accordance with section 505 of 
this Act. Of the amount provided (which shall be by transfer, for 
programs administered by the Office of Justice Programs)--
        (1) $25,850,000 is for the matching grant program for armor 
    vests for law enforcement officers, as authorized by section 2501 
    of the 1968 Act: Provided, That $1,880,000 is transferred directly 
    to the National Institute of Standards and Technology's Office of 
    Law Enforcement Standards from the Community Oriented Policing 
    Services Office for research, testing, and evaluation programs;
        (2) $61,187,000 is for grants to entities described in section 
    1701 of the 1968 Act, to address public safety and methamphetamine 
    manufacturing, sale, and use in hot spots as authorized by section 
    754 of Public Law 109-177 and for other anti-methaphetamine-related 
    activities;
        (3) $205,366,000 is for a law enforcement technologies and 
    interoperable communications program, and related law enforcement 
    and public safety equipment;
        (4) $11,750,000 is for an offender re-entry program;
        (5) $9,400,000 is for grants to upgrade criminal records, as 
    authorized under the Crime Identification Technology Act of 1998 
    (42 U.S.C. 14601);
        (6) $152,272,000 is for DNA related and forensic programs and 
    activities as follows:
            (A) $147,391,000 for a DNA analysis and capacity 
        enhancement program including the purposes of section 2 of the 
        DNA Analysis Backlog Elimination Act of 2000, as amended by the 
        Debbie Smith Act of 2004, and further amended by Public Law 
        109-162;
            (B) $4,881,000 for the purposes described in the Kirk 
        Bloodsworth Post-Conviction DNA Testing Program (Public Law 
        108-405, section 412): Provided, That unobligated funds 
        appropriated in fiscal years 2006 and 2007 for grants as 
        authorized under sections 412 and 413 of the foregoing public 
        law are hereby made available, instead, for the purposes here 
        specified;
        (7) $15,040,000 is for improving tribal law enforcement, 
    including equipment and training;
        (8) $20,000,000 is for programs to reduce gun crime and gang 
    violence;
        (9) $3,760,000 is for training and technical assistance;
        (10) $18,800,000 is for Paul Coverdell Forensic Sciences 
    Improvement Grants under part BB of title I of the 1968 Act;
        (11) not to exceed $28,200,000 is for program management and 
    administration;
        (12) $20,000,000 is for grants under section 1701 of title I of 
    the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of 
    additional career law enforcement officers under part Q of such 
    title notwithstanding subsection (i) of such section; and
        (13) $15,608,000 is for a national grant program the purpose of 
    which is to assist State and local law enforcement 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 
        grants, for programs and activities to enforce State laws 
        prohibiting the sale of alcoholic beverages to minors or the 
        purchase or consumption of alcoholic beverages by minors, for 
        prevention and reduction of consumption of alcoholic beverages 
        by minors, and for technical assistance and training;
        (6) $15,040,000 for expenses authorized by part AA of the 1968 
    Act (Secure Our Schools);
        (7) $16,920,000 for programs authorized by the Victims of Child 
    Abuse Act of 1990; and
        (8) $51,700,000 for the Juvenile Accountability Block Grants 
    program as authorized by part R of the 1968 Act and Guam shall be 
    considered a State:
Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized: Provided further, That not more than 
2 percent of each amount may be used for training and technical 
assistance: Provided further, That the previous two provisos shall not 
apply to grants and projects authorized by sections 261 and 262 of the 
1974 Act.


                     public safety officers benefits

    For payments and expenses authorized by part L of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), 
such sums as are necessary, as authorized by section 6093 of Public Law 
100-690 (102 Stat. 4339-4340) (including amounts for administrative 
costs, which amounts shall be paid to the ``Justice Assistance'' 
account), to remain available until expended; and $4,854,000 for 
payments authorized by section 1201(b) of such Act; and $3,980,000 for 
educational assistance, as authorized by section 1212 of such Act: 
Provided, That, hereafter, funds available to conduct appeals under 
section 1205(c) of the 1968 Act, which includes all claims processing, 
shall be available also for the same under subpart 2 of such part L and 
under any statute authorizing payment of benefits described under 
subpart 1 thereof, and for appeals from final decisions of the Bureau 
(under such part or any such statute) to the Court of Appeals for the 
Federal Circuit, which shall have exclusive jurisdiction thereof 
(including those, and any related matters, pending), and for expenses 
of representation of hearing examiners (who shall be presumed 
irrebuttably to enjoy quasi-judicial immunity in the discharge of their 
duties under such part or any such statute) in connection with 
litigation against them arising from such discharge.

               General Provisions--Department of Justice

    Sec. 201. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $50,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 202. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 203. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 204. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section: Provided further, That none of the funds 
appropriated to ``Buildings and Facilities, Federal Prison System'' in 
this or any other Act may be transferred to ``Salaries and Expenses, 
Federal Prison System'', or any other Department of Justice account, 
unless the President certifies that such a transfer is necessary to the 
national security interests of the United States, and such authority 
shall not be delegated, and shall be subject to section 505 of this 
Act.
    Sec. 206. The Attorney General is authorized to extend through 
September 30, 2009, the Personnel Management Demonstration Project 
transferred to the Attorney General pursuant to section 1115 of the 
Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533) 
without limitation on the number of employees or the positions covered.
    Sec. 207. Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation initiated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives that is necessary for the 
detection and prosecution of crimes against the United States.
    Sec. 208. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 210. None of the funds made available under this title shall 
be obligated or expended for Sentinel, or for any other major new or 
enhanced information technology program having total estimated 
development costs in excess of $100,000,000, unless the Deputy Attorney 
General and the investment review board certify to the Committees on 
Appropriations that the information technology program has appropriate 
program management and contractor oversight mechanisms in place, and 
that the program is compatible with the enterprise architecture of the 
Department of Justice.
    Sec. 211. Any deviation from the amounts designated for specific 
activities in this Act and accompanying report, or any use of 
deobligated balances of funds provided under this title in previous 
years, shall be subject to the procedures set forth in section 505 of 
this Act.
    Sec. 212. (a) Section 589a of title 28, United States Code, is 
amended in subsection (b) by--
        (1) striking ``and'' in paragraph (8);
        (2) striking the period in paragraph (9) and inserting ``; 
    and''; and
        (3) adding the following new paragraph:
        ``(10) fines imposed under section 110(l) of title 11, United 
    States Code.''.
    (b) Section 110(l)(4)(A) of title 11, United States Code, is 
amended to read as follows:
    ``(A) Fines imposed under this subsection in judicial districts 
served by United States trustees shall be paid to the United States 
trustees, who shall deposit an amount equal to such fines in the United 
States Trustee Fund.''.
    Sec. 213. (a) Section 1930(a) of title 28, United States Code, is 
amended in paragraph (6) by striking everything after ``whichever 
occurs first.'' and inserting in lieu thereof: ``The fee shall be $325 
for each quarter in which disbursements total less than $15,000; $650 
for each quarter in which disbursements total $15,000 or more but less 
than $75,000; $975 for each quarter in which disbursements total 
$75,000 or more but less than $150,000; $1,625 for each quarter in 
which disbursements total $150,000 or more but less than $225,000; 
$1,950 for each quarter in which disbursements total $225,000 or more 
but less than $300,000; $4,875 for each quarter in which disbursements 
total $300,000 or more but less than $1,000,000; $6,500 for each 
quarter in which disbursements total $1,000,000 or more but less than 
$2,000,000; $9,750 for each quarter in which disbursements total 
$2,000,000 or more but less than $3,000,000; $10,400 for each quarter 
in which disbursements total $3,000,000 or more but less than 
$5,000,000; $13,000 for each quarter in which disbursements total 
$5,000,000 or more but less than $15,000,000; $20,000 for each quarter 
in which disbursements total $15,000,000 or more but less than 
$30,000,000; $30,000 for each quarter in which disbursements total more 
than $30,000,000. The fee shall be payable on the last day of the 
calendar month following the calendar quarter for which the fee is 
owed.''.
    (b) This section and the amendment made by this section shall take 
effect January 1, 2008, or the date of the enactment of this Act, 
whichever is later.
    Sec. 214. None of the funds appropriated by this Act may be used to 
plan for, begin, continue, finish, process, or approve a public-private 
competition under the Office of Management and Budget Circular A-76 or 
any successor administrative regulation, directive, or policy for work 
performed by employees of the Bureau of Prisons or of Federal Prison 
Industries, Incorporated.
    Sec. 215. Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States 
Attorney from the residency requirements of 28 U.S.C. 545.
    Sec. 216. Of the funds appropriated in this Act for the Federal 
Bureau of Investigation's Sentinel program, $25,000,000 shall not be 
available for obligation until 60 days after the Committees on 
Appropriations receive from the Federal Bureau of Investigation a 
report on the results of a completed integrated baseline review for 
that program: Provided, That the report shall be submitted 
simultaneously to the Government Accountability Office: Provided 
further, That the Government Accountability Office shall review the 
Bureau's performance measurement baseline for the Sentinel program and 
shall submit its findings to the Committees on Appropriations of the 
Senate and House of Representatives within 60 days of its receipt of 
the report.
    Sec. 217. None of the funds appropriated in this or any other Act 
shall be obligated for the initiation of a future phase of the Federal 
Bureau of Investigation's Sentinel program until the Attorney General 
certifies to the Committees on Appropriations that existing phases 
currently under contract for development or fielding have completed a 
majority of the work for that phase under the performance measurement 
baseline validated by the integrated baseline review referred to in 
section 216 of this Act: Provided, That this restriction does not apply 
to planning and design activities for future phases: Provided further, 
That the Bureau will notify the Committees on Appropriations of any 
significant changes to the baseline.
    Sec. 218. (a) The Attorney General shall submit quarterly reports 
to the Inspector General of the Department of Justice regarding the 
costs and contracting procedures relating to each conference held by 
the Department of Justice during fiscal year 2008 for which the cost to 
the Government was more than $20,000.
    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
        (1) a description of the subject of and number of participants 
    attending that conference;
        (2) a detailed statement of the costs to the Government 
    relating to that conference, including--
            (A) the cost of any food or beverages;
            (B) the cost of any audio-visual services; and
            (C) a discussion of the methodology used to determine which 
        costs relate to that conference; and
        (3) a description of the contracting procedures relating to 
    that conference, including--
            (A) whether contracts were awarded on a competitive basis 
        for that conference; and
            (B) a discussion of any cost comparison conducted by the 
        Department of Justice in evaluating potential contractors for 
        that conference.
    Sec. 219. Notwithstanding any other provision of law, a public or 
private institution of higher education may offer or provide an officer 
or employee of any branch of the United States Government or of the 
District of Columbia, who is a current or former student of such 
institution, financial assistance for the purpose of repaying a student 
loan or forbearance of student loan repayment, and an officer or 
employee of any branch of the United States Government or of the 
District of Columbia may seek or receive such assistance or 
forbearance.
    Sec. 220. (a) Section 2996(a) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended--
        (1) in paragraph (1)--
            (A) in the matter preceding subparagraph (A), by inserting 
        ``, territories, and Indian tribes (as defined in section 
        2704)'' after ``to assist States''; and
            (B) in subparagraph (B), by striking ``and local'' and 
        inserting ``, territorial, Tribal, and local'';
        (2) in paragraph (2), by inserting ``, territories, and Indian 
    tribes'' after ``make grants to States''; and
        (3) in paragraph (3)(C), by inserting ``, Tribal,'' after 
    ``support State''.
    (b) Section 755(a) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (42 U.S.C. 3797cc-2(a)) is amended by 
inserting ``, territories, and Indian tribes (as defined in section 
2704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797d))'' after ``make grants to States''.
    (c) Section 756 of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (42 U.S.C. 3797cc-3) is amended--
        (1) in subsection (a)(2), by inserting ``, territorial, or 
    Tribal'' after ``State'';
        (2) in subsection (b)--
            (A) in paragraph (1)--
                (i) by inserting ``, territorial, or Tribal'' after 
            ``State''; and
                (ii) by striking ``and/or'' and inserting ``or'';
            (B) in paragraph (2)--
                (i) by inserting ``, territory, Indian tribe,'' after 
            ``agency of the State''; and
                (ii) by inserting ``, territory, Indian tribe,'' after 
            ``criminal laws of that State''; and
            (C) by adding at the end the following:
            ``(C) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 2704 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3797d).''; and
        (3) in subsection (c)--
            (A) in paragraph (3), by striking ``Indian Tribes'' and 
        inserting ``Indian tribes''; and
            (B) in paragraph (4)--
                (i) in the matter preceding subparagraph (A)--

                    (I) by striking ``State's''; and
                    (II) by striking ``and/or'' and inserting ``or'';

                (ii) in subparagraph (A), by striking ``State'';
                (iii) in subparagraph (C), by inserting ``, Indian 
            tribes,'' after ``involved counties''; and
                (iv) in subparagraph (D), by inserting ``, Tribal'' 
            after ``Federal, State''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2008''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601-6671), hire of passenger motor vehicles, and services as 
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 
reception and representation expenses, and rental of conference rooms 
in the District of Columbia, $5,184,000.

             National Aeronautics and Space Administration

                  science, aeronautics and exploration

    For necessary expenses in the conduct and support of science, 
aeronautics and exploration research and development activities, 
including research, development, operations, support and services; 
maintenance; construction of facilities including repair, 
rehabilitation, revitalization and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft control and 
communications activities including operations, production, and 
services; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; not to 
exceed $35,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $10,543,100,000, to remain available until 
September 30, 2009: Provided, That, of the amounts provided under this 
heading, $5,577,310,000 shall be for science, $625,280,000 shall be for 
aeronautics research, $3,842,010,000 shall be for exploration systems, 
and $556,400,000 shall be for cross-agency support programs: Provided 
further, That the amounts in the previous proviso shall be reduced by 
$57,900,000 in corporate and general administrative expenses and the 
reduction shall be applied proportionally to each amount therein: 
Provided further, That none of the funds under this heading shall be 
used for any research, development, or demonstration activities related 
exclusively to the human exploration of Mars.

                        exploration capabilities

    For necessary expenses in the conduct and support of exploration 
capabilities research and development activities, including research, 
development, operations, support and services; space flight, spacecraft 
control and communications activities including operations, production, 
and services; maintenance; construction of facilities including repair, 
rehabilitation, revitalization and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; not to exceed $35,000 for official reception and 
representation expenses; and purchase, lease, charter, maintenance and 
operation of mission and administrative aircraft, $6,733,700,000, to 
remain available until September 30, 2009: Provided, That of the 
amounts provided under this heading, $4,000,000,000 shall be for Space 
Shuttle operations, production, research, development, and support and 
$2,220,000,000 shall be for International Space Station operations, 
production, research, development, and support: Provided further, That 
amounts funded under this heading shall be reduced by $32,000,000 in 
corporate and general administrative expenses and the reduction shall 
be applied proportionally to each amount therein.


                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $32,600,000, to remain 
available until September 30, 2009.


                        Administrative Provisions

                      (including transfer of funds)

    Notwithstanding the limitation on the duration of availability of 
funds appropriated for ``Science, Aeronautics and Exploration'' or 
``Exploration Capabilities'' under this title, when any activity has 
been initiated by the incurrence of obligations for construction of 
facilities or environmental compliance and restoration activities as 
authorized by law, such amount available for such activity shall remain 
available until expended. This provision does not apply to the amounts 
appropriated for institutional minor revitalization and minor 
construction of facilities, and institutional facility planning and 
design.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, Aeronautics and Exploration'' or 
``Exploration Capabilities'' by this appropriations Act, the amounts 
appropriated for construction of facilities shall remain available 
until September 30, 2010.
    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed 
or the offer is withdrawn. Funding shall not be made available for 
Centennial Challenges unless authorized.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
any such transfers. Any transfer pursuant to this provision shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation except in compliance with the 
procedures set forth in that section.
    Notwithstanding any other provision of law, no funds shall be used 
to implement any Reduction in Force or other involuntary separations 
(except for cause) by the National Aeronautics and Space Administration 
prior to September 30, 2008.
    The Administrator of the National Aeronautics and Space 
Administration shall prepare a strategy for minimizing job losses when 
the National Aeronautics and Space Administration transitions from the 
Space Shuttle to a successor human-rated space transport vehicle. This 
strategy shall include: (1) specific initiatives that the National 
Aeronautics and Space Administration has undertaken, or plans to 
undertake, to maximize the utilization of existing civil service and 
contractor workforces at each of the affected Centers; (2) efforts to 
equitably distribute tasks and workload between the Centers to mitigate 
the brunt of job losses being borne by only certain Centers; (3) new 
workload, tasks, initiatives, and missions being secured for the 
affected Centers; and (4) overall projections of future civil service 
and contractor workforce levels at the affected Centers. The 
Administrator shall transmit this strategy to Congress not later than 
90 days after the date of enactment of this Act. The Administrator 
shall update and transmit to Congress this strategy not less than every 
six months thereafter until the successor human-rated space transport 
vehicle is fully operational.
    For fiscal year 2009 and hereafter, the National Aeronautics and 
Space Administration shall provide, at a minimum, the following 
information in its annual budget justification:
        (1) The actual, current, proposed funding level, and estimated 
    budgets for the next five fiscal years by directorate, theme, 
    program, project and activity within each appropriations account.
        (2) The proposed programmatic and non-programmatic construction 
    of facilities.
        (3) The budget for headquarters including--
            (A) the budget by office, and any division thereof, for the 
        actual, current, proposed funding level, and estimated budgets 
        for the next five fiscal years;
            (B) the travel budget for each office, and any division 
        thereof, for the actual, current, and proposed funding level; 
        and
            (C) the civil service full time equivalent assignments per 
        headquarters office, and any division thereof, including the 
        number of Senior Executive Service, noncareer, detailee, and 
        contract personnel per office.
        (4) Within 14 days of the submission of the budget to the 
    Congress an accompanying volume shall be provided to the Committees 
    on Appropriations containing the following information for each 
    center, facility managed by any center, and federally funded 
    research and development center operated on behalf of the National 
    Aeronautics and Space Administration:
            (A) The actual, current, proposed funding level, and 
        estimated budgets for the next five fiscal years by 
        directorate, theme, program, project, and activity.
            (B) The proposed programmatic and non-programmatic 
        construction of facilities.
            (C) The number of civil service full time equivalent 
        positions per center for each identified fiscal year.
            (D) The number of civil service full time equivalent 
        positions considered to be uncovered capacity at each location 
        for each identified fiscal year.
        (5) The proposed budget as designated by object class for each 
    directorate, theme, and program.
        (6) Sufficient narrative shall be provided to explain the 
    request for each program, project, and activity, and an explanation 
    for any deviation to previously adopted baselines for all 
    justification materials provided to the Committees.
    The Administrator of the National Aeronautics and Space 
Administration shall submit quarterly reports to the Inspector General 
of the National Aeronautics and Space Administration regarding the 
costs and contracting procedures relating to each conference or 
meeting, held by the National Aeronautics and Space Administration 
during fiscal year 2008 for which the cost to the Government was more 
than $20,000.
    Each report submitted shall include, for each conference described 
in that subsection held during the applicable quarter--
        (1) a description of the number of and purpose of participants 
    attending that conference or meeting;
        (2) a detailed statement of the costs to the Government 
    relating to that conference or meeting, including--
            (A) the cost of any food or beverages;
            (B) the cost of any audio-visual services;
            (C) the cost of all related travel; and
            (D) a discussion of the methodology used to determine which 
        costs relate to that conference or meeting; and
        (3) a description of the contracting procedures relating to 
    that conference or meeting, including--
            (A) whether contracts were awarded on a competitive basis; 
        and
            (B) a discussion of any cost comparison conducted by the 
        National Aeronautics and Space Administration in evaluating 
        potential contractors for any conference or meeting.
    The Administrator of NASA shall, not later than September 30, 2008, 
submit to the appropriate committees of Congress a report on each 
conference for which the agency paid travel expenses during fiscal year 
2008 that includes--
        (1) the itemized expenses paid by the agency, including travel 
    expenses and any agency expenditure to otherwise support the 
    conference;
        (2) the primary sponsor of the conference;
        (3) the location of the conference;
        (4) in the case of a conference for which the agency was the 
    primary sponsor, a statement that--
            (A) justifies the location selected;
            (B) demonstrates the cost efficiency of the location;
            (C) the date of the conference;
            (D) a brief explanation how the conference advanced the 
        mission of the agency; and
            (E) the total number of individuals who travel or 
        attendance at the conference was paid for in part or full by 
        the agency.
    In this provision, the term conference means a meeting that--
        (1) is held for consultation, education, awareness, or 
    discussion;
        (2) includes participants who are not all employees of the same 
    agency;
        (3) is not held entirely at an agency facility;
        (4) involves costs associated with travel and lodging for some 
    participants; and
        (5) is sponsored by 1 or more agencies, 1 or more organizations 
    that are not agencies, or a combination of such agencies or 
    organizations.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act 
to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; and authorized travel; $4,821,474,000, to 
remain available until September 30, 2009, of which not to exceed 
$510,000,000 shall remain available until expended for polar research 
and operations support, and for reimbursement to other Federal agencies 
for operational and science support and logistical and other related 
activities for the United States Antarctic program: Provided, That from 
funds specified in the fiscal year 2008 budget request for icebreaking 
services, up to $57,000,000 shall be available for the procurement of 
polar icebreaking services: Provided further, That the National Science 
Foundation shall only reimburse the Coast Guard for such sums as are 
agreed to according to the existing memorandum of agreement: Provided 
further, That $2,240,000 shall be transferred to the ``Office of 
Science and Technology Policy'' for costs associated with the Science 
and Technology Policy Institute/RaDiUS: Provided further, That receipts 
for scientific support services and materials furnished by the National 
Research Centers and other National Science Foundation supported 
research facilities may be credited to this appropriation.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including 
authorized travel, $220,740,000, to remain available until expended.

                     education and human resources

    For necessary expenses in carrying out science and engineering 
education and human resources programs and activities pursuant to the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized 
travel, and rental of conference rooms in the District of Columbia, 
$725,600,000, to remain available until September 30, 2009.


                  agency operations and award management

    For agency operations and award management necessary in carrying 
out the National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; not to exceed $9,000 for official reception and 
representation expenses; uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901-5902; rental of conference rooms in the District of 
Columbia; and reimbursement of the General Services Administration for 
security guard services; $281,790,000: Provided, That contracts may be 
entered into under this heading in fiscal year 2008 for maintenance and 
operation of facilities, and for other services, to be provided during 
the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 
1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 
et seq.), $3,969,000: Provided, That not to exceed $9,000 shall be 
available for official reception and representation expenses.

                      office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$11,427,000, to remain available until September 30, 2009.
    This title may be cited as the ``Science Appropriations Act, 
2008''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                          salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $8,460,000: Provided, That none of 
the funds appropriated in this paragraph shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner: 
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable 
days, with the exception of the chairperson, who is permitted 125 
billable days.

                Equal Employment Opportunity Commission


                          salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, and the Civil Rights 
Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of 
passenger motor vehicles as authorized by 31 U.S.C. 1343(b); 
nonmonetary awards to private citizens; and not to exceed $29,140,000 
for payments to State and local enforcement agencies for authorized 
services to the Commission, $329,300,000: Provided, That the Commission 
is authorized to make available for official reception and 
representation expenses not to exceed $2,500 from available funds: 
Provided further, That the Commission may take no action to implement 
any workforce repositioning, restructuring, or reorganization until 
such time as the House and Senate Committees on Appropriations have 
been notified of such proposals, in accordance with the reprogramming 
requirements of section 505 of this Act.

                     International Trade Commission


                          salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $68,400,000, to remain available until 
expended.

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $350,490,000, 
of which $332,390,000 is for basic field programs and required 
independent audits; $3,000,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $12,500,000 is for management and 
administration; $2,100,000 is for client self-help and information 
technology; and $500,000 is for loan repayment assistance: Provided, 
That the Legal Services Corporation may continue to provide locality 
pay to officers and employees at a rate no greater than that provided 
by the Federal Government to Washington, DC-based employees as 
authorized by 5 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.

           National Veterans Business Development Corporation


                          salaries and expenses

    For necessary expenses of the National Veterans Business 
Development Corporation established under section 33 of the Small 
Business Act (15 U.S.C. 657c), $1,410,000, to remain available until 
expended.

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$44,120,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That 
negotiations shall be conducted within the World Trade Organization 
consistent with the negotiating objectives contained in the Trade Act 
of 2002, Public Law 107-210.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572), $3,760,000: Provided, That not to exceed $2,500 
shall be available for official reception and representation expenses.

                                TITLE V

                           GENERAL PROVISIONS


                      (including transfer of funds)

    Sec. 501. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 504. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 505. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2008, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes or renames offices, programs, or activities; or (6) 
contracts out or privatizes any functions or activities presently 
performed by Federal employees; unless the House and Senate Committees 
on Appropriations are notified 15 days in advance of such reprogramming 
of funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings, including savings from a reduction in personnel, which would 
result in a change in existing programs, activities, or projects as 
approved by Congress; unless the House and Senate Committees on 
Appropriations are notified 15 days in advance of such reprogramming of 
funds.
    Sec. 506. Hereafter, none of the funds made available in this Act 
or any other Act may be used for the construction, repair (other than 
emergency repair), overhaul, conversion, or modernization of vessels 
for the National Oceanic and Atmospheric Administration in shipyards 
located outside of the United States.
    Sec. 507. Hereafter, none of the funds made available in this Act 
may be used to implement, administer, or enforce any guidelines of the 
Equal Employment Opportunity Commission covering harassment based on 
religion, when it is made known to the Federal entity or official to 
which such funds are made available that such guidelines do not differ 
in any respect from the proposed guidelines published by the Commission 
on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 508. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 509. The Departments of Commerce and Justice, the National 
Science Foundation, and the National Aeronautics and Space 
Administration, shall provide to the House and Senate Committees on 
Appropriations a quarterly accounting of the cumulative balances of any 
unobligated funds that were received by such agency during any previous 
fiscal year.
    Sec. 510. Any costs incurred by a department or agency funded under 
this Act resulting from, or to prevent, personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available to such department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this section 
is provided in addition to authorities included elsewhere in this Act: 
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 511. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 512. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
        (1) the implementation of any tax or fee in connection with the 
    implementation of subsection 922(t) of title 18, United States 
    Code; and
        (2) any system to implement subsection 922(t) of title 18, 
    United States Code, that does not require and result in the 
    destruction of any identifying information submitted by or on 
    behalf of any person who has been determined not to be prohibited 
    from possessing or receiving a firearm no more than 24 hours after 
    the system advises a Federal firearms licensee that possession or 
    receipt of a firearm by the prospective transferee would not 
    violate subsection (g) or (n) of section 922 of title 18, United 
    States Code, or State law.
    Sec. 513. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $590,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 514. None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 515. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 516. With the consent of the President, the Secretary of 
Commerce shall represent the United States Government in negotiating 
and monitoring international agreements regarding fisheries, marine 
mammals, or sea turtles: Provided, That the Secretary of Commerce shall 
be responsible for the development and interdepartmental coordination 
of the policies of the United States with respect to the international 
negotiations and agreements referred to in this section.
    Sec. 517. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 518. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:
        (1) Firearm traces are designed to assist law enforcement 
    authorities in conducting investigations by tracking the sale and 
    possession of specific firearms. Law enforcement agencies may 
    request firearms traces for any reason, and those reasons are not 
    necessarily reported to the Federal Government. Not all firearms 
    used in crime are traced and not all firearms traced are used in 
    crime.
        (2) Firearms selected for tracing are not chosen for purposes 
    of determining which types, makes, or models of firearms are used 
    for illicit purposes. The firearms selected do not constitute a 
    random sample and should not be considered representative of the 
    larger universe of all firearms used by criminals, or any subset of 
    that universe. Firearms are normally traced to the first retail 
    seller, and sources reported for firearms traced do not necessarily 
    represent the sources or methods by which firearms in general are 
    acquired for use in crime.
    Sec. 519. (a) The Inspectors General of the Department of Commerce, 
the Department of Justice, the National Aeronautics and Space 
Administration, and the National Science Foundation shall conduct 
audits, pursuant to the Inspector General Act (5 U.S.C. App.), of 
grants or contracts for which funds are appropriated by this Act, and 
shall submit reports to Congress on the progress of such audits, which 
may include preliminary findings and a description of areas of 
particular interest, within 180 days after initiating such an audit and 
every 180 days thereafter until any such audit is completed.
    (b) Within 60 days after the date on which an audit described in 
subsection (a) by an Inspector General is completed, the Secretary, 
Attorney General, Administrator, or Director, as appropriate, shall 
make the results of the audit available to the public on the Internet 
website maintained by the Department, Administration, or Foundation, 
respectively. The results shall be made available in redacted form to 
exclude--
        (1) any matter described in section 552(b) of title 5, United 
    States Code; and
        (2) sensitive personal information for any individual, the 
    public access to which could be used to commit identity theft or 
    for other inappropriate or unlawful purposes.
    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) Any person awarded a grant or contract funded by amounts 
appropriated by this Act shall submit a statement to the Secretary of 
Commerce, the Attorney General, the Administrator, or the Director, as 
appropriate, certifying that no funds derived from the grant or 
contract will be made available through a subcontract or in any other 
manner to another person who has a financial interest in the person 
awarded the grant or contract.
    (e) The provisions of the preceding subsections of this section 
shall take effect 30 days after the date on which the Director of the 
Office of Management and Budget, in consultation with the Director of 
the Office of Government Ethics, determines that a uniform set of rules 
and requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    Sec. 520. None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 521. None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 522. (a) Notwithstanding any other provision of law or treaty, 
none of the funds appropriated or otherwise made available under this 
Act or any other Act may be expended or obligated by a department, 
agency, or instrumentality of the United States to pay administrative 
expenses or to compensate an officer or employee of the United States 
in connection with requiring an export license for the export to Canada 
of components, parts, accessories or attachments for firearms listed in 
Category I, section 121.1 of title 22, Code of Federal Regulations 
(International Trafficking in Arms Regulations (ITAR), part 121, as it 
existed on April 1, 2005) with a total value not exceeding $500 
wholesale in any transaction, provided that the conditions of 
subsection (b) of this section are met by the exporting party for such 
articles.
    (b) The foregoing exemption from obtaining an export license--
        (1) does not exempt an exporter from filing any Shipper's 
    Export Declaration or notification letter required by law, or from 
    being otherwise eligible under the laws of the United States to 
    possess, ship, transport, or export the articles enumerated in 
    subsection (a); and
        (2) does not permit the export without a license of--
            (A) fully automatic firearms and components and parts for 
        such firearms, other than for end use by the Federal 
        Government, or a Provincial or Municipal Government of Canada;
            (B) barrels, cylinders, receivers (frames) or complete 
        breech mechanisms for any firearm listed in Category I, other 
        than for end use by the Federal Government, or a Provincial or 
        Municipal Government of Canada; or
            (C) articles for export from Canada to another foreign 
        destination.
    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in 
the United States or return to Canada for a Canadian citizen.
    (d) The President may require export licenses under this section on 
a temporary basis if the President determines, upon publication first 
in the Federal Register, that the Government of Canada has implemented 
or maintained inadequate import controls for the articles specified in 
subsection (a), such that a significant diversion of such articles has 
and continues to take place for use in international terrorism or in 
the escalation of a conflict in another nation. The President shall 
terminate the requirements of a license when reasons for the temporary 
requirements have ceased.
    Sec. 523. Notwithstanding any other provision of law, no 
department, agency, or instrumentality of the United States receiving 
appropriated funds under this Act or any other Act shall obligate or 
expend in any way such funds to pay administrative expenses or the 
compensation of any officer or employee of the United States to deny 
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to 
import United States origin ``curios or relics'' firearms, parts, or 
ammunition.
    Sec. 524. None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the 
text of--
        (1) paragraph 2 of article 16.7 of the United States-Singapore 
    Free Trade Agreement;
        (2) paragraph 4 of article 17.9 of the United States-Australia 
    Free Trade Agreement; or
        (3) paragraph 4 of article 15.9 of the United States-Morocco 
    Free Trade Agreement.
    Sec. 525. (a)(1) The Administrator of the National Aeronautics and 
Space Administration shall modify the Administration's financial 
management system and perform all appropriate testing and assurance 
activities necessary for the system to be capable of properly 
budgeting, accounting for, controlling, and reporting on appropriations 
made to the Administration for fiscal year 2009 and thereafter under 
the appropriation accounts set out for the Administration in H.R. 3093 
of the 110th Congress, as passed 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) Beginning for the first full month after the date of enactment 
of this Act, the Administrator shall report in writing to the Committee 
on Appropriations of the House of Representatives and the Committee on 
Appropriations of the Senate, on the 15th business day of each month, 
financial information on the execution of the Administration's budget 
for the preceding month and for the fiscal year to date. Each report 
under this subsection shall provide information on the Administration's 
budget, obligations incurred, and disbursements made, presented by--
        (1) mission area (as reflected in the appropriation accounts 
    set out for the Administration in H.R. 3093 of the 110th Congress, 
    as passed 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. Effective January 13, 2007, section 303A of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is 
amended--
        (1) by striking ``association'' in subsection (c)(4)(A)(iii) 
    and inserting ``association, among willing parties'';
        (2) by striking paragraph (2) of subsection (i);
        (3) by striking ``(1) In general.--'' in subsection (i) and 
    resetting paragraph (1) as a full measure paragraph following ``(i) 
    Transition Rules.--''; and
        (4) by redesignating subparagraphs (A), (B), and (C) of 
    subsection (i)(1) (before its amendment by paragraph (3)) as 
    paragraphs (1), (2), and (3), respectively and resetting them as 
    indented paragraphs 2 ems from the left margin.
    Sec. 530. If at any time during any quarter, the program manager of 
a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased 
by 10 percent, the program manager shall immediately inform the 
Secretary, Administrator, or Director. The Secretary, Administrator, or 
Director shall notify the House and Senate Committees on Appropriations 
within 30 days in writing of such increase, and shall include in such 
notice: the date on which such determination was made; a statement of 
the reasons for such increases; the action taken and proposed to be 
taken to control future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such changes 
have contributed to the increase in total program costs or procurement 
costs; new estimates of the total project or procurement costs; and a 
statement validating that the project's management structure is 
adequate to control total project or procurement costs.
    Sec. 531. Notwithstanding section 505 of this Act, no funds shall 
be reprogrammed within or transferred between appropriations after June 
30, except in extraordinary circumstances.
    Sec. 532. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2008.
    Sec. 533. (a) Subsection (a) of section 315 of the National 
Aeronautics and Space Administration Act of 1958 (42 U.S.C. 2459j) is 
amended--
        (1) by striking ``Notwithstanding any other provision of law, 
    the Administrator'' and inserting ``The Administrator''; and
        (2) by striking ``any real property'' and inserting ``any non-
    excess real property and related personal property''; and
        (3) by striking ``at no more than two (2) National Aeronautics 
    and Space Administration (NASA) centers''.
    (b) Subsection (b) of such section is amended--
        (1) in paragraph (1), by striking ``consideration'' and all 
    that follows through the end of the paragraph and inserting ``cash 
    consideration for the lease at fair market value as determined by 
    the Administrator.'';
        (2) by striking paragraph (2);
        (3) by redesignating paragraph (3) as paragraph (2); and
        (4) in paragraph (2), as redesignated by paragraph (3) of this 
    subsection--
            (A) in subparagraph (B), by striking ``maintenance'' and 
        all that follows through ``centers selected for this 
        demonstration program'' and inserting ``capital revitalization 
        and construction projects and improvements of real property 
        assets and related personal property under the jurisdiction of 
        the Administrator''; and
            (B) by adding at the end the following new subparagraph:
        ``(C) Amounts utilized under subparagraph (B) may not be 
    utilized for daily operating costs.''.
    (c) Subsection (e) of such section is amended--
        (1) by striking ``Lease Restrictions.--NASA'' and inserting the 
    following: ``Lease Restrictions.--
        ``(1) NASA''; and
        (2) by adding at the end the following new paragraph:
        ``(2) NASA is not authorized to enter into an out-lease under 
    this section unless the Administrator certifies that such out-lease 
    will not have a negative impact on NASA's mission.''.
    (d) Such section is further amended by adding at the end the 
following new subsection (f):
    ``(f) Sunset.--The authority to enter into leases under this 
section shall expire on the date that is ten years after the date of 
the enactment of the Commerce, Justice, Science, and Related Agencies 
Appropriations Act of 2008. The expiration under this subsection of 
authority to enter into leases under this section shall not affect the 
validity or term of leases or NASA's retention of proceeds from leases 
entered into under this section before the date of the expiration of 
such authority.''.
    (e) The heading of such section is amended by striking ``Enhanced-
use lease of real property demonstration'' and inserting ``Lease of 
non-excess property''.
    (f) This section shall become effective on December 31, 2008.
    Sec. 534. The Departments, agencies, and commissions funded under 
this Act, shall establish and maintain on the homepages of their 
Internet websites--
        (1) a direct link to the Internet websites of their Offices of 
    Inspectors General; and
        (2) a mechanism on the Offices of Inspectors General website by 
    which individuals may anonymously report cases of waste, fraud, or 
    abuse with respect to those Departments, agencies, and commissions.
    Sec. 535. None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 536. This section may be cited as the ``ED 1.0 Act''.
     (a) In this section:
        (1) The term ``Administrator'' means the Administrator of the 
    National Telecommunications and Information Administration.
        (2) The term ``eligible educational institution'' means an 
    institution that is--
            (A) a historically Black college or university;
            (B) a Hispanic-serving institution as that term is defined 
        in section 502(a)(5) of the Higher Education Act of 1965 (20 
        U.S.C. 1101a(a)(5));
            (C) a tribally controlled college or university as that 
        term is defined in section 2(a)(4) of the Tribally Controlled 
        College or University Assistance Act of 1978 (25 U.S.C. 
        1801(a)(4));
            (D) an Alaska Native-serving institution as that term is 
        defined in section 317(b)(2) of the Higher Education Act of 
        1965 (20 U.S.C. 1059d(b)(2)); or
            (E) a Native Hawaiian-serving institution as that term is 
        defined in section 317(b)(4) of the Higher Education Act of 
        1965 (20 U.S.C. 1059d(b)(4)).
        (3) The term ``historically Black college or university'' means 
    a part B institution as that term is defined in section 322(2) of 
    the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
    (b)(1)(A) There is established within the National 
Telecommunications and Information Administration a pilot program under 
which the Administrator shall award 9 grants to eligible educational 
institutions to enable the eligible educational institutions to develop 
digital and wireless networks for online educational programs of study 
within the eligible educational institutions. The Administrator shall 
award not less than 1 grant to each type of eligible educational 
institution, enumerated under subsection (a)(2).
    (B)(i) The Administrator shall award a total of 9 grants under this 
subsection.
    (ii) The Administrator shall make grant payments under this 
subsection in the amount of $500,000.
    (2)(A) In awarding grants under this subsection the Administrator 
shall give priority to an eligible educational institution that, 
according to the most recent data available (including data available 
from the Bureau of the Census), serves a county, or other appropriate 
political subdivision where no counties exist--
        (i) in which 50 percent of the residents of the county, or 
    other appropriate political subdivision where no counties exist, 
    are members of a racial or ethnic minority;
        (ii) in which less than 18 percent of the residents of the 
    county, or other appropriate political subdivision where no 
    counties exist, have obtained a baccalaureate degree or a higher 
    education;
        (iii) that has an unemployment rate of 7 percent or greater;
        (iv) in which 20 percent or more of the residents of the 
    county, or other appropriate political subdivision where no 
    counties exist, live in poverty;
        (v) that has a negative population growth rate; or
        (vi) that has a family income of not more than $32,000.
    (B) In awarding grants under this subsection the Administrator 
shall give the highest priority to an eligible educational institution 
that meets the greatest number of requirements described in clauses (i) 
through (vi) of subparagraph (A).
    (3) An eligible educational institution receiving a grant under 
this subsection may use the grant funds--
        (A) to acquire equipment, instrumentation, networking 
    capability, hardware, software, digital network technology, 
    wireless technology, or wireless infrastructure;
        (B) to develop and provide educational services, including 
    faculty development; or
        (C) to develop strategic plans for information technology 
    investments.
    (4) The Administrator shall not require an eligible educational 
institution to provide matching funds for a grant awarded under this 
subsection.
    (5)(A) The Administrator shall consult with the Committee on 
Appropriations and the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Appropriations and 
the Committee on Energy and Commerce of the House of Representatives, 
on a quarterly basis regarding the pilot program assisted under this 
subsection.
    (B) Not later than 1 year after the date of enactment of this 
section, the Administrator shall submit to the committees described in 
subparagraph (A) a report evaluating the progress of the pilot program 
assisted under this subsection.
    (c) There are authorized to be appropriated to carry out this 
section $4,500,000 for each of fiscal years 2008 and 2009.
    (d) The Administrator shall carry out this section only with 
amounts appropriated in advance specifically to carry out this section.
    Sec. 537. None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is inconsistent with 
the principal negotiating objective of the United States with respect 
to trade remedy laws to preserve the ability of the United States--
        (1) to enforce vigorously its trade laws, including 
    antidumping, countervailing duty, and safeguard laws;
        (2) to avoid agreements that--
            (A) lessen the effectiveness of domestic and international 
        disciplines on unfair trade, especially dumping and subsidies; 
        or
            (B) lessen the effectiveness of domestic and international 
        safeguard provisions, in order to ensure that United States 
        workers, agricultural producers, and firms can compete fully on 
        fair terms and enjoy the benefits of reciprocal trade 
        concessions; and
        (3) to address and remedy market distortions that lead to 
    dumping and subsidization, including overcapacity, cartelization, 
    and market-access barriers.
    Sec. 538. None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 539. Section 2301 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking 
``the `Improving Emergency Communications Act of 2007'.'' and inserting 
``the `911 Modernization Act'.''.
    Sec. 540. Section 504(a)(11)(E) of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134; 110 
Stat. 1321-55) is amended by inserting before ``an alien'' the 
following: ``a nonimmigrant worker admitted to, or permitted to remain 
in, the United States under section 101(a)(15)(H)(ii)(b) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for 
forestry labor or''.
    Sec. 541. None of the funds made available in this Act may be used 
in contravention of section 402(e)(1) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
    Sec. 542. None of the funds in this Act may be used to employ 
workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 543. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States.

                                TITLE VI

                              RESCISSIONS

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

                               (RESCISSION)

    Of the unobligated balances available under this heading from prior 
year appropriations, $5,700,000 are rescinded.

                   Economic and Statistical Analysis


                          SALARIES AND EXPENSES

                               (RESCISSION)

    Of the unobligated balances available under this heading from prior 
year appropriations, $800,000 are rescinded.

             National Institute of Standards and Technology


                      INDUSTRIAL TECHNOLOGY SERVICES

                               (RESCISSION)

    Of the unobligated balances available under this heading from prior 
year appropriations, $18,800,000 are rescinded.

            National Oceanic and Atmospheric Administration


                               (Rescission)

    Of the unobligated balances available in accounts under this 
heading from prior year appropriations, $11,372,000 are rescinded.

                         DEPARTMENT OF JUSTICE

                         General Administration


                          SALARIES AND EXPENSES

                               (RESCISSION)

    Of the unobligated balances available under this heading, 
$7,400,000 are rescinded.


                  JUSTICE INFORMATION SHARING TECHNOLOGY

                               (RESCISSION)

    Of the unobligated balances available under this heading, 
$5,000,000 are rescinded.


                           Working Capital Fund

                               (Rescission)

    Of the unobligated balances available under this heading, 
$41,000,000 are rescinded.


                TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

                               (RESCISSION)

    Of the unobligated balances available under this heading, 
$1,300,000 are rescinded.


                            DETENTION TRUSTEE

                               (RESCISSION)

    Of the unobligated balances available under this heading, 
$145,000,000 are rescinded.

                            Legal Activities


                          Assets Forfeiture Fund

                               (Rescission)

    Of the unobligated balances available under this heading, 
$240,000,000 are rescinded.

                    Office on Violence Against Women


        VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

                               (RESCISSION)

    Of the unobligated balances available under this heading from prior 
year appropriations, $14,700,000 are rescinded.

                       Office of Justice Programs


                               (Rescission)

    Of the unobligated balances available under this heading from prior 
year appropriations, $87,500,000 are rescinded, not later than 
September 30, 2008.


                   Community Oriented Policing Services

                              (Rescissions)

    Of the unobligated balances available under this heading from prior 
year appropriations, $87,500,000 are rescinded, not later than 
September 30, 2008.
    Of the unobligated funds previously appropriated from the Violent 
Crime Reduction Trust Fund under this heading, $10,278,000 are 
rescinded.

             NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                              (Rescission)

    Of the unobligated balances available to the National Aeronautics 
and Space Administration from prior year appropriations, $192,475,000 
are rescinded: Provided, That within 30 days after the date of the 
enactment of this section the Administrator shall submit to the 
Committees on Appropriations a report specifying the amount of each 
rescission made pursuant to this section.

                      NATIONAL SCIENCE FOUNDATION

                              (Rescission)

    Of the unobligated balances available to the National Science 
Foundation from prior year appropriations, $33,000,000 are rescinded: 
Provided, That within 30 days after the date of the enactment of this 
section the Director shall submit to the Committees on Appropriations a 
report specifying the amount of each rescission made pursuant to this 
section.
    This Act may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2008''.

     DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2008

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and related purposes.


                              Investigations

                     (including rescission of funds)

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood and storm damage 
reduction, shore protection, aquatic ecosystem restoration, and related 
projects; restudy of authorized projects, miscellaneous investigations; 
and, when authorized by law, surveys and detailed studies, and plans 
and specifications of projects prior to construction, $167,261,000, to 
remain available until expended: Provided, That of the funds provided 
under this heading of Public Law 106-554, $100,000 are rescinded: 
Provided further, That using $2,952,000 of the funds provided herein, 
the Secretary of the Army acting through the Chief of Engineers shall 
continue the Louisiana Coastal Protection and Restoration study at full 
Federal expense: Provided further, That using $1,968,000 of the funds 
provided herein, the Secretary of the Army acting through the Chief of 
Engineers shall continue the Coastal Mississippi Hurricane and Storm 
Damage Reduction study at full Federal expense: Provided further, That 
funds in the amount of $461,000 are provided to continue environmental 
studies for the Pine Mountain Dam, Arkansas, project: Provided further, 
That cost sharing of preconstruction engineering and design shall be as 
previously applied to this activity.


                               Construction

                     (including rescissions of funds)

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law, including a 
portion of the expenses for the modifications authorized by section 104 
of the Everglades National Park Protection and Expansion Act of 1989; 
for conducting detailed studies, and plans and specifications, of such 
projects (including those involving participation by States, local 
governments, or private groups) authorized or made eligible for 
selection by law (but such detailed studies, and plans and 
specifications, shall not constitute a commitment of the Government to 
construction); $2,294,029,000, to remain available until expended; of 
which such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material Disposal 
Facilities program shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104-303; and of which such sums as are 
necessary pursuant to Public Law 99-662 shall be derived from the 
Inland Waterways Trust Fund, to cover one-half of the costs of 
construction and rehabilitation of inland waterways projects (including 
the rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; 
Lock and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi 
River, Illinois and Missouri; Lock 27, Mississippi River, Illinois; 
Markland Locks and Dam, Kentucky and Indiana; Emsworth Locks and Dam, 
Ohio River, Pennsylvania; and Lock and Dam 3, Mississippi River, 
Minnesota) shall be derived from the Inland Waterways Trust Fund; and 
of which $7,380,000 shall be exclusively for projects and activities 
authorized under section 107 of the River and Harbor Act of 1960; and 
of which $4,796,000 shall be exclusively for projects and activities 
authorized under section 111 of the River and Harbor Act of 1968; and 
of which $4,428,000 shall be exclusively for projects and activities 
authorized under section 103 of the River and Harbor Act of 1962; and 
of which $42,312,000 shall be exclusively for projects and activities 
authorized under section 205 of the Flood Control Act of 1948; and of 
which $9,840,000 shall be exclusively for projects and activities 
authorized under section 14 of the Flood Control Act of 1946; and of 
which $0 shall be exclusively for projects and activities authorized 
under section 208 of the Flood Control Act of 1954; and of which 
$29,520,000 shall be exclusively for projects and activities authorized 
under section 1135 of the Water Resources Development Act of 1986; and 
of which $29,520,000 shall be exclusively for projects and activities 
authorized under section 206 of the Water Resources Development Act of 
1996; and of which $5,292,000 shall be exclusively for projects and 
activities authorized under sections 204 and 207 of the Water Resources 
Development Act of 1992 and section 933 of the Water Resources 
Development Act of 1986: Provided, That the Chief of Engineers is 
directed to use $12,792,000 of the funds appropriated herein for the 
Dallas Floodway Extension, Texas, project, including the Cadillac 
Heights feature, generally in accordance with the Chief of Engineers 
report dated December 7, 1999: Provided further, That the Chief of 
Engineers is directed to use $1,968,000 of the funds provided herein 
for the Hawaii Water Management Project: Provided further, That the 
Chief of Engineers is directed to use $5,166,000 of the funds 
appropriated herein for planning, engineering, design or construction 
of the Grundy, Buchanan County, and Dickenson County, Virginia, 
elements of the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River Project: Provided further, That the Chief of Engineers 
is directed to use $18,204,000 of the funds appropriated herein to 
continue planning, engineering, design or construction of the Lower 
Mingo County, Upper Mingo County, Wayne County, McDowell County, West 
Virginia, elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River Project: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use $4,920,000 of the funds appropriated herein for the 
Clover Fork, City of Cumberland, Town of Martin, Pike County (including 
Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County in 
accordance with the Draft Detailed Project Report dated January 2002, 
Floyd County, Martin County, Johnson County, and Knox County, Kentucky, 
detailed project report, elements of the Levisa and Tug Forks of the 
Big Sandy River and Upper Cumberland River: Provided further, That the 
Secretary of the Army is directed to use any remaining available funds 
from funds appropriated in Public Law 103-126 (107 Stat. 1315) for 
carrying out engineering and design for the relocation of the comfort 
and lifeguard stations on the Atlantic Coast of New York City from 
Rockaway Inlet to Norton Point, New York, project for construction of 
other features of the project: Provided further, That the Secretary of 
the Army is directed to use any remaining available funds from the 
funds appropriated in Public Law 107-66 (115 Stat. 488) for increasing 
the authorized level of protection for the Bois Brule Drainage and 
Levee District, Missouri, project, to continue design deficiency 
repairs on the project: Provided further, That the Chief of Engineers 
is directed to use $2,952,000 of the funds provided herein to initiate 
planning and design of a rural health care facility on the Fort 
Berthold Reservation of the Three Affiliated Tribes, North Dakota: 
Provided further, That $1,476,000 of the funds provided herein shall be 
available to continue detailed design including plans and 
specifications, execute a PCA and initiate construction of Phases I and 
II for the Greenbrier River Basin, Marlinton, West Virginia, project: 
Provided further, That the Secretary of the Army shall use up to 
$5,904,000 including the prior unobligated balance of $4,972,000 from 
the Devils Lake Outlet, North Dakota, project for the North Dakota 
environmental infrastructure project: Provided further, That the 
Secretary of the Army shall use the prior year unobligated balance of 
$1,500,000 from the Waterbury Dam repairs project for the Lake 
Champlain Watershed project: Provided further, That of the funds 
provided under this heading the following amounts are rescinded: from 
Public Law 101-101, $435,000; from Public Law 102-377, $1,740,000; from 
Public Law 103-126, $797,000; and from Public Law 105-245, $1,716,000.


                    Mississippi River and Tributaries

    For expenses necessary for the flood damage reduction program for 
the Mississippi River alluvial valley below Cape Girardeau, Missouri, 
as authorized by law, $387,402,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal share of 
operation and maintenance costs for inland harbors shall be derived 
from the Harbor Maintenance Trust Fund: Provided, That the Chief of 
Engineers is directed to use $9,840,000 of the funds provided herein 
for design and real estate activities and pump supply elements for the 
Yazoo Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers is directed to use $9,840,000 appropriated herein for 
construction of water withdrawal features of the Grand Prairie, 
Arkansas, project.


                        Operation and Maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law, for 
providing security for infrastructure owned and operated by, or on 
behalf of, the United States Army Corps of Engineers (the ``Corps''), 
including administrative buildings and facilities, and laboratories, 
and the Washington Aqueduct; for the maintenance of harbor channels 
provided by a State, municipality, or other public agency that serve 
essential navigation needs of general commerce, where authorized by 
law; and for surveys and charting of northern and northwestern lakes 
and connecting waters, clearing and straightening channels, and removal 
of obstructions to navigation, $2,243,637,000, to remain available 
until expended, of which such sums as are necessary to cover the 
Federal share of operation and maintenance costs for coastal harbors 
and channels, and inland harbors shall be derived from the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662 may be derived 
from that fund; of which such sums as become available from the special 
account for the Corps established by the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from 
that account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas at 
which outdoor recreation is available; and of which such sums as become 
available under section 217 of the Water Resources Development Act of 
1996, Public Law 104-303, shall be used to cover the cost of operation 
and maintenance of the dredged material disposal facilities for which 
fees have been collected: Provided, That utilizing funds appropriated 
herein, for the Intracoastal Waterway, Delaware River to Chesapeake 
Bay, Delaware and Maryland, the Chief of Engineers, is directed to 
reimburse the State of Delaware for normal operation and maintenance 
costs incurred by the State of Delaware for the SR1 Bridge from station 
58+00 to station 293+00 between October 1, 2007, and September 30, 
2008: Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to use up to $350,000 of the funds 
appropriated herein to reimburse the City of Glen Cove, New York, for 
costs associated with the maintenance dredging of Glen Cove Creek 
incurred prior to enactment of this Act.


                            Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $180,000,000, to remain 
available until expended.


             Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended.


                                 Expenses

    For expenses necessary for general administration and related civil 
works functions in the headquarters of the United States Army Corps of 
Engineers, the offices of the Division Engineers, the Humphreys 
Engineer Center Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers Finance Center, $175,046,000, 
to remain available until expended: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to 
fund the civil works activities of the Office of the Chief of Engineers 
or the civil works executive direction and management activities of the 
division offices.


         Office of Assistant Secretary of the Army (Civil Works)

    For the Office of the Assistant Secretary of the Army (Civil Works) 
as authorized by 10 U.S.C. 3016(b)(3), $4,500,000 is provided.


                         Administrative Provision

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and 
during the current fiscal year the Revolving Fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles.


              GENERAL PROVISIONS, Corps of Engineers--Civil

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2008, shall be available for obligation or 
expenditure through a reprogramming of funds that:
        (1) creates or initiates a new program, project, or activity;
        (2) eliminates a program, project, or activity;
        (3) increases funds or personnel for any program, project, or 
    activity for which funds have been denied or restricted by this 
    Act, unless prior approval is received from the House and Senate 
    Committees on Appropriations;
        (4) proposes to use funds directed for a specific activity by 
    either the House or the Senate Committees on Appropriations for a 
    different purpose, unless prior approval is received from the House 
    and Senate Committees on Appropriations;
        (5) augments or reduces existing programs, projects or 
    activities in excess of the amounts contained in subsections 6 
    through 10, unless prior approval is received from the House and 
    Senate Committees on Appropriations;
        (6) Investigations.--For a base level over $100,000, 
    reprogramming of 25 percent of the base amount up to a limit of 
    $150,000 per project, study or activity is allowed: Provided, That 
    for a base level less than $100,000, the reprogramming limit is 
    $25,000; Provided further, That up to $25,000 may be reprogrammed 
    into any continuing study or activity that did not receive an 
    appropriation for existing obligations and concomitant 
    administrative expenses;
        (7) Construction.--For a base level over $2,000,000, 
    reprogramming of 15 percent of the base amount up to a limit of 
    $3,000,000 per project, study or activity is allowed: Provided, 
    That for a base level less than $2,000,000, the reprogramming limit 
    is $300,000: Provided further, That up to $3,000,000 may be 
    reprogrammed for settled contractor claims, changed conditions, or 
    real estate deficiency judgments; Provided further, That up to 
    $300,000 may be reprogrammed into any continuing study or activity 
    that did not receive an appropriation for existing obligations and 
    concomitant administrative expenses;
        (8) Operation and maintenance.--Unlimited reprogramming 
    authority is granted in order for the Corps to be able to respond 
    to emergencies: Provided, That the Chief of Engineers must notify 
    the House and Senate Committees on Appropriations of these 
    emergency actions as soon thereafter as practicable: Provided 
    further, That for a base level over $1,000,000, reprogramming of 15 
    percent of the base amount up to a limit of $5,000,000 per project, 
    study or activity is allowed: Provided further, That for a base 
    level less than $1,000,000, the reprogramming limit is $150,000: 
    Provided further, That $150,000 may be reprogrammed into any 
    continuing study or activity that did not receive an appropriation;
        (9) Mississippi river and tributaries.--The same reprogramming 
    guidelines for the Investigations, Construction, and Operation and 
    Maintenance portions of the Mississippi River and Tributaries 
    Account as listed above; and
        (10) Formerly utilized sites remedial action program.--
    Reprogramming of up to 15 percent of the base of the receiving 
    project is permitted.
    (b) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing 
authorities program.
    (c) Not later than 60 days after the date of enactment of this Act, 
the Corps of the Engineers shall submit a report to the House and 
Senate Committees on Appropriations to establish the baseline for 
application of reprogramming and transfer authorities for the current 
fiscal year: Provided, That the report shall include:
        (1) A table for each appropriation with a separate column to 
    display the President's budget request, adjustments made by 
    Congress, adjustments due to enacted rescissions, if appropriate, 
    and the fiscal year enacted level;
        (2) A delineation in the table for each appropriation both by 
    object class and program, project and activity as detailed in the 
    budget appendix for the respective appropriations; and
        (3) An identification of items of special congressional 
    interest: Provided further, That the amount appropriated for 
    salaries and expenses of the Corps of Engineers shall be reduced by 
    $100,000 per day for each day after the required date that the 
    report has not been submitted to the Congress.
    Sec. 102. None of the funds made available in this title may be 
used to award any continuing contract or make modifications to any 
existing continuing contract that commits an amount for a project in 
excess of the amounts appropriated for that project that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming to that project pursuant to 
section 101 of this Act.
    Sec. 103. None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
implement any pending or future competitive sourcing actions under OMB 
Circular A-76 or High Performing Organizations for the U.S. Army Corps 
of Engineers.
    Sec. 104. None of the funds appropriated in this or any other Act 
shall be used to demonstrate or implement any plans divesting or 
transferring any Civil Works missions, functions, or responsibilities 
of the United States Army Corps of Engineers to other government 
agencies without specific direction in a subsequent Act of Congress.
    Sec. 105. Within 90 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of the Army 
(Civil Works) shall submit the report to the appropriate authorizing 
and appropriating committees of the Congress.
    Sec. 106. Water Reallocation, Lake Cumberland, Kentucky. (a) In 
General.--Subject to subsection (b), none of the funds made available 
by this Act may be used to carry out any water reallocation project or 
component under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and 
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply to any 
water reallocation for Lake Cumberland, Kentucky, that is carried out 
subject to an agreement or payment schedule in effect on the date of 
enactment of this Act.
    Sec. 107. Using amounts available in the Revolving Fund, the 
Secretary of the Army is authorized to construct a new Environmental 
Laboratory and improvements to the Information Technology Laboratory at 
the Engineer Research and Development Center in Vicksburg, Mississippi: 
Provided, That the Secretary shall ensure that the Revolving Fund is 
appropriately reimbursed from appropriations of the Corps' benefiting 
programs by collection each year of amounts sufficient to repay the 
capitalized cost of such construction and improvements.
    Sec. 108. Notwithstanding section 729 of the Water Resources 
Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary 
shall credit toward the non-Federal share of the cost of the Rio Grande 
Basin Watershed Study, New Mexico, Colorado and Texas, the cost of in-
kind services contributed by the New Mexico Interstate Stream 
Commission for the Study up to the full amount of the required non-
Federal share, in accordance with the Agreement between the Commission 
and the Department of the Army dated December 3, 2001, as modified on 
January 14, 2002.
    Sec. 109. Section 121 of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is 
amended by striking subsection (a) and inserting the following:
    ``(a) The Secretary of the Army may carry out and fund planning 
studies, watershed surveys and assessments, or technical studies at 100 
percent Federal expense to accomplish the purposes of the 2003 
Biological Opinion described in section 205(b) of the Energy and Water 
Development Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
2949) as amended by subsection (b) and the collaborative program long-
term plan. In carrying out a study, survey, or assessment under this 
subsection, the Secretary of the Army shall consult with Federal, 
State, tribal and local governmental entities, as well as entities 
participating in the Middle Rio Grande Endangered Species Collaborative 
Program referred to in section 205 of this Act: Provided, That the 
Secretary of the Army may also provide planning and administrative 
assistance to the Middle Rio Grande Endangered Species Collaborative 
Program, which shall not be subject to cost sharing requirements with 
non-Federal interests.''.
    Sec. 110. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to convey at no cost, lands to Tate County 
School District, Tate County, Mississippi, the transfer of any real 
property interests, not to exceed 50 acres, at Arkabutla Lake deemed 
available by the Army that is located adjacent to school district 
property in the vicinity of State Highway 306 west of Coldwater, 
Mississippi. Such transfer shall be subject to the reservation of any 
required flowage easements for the operation of Arkabutla Lake and 
which preclude structures for human habitation. This property shall be 
used by the Tate County School District for public educational 
purposes.
    Sec. 111. Section 594 of the Water Resources Development Act of 
1999 is amended by striking ``sec. 594. ohio.'' and inserting in lieu 
thereof ``sec. 594. ohio and north dakota.'' and in (a) strike 
``Ohio.'' and insert in lieu thereof ``Ohio and North Dakota.'' and in 
(b) strike ``Ohio,'' and insert in lieu thereof ``Ohio and North 
Dakota,'' and in (h) strike ``$240,000,000.'' and insert in lieu 
thereof ``$240,000,000 for Ohio and $100,000,000 for North Dakota.''.
    Sec. 112. The Secretary of the Army, acting through the Chief of 
Engineers, is directed and authorized to conduct preconstruction 
engineering and design activities at full Federal expense for the 
Kahuku Storm Damage Reduction Project, Oahu, Hawaii, which includes 
interior drainage and related improvements to be constructed on lands 
that may include Federal land, the cost of the preconstruction, 
engineering, and design activities shall be included in total project 
costs to be cost shared at the rate of 65 percent Federal and 35 
percent non-Federal, as a part of construction and the Decision 
Document contents shall be limited to a design analysis and supporting 
NEPA documentation for drainage improvements.
    Sec. 113. Section 227 of Public Law 104-303 is amended in section 
5(a) by striking ``7'' and inserting ``12'' in lieu thereof.
    Sec. 114. All budget documents and justification materials for the 
Corps of Engineers annual budget submission to Congress shall be 
assembled and presented based on the most recent annual appropriations 
Act: Provided, That new budget proposals for fiscal year 2008 and 
thereafter, shall not be integrated into the budget justifications 
submitted to Congress but shall be submitted separately from the budget 
justifications documents.
    Sec. 115. The Secretary of the Army acting through the Chief of 
Engineers is directed to plan, design, and construct a rural health 
care facility on the Fort Berthold Indian Reservation of the Three 
Affiliated Tribes, North Dakota, at an estimated Federal cost of 
$20,000,000. The Secretary shall transfer this facility to the 
Secretary of the Interior for operation and maintenance upon the 
completion of construction.
    Sec. 116. The last sentence of section 215(a) of the Flood Control 
Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by striking 
``$5,000,000'' and inserting ``$7,000,000''.
    Sec. 117. Johnson Creek, Arlington, Texas. (a) In General.--The 
project for flood damage reduction, environmental restoration and 
recreation, Johnson Creek, Arlington, Texas, authorized by section 
101(b)(14) of the Water Resources Development Act of 1999 (113 Stat. 
280-281) is modified to authorize the Secretary to construct the 
project substantially in accordance with the report entitled Johnson 
Creek: A Vision of Conservation, dated March 30, 2006, at a total cost 
of $80,000,000, with an estimated Federal cost of $52,000,000 and an 
estimated non-Federal cost of $28,000,000 if the Secretary determines 
that the project is technically sound and environmentally acceptable.
    (b) Non-Federal Share.--
        (1) In general.--The non-Federal share of the cost of the 
    project may be provided in cash or in the form of in-kind services 
    or materials.
        (2) Credit and reimbursement.--The Secretary shall credit 
    toward the non-Federal share of the cost of the project the cost of 
    planning, design, and construction work carried out by the non-
    Federal interest for implementation of the project, if the 
    Secretary determines that the work is integral to the project. 
    Subject to the availability of funds, the non- Federal interest 
    shall be reimbursed for costs incurred by the non-Federal interest 
    that exceed the non-Federal share of project costs.
    (c) Conforming Amendment.--Section 134 of the Energy and Water 
Development Appropriations Act, 2006 (119 Stat. 2264) and section 5143 
of the Water Resources Development Act of 2007, (Public Law 110-114) 
are repealed.
    Sec. 118. The Secretary is authorized and directed to reimburse 
local governments for expenses they have incurred in storm-proofing 
pumping stations, constructing safe houses for operators, and other 
interim flood control measures in and around the New Orleans 
metropolitan area, provided the Secretary determines those elements of 
work and related expenses to be integral to the overall plan to ensure 
operability of the stations during hurricanes, storms and high water 
events and the flood control plan for the area.
    Sec. 119. Section 219(f) of the Water Resources Development Act of 
1992 (Public Law 102-580, 106 Stat. 4835 et seq.), as amended, is 
further amended by striking subsection ``(71) Coronado, California'', 
in its entirety and inserting the following:
        ``(71) Coronado, california.
            ``(A) $10,000,000 is authorized for wastewater 
        infrastructure, Coronado, California.
            ``(B) The Federal Share may be in the form of grants or 
        reimbursements of project costs incurred by the non-Federal 
        sponsor for work performed by the non-Federal sponsor before or 
        after the execution of a project cooperation agreement, if the 
        Secretary determines that such work is integral to the project.
            ``(C) The Secretary is authorized to credit towards the 
        non-Federal share of project costs the costs incurred by the 
        non-Federal sponsor for work performed by the non-Federal 
        sponsor before or after the execution of a project cooperation 
        agreement, if the Secretary determines that such work is 
        integral to the project.''
    Sec. 120. Navajo Reservation, Arizona, New Mexico, and Utah.--
Section 520(b) of the Water Resources Development Act of 1999 (Public 
Law 106-53; 113 Stat. 345) is amended by inserting after the second 
sentence ``The local match for the funds appropriated for flood plain 
delineation on the Navajo reservation in Arizona, New Mexico, and Utah 
may be provided as in-kind services.''.
    Sec. 121. The Secretary of the Army may, under such terms and 
conditions as the Secretary deems appropriate, contract with any public 
or private entity to provide visitor reservation services. Any such 
contract in effect on or after October 1, 2004, may provide that the 
contractor shall be permitted to deduct a commission to be fixed by the 
Secretary from the amount charged the public for providing such 
services and to remit the net proceeds therefrom to the contracting 
agency.
    Sec. 122. The project for flood control, Redwood River, Marshall, 
Minnesota, authorized by section 401(a) of the Water Resources 
Development Act of 1986 and modified by section 4(k) of the Water 
Resources Development Act of 1988 is further modified to authorize the 
Secretary to construct the project at a total cost of $11,863,000, with 
an estimated first Federal cost of $8,722,000 and an estimated first 
non-Federal cost of $3,141,000.
    Sec. 123. The project for St. John's Bayou and New Madrid Floodway 
in the State of Missouri as authorized by subsection (d) of the matter 
under the heading ``Lower Mississippi River'' under section 203 of the 
Flood Control Act of 1954 (68 Stat. 1258) and section 401(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4118), and as 
modified by section 331 of the Water Resources Development Act of 1996 
(110 Stat. 3658) as described in the June 2002 Revised Supplemental 
Impact Statement, as supplemented by the March 2006 Revised 
Supplemental Environmental Impact Statement 2 for this project is 
economically justified: Provided, That the levee closure and gravity 
structure at the south end of the New Madrid Floodway portion of the 
Project are part of the Mississippi River Levee feature of the 
Mississippi River and Tributaries Project and are not a separable 
element of that Project.
    Sec. 124. Funds provided in title V, chapter 3 of Public Law 110-28 
under the heading ``Construction'' may be used for restoration of shore 
protection projects in New Jersey damaged by the same meteorological 
events that resulted in Presidential Disaster Declaration FEMA-1694-DR.
    Sec. 125. The project for flood control, Cedar Hammock (Wares 
Creek), Florida, authorized by section 101(a)(10) of Public Law 104-303 
(110 Stat. 3664), is modified to authorize the Secretary to construct 
the project at a total cost of $42,600,000.
    Sec. 126. Section 156 of Public Law 108-137 is amended by inserting 
``or reimburse'' after ``non-Federal share of the cost of the project'' 
in paragraphs (2) and (3).
    Sec. 127. Notwithstanding any other provision of law, the 
requirements regarding the use of continuing contracts under the 
authority of section 206 of the Water Resources Development Act of 1999 
(33 U.S.C. 2331) shall apply only to projects funded under the 
Operation and Maintenance account and the Operation and Maintenance 
subaccount of the Mississippi River and Tributaries account.
    Sec. 128. Section 3020 of the Water Resources Development Act of 
2007, Public Law 110-114, is amended by inserting ``or after'' 
following the word ``before''.
    Sec. 129. Notwithstanding provisions of 42 U.S.C. 2011 et seq. and 
42 U.S.C. 7901 et seq. the U.S. Army Corps of Engineers shall have the 
authority to arrange disposal of waste materials from the Maywood, New 
Jersey, Formerly Utilized Sites Remedial Action Program (FUSRAP) site 
at off-site facilities permitted to accept such waste materials under 
subtitle C of the Resource Conservation and Recovery Act (42 U.S.C. 
6921 et seq.). FUSRAP waste materials from the Maywood site may be, but 
shall not be required to be, disposed at sites licensed under the 
Atomic Energy Act (42 U.S.C. 2011 et seq.).
    Sec. 130. American and Sacramento Rivers, California. Section 
101(a)(1)(B) of the Water Resources Development Act of 1996 (Public Law 
104-303: 110 Stat. 3662) is modified to read as follows:
            ``(B) Credit toward non-federal share.--The non-Federal 
        interest shall receive credit toward the non-Federal share of 
        project costs for expenses that the non-Federal interest incurs 
        for design or construction of any authorized project feature, 
        including credit for work commenced before the date of 
        execution of a cooperation agreement for the affected feature. 
        The amount of the credit shall be determined by the 
        Secretary.''.
    Sec. 131. White River Navigation to Batesville, Arkansas. The 
project for navigation, White River Navigation to Batesville, Arkansas, 
as authorized in Public Law 99-662 is amended to extend the project 
from mile 255, near Newport, Arkansas, to approximately mile 296, near 
Batesville, Arkansas; to include a harbor at Batesville, Arkansas; and 
environmental restoration within the White River Basin including 
federally owned lands.
    Sec. 132. Landfills Used for Certain Waste. (a) In General.--The 
funding prohibition set forth in section 103 of the Energy and Water 
Development Appropriations Act, 2006 shall not apply to the 
construction or expansion of any landfill in the Muskingum River 
watershed if--
        (1) the landfill is used solely for the disposal of--
            (A) wastes generated from the combustion or gasification of 
        coal,
            (B) wastes consisting of byproducts from pollution control 
        technology installed to comply with the Clean Air Act, or
            (C) both of such types of wastes.
        (2) the landfill is owned by the waste generator or any 
    affiliated person, and
        (3) the facility at which the wastes are generated is located 
    in the same watershed as the landfill.
    (b) Definitions.--For purposes of this section:
        (1) The term ``affiliated person'' means any person who, 
    directly or indirectly, owns or controls the waste generator, is 
    owned or controlled by the waste generator, or is under common 
    ownership or control with the waste generator.
        (2) The term ``Muskingum River watershed'' shall mean the area 
    within the watershed of the Muskingum River, as delineated by the 
    Secretary of the Army, acting through the Chief of Engineers.
    Sec. 133. Conveyance to Story County, Iowa. Not later than 180 days 
after the date of enactment of this Act, the Chief of the Army Corps of 
Engineers shall convey to Story County, Iowa, without consideration, 
all rights, title, and interest of the United States in and to a parcel 
of real property, including any improvements thereon, consisting of 
approximately 197 acres originally proposed for the Skunk River 
Reservoir, located between Ames, Iowa, and Story City, Iowa.
    Sec. 134. None of the funds provided herein may be used to 
implement any new water control manuals for the Apalachicola-
Chattahootchee-Flint and Alabama-Coosa-Tallapoosa river systems: 
Provided, That in updating the water control manuals the Secretary of 
the Army, acting through the Chief of Engineers is directed to provide 
the following information by September 30, 2008:
        (1) an estimate of the amount of withdrawals from each 
    respective river basin for entities withdrawing one million gallons 
    per day or more over the preceding 60 months;
        (2) a flow data set for the respective river basin updated 
    through the most recently completed calendar year; 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'' is modified by striking ``construction: 
Provided,'' and inserting in lieu thereof ``: Provided, That the 
Secretary of the Army, in implementing projects and measures in the New 
Orleans metropolitan area required to achieve certification for 
participation in the National Flood Insurance Program as directed in 
Public Law 109-234 shall include all authorized features of the 
Southeast Louisiana Flood Control project and related internal pumping 
requirements as integral elements of the comprehensive protection 
system for the area and shall complete all authorized work for the 
Southeast Louisiana project concurrently and integrally with other area 
projects: Provided further,''.
    Sec. 136. Utilizing funds appropriated under Alaska Coastal Erosion 
or other available funds, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to prepare a preliminary action plan 
for any community that requests assistance pursuant to section 117, as 
contained in title I, division C of Public Law 108-447: Provided, That 
the preliminary action plan pursuant to this authority shall be 
presented to the Assistant Secretary of the Army (Civil Works) and the 
Alaska Congressional Delegation not later than 90 days after the 
initial request from the community: Provided further, That the 
preliminary action plan will recommend the most appropriate course of 
action (relocation or erosion stabilization), including a preliminary 
cost estimate and, at a minimum, the first year funding requirements: 
Provided further, That if the Alaska District is unable to comply with 
this reporting requirement, the District shall provide written 
notification to the Assistant Secretary of the Army (Civil Works) and 
the Alaska Congressional Delegation within 30 days of the community 
assistance request explaining why they are unable to comply.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                 Central Utah Project Completion Account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $41,380,000, to remain available until expended, of 
which $976,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,620,000, 
to remain available until expended.
    For fiscal year 2008, the Commission may use an amount not to 
exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:


                       Water and Related Resources

                      (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $949,882,000, to remain available until expended, of which 
$60,258,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $26,787,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund; of which not 
more than $500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That funds available for expenditure for the Departmental 
Irrigation Drainage Program may be expended by the Bureau of 
Reclamation for site remediation on a non-reimbursable basis: Provided 
further, That funds provided for the Friant-Kern and Madera Canals 
improvements may be expended on a non-reimbursable basis: Provided 
further, That $2,952,000 of the funds appropriated under this heading 
shall be deposited in the San Gabriel Basin Restoration Fund 
established by section 110 of title I of appendix D of Public Law 106-
554.


                 Central Valley Project Restoration Fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $59,122,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575: Provided further, That none 
of the funds made available under this heading may be used for the 
acquisition or leasing of water for in-stream purposes if the water is 
already committed to in-stream purposes by a court adopted decree or 
order.


                     California Bay-Delta Restoration

                      (including transfer of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $40,098,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.


                        Policy and Administration

                      (including transfer of funds)

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $58,811,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses: Provided further, That, of the funds provided 
under this heading, $10,000,000 shall be transferred to ``Water and 
Related Resources'' upon the expiration of the 60-day period following 
the date of enactment of this Act if, during such period, the Secretary 
of the Interior has not submitted to the Committees on Appropriations 
of the House of Representatives and the Senate the Bureau of 
Reclamation's five-year budget plan.


                         ADMINISTRATIVE PROVISION

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 14 passenger motor vehicles, which are for 
replacement only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
     Sec. 202. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
     Sec. 203. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation.
     Sec. 204. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, is authorized to enter into 
grants, cooperative agreements, and other agreements with irrigation or 
water districts and States to fund up to 50 percent of the cost of 
planning, designing, and constructing improvements that will conserve 
water, increase water use efficiency, or enhance water management 
through measurement or automation, at existing water supply projects 
within the States identified in the Act of June 17, 1902, as amended, 
and supplemented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in advance on a 
non-reimbursable basis to an entity operating affected transferred 
works or may be deemed non-reimbursable for non-transferred works: 
Provided further, That the calculation of the non-Federal contribution 
shall provide for consideration of the value of any in-kind 
contributions, but shall not include funds received from other Federal 
agencies: Provided further, That the cost of operating and maintaining 
such improvements shall be the responsibility of the non-Federal 
entity: Provided further, That this section shall not supercede any 
existing project-specific funding authority: Provided further, That the 
Secretary is also authorized to enter into grants or cooperative 
agreements with universities or non-profit research institutions to 
fund water use efficiency research.
    Sec. 205. (a) Section 209 of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is 
repealed.
    (b) The Secretary of the Interior (referred to in this section as 
the ``Secretary'') shall establish an Executive Committee of the Middle 
Rio Grande Endangered Species Collaborative Program (referred to in 
this section as the ``Executive Committee'') consistent with the bylaws 
of the Middle Rio Grande Endangered Species Collaborative Program 
adopted on October 2, 2006.
    (c) In compliance with applicable Federal and State laws, the 
Secretary (acting through the Commissioner of Reclamation), in 
collaboration with the Executive Committee, may enter into any grants, 
contracts, cooperative agreements, interagency agreements, or other 
agreements that the Secretary determines to be necessary to comply with 
the 2003 Biological Opinion described in section 205(b) of the Energy 
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2949) as amended by section 121(b) of the Energy and Water 
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
2256) or in furtherance of the objectives set forth in the 
collaborative program long-term plan.
    (d)(1) The acquisition of water under subsection (c) and any 
administrative costs associated with carrying out subsection (c) shall 
be at full Federal expense.
    (2) Not more than 15 percent of amounts appropriated to carry out 
subsection (c) shall be made available for the payment of 
administrative expenses associated with carrying out that subsection.
    (e)(1) The non-Federal share of activities carried out under 
subsection (c) (other than an activity or a cost described in 
subsection (d)(1)) shall be 25 percent. The non-Federal cost share 
shall be determined on a programmatic, rather than a project-by-project 
basis.
    (2) The non-Federal share required under paragraph (1) may be in 
the form of in-kind contributions, the value of which shall be 
determined by the Secretary in consultation with the executive 
committee.
    (f) Nothing in this section modifies or expands the discretion of 
the Secretary with respect to operating reservoir facilities under the 
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
    Sec. 206. In furtherance of section 529 of Public Law 106-541, the 
Secretary of the Interior shall continue to participate in 
implementation of the Project at Las Vegas Wash and Lake Mead in 
accordance with the Plan, and may provide grants to the Southern Nevada 
Water Authority to carry out the implementation of the Project at Las 
Vegas Wash and Lake Mead in accordance with the Plan: Provided, That 
issuance of any such grants shall not modify the cost sharing 
requirements provided in section 529(b) of Public Law 106-541.
    Sec. 207. In carrying out section 2507 of Public Law 107-171, the 
Secretary of the Interior, acting through the Commissioner of 
Reclamation, shall use $2,000,000 to provide grants, to be divided 
equally, to the State of Nevada and the State of California to 
implement the Truckee River Settlement Act, Public Law 101-618.
    Sec. 208. (a) Notwithstanding any other provision of law, of 
amounts made available under section 2507 of the Farm Security and 
Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171), 
the Secretary of the Interior--
        (1) acting through the Commissioner of Reclamation, shall use--
            (A) subject to subsection (b), $3,000,000 for activities 
        necessary to convey to the State of Nevada the land known as 
        the ``Carson Lake and Pasture'', as authorized by section 
        206(e) of the Truckee-Carson-Pyramid Lake Water Rights 
        Settlement Act (Public Law 101-618: 104 Stat. 3311);
            (B) $10,000,000 for the removal of the Numana Dam and other 
        obsolete irrigation structures located on the Pyramid Lake 
        Paiute Reservation for the benefit of the Pyramid Lake Paiute 
        Tribe because of their status as Indians;
            (C) in consultation with the Corps of Engineers, as 
        applicable, $5,000,000 to study and prepare plans for the 
        development and construction of a pipeline to convey water from 
        Dixie Valley to Churchill County, Nevada;
            (D) $10,000,000 for--
                (i) design and construction of the Derby Dam fish 
            screen to allow passage of fish, including the cui-ui and 
            Lahontan cutthroat trout; and
                (ii) any improvements to Derby Dam necessary to make 
            the fish screen operable;
            (E) $6,000,000 for the acquisition of not more than 4 small 
        hydroelectric power plants from the Sierra Pacific Power 
        Company to improve water allocation and fish passage in the 
        Truckee River; and
            (F) $6,000,000 for Lower Truckee River restoration projects 
        identified by the cities of Reno and Sparks, Nevada, and Washoe 
        County, Nevada;
        (2) shall allocate $9,000,000 to a nonprofit conservation 
    organization, acting in consultation with the Truckee Meadows Water 
    Authority, for--
            (A) the acquisition of land surrounding Independence Lake; 
        and
            (B) protection of the native fishery and water quality of 
        Independence Lake;
        (3) shall allocate $1,000,000 to the Summit Lake Paiute Tribe 
    to plan and complete restoration efforts at the Summit Lake in 
    Northern Washoe County, Nevada, for the benefit of the Tribe 
    because of their status as Indians;
        (4) shall allocate $3,000,000 to the Newlands Project Water 
    Rights Fund for a Federal-State-Pyramid Lake Paiute Tribe program, 
    to be administered by an entity identified by the 3 applicable 
    parties, for the retirement of water rights pursuant to the 
    Truckee-Carson-Pyramid Lake Water Rights Settlement Act (Public Law 
    101-618: 104 Stat. 3311);
        (5) shall allocate $2,500,000 to the United States Fish and 
    Wildlife Service to analyze, in cooperation and consultation with 
    external experts, the impacts of low water flows on reproduction at 
    the Walker Lake fishery, including an analysis of methods to 
    prevent permanent effects on the fishery from low water flows;
        (6) shall allocate $4,000,000 to the State of Nevada to prepare 
    watershed inventories, with a particular focus on the Walker and 
    Carson River Basins;
        (7) shall allocate $5,000,000 for joint planning and 
    development activities for water, wastewater, and sewer facilities 
    by the city of Fernley, Nevada, and the Pyramid Lake Paiute Tribe;
        (8) shall allocate $500,000 for the Walker River Paiute Tribe 
    for legal and professional services in support of settling tribal 
    water claims in the Walker River Basin and to Walker Lake;
        (9) shall allocate $1,000,000 to the Walker River Irrigation 
    District--
            (A) to plan and implement a weed control program to improve 
        conveyance efficiency of water controlled by the Irrigation 
        District; and
            (B) to make improvements to water gauges controlled by the 
        Irrigation District to enhance the water monitoring activities 
        of the Irrigation District; and
        (10) shall allocate $250,000 to Churchill County, Nevada, to 
    provide testing of groundwater wells.
    (b)(1) The Secretary shall achieve compliance with all applicable 
Federal laws (including regulations) relating to the conveyance of the 
Carson Lake and Pasture to the State of Nevada as described in 
subsection (a)(1)(A) by not later than June 30, 2010.
    (2) Any amounts made available to carry out the conveyance 
described in subsection (a)(1)(A) but not expended for that purpose 
shall be made available to the State of Nevada to supplement funds 
provided under section 217(a)(1) of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1852), to 
purchase water rights from willing sellers and to make necessary 
improvements to benefit the Carson Lake and Pasture.
    Sec. 209. Section 10(a) of the Mni Wiconi Project Act of 1988 
(Public Law 100-516; 102 Stat. 2571; 116 Stat. 3033) is amended in the 
second sentence by striking ``2008'' and inserting ``2013''.
    Sec. 210. Inland Empire and Cucamonga Valley Recycling Projects. 
The Reclamation Wastewater and Groundwater Study and Facilities Act 
(Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by 
adding at the end the following:

``SEC. 16__. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Inland 
Empire Utilities Agency, may participate in the design, planning, and 
construction of the Inland Empire regional water recycling project 
described in the report submitted under section 1606(c).
    ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be 
used for operation and maintenance of the project described in 
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $20,000,000.

``SEC. 16__. CUCAMONGA VALLEY WATER RECYCLING PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Cucamonga 
Valley Water District, may participate in the design, planning, and 
construction of the Cucamonga Valley Water District satellite recycling 
plants in Rancho Cucamonga, California, to reclaim and recycle 
approximately 2 million gallons per day of domestic wastewater.
    ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the capital 
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be 
used for operation and maintenance of the project described in 
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000.
    ``(e) Sunset of Authority.--The authority of the Secretary to carry 
out any provisions of this section shall terminate 10 years after the 
date of the enactment of this section.''.
    (c) Conforming Amendments.--The table of sections in section 2 of 
Public Law 102-575 is amended by inserting after the last item the 
following:

``16__. Inland Empire Regional Water Recycling Program.
``16__. Cucamonga Valley Water Recycling Project.''.

    Sec. 211. Prior to the unilateral termination or removal of cabin 
or trailer sites on Bureau of Reclamation lands in North Dakota for the 
purpose of changing land use, the Secretary of the Interior is directed 
to submit a report describing the action to the Committee on Energy and 
Natural Resources, United States Senate and the Committee on Natural 
Resources, United States House of Representatives and the House and 
Senate Committees on Appropriations: Provided, That the Secretary shall 
not move forward with the proposed action until 60 days after the 
report is submitted to the Committee Chairmen.
    Sec. 212. Section 3507(b) of Public Law 102-575 (106 Stat. 4600) is 
amended by striking ``$4,660,000'' and inserting ``$12,660,000''.
    Sec. 213. Authority to Extend Water Contract. The Secretary of the 
Interior may extend the water contract 14-06-600-3593, as amended, 
between the United States and the East Bench Irrigation District for 
water services, until the earlier of--
        (1) the expiration of the 2-year period beginning on the date 
    on which the contract would expire but for this section; or
        (2) the date on which a new long-term water contract is 
    executed by the parties to the contract listed in subsection (b).
    Sec. 214. Southern California Desert Region Integrated Water and 
Economic Sustainability Plan. (a) In General.--The Reclamation 
Wastewater and Groundwater Study and Facilities Act (Public Law 102-
575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end 
the following new section:

``SEC. 16__. SOUTHERN CALIFORNIA DESERT REGION INTEGRATED WATER AND 
              ECONOMIC SUSTAINABILITY PLAN.

    ``(a) Authorization.--The Secretary, in cooperation with the Mojave 
Water Agency is authorized to participate in the design, planning, and 
construction of projects to implement the `Mojave Water Agency's 
Integrated Regional Water Management Plan'.
    ``(b) Cost Share.--The Federal share of the costs of the projects 
authorized by this section shall not exceed 25 percent of the total 
cost.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $20,000,000.''.
    (b) Conforming Amendment.--The table of sections in section 2 of 
Public Law 102-575 is amended by inserting after the last item relating 
to title XVI the following:

``16__. Southern California desert region integrated water and economic 
          sustainability plan.''.

    (c) Limitation.--The Secretary shall not provide funds for the 
operation or maintenance of a project authorized by this section.
    (d) Credits Toward Non-Federal Share.--For purposes of 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.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $140,000,000, to 
remain available until expended.


                              Nuclear Energy

                      (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed 20 
passenger motor vehicles for replacement only, including one ambulance, 
$970,525,000, to remain available until expended: Provided, That 
$233,849,000 is authorized to be appropriated for Project 99-D-143 
Mixed Oxide (MOX) Fuel Fabrication Facility, Savannah River Site, South 
Carolina: Provided further, That the Department of Energy adhere 
strictly to Department of Energy Order 413.3A for Project 99-D-143.

                           Legacy Management

    For Department of Energy expenses for Legacy Management activities, 
$34,183,000, to remain available until expended.

                         Clean Coal Technology


                (including deferral and transfer of funds)

    Of the funds made available under this heading for obligation in 
prior years, $149,000,000 shall not be available until October 1, 2008: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected: 
Provided further, That $166,000,000 of uncommitted balances are 
transferred to Fossil Energy Research and Development to be used until 
expended.

                 Fossil Energy Research and Development


                      (including transfer of funds)

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for the hire of passenger motor vehicles, the hire, 
maintenance, and operation of aircraft, the purchase, repair, and 
cleaning of uniforms, the reimbursement to the General Services 
Administration for security guard services, and for conducting 
inquiries, technological investigations and research concerning the 
extraction, processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $750,000,000, to remain available until expended, of which 
$166,000,000 shall be derived by transfer from ``Clean Coal 
Technology'': Provided further, That funds appropriated for prior 
solicitations under the Clean Coal Technology Program, Power Plant 
Improvement Initiative, and Clean Coal Power Initiative, but not 
required by the Department to meet its obligations on projects selected 
under such solicitations, may be utilized for the Clean Coal Power 
Initiative Round III solicitation under this Act in accordance with the 
requirements of this Act rather than the Acts under which the funds 
were appropriated: Provided further, That no project may be selected 
for which full funding is not available to provide for the total 
project: Provided further, That financial assistance for costs in 
excess of those estimated as of the date of award of original Clean 
Coal Power Initiative financial assistance may not be provided in 
excess of the proportion of costs borne by the Government in the 
original agreement and shall be limited to 25 percent of the original 
financial assistance: Provided further, That at least 50 percent cost-
sharing shall be required in each budget period of a project: Provided 
further, That in accordance with section 988(e) of Public Law 109-58, 
repayment of the DOE contribution to a project shall not be a condition 
of making an award under this solicitation: Provided further, That no 
part of the sum herein made available shall be used for the field 
testing of nuclear explosives in the recovery of oil and gas: Provided 
further, That in this Act and future Acts, up to 4 percent of program 
direction funds available to the National Energy Technology Laboratory 
may be used to support Department of Energy activities not included in 
this Fossil Energy account: Provided further, That in this Act and 
future Acts, the salaries for Federal employees performing research and 
development activities at the National Energy Technology Laboratory can 
continue to be funded from any appropriate DOE program accounts: 
Provided further, That revenues and other moneys received by or for the 
account of the Department of Energy or otherwise generated by sale of 
products in connection with projects of the Department appropriated 
under the Fossil Energy Research and Development account may be 
retained by the Secretary of Energy, to be available until expended, 
and used only for plant construction, operation, costs, and payments to 
cost-sharing entities as provided in appropriate cost-sharing contracts 
or agreements.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$20,472,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum and oil 
shale reserve activities.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), including the hire of passenger motor vehicles, 
the hire, maintenance, and operation of aircraft, the purchase, repair, 
and cleaning of uniforms, and the reimbursement to the General Services 
Administration for security guard services, $188,472,000, to remain 
available until expended, of which $25,000,000 shall be provided to 
carry out new site land acquisition activities consistent with the 
budget request.

                   Northeast Home Heating Oil Reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $12,448,000, to remain available until 
expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $96,337,000, to remain available until 
expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed three 
passenger motor vehicles for replacement only, $183,937,000, to remain 
available until expended: Provided, That $13,000,000 is appropriated 
for environmental remediation activities associated with the Energy 
Technology and Engineering Center (ETEC) at the Santa Susana Field 
Laboratory (SSFL), subject to the following: (1) the Department shall 
use a portion of this funding to enter into an interagency agreement 
with the Environmental Protection Agency to conduct a joint 
comprehensive radioactive site characterization of Area IV of the SSFL; 
(2) the Department shall ensure that all aspects of the cleanup of 
radioactive contamination at Area IV of the SSFL comply fully with the 
Comprehensive Environmental Response, Compensation and Liability Act, 
if applicable; and (3) the Department shall retain Federal control of 
ETEC and it shall not be released for other use until such time as the 
Department has complied with actions directed in 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, as amended, 
and title X, subtitle A, of the Energy Policy Act of 1992, 
$627,876,000, to be derived from the Fund, to remain available until 
expended, of which $20,000,000 shall be available in accordance with 
title X, subtitle A, of the Energy Policy Act of 1992.

                                Science


                     (including rescission of funds)

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 30 passenger motor vehicles 
for replacement only, $4,055,483,000, to remain available until 
expended: Provided, That of the funds made available in section 130 of 
division H (Miscellaneous Appropriations and Offsets) of the 
Consolidated Appropriations Act, 2004, Public Law 108-199, as amended 
by section 315 of Public Law 109-103, for the Coralville, Iowa, 
project, $44,569,000 is rescinded.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended 
(the ``Act''), including the acquisition of real property or facility 
construction or expansion, $189,000,000, to remain available until 
expended, and to be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste Disposal, 
$5,000,000 shall be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate in 
licensing activities pursuant to the Act: Provided further, That 
notwithstanding the lack of a written agreement with the State of 
Nevada under section 117(c) of the Nuclear Waste Policy Act of 1982, 
Public Law 97-425, as amended, not less than $1,000,000 shall be 
provided to Nye County, Nevada, for on-site oversight activities under 
section 117(d) of that Act: Provided further, That $9,000,000 shall be 
provided to affected units of local government, as defined in the Act, 
to conduct appropriate activities and participate in licensing 
activities: Provided further, That of the $9,000,000 provided, 7.5 
percent of the funds provided shall be made available to affected units 
of local government in California with the balance made available to 
affected units of local government in Nevada for distribution as 
determined by the Nevada units of local government. This funding shall 
be provided to affected units of local government, as defined in the 
Act, to conduct appropriate activities and participate in licensing 
activities. The Committee requires the entities to certify that within 
90 days of the completion of each Federal fiscal year, the Nevada 
Division of Emergency Management and the Governor of the State of 
Nevada and each of the affected units of local government shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for the activities authorized by the 
Act and this Act: Provided, That notwithstanding the provisions of 
chapters 65 and 75 of title 31, United States Code, the Department 
shall have no monitoring, auditing or other oversight rights or 
responsibilities over amounts provided to affected units of local 
government in this or any previous year: Provided further, That the 
funds for the State of Nevada shall be made available solely to the 
Nevada Division of Emergency Management by direct payment and to units 
of local government by direct payment: Provided further, That within 90 
days of the completion of each Federal fiscal year, the Nevada Division 
of Emergency Management and the Governor of the State of Nevada and 
each of the affected units of local government shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for activities authorized by the Act 
and this Act: Provided further, That failure to provide such 
certification shall cause such entity to be prohibited from any further 
funding provided for similar activities: Provided further, That none of 
the funds herein appropriated may be: (1) used directly or indirectly 
to influence legislative action, except for normal and recognized 
executive-legislative communications, on any matter pending before 
Congress or a State legislature or for lobbying activity as provided in 
18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to 
support multi-State efforts or other coalition building activities 
inconsistent with the restrictions contained in this Act: Provided 
further, That all proceeds and recoveries realized by the Secretary in 
carrying out activities authorized by the Act, including but not 
limited to, any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available until 
expended: Provided further, That no funds provided in this Act or any 
previous Act may be used to pursue repayment or collection of funds 
provided in any fiscal year to affected units of local government for 
oversight activities that had been previously approved by the 
Department of Energy, or to withhold payment of any such funds.


        Title 17 Innovative Technology Loan Guarantee Loan Program

    For the cost of the guaranteed loans as authorized by section 
1702(b)(2) of the Energy Policy Act of 2005, such sums as are hereafter 
derived from amounts received from borrowers pursuant to section 
1702(b)(2) of that Act, to remain available until September 30, 2009: 
Provided, That the source of such payment received from borrowers is 
not a loan or other debt obligation that is guaranteed by the Federal 
Government: Provided further, That none of the funds made available in 
this or prior Acts shall be available for the execution of a new 
solicitation with respect to such guaranteed loans until 45 days after 
the Department of Energy has submitted to the Committees on 
Appropriations a loan guarantee implementation plan that defines the 
proposed award levels and eligible technologies: Provided further, That 
the Department shall not deviate from such plan without 45 days prior 
notice to the Committees: Provided further, That for necessary 
administrative expenses to carry out this Loan Guarantee program, 
$5,500,000 is appropriated, to remain available until expended: 
Provided further, That fees collected pursuant to section 1702(h) of 
the Energy Policy Act of 2005 shall be credited as offsetting 
collections to this account, so as to result in a final fiscal year 
2008 appropriation from the general fund estimated at not more than $0.

                      Departmental Administration


                      (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $30,000, $311,596,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$161,818,000 in fiscal year 2008 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during 2008, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2008 appropriation from the general fund 
estimated at not more than $149,778,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $46,480,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities


                      (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; $6,355,633,000, to 
remain available until expended: Provided, That $38,957,000 is 
authorized to be appropriated for Project 06-D-140-05 (PED) Uranium 
Processing Facility, Y-12 Plant, Oak Ridge, Tennessee: Provided 
further, That $69,330,000 is authorized to be appropriated for Project 
99-D-141 Pit Disassembly and Conversion Facility (PDCF), Savannah River 
Site, South Carolina: Provided further, That $74,809,000 is authorized 
to be appropriated for 04-D-125 Chemistry and Metallurgy facility 
replacement project, Los Alamos, New Mexico: Provided further, That 
$10,000,000 is authorized to be appropriated for Ion Beam Laboratory 
refurbishment, Sandia National Laboratory, Albuquerque, New Mexico: 
Provided further, That $14,846,000 is authorized to be appropriated for 
Material Security and Consolidation project, Idaho National Laboratory, 
Idaho.

                    Defense Nuclear Nonproliferation


                     (INCLUDING RESCISSIONS OF FUNDS)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense 
nuclear nonproliferation activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,673,275,000, to remain available until expended: 
Provided, That $50,000,000 of such funds shall be available until 
expended for the contribution of the United States to create a low-
enriched uranium stockpile for an International Nuclear Fuel Bank 
supply of nuclear fuel for peaceful means under the International 
Atomic Energy Agency: Provided further, That $25,000,000 is authorized 
to be appropriated for Project 06-D-180 National Security Laboratory at 
the Pacific Northwest National Laboratory, Richland, Washington: 
Provided further, That of the funds made available under this heading 
in appropriation Acts for fiscal year 2007 and prior fiscal years for 
Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication Facility, Savannah 
River Site, South Carolina, $115,000,000 are rescinded: Provided 
further, That of the funds made available under this heading in 
appropriation Acts for fiscal year 2007 and prior fiscal years for 
Russian Surplus Fissile Materials Disposition, $57,000,000 are 
rescinded: Provided further, That of the funds made available in the 
first paragraph under the heading ``Atomic Energy Defense Activities--
Other Defense Activities'' in chapter 2 of title I of division B of 
Public Law 105-277 and subsequently transferred by the Department of 
Energy to the Defense Nuclear Nonproliferation program, $150,000,000 
are rescinded.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $781,800,000, to 
remain available until expended.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $405,987,000, to 
remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup


                      (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed three passenger motor vehicles for replacement only, 
$5,398,573,000, to remain available until expended, of which 
$463,000,000 shall be transferred to and deposited in the ``Uranium 
Enrichment Decontamination and Decommissioning Fund''.

                        Other Defense Activities


                      (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed twelve passenger motor 
vehicles for replacement only, $761,290,000, to remain available until 
expended: Provided, That of the funds provided under this heading in 
Public Law 109-103, $4,900,000 are transferred to ``Weapons 
Activities'' for special nuclear material consolidation activities 
associated with safeguards and security.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $201,000,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the Lower 
Granite Dam fish trap, the Kootenai River White Sturgeon Hatchery, the 
Nez Perce Tribal Hatchery, Redfish Lake Sockeye Captive Brood 
expansion, hatchery production facilities to supplement Chinook salmon 
below Chief Joseph Dam in Washington, Hood River Production Facility, 
Klickitat production expansion, Mid-Columbia Coho restoration, and 
Yakama Coho restoration, and in addition, for official reception and 
representation expenses in an amount not to exceed $1,500. During 
fiscal year 2008, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $6,463,000, to remain available until 
expended: Provided, That, notwithstanding the provisions of 31 U.S.C. 
3302, beginning in fiscal year 2008 and thereafter, such funds as are 
received by the Southeastern Power Administration from any State, 
municipality, corporation, association, firm, district, or individual 
as advance payment for work that is associated with Southeastern's 
Operations and Maintenance, consistent with that authorized in section 
5 of the Flood Control Act of 1944, shall be credited to this account 
and be available until expended: Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $48,413,000 collected by the 
Southeastern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $30,442,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $35,000,000 
collected by the Southwestern Power Administration pursuant to the 
Flood Control Act 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 Account pursuant to title IV of the 
Reclamation Projects Authorization and Adjustment Act of 1992: Provided 
further, That notwithstanding the provision of 31 U.S.C. 3302, up to 
$308,702,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,500,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                          salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses not to exceed $3,000, 
$260,425,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $260,425,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2008 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2008 so as to result in a final fiscal year 2008 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

    Sec. 301. Contract Competition. (a) None of the funds in this or 
any other appropriations Act for fiscal year 2008 or any previous 
fiscal year may be used to make payments for a noncompetitive 
management and operating contract, or a contract for environmental 
remediation or waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating contract site 
or facility, or award a significant extension or expansion to an 
existing management and operating contract, or other contract covered 
by this section, unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver.
    (b) The term ``competitive procedures'' has the meaning provided in 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403) and includes procedures described in section 303 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253) other 
than a procedure that solicits a proposal from only one source.
    (c) Within 30 days of formally notifying an incumbent contractor 
that the Secretary intends to grant such a waiver, the Secretary shall 
submit to the Subcommittees on Energy and Water Development of the 
Committees on Appropriations of the House of Representatives and the 
Senate a report notifying the Subcommittees of the waiver and setting 
forth, in specificity, the substantive reasons why the Secretary 
believes the requirement for competition should be waived for this 
particular award.
    Sec. 302. Unfunded Requests for Proposals. None of the funds 
appropriated by this Act may be used to prepare or initiate Requests 
For Proposals (RFPs) for a program if the program has not been funded 
by Congress.
    Sec. 303. Workforce Restructuring. None of the funds appropriated 
by this Act may be used to--
        (1) develop or implement a workforce restructuring plan that 
    covers employees of the Department of Energy; or
        (2) provide enhanced severance payments or other benefits for 
    employees of the Department of Energy, under section 3161 of the 
    National Defense Authorization Act for Fiscal Year 1993 (Public Law 
    102-484; 42 U.S.C. 7274h).
    Sec. 304. Section 3161 Assistance. None of the funds appropriated 
by this Act may be used to augment the funds made available for 
obligation by this Act for severance payments and other benefits and 
community assistance grants under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 
7274h) unless the Department of Energy submits a reprogramming request 
to the appropriate congressional committees.
    Sec. 305. Unexpended Balances. The unexpended balances of prior 
appropriations provided for activities in this Act may be available to 
the same appropriation accounts for such activities established 
pursuant to this title. Available balances may be merged with funds in 
the applicable established accounts and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 306. Bonneville Power Authority Service Territory. None of the 
funds in this or any other Act for the Administrator of the Bonneville 
Power Administration may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bonneville 
service territory, with the exception of services provided 
internationally, including services provided on a reimbursable basis, 
unless the Administrator certifies in advance that such services are 
not available from private sector businesses.
    Sec. 307. User Facilities. When the Department of Energy makes a 
user facility available to universities or other potential users, or 
seeks input from universities or other potential users regarding 
significant characteristics or equipment in a user facility or a 
proposed user facility, the Department shall ensure broad public notice 
of such availability or such need for input to universities and other 
potential users. When the Department of Energy considers the 
participation of a university or other potential user as a formal 
partner in the establishment or operation of a user facility, the 
Department shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user facility'' 
includes, but is not limited to: (1) a user facility as described in 
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Administration Defense 
Programs Technology Deployment Center/User Facility; and (3) any other 
Departmental facility designated by the Department as a user facility.
    Sec. 308. Intelligence Activities. Funds appropriated by this or 
any other Act, or made available by the transfer of funds in this Act, 
for intelligence activities are deemed to be specifically authorized by 
the Congress for purposes of section 504 of the National Security Act 
of 1947 (50 U.S.C. 414) during fiscal year 2008 until the enactment of 
the Intelligence Authorization Act for fiscal year 2008.
    Sec. 309. Laboratory Directed Research and Development. Of the 
funds made available by the Department of Energy for activities at 
government-owned, contractor-operator operated laboratories funded in 
this Act or subsequent Energy and Water Development Appropriations 
Acts, the Secretary may authorize a specific amount, not to exceed 8 
percent of such funds, to be used by such laboratories for laboratory-
directed research and development: Provided, That the Secretary may 
also authorize a specific amount not to exceed 4 percent of such funds, 
to be used by the plant manager of a covered nuclear weapons production 
plant or the manager of the Nevada Site Office for plant or site-
directed research and development: Provided further, That 
notwithstanding Department of Energy order 413.2A, dated January 8, 
2001, beginning in fiscal year 2006 and thereafter, all DOE 
laboratories may be eligible for laboratory directed research and 
development funding.
    Sec. 310. Yield Rate. For fiscal year 2008, except as otherwise 
provided by law in effect as of the date of this Act or unless a rate 
is specifically set by an Act of Congress thereafter, the 
Administrators of the Southeastern Power Administration, the 
Southwestern Power Administration, and the Western Area Power 
Administration, shall use the ``yield'' rate in computing interest 
during construction and interest on the unpaid balance of the costs of 
Federal power facilities. The yield rate shall be defined as the 
average yield during the preceding fiscal year on interest-bearing 
marketable securities of the United States which, at the time the 
computation is made, have terms of 15 years or more remaining to 
maturity.
    Sec. 311. Use Permit. The Use Permit granted to the contractor for 
activities conducted at the Pacific Northwest National Laboratory by 
Agreement DE-GM05-00RL01831 between the Department of Energy and the 
contractor shall continue in effect during the term of the existing 
Operating Contract and the extensions or renewals thereof and shall be 
incorporated into any future management and operating contract for the 
Pacific Northwest National Laboratory and such Use Permit may not be 
waived, modified or terminated unless agreed to by both contractor and 
the Department of Energy.
    Sec. 312. (a) Across-the-Board Rescissions.--There is hereby 
rescinded--
        (1) from discretionary accounts in this title that contain 
    congressionally directed projects, an amount equal to 1.6 percent 
    of the budget authority provided for fiscal year 2008 for such 
    projects; and
        (2) from all discretionary accounts in this title, an amount 
    equal to 0.91 percent of the other budget authority provided for 
    fiscal year 2008.
    (b) Definitions.--For purposes of this section:
        (1) The term ``congressionally directed project'' means a 
    congressional earmark or congressionally directed spending item 
    specified in the list of such earmarks and items for this division 
    that is included in the explanatory statement described in section 
    4 (in the matter preceding division A of this consolidated Act).
        (2) The term ``other budget authority'' means an amount equal 
    to all discretionary budget authority, less the amount provided for 
    congressionally directed projects.
    (c) Proportionate Application to Other Programs, Projects, and 
Activities.--Any rescission made by subsection (a)(2) shall be applied 
proportionately--
        (1) to each discretionary account; and
        (2) within each such account, to each program, project, and 
    activity (with programs, projects, and activities as delineated in 
    the appropriation Act or accompanying reports for the relevant 
    fiscal year covering such account).
    (d) Report.--Within 30 days after the date of the enactment of this 
section, the 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.

                        Delta Regional Authority


                          Salaries and Expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 
382M, and 382N of said Act, $11,685,000, to remain available until 
expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $21,800,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.

                     Nuclear Regulatory Commission


                          salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, including official representation expenses (not to exceed 
$25,000), $917,334,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $29,025,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $771,220,000 in fiscal year 2008 shall be retained and 
used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2008 so 
as to result in a final fiscal year 2008 appropriation estimated at not 
more than $146,114,000: Provided further, That such funds as are made 
available for necessary expenses of the Commission by this Act or any 
other Act may be used for lease payments for additional office space 
provided by the General Services Administration for personnel of the 
U.S. Nuclear Regulatory Commission as close as reasonably possible to 
the Commission's headquarters location in Rockville, Maryland, and of 
such square footage and for such lease term, as are determined by the 
Commission to be necessary to maintain the agency's regulatory 
effectiveness, efficiency, and emergency response capability: Provided 
further, That notwithstanding any other provision of law or any 
prevailing practice, the rental square foot rate paid for the lease of 
space for such purpose shall, to the extent necessary to obtain the 
space, be based on the prevailing lease rates in the immediate vicinity 
of the Commission's headquarters.


                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $8,744,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $7,870,000 in fiscal year 2008 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2008 so as to result in 
a final fiscal year 2008 appropriation estimated at not more than 
$874,000.

                  Nuclear Waste Technical Review Board


                          Salaries and Expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,621,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $2,261,000.

                General Provision, Independent Agencies

    Sec. 401. Section 2(f)(2) of the Tennessee Valley Authority Act of 
1933 (16 U.S.C. 831a(f)(2)) is amended by striking the phrase ``stipend 
under paragraph (1)(A)(i)'' and inserting in lieu thereof ``stipends 
under paragraph (1)(A)''.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.
    This division may be cited as the ``Energy and Water Development 
and Related Agencies Appropriations Act, 2008''.

 DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2008

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, 
and purchase of commercial insurance policies for, real properties 
leased or owned overseas, when necessary for the performance of 
official business, $248,360,000, of which not to exceed $10,840,000 is 
for executive direction program activities; not to exceed $9,909,000 is 
for general counsel program activities; not to exceed $44,242,000 is 
for economic policies and programs activities; not to exceed 
$29,464,000 is for financial policies and programs activities; not to 
exceed $56,775,000 is for terrorism and financial intelligence 
activities; not to exceed $18,505,000 is for Treasury-wide management 
policies and programs activities; and not to exceed $78,625,000 is for 
administration programs activities: Provided, That the Secretary of the 
Treasury is authorized to transfer funds appropriated for any program 
activity of the Departmental Offices to any other program activity of 
the Departmental Offices upon notification to the House and Senate 
Committees on Appropriations: Provided further, That no appropriation 
for any program activity shall be increased or decreased by more than 2 
percent by all such transfers: Provided further, That any change in 
funding greater than 2 percent shall be submitted for approval to the 
House and Senate Committees on Appropriations: Provided further, That 
of the amount appropriated under this heading, not to exceed 
$3,000,000, to remain available until September 30, 2009, is for 
information technology modernization requirements; not to exceed 
$150,000 is for official reception and representation expenses; and not 
to exceed $258,000 is for unforeseen emergencies of a confidential 
nature, to be allocated and expended under the direction of the 
Secretary of the Treasury and to be accounted for solely on his 
certificate: Provided further, That of the amount appropriated under 
this heading, $5,114,000, to remain available until September 30, 2009, 
is for the Treasury-wide Financial Statement Audit and Internal Control 
Program, of which such amounts as may be necessary may be transferred 
to accounts of the Department's offices and bureaus to conduct audits: 
Provided further, That this transfer authority shall be in addition to 
any other provided in this Act: Provided further, That of the amount 
appropriated under this heading, $3,000,000, to remain available until 
September 30, 2009, is for secure space requirements: Provided further, 
That of the amount appropriated under this heading, $2,300,000, to 
remain available until September 30, 2009, is for salary and benefits 
for hiring of personnel whose work will require completion of a 
security clearance investigation in order to perform highly classified 
work to further the activities of the Office of Terrorism and Financial 
Intelligence: Provided further, That of the amount appropriated under 
this heading, $2,100,000, to remain available until September 30, 2010, 
is to develop and implement programs within the Office of Critical 
Infrastructure Protection and Compliance Policy, including entering 
into cooperative agreements.


         Department-Wide Systems and Capital Investments Programs

                      (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$18,710,000, to remain available until September 30, 2010: Provided, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act: Provided further, That none of the funds appropriated 
under this heading shall be used to support or supplement ``Internal 
Revenue Service, Operations Support'' or ``Internal Revenue Service, 
Business Systems Modernization''.


                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, not 
to exceed $2,000,000 for official travel expenses, including hire of 
passenger motor vehicles; and not to exceed $100,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended 
under the direction of the Inspector General of the Treasury, 
$18,450,000, of which not to exceed $2,500 shall be available for 
official reception and representation expenses.


            Treasury Inspector General for Tax Administration

                          salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, 
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
services authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Inspector General for Tax Administration; 
$140,533,000, of which not to exceed $6,000,000 shall be available for 
official travel expenses; of which not to exceed $500,000 shall be 
available for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration; and of which not to exceed $1,500 shall be 
available for official reception and representation expenses.


             Air Transportation Stabilization Program Account

                          (including rescission)

    Sections 101(a)(1), 102, 104, and 107(2) of the Air Transportation 
Safety and System Stabilization Act (title I, Public Law 107-42) are 
hereby repealed. All unobligated balances under this heading are 
rescinded.

                  Financial Crimes Enforcement Network


                          salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training 
expenses of non-Federal and foreign government personnel to attend 
meetings and training concerned with domestic and foreign financial 
intelligence activities, law enforcement, and financial regulation; not 
to exceed $14,000 for official reception and representation expenses; 
and for assistance to Federal law enforcement agencies, with or without 
reimbursement, $85,844,000, of which not to exceed $16,340,000 shall 
remain available until September 30, 2010; and of which $8,955,000 
shall remain available until September 30, 2009: Provided, That funds 
appropriated in this account may be used to procure personal services 
contracts.

                      Financial Management Service


                          salaries and expenses

    For necessary expenses of the Financial Management Service, 
$234,423,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2010, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

                Alcohol and Tobacco Tax and Trade Bureau


                          salaries and expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$93,515,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement.

                           United States Mint


                United States Mint Public Enterprise Fund

    Pursuant to section 5136 of title 31, United States Code, the 
United States Mint is provided funding through the United States Mint 
Public Enterprise Fund for costs associated with the production of 
circulating coins, numismatic coins, and protective services, including 
both operating expenses and capital investments. The aggregate amount 
of new liabilities and obligations incurred during fiscal year 2008 
under such section 5136 for circulating coinage and protective service 
capital investments of the United States Mint shall not exceed 
$33,200,000.

                       Bureau of the Public Debt


                      administering the public debt

    For necessary expenses connected with any public-debt issues of the 
United States, $182,871,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until September 
30, 2010, for systems modernization: Provided, That the sum 
appropriated herein from the general fund for fiscal year 2008 shall be 
reduced by not more than $10,000,000 as definitive security issue fees 
and Legacy Treasury Direct Investor Account Maintenance fees are 
collected, so as to result in a final fiscal year 2008 appropriation 
from the general fund estimated at $172,871,000. In addition, $70,000 
to be derived from the Oil Spill Liability Trust Fund to reimburse the 
Bureau for administrative and personnel expenses for financial 
management of the Fund, as authorized by section 1012 of Public Law 
101-380.

   Community Development Financial Institutions Fund Program Account

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994 (Public Law 103-325), including services 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for ES-3, $94,000,000, to 
remain available until September 30, 2009, of which $8,000,000 shall be 
for financial assistance, technical assistance, training and outreach 
programs designed to benefit Native American, Native Hawaiian, and 
Alaskan Native communities and provided primarily through qualified 
community development lender organizations with experience and 
expertise in community development banking and lending in Indian 
country, Native American organizations, tribes and tribal organizations 
and other suitable providers, and up to $13,500,000 may be used for 
administrative expenses, including administration of the New Markets 
Tax Credit, up to $7,500,000 may be used for the cost of direct loans, 
and up to $250,000 may be used for administrative expenses to carry out 
the direct loan program: Provided, That the cost of direct loans, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $16,000,000.

                        Internal Revenue Service


                            TAXPAYER SERVICES

    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, 
filing and account services, taxpayer advocacy services, and other 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $2,150,000,000, of which not less than 
$3,000,000 shall be for the Tax Counseling for the Elderly Program, of 
which not less than $9,000,000 shall be available for low-income 
taxpayer clinic grants, of which not less than $8,000,000, to remain 
available until September 30, 2009, shall be available to establish and 
administer a Community Volunteer Income Tax Assistance matching grants 
demonstration program for tax return preparation assistance, and of 
which not less than $177,000,000 shall be available for operating 
expenses of the Taxpayer Advocate Service.


                               ENFORCEMENT

                      (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of the Internal Revenue Service to determine 
and collect owed taxes, to provide legal and litigation support, to 
conduct criminal investigations, to enforce criminal statutes related 
to violations of internal revenue laws and other financial crimes, to 
purchase (for police-type use, not to exceed 850) and hire of passenger 
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $4,780,000,000, of which not less than $57,252,000 shall 
be for the Interagency Crime and Drug Enforcement program: Provided, 
That up to $10,000,000 may be transferred as necessary from this 
account to the Internal Revenue Service Operations Support 
appropriations solely for the purposes of the Interagency Crime and 
Drug Enforcement program: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act.


                            OPERATIONS SUPPORT

    For necessary expenses of the Internal Revenue Service to operate 
and support taxpayer services and enforcement programs, including rent 
payments; facilities services; printing; postage; physical security; 
headquarters and other IRS-wide administration activities; research and 
statistics of income; telecommunications; information technology 
development, enhancement, operations, maintenance, and security; the 
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and other 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner; $3,680,059,000, of which $75,000,000 
shall remain available until September 30, 2009, for information 
technology support; of which not to exceed $1,000,000 shall remain 
available until September 30, 2010, for research; of which not less 
than $2,000,000 shall be for the Internal Revenue Service Oversight 
Board; and of which not to exceed $25,000 shall be for official 
reception and representation.


                      Business Systems Modernization

    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $267,090,000, to remain available until 
September 30, 2010, for the capital asset acquisition of information 
technology systems, including management and related contractual costs 
of said acquisitions, including related Internal Revenue Service labor 
costs, and contractual costs associated with operations authorized by 5 
U.S.C. 3109: Provided, That, with the exception of labor costs, none of 
these funds may be obligated until the Internal Revenue Service submits 
to the Committees on Appropriations, and such Committees approve, a 
plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office of 
Management and Budget, including Circular A-11; (2) complies with the 
Internal Revenue Service's enterprise architecture, including the 
modernization blueprint; (3) conforms with the Internal Revenue 
Service's enterprise life cycle methodology; (4) is approved by the 
Internal Revenue Service, the Department of the Treasury, and the 
Office of Management and Budget; (5) has been reviewed by the 
Government Accountability Office; and (6) complies with the acquisition 
rules, requirements, guidelines, and systems acquisition management 
practices of the Federal Government.


                Health Insurance Tax Credit Administration

    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $15,235,000.


           Administrative Provisions--Internal Revenue Service

                      (including transfer of funds)

    Sec. 101. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 
3 percent of appropriations under the heading ``Enforcement'' may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 102. The Internal Revenue Service shall maintain a training 
program to ensure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with taxpayers, and in 
cross-cultural relations.
    Sec. 103. The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information.
    Sec. 104. Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 105. Section 9503(a) of title 5, United States Code, is 
amended by striking ``for a period of 10 years after the date of 
enactment of this section'' and inserting ``before July 23, 2013''.
    Sec. 106. Sections 9504(a) and (b), and 9505(a) of title 5, United 
States Code, are amended by striking ``For a period of 10 years after 
the date of enactment of this section'' each place it occurs and 
inserting ``Before July 23, 2013''.
    Sec. 107. Section 9502(a) of title 5, United States Code, is 
amended by striking ``Office of Management and Budget'' and inserting 
``Office of Personnel Management''.
    Sec. 108. Of the funds made available by this Act for the Internal 
Revenue Service, not less than $7,350,000 shall be available for 
increasing above fiscal year 2007 levels the number of full-time 
equivalent positions and related support activities performing 
Automated Collection System functions.

         Administrative Provisions--Department of the Treasury


                      (including transfers of funds)

    Sec. 109. Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services 
to employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 110. Not to exceed 2 percent of any appropriations in this Act 
made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 111. Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to the Treasury Inspector General for Tax Administration's 
appropriation upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 112. Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the Secretary of 
the Treasury certifies that the purchase by the respective Treasury 
bureau is consistent with departmental vehicle management principles: 
Provided, That the Secretary may delegate this authority to the 
Assistant Secretary for Management.
    Sec. 113. None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 114. The Secretary of the Treasury may transfer funds from 
Financial Management Services, Salaries and Expenses to Debt Collection 
Fund as necessary to cover the costs of debt collection: Provided, That 
such amounts shall be reimbursed to such salaries and expenses account 
from debt collections received in the Debt Collection Fund.
    Sec. 115. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``8 years'' and inserting ``10 
years''.
    Sec. 116. None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States 
Mint to construct or operate any museum without the explicit approval 
of the House Committee on Financial Services and the Senate Committee 
on Banking, Housing, and Urban Affairs.
    Sec. 117. None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department of the 
Treasury, the Bureau of Engraving and Printing, and the United States 
Mint, individually or collectively, may be used to consolidate any or 
all functions of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House Committee on 
Financial Services; the Senate Committee on Banking, Housing, and Urban 
Affairs; the House Committee on Appropriations; and the Senate 
Committee on Appropriations.
    Sec. 118. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2008 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2008.
    Sec. 119. Section 3333(a) of title 31, United States Code, is 
amended by deleting paragraph (3) and inserting in lieu thereof the 
following:
    ``(3) The amount of the relief and the amount of any relief granted 
to an official or agent of the Department of the Treasury under 31 
U.S.C. 3527, shall be charged to the Check Forgery Insurance Fund (31 
U.S.C. 3343). A recovery or repayment of a loss for which replacement 
is made out of the fund shall be credited to the fund and is available 
for the purposes for which the fund was established.''.
    This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2008''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

    For compensation of the President, including an expense allowance 
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, 
$450,000: Provided, That none of the funds made available for official 
expenses shall be expended for any other purpose and any unused amount 
shall revert to the Treasury pursuant to section 1552 of title 31, 
United States Code.

                           White House Office


                          salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, 
periodicals, teletype news service, and travel (not to exceed $100,000 
to be expended and accounted for as provided by 3 U.S.C. 103); and not 
to exceed $19,000 for official entertainment expenses, to be available 
for allocation within the Executive Office of the President; 
$51,656,000.

                 Executive Residence at the White House


                            operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $12,814,000, to be expended 
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.


                          reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be 
made in accordance with the provisions of this paragraph: Provided 
further, That, notwithstanding any other provision of law, such amount 
for reimbursable operating expenses shall be the exclusive authority of 
the Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until expended: Provided further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year: Provided further, That the Executive Residence shall 
ensure that a written notice of any amount owed for a reimbursable 
operating expense under this paragraph is submitted to the person owing 
such amount within 60 days after such expense is incurred, and that 
such amount is collected within 30 days after the submission of such 
notice: Provided further, That the Executive Residence shall charge 
interest and assess penalties and other charges on any such amount that 
is not reimbursed within such 30 days, in accordance with the interest 
and penalty provisions applicable to an outstanding debt on a United 
States Government claim under section 3717 of title 31, United States 
Code: Provided further, That each such amount that is reimbursed, and 
any accompanying interest and charges, shall be deposited in the 
Treasury as miscellaneous receipts: Provided further, That the 
Executive Residence shall prepare and submit to the Committees on 
Appropriations, by not later than 90 days after the end of the fiscal 
year covered by this Act, a report setting forth the reimbursable 
operating expenses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, the amount of 
such total that consists of reimbursable official and ceremonial 
events, the amount of such total that consists of reimbursable 
political events, and the portion of each such amount that has been 
reimbursed as of the date of the report: Provided further, That the 
Executive Residence shall maintain a system for the tracking of 
expenses related to reimbursable events within the Executive Residence 
that includes a standard for the classification of any such expense as 
political or nonpolitical: Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $1,600,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

                      Council of Economic Advisers


                          salaries and expenses

    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021 et seq.), $4,118,000.

                      Office of Policy Development


                          salaries and expenses

    For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 
$3,482,000.

                       National Security Council


                          salaries and expenses

    For necessary expenses of the National Security Council, including 
services as authorized by 5 U.S.C. 3109, $8,640,000.

              Privacy and Civil Liberties Oversight Board


                          SALARIES AND EXPENSES

    For necessary expenses of the Privacy and Civil Liberties Oversight 
Board, as authorized by section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $2,000,000.

                        Office of Administration


                          salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $91,745,000, of which $11,923,000 shall 
remain available until expended for continued modernization of the 
information technology infrastructure within the Executive Office of 
the President.

                    Office of Management and Budget


                          salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 
44, United States Code, $78,000,000, of which not to exceed $3,000 
shall be available for official representation expenses: Provided, 
That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied 
only to the objects for which appropriations were made and shall be 
allocated in accordance with the terms and conditions set forth in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act) except as otherwise provided by 
law: Provided further, That none of the funds appropriated in this Act 
for the Office of Management and Budget may be used for the purpose of 
reviewing any agricultural marketing orders or any activities or 
regulations under the provisions of the Agricultural Marketing 
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That 
none of the funds made available for the Office of Management and 
Budget by this Act may be expended for the altering of the transcript 
of actual testimony of witnesses, except for testimony of officials of 
the Office of Management and Budget, before the Committees on 
Appropriations or their subcommittees: Provided further, That the 
preceding shall not apply to printed hearings released by the 
Committees on Appropriations: Provided further, That none of the funds 
provided in this or prior Acts shall be used, directly or indirectly, 
by the Office of Management and Budget, for evaluating or determining 
if water resource project or study reports submitted by the Chief of 
Engineers acting through the Secretary of the Army are in compliance 
with all applicable laws, regulations, and requirements relevant to the 
Civil Works water resource planning process: Provided further, That the 
Office of Management and Budget shall have not more than 60 days in 
which to perform budgetary policy reviews of water resource matters on 
which the Chief of Engineers has reported: Provided further, That the 
Director of the Office of Management and Budget shall notify the 
appropriate authorizing and appropriating committees when the 60-day 
review is initiated: Provided further, That if water resource reports 
have not been transmitted to the appropriate authorizing and 
appropriating committees within 15 days after the end of the Office of 
Management and Budget review period based on the notification from the 
Director, Congress shall assume Office of Management and Budget 
concurrence with the report and act accordingly.

                 Office of National Drug Control Policy


                          Salaries and Expenses

    For necessary expenses of the Office of National Drug Control 
Policy (ONDCP); for research activities pursuant to the Office of 
National Drug Control Policy Reauthorization Act of 2006 (Public Law 
109-469); not to exceed $10,000 for official reception and 
representation expenses; and for participation in joint projects or in 
the provision of services on matters of mutual interest with nonprofit, 
research, or public organizations or agencies, with or without 
reimbursement, $26,402,000; of which $250,000 shall remain available 
until expended for policy research and evaluation: Provided, That of 
the funds provided under this heading, $1,250,000 shall be allocated 
for the National Academy of Public Administration to conduct an 
independent study and analysis of ONDCP's organization and management: 
Provided further, That within two months after the date of enactment of 
this Act, the ONDCP shall contract with the National Academy of Public 
Administration for purposes as described in the previous proviso: 
Provided further, That the Office is authorized to accept, hold, 
administer, and utilize gifts, both real and personal, public and 
private, without fiscal year limitation, for the purpose of aiding or 
facilitating the work of the Office.


                 Counterdrug Technology Assessment Center

                      (including transfer of funds)

    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469), 
$1,000,000, which shall remain available until expended for 
counternarcotics research and development projects: Provided, That such 
amount shall be available for transfer to other Federal departments or 
agencies: Provided further, That the Office of National Drug Control 
Policy shall submit for approval by the Committees on Appropriations of 
the House of Representatives and the Senate, a spending plan for the 
use of these funds no later than 90 days after enactment of this Act.


                      Federal Drug Control Programs

              High Intensity Drug Trafficking Areas Program

                      (including transfers of funds)

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $230,000,000, 
to remain available until September 30, 2009, for drug control 
activities consistent with the approved strategy for each of the 
designated High Intensity Drug Trafficking Areas, of which no less than 
51 percent shall be transferred to State and local entities for drug 
control activities, which shall be obligated within 120 days of the 
date of enactment of this Act: Provided, That up to 49 percent may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director, of which not less than $2,100,000 shall be 
used for auditing services and associated activities, and up to 
$400,000 which shall be for the final year of development and 
implementation of a data collection system to measure the performance 
of the High Intensity Drug Trafficking Areas Program: Provided further, 
That High Intensity Drug Trafficking Areas Programs designated as of 
September 30, 2007, shall be funded at no less than the fiscal year 
2007 initial allocation levels unless the Director submits to the 
Committees on Appropriations of the House of Representatives and the 
Senate, and the Committees approve, justification for changes in those 
levels based on clearly articulated priorities for the High Intensity 
Drug Trafficking Areas Programs, as well as published Office of 
National Drug Control Policy performance measures of effectiveness: 
Provided further, That a request shall be submitted in compliance with 
the reprogramming guidelines to the Committees on Appropriations for 
approval prior to the obligation of funds of an amount in excess of the 
fiscal year 2007 budget request: Provided further, That the Office of 
National Drug Control Policy (ONDCP) shall submit recommendations for 
approval to the Committees on Appropriations for both the initial High-
Intensity Drug Trafficking Area (HIDTA) allocation funding within 90 
days after the enactment of this Act and the discretionary HIDTA 
funding, according to the framework proposed jointly by the HIDTA 
Directors and ONDCP, within 120 days after the enactment of this Act: 
Provided further, That within the discretionary funding amount, plans 
for use of such funds shall be subject to committee approval: Provided 
further, That at least $2,000,000 shall be available for new counties, 
not including previously funded counties, with priority given to 
meritorious applicants who have submitted previously and have not been 
funded.


                   Other Federal Drug Control Programs

                      (including transfer of funds)

    For activities to support a national anti-drug campaign for youth, 
and for other purposes, authorized by the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469), 
$164,300,000, to remain available until expended, of which the amounts 
are available as follows: $60,000,000 to support a national media 
campaign: Provided, That the Office of National Drug Control Policy 
shall maintain funding for non-advertising services for the media 
campaign at no less than the fiscal year 2003 ratio of service funding 
to total funds and shall continue the corporate outreach program as it 
operated prior to its cancellation; $90,000,000 to continue a program 
of matching grants to drug-free communities, of which $2,000,000 shall 
be made available as directed by section 4 of Public Law 107-82, as 
amended by Public Law 109-469 (21 U.S.C. 1521 note); $500,000 for 
demonstration programs as authorized by section 1119 of Public Law 109-
469; $1,000,000 for the National Drug Court Institute; $9,600,000 for 
the United States Anti-Doping Agency for anti-doping activities; 
$1,700,000 for the United States membership dues to the World Anti-
Doping Agency; $1,250,000 for the National Alliance for Model State 
Drug Laws; and $250,000 for evaluations and research related to 
National Drug Control Program performance measures: Provided further, 
That such funds may be transferred to other Federal departments and 
agencies to carry out such activities: Provided further, That of the 
amounts appropriated for a national media campaign, not to exceed 10 
percent shall be for administration, advertising production, research 
and testing, labor, and related costs of the national media campaign.

                          Unanticipated Needs

    For expenses necessary to enable the President to meet 
unanticipated needs, in furtherance of the national interest, security, 
or defense which may arise at home or abroad during the current fiscal 
year, as authorized by 3 U.S.C. 108, $1,000,000.

                  Special Assistance to the President


                          Salaries and Expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,432,000.

                Official Residence of the Vice President


                            Operating Expenses

                      (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to 
be accounted for solely on his certificate, $320,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

Administrative Provisions--Executive Office of the President and Funds 
                     Appropriated to the President


                      (INCLUDING TRANSFER OF FUNDS)

    Sec. 201. From funds made available in this Act under the headings 
``White House Office'', ``Executive Residence at the White House'', 
``White House Repair and Restoration'', ``Council of Economic 
Advisors'', ``National Security Council'', ``Office of 
Administration'', ``Office of Policy Development'', ``Special 
Assistance to the President'', and ``Official Residence of the Vice 
President'', the Director of the Office of Management and Budget (or 
such other officer as the President may designate in writing), may, 15 
days after giving notice to the House and Senate Committees on 
Appropriations, transfer not to exceed 10 percent of any such 
appropriation to any other such appropriation, to be merged with and 
available for the same time and for the same purposes as the 
appropriation to which transferred: Provided, That the amount of an 
appropriation shall not be increased by more than 50 percent by such 
transfers: Provided further, That no amount shall be transferred from 
``Special Assistance to the President'' or ``Official Residence of the 
Vice President'' without the approval of the Vice President.
    Sec. 202. The President shall submit to the Committees on 
Appropriations not later than 30 days after the date of the enactment 
of this Act, and prior to the initial obligation of funds appropriated 
under the heading ``Office of National Drug Control Policy'', a 
financial plan on the proposed uses of all funds under the heading by 
program, project, and activity, for which the obligation of funds is 
anticipated: Provided, That up to 20 percent of funds appropriated 
under this heading may be obligated before the submission of the report 
subject to prior approval of the Committees on Appropriations: Provided 
further, That the report shall be updated and submitted to the 
Committees on Appropriations every six months and shall include 
information detailing how the estimates and assumptions contained in 
previous reports have changed: Provided further, That any new projects 
and changes in funding of ongoing projects shall be subject to the 
prior approval of the Committees on Appropriations.
    Sec. 203. Not to exceed 2 percent of any appropriations in this Act 
made available to the Office of National Drug Control Policy may be 
transferred between appropriated programs upon the advance approval of 
the Committees on Appropriations: Provided, That no transfer may 
increase or decrease any such appropriation by more than 3 percent.
    Sec. 204. Not to exceed $1,000,000 of any appropriations in this 
Act made available to the Office of National Drug Control Policy may be 
reprogrammed within a program, project, or activity upon the advance 
approval of the Committees on Appropriations.
    This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2008''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States


                          salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $66,526,000, 
of which $2,000,000 shall remain available until expended.


                     Care of the Building and Grounds

    For such expenditures as may be necessary to enable the Architect 
of the Capitol to carry out the duties imposed upon the Architect by 
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $12,201,000, which 
shall remain available until expended.

         United States Court of Appeals for the Federal Circuit


                          Salaries and Expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $27,072,000.

               United States Court of International Trade


                          Salaries and Expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses 
of the court, as authorized by law, $16,632,000.

    Courts of Appeals, District Courts, and Other Judicial Services


                          Salaries and Expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $4,604,762,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$4,099,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.
    In addition, $14,500,000 shall be available to address critically 
understaffed workload associated with increased immigration 
enforcement: Provided, That this amount is designated as described in 
section 5 (in the matter preceding division A of this consolidated 
Act).


                            Defender Services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under the Criminal Justice Act of 1964 (18 U.S.C. 
3006A); the compensation and reimbursement of expenses of persons 
furnishing investigative, expert, and other services under the Criminal 
Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign 
countries with which the United States has a treaty for the execution 
of penal sentences; the compensation of attorneys appointed to 
represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d); and for necessary 
training and general administrative expenses, $835,601,000, to remain 
available until expended.
    In addition, $10,500,000 shall be available for the reimbursement 
of expenses of attorneys appointed to represent persons under the 
Criminal Justice Act of 1964 as a result of increased immigration 
enforcement: Provided, That this amount is designated as described in 
section 5 (in the matter preceding division A of this consolidated 
Act).


                     Fees of Jurors and Commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $63,081,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.


                              Court Security

                      (including transfers of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses 
and other facilities housing Federal court operations, and the 
procurement, installation, and maintenance of security systems and 
equipment for United States courthouses and other facilities housing 
Federal court operations, including building ingress-egress control, 
inspection of mail and packages, directed security patrols, perimeter 
security, basic security services provided by the Federal Protective 
Service, and other similar activities as authorized by section 1010 of 
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $410,000,000, of which not to exceed $15,000,000 shall remain 
available until expended, to be expended directly or transferred to the 
United States Marshals Service, which shall be responsible for 
administering the Judicial Facility Security Program consistent with 
standards or guidelines agreed to by the Director of the Administrative 
Office of the United States Courts and the Attorney General.

           Administrative Office of the United States Courts


                          Salaries and Expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $76,036,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center


                          Salaries and Expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $24,187,000; of which $1,800,000 shall 
remain available through September 30, 2009, to provide education and 
training to Federal court personnel; and of which not to exceed $1,500 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds


                     Payment to Judiciary Trust Funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $59,400,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $2,300,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $3,700,000.

                  United States Sentencing Commission


                          Salaries and Expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $15,477,000, of which 
not to exceed $1,000 is authorized for official reception and 
representation expenses.

                Administrative Provisions--The Judiciary


                      (including transfer of funds)

    Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 605 and 610 of this Act and shall 
not be available for obligation or expenditure except in compliance 
with the procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, 
and Other Judicial Services'' shall be available for official reception 
and representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304. Within 90 days after the date of the enactment of this 
Act, the Administrative Office of the U.S. Courts shall submit to the 
Committees on Appropriations a comprehensive financial plan for the 
Judiciary allocating all sources of available funds including 
appropriations, fee collections, and carryover balances, to include a 
separate and detailed plan for the Judiciary Information Technology 
fund.
    Sec. 305. Pursuant to section 140 of Public Law 97-92, and from 
funds appropriated in this Act, Justices and judges of the United 
States are authorized during fiscal year 2008, to receive a salary 
adjustment in accordance with 28 U.S.C. 461.
    Sec. 306. Section 3313(a) of title 40, United States Code, shall be 
applied by substituting ``executive'' for ``federal'' each place it 
appears.
    Sec. 307. In accordance with 28 U.S.C. 561-569, and notwithstanding 
any other provision of law, the United States Marshals Service shall 
provide, for such courthouses as its Director may designate in 
consultation with the Director of the Administrative Office of the 
United States Courts, for purposes of a pilot program, the security 
services that 40 U.S.C. 1315 authorizes the Department of Homeland 
Security to provide, except for the services specified in 40 U.S.C. 
1315(b)(2)(E). For building-specific security services at these 
courthouses, the Director of the Administrative Office of the United 
States Courts shall reimburse the United States Marshals Service rather 
than the Department of Homeland Security.
    Sec. 308. Section 128(b) of title 28, United States Code, is 
amended by striking ``Bellingham, Seattle, and Tacoma'' and inserting 
``Bellingham, Seattle, Tacoma, and Vancouver''.
    Sec. 309. Section 203(c) of the Judicial Improvements Act of 1990 
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
        (1) in the third sentence (relating to the District of Kansas), 
    by striking ``16 years'' and inserting ``17 years'';
        (2) in the sixth sentence (relating to the Northern District of 
    Ohio), by striking ``15 years'' and inserting ``17 years''.
    This title may be cited as the ``Judiciary Appropriations Act, 
2008''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds


               Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered 
by the Mayor, for District of Columbia resident tuition support, 
$33,000,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia 
Chief Financial Officer, who shall use those funds solely for the 
purposes of carrying out the Resident Tuition Support Program: Provided 
further, That the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations of the 
House of Representatives and Senate for these funds showing, by object 
class, the expenditures made and the purpose therefor.


    Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $3,352,000, to remain available 
until expended; of which $3,000,000 is to reimburse the District of 
Columbia for the costs of providing public safety at events related to 
the presence of the national capital in the District of Columbia and 
for the costs of providing support to respond to immediate and specific 
terrorist threats or attacks in the District of Columbia or surrounding 
jurisdictions; and $352,000 is for the District of Columbia National 
Guard retention and college access program: Provided, That any amount 
provided under this heading shall be available only after such amount 
has been apportioned pursuant to chapter 15 of title 31, United States 
Code.


            Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$223,920,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $10,800,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $98,359,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $52,170,000, of which not to exceed $1,500 is 
for official reception and representation expenses; and $62,591,000, to 
remain available until September 30, 2009, for capital improvements for 
District of Columbia courthouse facilities, including structural 
improvements to the District of Columbia cell block at the Moultrie 
Courthouse: Provided, That notwithstanding any other provision of law, 
a single contract or related contracts for development and construction 
of facilities may be employed which collectively include the full scope 
of the project: Provided further, That the solicitation and contract 
shall contain the clause ``availability of Funds'' found at 48 CFR 
52.232-18: Provided further, That funds made available for capital 
improvements shall be expended consistent with the General Services 
Administration (GSA) master plan study and building evaluation report: 
Provided further, That notwithstanding any other provision of law, all 
amounts under this heading shall be apportioned quarterly by the Office 
of Management and Budget and obligated and expended in the same manner 
as funds appropriated for salaries and expenses of other Federal 
agencies, with payroll and financial services to be provided on a 
contractual basis with the GSA, and such services shall include the 
preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate: Provided further, That 30 days 
after providing written notice to the Committees on Appropriations of 
the House of Representatives and Senate, the District of Columbia 
Courts may reallocate not more than $1,000,000 of the funds provided 
under this heading among the items and entities funded under this 
heading for operations, and not more than 4 percent of the funds 
provided under this heading for facilities.


             Defender Services in District of Columbia Courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad 
litem representation, training, technical assistance, and such other 
services as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Code, and payments for counsel 
authorized under section 21-2060, D.C. Official Code (relating to 
representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$47,975,000, to remain available until expended: Provided, That the 
funds provided in this Act under the heading ``Federal Payment to the 
District of Columbia Courts'' (other than the $62,591,000 provided 
under such heading for capital improvements for District of Columbia 
courthouse facilities) may also be used for payments under this 
heading: Provided further, That in addition to the funds provided under 
this heading, the Joint Committee on Judicial Administration in the 
District of Columbia may use funds provided in this Act under the 
heading ``Federal Payment to the District of Columbia Courts'' (other 
than the $62,591,000 provided under such heading for capital 
improvements for District of Columbia courthouse facilities), to make 
payments described under this heading for obligations incurred during 
any fiscal year: Provided further, That funds provided under this 
heading shall be administered by the Joint Committee on Judicial 
Administration in the District of Columbia: Provided further, That 
notwithstanding any other provision of law, this appropriation shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
expenses of other Federal agencies, with payroll and financial services 
to be provided on a contractual basis with the General Services 
Administration (GSA), and such services shall include the preparation 
of monthly financial reports, copies of which shall be submitted 
directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate.


  Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$190,343,000, of which not to exceed $2,000 is for official receptions 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is 
for dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which not to exceed $400,000 for the Community Supervision 
Program and $160,000 for the Pretrial Services Program, both to remain 
available until September 30, 2009, are for information technology 
infrastructure enhancement acquisitions; of which $140,499,000 shall be 
for necessary expenses of Community Supervision and Sex Offender 
Registration, to include expenses relating to the supervision of adults 
subject to protection orders or the provision of services for or 
related to such persons; of which $49,894,000 shall be available to the 
Pretrial Services Agency: Provided, That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of other Federal agencies: Provided further, That not less 
than $1,000,000 shall be available for re-entrant housing in the 
District of Columbia: Provided further, That the Director is authorized 
to accept and use gifts in the form of in-kind contributions of space 
and hospitality to support offender and defendant programs, and 
equipment and vocational training services to educate and train 
offenders and defendants: Provided further, That the Director shall 
keep accurate and detailed records of the acceptance and use of any 
gift or donation under the previous proviso, and shall make such 
records available for audit and public inspection: Provided further, 
That the Court Services and Offender Supervision Agency Director is 
authorized to accept and use reimbursement from the District of 
Columbia Government for space and services provided on a cost 
reimbursable basis.


   FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the District of Columbia Public Defender Service, as 
authorized by the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $32,710,000: Provided, That notwithstanding 
any other provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of Federal agencies.


  Federal Payment to the District of Columbia Water and Sewer Authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $8,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 
match of $6,000,000 and the District of Columbia provides a match of 
$2,000,000 in local funds for this payment.


       Federal Payment to the Criminal Justice Coordinating Council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$1,300,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.


   Federal Payment to the Office of the Chief Financial Officer of the 
                          District of Columbia

    For a Federal payment to the Office of the Chief Financial Officer 
of the District of Columbia, $5,453,000: Provided, That each entity 
that receives funding under this heading shall submit to the Office of 
the Chief Financial Officer of the District of Columbia (CFO) a report 
on the activities to be carried out with such funds no later than March 
15, 2008, and the CFO shall submit a comprehensive report to the 
Committees on Appropriations of the House of Representatives and the 
Senate no later than June 1, 2008.


                  Federal Payment for School Improvement

    For a Federal payment for a school improvement program in the 
District of Columbia, $40,800,000, to be allocated as follows: for the 
District of Columbia Public Schools, $13,000,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $13,000,000 to expand quality public charter schools in the 
District of Columbia, to remain available until expended; for the 
Secretary of the Department of Education, $14,800,000 to provide 
opportunity scholarships for students in the District of Columbia in 
accordance with division C, title III of the District of Columbia 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which 
up to $1,800,000 may be used to administer and fund assessments.


           Federal Payment for Consolidated Laboratory Facility

    For a Federal payment to the District of Columbia, $5,000,000, to 
remain available until September 30, 2009, for costs associated with 
the construction of a consolidated bioterrorism and forensics 
laboratory: Provided, That the District of Columbia provides a 100 
percent match for this payment.


         FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS

    For a Federal payment to the District of Columbia, $9,000,000, to 
remain available until expended, for the Federal contribution for costs 
associated with the renovation and rehabilitation of District 
libraries.


     Federal Payment to Reimburse the Federal Bureau of Investigation

    For a Federal payment to the District of Columbia, $4,000,000, to 
remain available until September 30, 2010, for reimbursement to the 
Federal Bureau of Investigation for additional laboratory services.


  FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE MAYOR OF THE DISTRICT 
                              OF COLUMBIA

    For a Federal payment to the Executive Office of the Mayor of the 
District of Columbia, $5,000,000: Provided, That these funds shall be 
available to support the District's efforts to enhance the public 
education system, to improve environmental quality, to expand pediatric 
healthcare services and for historic preservation: Provided further, 
That no funds shall be expended until the Mayor of the District of 
Columbia submits a detailed expenditure plan, including performance 
measures, to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That the District 
submit a preliminary progress report on activities no later than June 
1, 2008, and a final report including a detailed description of 
outcomes achieved no later than November 1, 2009.

                       District of Columbia Funds

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided: Provided, That 
notwithstanding any other provision of law, except as provided in 
section 450A of the District of Columbia Home Rule Act, approved 
November 2, 2000 (114 Stat. 2440; D.C. Official Code, 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, That the amounts 
provided under this heading are to be subject to the provisions of and 
allocated and expended as proposed under ``Title III--District of 
Columbia Funds Summary of Expenses'' of the Fiscal Year 2008 Proposed 
Budget and Financial Plan submitted to the Congress of the United 
States by the District of Columbia on June 7, 2007 as amended on June 
29, 2007 and such title is hereby incorporated by reference as though 
set forth fully herein: Provided further, That this amount may be 
increased by proceeds of one-time transactions, which are expended for 
emergency or unanticipated operating or capital needs: Provided 
further, That such increases shall be approved by enactment of local 
District law and shall comply with all reserve requirements contained 
in the District of Columbia Home Rule Act approved December 24, 1973 
(87 Stat. 777; D.C. Official Code, sec. 1-201.01 et seq.), as amended 
by this Act: Provided further, That the Chief Financial Officer of the 
District of Columbia shall take such steps as are necessary to assure 
that the District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2008, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.
    This title may be cited as the ``District of Columbia 
Appropriations Act, 2008''.

                                TITLE V

                          INDEPENDENT AGENCIES

                   Consumer Product Safety Commission


                          Salaries and Expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 U.S.C. 5376, 
purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $1,000 for 
official reception and representation expenses, $80,000,000.

                     Election Assistance Commission


                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses to carry out the Help America Vote Act of 
2002, $16,530,000, of which $3,250,000 shall be transferred to the 
National Institute of Standards and Technology for election reform 
activities authorized under the Help America Vote Act of 2002: 
Provided, That $200,000 shall be for a competitive grant program to 
support community involvement in student and parent mock elections.

                        election reform programs

    For necessary expenses to carry out programs under the Help America 
Vote Act of 2002 (Public Law 107-252), $115,000,000 which shall be 
available for requirements payments under part 1 of subtitle D of title 
II of such Act.


                     ELECTION DATA COLLECTION GRANTS

    For necessary expenses to carry out an election data collection 
grants program under section 501 of this Act, $10,000,000, which shall 
remain available until expended.

        Administrative Provision--Election Assistance Commission

    Sec. 501. (a) Election Data Collection Grants.--Not later than 
March 30, 2008, the Election Assistance Commission (in this section 
referred to as the ``Commission'') shall establish an election data 
collection grant program (in this section referred to as the 
``program'') to provide a grant of $2,000,000 to 5 eligible States to 
improve the collection of data relating to the regularly scheduled 
general election for Federal office held in November 2008. For purposes 
of this section, the term ``State'' has the meaning given such term in 
section 901 of the Help America Vote Act of 2002 (42 U.S.C. 15541).
    (b) Eligibility.--A State is eligible to receive a grant under the 
program if it submits to the Commission, at such time and in such form 
as the Commission may require, an application containing the following 
information and assurances:
        (1) A plan for the use of the funds provided by the grant which 
    will expand and improve the collection of the election data 
    described in subsection (a) at the precinct level and will provide 
    for the collection of such data in a common electronic format (as 
    determined by the Commission).
        (2) An assurance that the State will comply with all requests 
    made by the Commission for the compilation and submission of the 
    data.
        (3) An assurance that the State will provide the Commission 
    with such information as the Commission may require to prepare and 
    submit the report described in subsection (d).
        (4) Such other information and assurances as the Commission may 
    require.
    (c) Timing of Grants; Availability.--
        (1) Timing.--The Commission shall award grants under the 
    program to eligible States not later than 60 days after the date on 
    which the Commission establishes the program.
        (2) Availability of funds.--Amounts provided by a grant under 
    the program shall remain available without fiscal year limitation 
    until expended.
    (d) Report to Congress.--
        (1) Report.--Not later than June 30, 2009, the Commission, in 
    consultation with the States receiving grants under the program and 
    the Election Assistance Commission Board of Advisors, shall submit 
    a report to Congress on the impact of the program on the collection 
    of the election data described in subsection (a).
        (2) Recommendations.--The Commission shall include in the 
    report submitted under paragraph (1) such recommendations as the 
    Commission considers appropriate to improve the collection of data 
    relating to regularly scheduled general elections for Federal 
    office in all States, including recommendations for changes in 
    Federal law or regulations and the Commission's estimate of the 
    amount of funding necessary to carry out such changes.

                   Federal Communications Commission


                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $313,000,000: Provided, That $312,000,000 of offsetting 
collections shall be assessed and collected pursuant to section 9 of 
title I of the Communications Act of 1934, shall be retained and used 
for necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated shall be reduced as such offsetting collections are 
received during fiscal year 2008 so as to result in a final fiscal year 
2008 appropriation estimated at $1,000,000: Provided further, That any 
offsetting collections received in excess of $312,000,000 in fiscal 
year 2008 shall not be available for obligation: Provided further, That 
remaining offsetting collections from prior years collected in excess 
of the amount specified for collection in each such year and otherwise 
becoming available on October 1, 2007, shall not be available for 
obligation: Provided further, That notwithstanding 47 U.S.C. 
309(j)(8)(B), proceeds from the use of a competitive bidding system 
that may be retained and made available for obligation shall not exceed 
$85,000,000 for fiscal year 2008: Provided further, That, in addition, 
not to exceed $21,480,000 may be transferred from the Universal Service 
Fund in fiscal year 2008 to remain available until expended, to monitor 
the Universal Service Fund program to prevent and remedy waste, fraud 
and abuse, and to conduct audits and investigations by the Office of 
Inspector General.


       administrative provisions--federal communications commission

    Sec. 510. Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act is amended by striking ``December 31, 2007'', 
each place it appears and inserting ``December 31, 2008''.
    Sec. 511. None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to 
implement the February 27, 2004 recommendations of the Federal-State 
Joint Board on Universal Service regarding single connection or primary 
line restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation


                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$26,848,000, to be derived from the Deposit Insurance Fund and the 
FSLIC Resolution Fund.

                      Federal Election Commission


                          Salaries and Expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, $59,224,000, of which no less than 
$8,100,000 shall be available for internal automated data processing 
systems, and of which not to exceed $5,000 shall be available for 
reception and representation expenses.

                   Federal Labor Relations Authority


                          Salaries and Expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 
1978, and the Civil Service Reform Act of 1978, including services 
authorized by 5 U.S.C. 3109, and including hire of experts and 
consultants, hire of passenger motor vehicles, and rental of conference 
rooms in the District of Columbia and elsewhere, $23,641,000: Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons employed intermittently in the 
Government service, and compensation as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding 31 U.S.C. 3302, funds received 
from fees charged to non-Federal participants at labor-management 
relations conferences shall be credited to and merged with this 
account, to be available without further appropriation for the costs of 
carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $243,864,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $139,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation: Provided further, That, notwithstanding any other 
provision of law, not to exceed $23,000,000 in offsetting collections 
derived from fees sufficient to implement and enforce the Telemarketing 
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and 
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to 
this account, and be retained and used for necessary expenses in this 
appropriation: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2008, so as to result in a final fiscal 
year 2008 appropriation from the general fund estimated at not more 
than $81,864,000: Provided further, That none of the funds made 
available to the Federal Trade Commission may be used to implement 
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act 
(12 U.S.C. 1831t).

                    General Services Administration


                         Real Property Activities

                          Federal Buildings Fund

                  limitations on availability of revenue

    For an additional amount to be deposited in the Federal Buildings 
Fund, $83,964,000. To carry out the purposes of the Fund established 
pursuant to section 210(f) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 592), the revenues and 
collections deposited into the Fund shall be available for necessary 
expenses of real property management and related activities not 
otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of buildings 
in the District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation, and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings including grounds, approaches 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, and any other obligations for public buildings acquired by 
installment purchase and purchase contract; in the aggregate amount of 
$7,830,414,000, of which: (1)(A) $306,448,000 shall remain available 
until expended for construction (including funds for sites and expenses 
and associated design and construction services) of additional projects 
at the following locations:
        New Construction:
            California:
                San Ysidro, Land Port of Entry, $37,742,000.
            Illinois:
                Rockford, United States Courthouse, $58,792,000.
            Maryland:
                Montgomery County, Food and Drug Administration 
            Consolidation, $57,749,000.
            Minnesota:
                Warroad, Land Port of Entry, $43,628,000.
            Missouri:
                Jefferson City, United States Courthouse, $66,000,000.
            Vermont:
                Derby Line, Land Port of Entry, $33,139,000.
            Nonprospectus Construction, $9,398,000; and
(B) $225,000,000 is designated as described in section 5 (in the matter 
preceding division A of this consolidated Act) and shall remain 
available until expended for construction (including funds for sites 
and expenses and associated design and construction services) of 
additional projects at the following locations:
        Arizona:
            San Luis, Land Port of Entry I, $7,053,000.
        California:
            San Ysidro, Land Port of Entry, $161,437,000.
        Maine:
            Madawaska, Land Port of Entry, $17,160,000.
        New York:
            Alexandria Bay, Land Port of Entry, $11,676,000.
        Texas:
            El Paso, Tornillo-Guadalupe, Land Port of Entry, 
        $4,290,000.
            Donna/Rio Bravo International Bridge, Land Port of Entry, 
        $23,384,000:
Provided, That, notwithstanding any other provision of law, the 
Administrator of General Services is authorized to proceed with 
necessary site acquisition, design, and construction for the new 
courthouse project in Rockford, Illinois, listed in Public Law 109-115 
and for which funds have been appropriated under this or any other 
Acts, with the understanding that the total estimated cost of the 
project, exclusive of any permitted escalations, shall be $100,225,000: 
Provided further, That each of the foregoing limits of costs on new 
construction projects may be exceeded to the extent that savings are 
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, That all funds for direct construction 
projects shall expire on September 30, 2009 and remain in the Federal 
Buildings Fund except for funds for projects as to which funds for 
design or other funds have been obligated in whole or in part prior to 
such date; (2) $722,161,000 shall remain available until expended for 
repairs and alterations, which includes associated design and 
construction services:
        Repairs and Alterations:
            District of Columbia:
                Eisenhower Executive Office Building, Phase III, 
            $121,204,000.
                Joint Operations Center, $12,800,000.
                Nebraska Avenue Complex, $27,673,000.
            Nevada:
                Reno, C. Clifton Young Federal Building and Courthouse, 
            $12,793,000.
            New York:
                New York, Thurgood Marshall United States Courthouse, 
            $170,544,000.
            West Virginia:
                Martinsburg Internal Revenue Service Enterprise 
            Computing Center, $35,822,000.
            Special Emphasis Programs:
                Energy Program, $15,000,000.
            Design Program, $7,372,000.
            Basic Repairs and Alterations, $318,953,000:
Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for 
``Repairs and Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to meet the 
minimum standards for security in accordance with current law and in 
compliance with the reprogramming guidelines of the appropriate 
Committees of the House and Senate: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and 
Alterations'', may be transferred to Basic Repairs and Alterations or 
used to fund authorized increases in prospectus projects: Provided 
further, That all funds for repairs and alterations prospectus projects 
shall expire on September 30, 2009 and remain in the Federal Buildings 
Fund except funds for projects as to which funds for design or other 
funds have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $155,781,000 for installment acquisition payments, 
including payments on purchase contracts which shall remain available 
until expended; (4) $4,315,534,000 for rental of space which shall 
remain available until expended; and (5) $2,105,490,000 for building 
operations which shall remain available until expended, of which up to 
$500,000 may be used as Federal competitive contributions to entities 
which coordinate long-term siting of Federal building and employment in 
the National Capital Region with State and local governments, the 
commercial sector and other major stakeholders in the region: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, has not been approved, except that 
necessary funds may be expended for each project for required expenses 
for the development of a proposed prospectus: Provided further, That 
funds available in the Federal Buildings Fund may be expended for 
emergency repairs when advance approval is obtained from the Committees 
on Appropriations: Provided further, That amounts necessary to provide 
reimbursable special services to other agencies under section 210(f)(6) 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control as may be appropriate 
to enable the United States Secret Service to perform its protective 
functions pursuant to 18 U.S.C. 3056, shall be available from such 
revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
2008, excluding reimbursements under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
in excess of the aggregate new obligational authority authorized for 
Real Property Activities of the Federal Buildings Fund in this Act 
shall remain in the Fund and shall not be available for expenditure 
except as authorized in appropriations Acts.


                            General Activities

                          Government-wide Policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support 
responsibilities relating to acquisition, telecommunications, 
information technology management, and related technology activities; 
and services as authorized by 5 U.S.C. 3109; $52,891,000.


                            Operating Expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; providing 
Internet access to Federal information and services; agency-wide policy 
direction and management, and Board of Contract Appeals; accounting, 
records management, and other support services incident to adjudication 
of Indian Tribal Claims by the United States Court of Federal Claims; 
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for 
official reception and representation expenses, $85,870,000.


                       Office of Inspector General

    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $48,382,000: Provided, That not to 
exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.


                        Electronic Government Fund

                      (including transfer of funds)

    For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation 
of innovative uses of the Internet and other electronic methods, 
$3,000,000, to remain available until expended: Provided, That these 
funds may be transferred to Federal agencies to carry out the purposes 
of the Fund: Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this Act: Provided 
further, That such transfers may not be made until 10 days after a 
proposed spending plan and explanation for each project to be 
undertaken has been submitted to the Committees on Appropriations.


            Allowances and Office Staff for Former Presidents

                      (including transfer of funds)

    For carrying out the provisions of the Act of August 25, 1958 (3 
U.S.C. 102 note), and Public Law 95-138, $2,478,000: Provided, That the 
Administrator of General Services shall transfer to the Secretary of 
the Treasury such sums as may be necessary to carry out the provisions 
of such Acts.


                 Federal Citizen Information Center Fund

    For necessary expenses of the Federal Citizen Information Center, 
including services authorized by 5 U.S.C. 3109, $17,328,000, to be 
deposited into the Federal Citizen Information Center Fund: Provided, 
That the appropriations, revenues, and collections deposited into the 
Fund shall be available for necessary expenses of Federal Citizen 
Information Center activities in the aggregate amount not to exceed 
$42,000,000. Appropriations, revenues, and collections accruing to this 
Fund during fiscal year 2008 in excess of such amount shall remain in 
the Fund and shall not be available for expenditure except as 
authorized in appropriations Acts.


        Administrative Provisions--General Services Administration

                      (including transfers of funds)

    Sec. 520. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improvement, 
included as part of rentals received from Government corporations 
pursuant to law (40 U.S.C. 129).
    Sec. 521. Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 522. Funds in the Federal Buildings Fund made available for 
fiscal year 2008 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations.
    Sec. 523. Except as otherwise provided in this title, no funds made 
available by this Act shall be used to transmit a fiscal year 2009 
request for United States Courthouse construction that: (1) does not 
meet the design guide standards for construction as established and 
approved by the General Services Administration, the Judicial 
Conference of the United States, and the Office of Management and 
Budget; and (2) does not reflect the priorities of the Judicial 
Conference of the United States as set out in its approved 5-year 
construction plan: Provided, That the fiscal year 2009 request must be 
accompanied by a standardized courtroom utilization study of each 
facility to be constructed, replaced, or expanded.
    Sec. 524. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 525. From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims 
against the Government of less than $250,000 arising from direct 
construction projects and acquisition of buildings may be liquidated 
from savings effected in other construction projects with prior 
notification to the Committees on Appropriations.
    Sec. 526. No funds shall be used by the General Services 
Administration to reorganize its organizational structure without 
approval by the House and Senate Committees on Appropriations through 
an operating plan change.
    Sec. 527. In any case in which the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate adopt a resolution granting 
lease authority pursuant to a prospectus transmitted to Congress by the 
Administrator of General Services under section 3307 of title 40, 
United States Code, the Administrator shall ensure that the delineated 
area of procurement is identical to the delineated area included in the 
prospectus for all lease agreements, except that, if the Administrator 
determines that the delineated area of the procurement should not be 
identical to the delineated area included in the prospectus, the 
Administrator shall provide an explanatory statement to each of such 
committees and the House and Senate Committees on Appropriations prior 
to exercising any lease authority provided in the resolution.

                     Merit Systems Protection Board


                          Salaries and Expenses

                      (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, 
the Civil Service Reform Act of 1978, and the Whistleblower Protection 
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, direct procurement of 
survey printing, and not to exceed $2,000 for official reception and 
representation expenses, $37,507,000 together with not to exceed 
$2,579,000 for administrative expenses to adjudicate retirement appeals 
to be transferred from the Civil Service Retirement and Disability Fund 
in amounts determined by the Merit Systems Protection Board.

 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Foundation


  Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Trust Fund

                      (including transfer of funds)

    For payment to the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Trust Fund, pursuant to the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), 
$3,750,000, to remain available until expended, of which up to $50,000 
shall be used to conduct financial audits pursuant to the 
Accountability of Tax Dollars Act of 2002 (Public Law 107-289) 
notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That 
up to 60 percent of such funds may be transferred by the Morris K. 
Udall Scholarship and Excellence in National Environmental Policy 
Foundation for the necessary expenses of the Native Nations Institute.


                  Environmental Dispute Resolution Fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $2,000,000, to remain available until expended.

              National Archives and Records Administration


                            Operating Expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents and the activities of the 
Public Interest Declassification Board, and for the hire of passenger 
motor vehicles, and for uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and 
cleaning, $315,000,000.


                       Electronic Records Archives

    For necessary expenses in connection with the development of the 
electronic records archives, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $58,028,000 of which $38,315,000 shall remain available 
until September 30, 2009: Provided, That none of the multi-year funds 
may be obligated until the National Archives and Records Administration 
submits to the Committees on Appropriations, and such Committees 
approve, a plan for expenditure that: (1) meets the capital planning 
and investment control review requirements established by the Office of 
Management and Budget, including Circular A-11; (2) complies with the 
National Archives and Records Administration's enterprise architecture; 
(3) conforms with the National Archives and Records Administration's 
enterprise life cycle methodology; (4) is approved by the National 
Archives and Records Administration and the Office of Management and 
Budget; (5) has been reviewed by the Government Accountability Office; 
and (6) complies with the acquisition rules, requirements, guidelines, 
and systems acquisition management practices of the Federal Government.


                         Repairs and Restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $28,605,000, to remain 
available until expended: Provided, That the Archivist is authorized to 
construct an addition to the John F. Kennedy Presidential Library and 
Museum on land, adjacent to the existing Library and Museum property, 
to be acquired from the Commonwealth of Massachusetts or the University 
of Massachusetts or some other governmental authority thereof; and of 
the funds provided, $8,000,000 shall be used for acquiring the land for 
the Kennedy Library Addition, the first phase of construction, related 
services for building the addition to the Library, and other necessary 
expenses, including renovating the Library as needed in constructing 
the addition; $750,000 to complete design work on the renovation of the 
Franklin D. Roosevelt Presidential Library and Museum; $7,432,000 to 
construct an addition to the Richard Nixon Presidential Library and 
Museum; and $3,760,000 is for the repair and restoration of the plaza 
that surrounds the Lyndon Baines Johnson Presidential Library and 
Museum that is under the joint control and custody of the University of 
Texas: Provided further, That such funds shall remain available until 
expended for this purpose and may be transferred directly to the 
University and used, together with University funds, for the repair and 
restoration of the plaza: Provided further, That such funds shall be 
spent in accordance with the construction plan submitted to the 
Committees on Appropriations on March 14, 2005: Provided further, That 
the Archivist shall be prohibited from entering into any agreement with 
the University or any other party that requires additional funding 
commitments on behalf of the Federal Government for this project.


         National Historical Publications and Records Commission

                              GRANTS PROGRAM

                      (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $9,500,000, 
to remain available until expended: Provided, That of the funds 
provided in this paragraph, $2,000,000 shall be transferred to the 
operating expenses account of the National Archives and Records 
Administration for operating expenses of the National Historical 
Publications and Records Commission.


         ADMINISTRATIVE PROVISION--NATIONAL ARCHIVES AND RECORDS 
                             ADMINISTRATION

    The National Archives and Records Administration shall include in 
its fiscal year 2009 budget justifications a comprehensive capital 
needs assessment for funding provided under the ``Repairs and 
Restoration'' appropriations account: Provided, That funds proposed 
under the ``Repairs and Restoration'' appropriations account for fiscal 
year 2009 shall be allocated to projects on a priority basis 
established under a comprehensive capital needs assessment.

                  National Credit Union Administration


                        central liquidity facility

    During fiscal year 2008, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed 
$1,500,000,000: Provided, That administrative expenses of the Central 
Liquidity Facility in fiscal year 2008 shall not exceed $329,000.


                community development revolving loan fund

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $975,000 shall be 
available until September 30, 2009 for technical assistance to low-
income designated credit unions.

                      Office of Government Ethics


                          Salaries and Expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, and 
the Ethics Reform Act of 1989, including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 
for official reception and representation expenses, $11,750,000.

                     Office of Personnel Management


                          Salaries and Expenses

                   (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for 
veterans by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of passenger 
motor vehicles; not to exceed $2,500 for official reception and 
representation expenses; advances for reimbursements to applicable 
funds of the Office of Personnel Management and the Federal Bureau of 
Investigation for expenses incurred under Executive Order No. 10422 of 
January 9, 1953, as amended; and payment of per diem and/or subsistence 
allowances to employees where Voting Rights Act activities require an 
employee to remain overnight at his or her post of duty, $101,765,000, 
of which $5,991,000 shall remain available until expended for the 
Enterprise Human Resources Integration project; $1,351,000 shall remain 
available until expended for the Human Resources Line of Business 
project; $340,000 shall remain available until expended for the E-
Payroll project; and $170,000 shall remain available until expended for 
the E-Training program; and in addition $123,901,000 for administrative 
expenses, to be transferred from the appropriate trust funds of the 
Office of Personnel Management without regard to other statutes, 
including direct procurement of printed materials, for the retirement 
and insurance programs, of which $26,965,000 shall remain available 
until expended for the cost of automating the retirement recordkeeping 
systems: Provided, That the provisions of this appropriation shall not 
affect the authority to use applicable trust funds as provided by 
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States 
Code: Provided further, That no part of this appropriation shall be 
available for salaries and expenses of the Legal Examining Unit of the 
Office of Personnel Management established pursuant to Executive Order 
No. 9358 of July 1, 1943, or any successor unit of like purpose: 
Provided further, That the President's Commission on White House 
Fellows, established by Executive Order No. 11183 of October 3, 1964, 
may, during fiscal year 2008, accept donations of money, property, and 
personal services: Provided further, That such donations, including 
those from prior years, may be used for the development of publicity 
materials to provide information about the White House Fellows, except 
that no such donations shall be accepted for travel or reimbursement of 
travel expenses, or for the salaries of employees of such Commission.


                       Office of Inspector General

                          salaries and expenses

                   (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,519,000, and in addition, not to exceed $17,081,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.


       Government Payment for Annuitants, Employees Health Benefits

    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), 
such sums as may be necessary.


        Government Payment for Annuitants, Employee Life Insurance

    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.


         Payment to Civil Service Retirement and Disability Fund

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to 
the Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, That annuities authorized by the Act of May 29, 
1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter 
be paid out of the Civil Service Retirement and Disability Fund.

                       Office of Special Counsel


                          Salaries and Expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower 
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the 
Uniformed Services Employment and Reemployment Act of 1994 (Public Law 
103-353), including services as authorized by 5 U.S.C. 3109, payment of 
fees and expenses for witnesses, rental of conference rooms in the 
District of Columbia and elsewhere, and hire of passenger motor 
vehicles; $17,468,000.

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $906,000,000, to remain available until 
expended; of which not to exceed $20,000 may be used toward funding a 
permanent secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of their 
delegations, appropriate representatives and staff to exchange views 
concerning developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and 
foreign invitees in attendance at such consultations and meetings 
including: (1) such incidental expenses as meals taken in the course of 
such attendance; (2) any travel and transportation to or from such 
meetings; and (3) any other related lodging or subsistence: Provided, 
That fees and charges authorized by sections 6(b) of the Securities 
Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), 
shall be credited to this account as offsetting collections: Provided 
further, That not to exceed $842,738,000 of such offsetting collections 
shall be available until expended for necessary expenses of this 
account: Provided further, That $63,262,000 shall be derived from prior 
year unobligated balances from funds previously appropriated to the 
Securities and Exchange Commission: Provided further, That the total 
amount appropriated under this heading from the general fund for fiscal 
year 2008 shall be reduced as such offsetting fees are received so as 
to result in a final total fiscal year 2008 appropriation from the 
general fund estimated at not more than $0.

                        Selective Service System


                          Salaries and Expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$22,000,000: Provided, That during the current fiscal year, the 
President may exempt this appropriation from the provisions of 31 
U.S.C. 1341, whenever the President deems such action to be necessary 
in the interest of national defense: Provided further, That none of the 
funds appropriated by this Act may be expended for or in connection 
with the induction of any person into the Armed Forces of the United 
States.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 108-447, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $344,123,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
program activities, including fees authorized by section 5(b) of the 
Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to remain available until expended, for carrying out 
these purposes without further appropriations: Provided further, That 
$97,120,000 shall be available to fund grants for performance in fiscal 
year 2008 or fiscal year 2009 as authorized.


                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$15,000,000.


                  surety bond guarantees revolving fund

    For additional capital for the Surety Bond Guarantees Revolving 
Fund, authorized by the Small Business Investment Act of 1958, 
$3,000,000, to remain available until expended.


                      business loans program account

                      (including transfers of funds)

    For the cost of direct loans, $2,000,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That subject to section 502 of 
the Congressional Budget Act of 1974, during fiscal year 2008 
commitments to guarantee loans under section 503 of the Small Business 
Investment Act of 1958 shall not exceed $7,500,000,000: Provided 
further, That during fiscal year 2008 commitments for general business 
loans authorized under section 7(a) of the Small Business Act, shall 
not exceed $17,500,000,000: Provided further, That during fiscal year 
2008 commitments to guarantee loans for debentures under section 303(b) 
of the Small Business Investment Act of 1958, shall not exceed 
$3,000,000,000: Provided further, That during fiscal year 2008, 
guarantees of trust certificates authorized by section 5(g) of the 
Small Business Act shall not exceed a principal amount of 
$12,000,000,000. In addition, for administrative expenses to carry out 
the direct and guaranteed loan programs, $135,414,000, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses.

        administrative provisions--small business administration


                      (including transfer of funds)

    Sec. 530. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 610 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 531. All disaster loans issued in Alaska or North Dakota shall 
be administered by the Small Business Administration and shall not be 
sold during fiscal year 2008.
    Sec. 532. (a) Funds made available under section 613 of Public Law 
109-108 (119 Stat. 2338) for Nevada's Commission on Economic 
Development shall be made available to the Nevada Center for 
Entrepreneurship and Technology (CET).
    (b) Funds made available under section 613 of Public Law 109-108 
for the Chattanooga Enterprise Center shall be made available to the 
University of Tennessee at Chattanooga.
    Sec. 533. Public Law 110-28 (121 Stat. 155) is amended in the 
second paragraph of chapter 4 of title IV by inserting before 
``$25,000,000'' the phrase ``up to''.
    Sec. 534. For an additional amount under the heading ``Small 
Business Administration, Salaries and Expenses'', $69,451,000, to 
remain available until September 30, 2009, shall be for initiatives 
related to small business development and entrepreneurship, including 
programmatic and construction activities: Provided, That amounts made 
available under this section shall be provided in accordance with the 
terms and conditions as specified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                      United States Postal Service


                    Payment to the Postal Service Fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $117,864,000, of which 
$88,864,000 shall not be available for obligation until October 1, 
2008: Provided, That mail for overseas voting and mail for the blind 
shall continue to be free: Provided further, That 6-day delivery and 
rural delivery of mail shall continue at not less than the 1983 level: 
Provided further, That none of the funds made available to the Postal 
Service by this Act shall be used to implement any rule, regulation, or 
policy of charging any officer or employee of any State or local child 
support enforcement agency, or any individual participating in a State 
or local program of child support enforcement, a fee for information 
requested or provided concerning an address of a postal customer: 
Provided further, That none of the funds provided in this Act shall be 
used to consolidate or close small rural and other small post offices 
in fiscal year 2008.

                        United States Tax Court


                          Salaries and Expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $45,326,000: Provided, That 
travel expenses of the judges shall be paid upon the written 
certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601. Such sums as may be necessary for fiscal year 2008 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 602. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 603. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 604. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 605. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 606. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).
    Sec. 607. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 608. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 609. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 610. Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2008, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates or reorganizes offices, programs, or 
activities unless prior approval is received from the House and Senate 
Committees on Appropriations: Provided, That prior to any significant 
reorganization or restructuring of offices, programs, or activities, 
each agency or entity funded in this Act shall consult with the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided further, That not later than 60 days after the date of 
enactment of this Act, each agency funded by this Act shall submit a 
report to the Committees on Appropriations of the Senate and of the 
House of Representatives to establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal year: 
Provided further, That the report shall include: (1) a table for each 
appropriation with a separate column to display the President's budget 
request, adjustments made by Congress, adjustments due to enacted 
rescissions, if appropriate, and the fiscal year enacted level; (2) a 
delineation in the table for each appropriation both by object class 
and program, project, and activity as detailed in the budget appendix 
for the respective appropriation; and (3) an identification of items of 
special congressional interest: Provided further, That the amount 
appropriated or limited for salaries and expenses for an agency shall 
be reduced by $100,000 per day for each day after the required date 
that the report has not been submitted to the Congress.
    Sec. 611. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2008 from appropriations made available for salaries 
and expenses for fiscal year 2008 in this Act, shall remain available 
through September 30, 2009, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 612. None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
        (1) such individual has given his or her express written 
    consent for such request not more than 6 months prior to the date 
    of such request and during the same presidential administration; or
        (2) such request is required due to extraordinary circumstances 
    involving national security.
    Sec. 613. The cost accounting standards promulgated under section 
26 of the Office of Federal Procurement Policy Act (Public Law 93-400; 
41 U.S.C. 422) shall not apply with respect to a contract under the 
Federal Employees Health Benefits Program established under chapter 89 
of title 5, United States Code.
    Sec. 614. For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 615. No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection with 
any health plan under the Federal employees health benefits program 
which provides any benefits or coverage for abortions.
    Sec. 616. The provision of section 615 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 617. Notwithstanding any other provision of law, for fiscal 
years 2008 and 2009, neither the Board of Governors of the Federal 
Reserve System nor the Secretary of the Treasury may determine, by 
rule, regulation, order, or otherwise, for the purposes of section 4(K) 
of the Bank Holding Company Act of 1956, or section 5136A of the 
Revised Statutes of the United States, that real estate brokerage 
activity or real estate management activity (which for purposes of this 
paragraph shall be defined to mean ``real estate brokerage'' and 
``property management'' respectively, as those terms were understood by 
the Federal Reserve Board prior to March 11, 2000) is an activity that 
is financial in nature, is incidental to any financial activity, or is 
complementary to a financial activity. For purposes of this paragraph, 
``real estate brokerage activity'' shall mean ``real estate 
brokerage'', and ``real estate management activity'' shall mean 
``property management'' as those terms were understood by the Federal 
Reserve Board prior to March 11, 2000.
    Sec. 618. In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code), that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(12)).
    Sec. 619. Notwithstanding section 10(b) of the Harry S Truman 
Memorial Scholarship Act (20 U.S.C. 2009(b)), hereafter, at the request 
of the Board of Trustees of the Harry S Truman Scholarship Foundation, 
it shall be the duty of the Secretary of the Treasury to invest in full 
the amounts appropriated and contributed to the Harry S Truman Memorial 
Scholarship Trust Fund, as provided in such section. All requests of 
the Board of Trustees to the Secretary provided for in this section 
shall be binding on the Secretary.
    Sec. 620. Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the 
purpose of enabling an officer or employee to attend and participate in 
any meeting or similar function relating to the official duties of the 
officer or employee when the entity offering payment or reimbursement 
is a person or entity subject to regulation by such agency or 
commission, or represents a person or entity subject to regulation by 
such agency or commission, unless the person or entity is an 
organization exempt from taxation pursuant to section 501(c)(3) of the 
Internal Revenue Code of 1986.
    Sec. 621. None of the funds made available by this Act may be used 
by the Federal Communications Commission to implement the Fairness 
Doctrine, as repealed in General Fairness Doctrine Obligations of 
Broadcast Licensees (50 Fed. Reg. 35418 (1985)), or any other 
regulations having the same substance.
    Sec. 622. Section 5112 of title 31, United States Code, is amended 
by adding at the end the following new subsection:
    ``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring 
the District of Columbia and Each of the Territories.--
        ``(1) Redesign in 2009.--
            ``(A) In general.--Notwithstanding the fourth sentence of 
        subsection (d)(1) and subsection (d)(2) and subject to 
        paragraph (6)(B), quarter dollar coins issued during 2009, 
        shall have designs on the reverse side selected in accordance 
        with this subsection which are emblematic of the District of 
        Columbia and the territories.
            ``(B) Flexibility with regard to placement of 
        inscriptions.--Notwithstanding subsection (d)(1), the Secretary 
        may select a design for quarter dollars issued during 2009 in 
        which--
                ``(i) the inscription described in the second sentence 
            of subsection (d)(1) appears on the reverse side of any 
            such quarter dollars; and
                ``(ii) any inscription described in the third sentence 
            of subsection (d)(1) or the designation of the value of the 
            coin appears on the obverse side of any such quarter 
            dollars.
            ``(2) Single district or territory design.--The design on 
        the reverse side of each quarter dollar issued during 2009 
        shall be emblematic of one of the following: The District of 
        Columbia, the Commonwealth of Puerto Rico, Guam, American 
        Samoa, the United States Virgin Islands, and the Commonwealth 
        of the Northern Mariana Islands.
            ``(3) Selection of design.--
                ``(A) In general.--Each of the 6 designs required under 
            this subsection for quarter dollars shall be--

                    ``(i) selected by the Secretary after consultation 
                with--

                        ``(I) the chief executive of the District of 
                    Columbia or the territory being honored, or such 
                    other officials or group as the chief executive 
                    officer of the District of Columbia or the 
                    territory may designate for such purpose; and
                        ``(II) the Commission of Fine Arts; and
                        ``(ii) reviewed by the Citizens Coinage 
                    Advisory Committee.
                ``(B) Selection and approval process.--Designs for 
            quarter dollars may be submitted in accordance with the 
            design selection and approval process developed by the 
            Secretary in the sole discretion of the Secretary.
                ``(C) Participation.--The Secretary may include 
            participation by District or territorial officials, artists 
            from the District of Columbia or the territory, engravers 
            of the United States Mint, and members of the general 
            public.
                ``(D) Standards.--Because it is important that the 
            Nation's coinage and currency bear dignified designs of 
            which the citizens of the United States can be proud, the 
            Secretary shall not select any frivolous or inappropriate 
            design for any quarter dollar minted under this subsection.
                ``(E) Prohibition on certain representations.--No head 
            and shoulders portrait or bust of any person, living or 
            dead, and no portrait of a living person may be included in 
            the design of any quarter dollar under this subsection.
        ``(4) Treatment as numismatic items.--For purposes of sections 
    5134 and 5136, all coins minted under this subsection shall be 
    considered to be numismatic items.
        ``(5) Issuance.--
            ``(A) Quality of coins.--The Secretary may mint and issue 
        such number of quarter dollars of each design selected under 
        paragraph (4) in uncirculated and proof qualities as the 
        Secretary determines to be appropriate.
            ``(B) Silver coins.--Notwithstanding subsection (b), the 
        Secretary may mint and issue such number of quarter dollars of 
        each design selected under paragraph (4) as the Secretary 
        determines to be appropriate, with a content of 90 percent 
        silver and 10 percent copper.
            ``(C) Timing and order of issuance.--Coins minted under 
        this subsection honoring the District of Columbia and each of 
        the territories shall be issued in equal sequential intervals 
        during 2009 in the following order: the District of Columbia, 
        the Commonwealth of Puerto Rico, Guam, American Samoa, the 
        United States Virgin Islands, and the Commonwealth of the 
        Northern Mariana Islands.
        ``(6) Other provisions.--
            ``(A) Application in event of admission as a state.--If the 
        District of Columbia or any territory becomes a State before 
        the end of the 10-year period referred to in subsection (l)(1), 
        subsection (l)(7) shall apply, and this subsection shall not 
        apply, with respect to such State.
            ``(B) Application in event of independence.--If any 
        territory becomes independent or otherwise ceases to be a 
        territory or possession of the United States before quarter 
        dollars bearing designs which are emblematic of such territory 
        are minted pursuant to this subsection, this subsection shall 
        cease to apply with respect to such territory.
        ``(7) Territory defined.--For purposes of this subsection, the 
    term `territory' means the Commonwealth of Puerto Rico, Guam, 
    American Samoa, the United States Virgin Islands, and the 
    Commonwealth of the Northern Mariana Islands.''.
    Sec. 623. (a) In General.--Section 5112(n)(2) of title 31, United 
States Code, is amended--
        (1) in subparagraph (C)(i)--
            (A) by striking ``inscriptions'' and inserting 
        ``inscription''; and
            (B) by striking ``and `In God We Trust'''; and
        (2) by adding at the end the following new subparagraph:
            ``(F) Inscription of `in god we trust'.--The design on the 
        obverse or the reverse shall bear the inscription `In God We 
        Trust'.''.
    (b) Conforming Amendment.--Section 5112(r)(2) of title 31, United 
States Code, is amended--
        (1) in subparagraph (C)(i)--
            (A) by striking ``inscriptions'' and inserting 
        ``inscription''; and
            (B) by striking ``and `In God We Trust'''; and
        (2) by adding at the end the following new subparagraph:
            ``(E) Inscription of `in god we trust'.--The design on the 
        obverse or the reverse shall bear the inscription `In God We 
        Trust'.''.
    (c) Effective Date.--The change required by the amendments made by 
subsections (a) and (b) shall be put into effect by the Secretary of 
the Treasury as soon as is practicable after the date of enactment of 
this Act.
    Sec. 624. There is hereby appropriated $600,000, to remain 
available until expended, for the Christopher Columbus Fellowship 
Foundation, established by Section 423 of Public Law 102-281.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

    Sec. 701. Hereafter, funds appropriated in this or any other Act 
may be used to pay travel to the United States for the immediate family 
of employees serving abroad in cases of death or life threatening 
illness of said employee.
    Sec. 702. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2008 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 703. Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $12,888 except station wagons for which the maximum 
shall be $13,312: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 5 percent for 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Development, 
and Demonstration Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
    Sec. 704. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 705. Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person: (1) is a citizen of the United States; (2) is a person in the 
service of the United States on the date of the enactment of this Act 
who, being eligible for citizenship, has filed a declaration of 
intention to become a citizen of the United States prior to such date 
and is actually residing in the United States; (3) is a person who owes 
allegiance to the United States; (4) is an alien from Cuba, Poland, 
South Vietnam, the countries of the former Soviet Union, or the Baltic 
countries lawfully admitted to the United States for permanent 
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee 
paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992 
(Public Law 102-404): Provided, That for the purpose of this section, 
an affidavit signed by any such person shall be considered prima facie 
evidence that the requirements of this section with respect to his or 
her status have been complied with: Provided further, That any person 
making a false affidavit shall be guilty of a felony, and, upon 
conviction, shall be fined no more than $4,000 or imprisoned for not 
more than 1 year, or both: Provided further, That the above penal 
clause shall be in addition to, and not in substitution for, any other 
provisions of existing law: Provided further, That any payment made to 
any officer or employee contrary to the provisions of this section 
shall be recoverable in action by the Federal Government. This section 
shall not apply to citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the United 
States in a current defense effort, or to international broadcasters 
employed by the Broadcasting Board of Governors, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies.
    Sec. 706. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 707. In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
        (1) Acquisition, waste reduction and prevention, and recycling 
    programs as described in Executive Order No. 13101 (September 14, 
    1998), including any such programs adopted prior to the effective 
    date of the Executive order.
        (2) Other Federal agency environmental management programs, 
    including, but not limited to, the development and implementation 
    of hazardous waste management and pollution prevention programs.
        (3) Other employee programs as authorized by law or as deemed 
    appropriate by the head of the Federal agency.
    Sec. 708. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 709. Hereafter, no part of any appropriation contained in this 
or any other Act shall be paid to any person for the filling of any 
position for which he or she has been nominated after the Senate has 
voted not to approve the nomination of said person.
    Sec. 710. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 711. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a joint 
resolution duly adopted in accordance with the applicable law of the 
United States.
    Sec. 712. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for fiscal year 2008, by this or any other Act, may 
be used to pay any prevailing rate employee described in section 
5342(a)(2)(A) of title 5, United States Code--
        (1) during the period from the date of expiration of the 
    limitation imposed by the comparable section for previous fiscal 
    years until the normal effective date of the applicable wage survey 
    adjustment that is to take effect in fiscal year 2008, in an amount 
    that exceeds the rate payable for the applicable grade and step of 
    the applicable wage schedule in accordance with such section; and
        (2) during the period consisting of the remainder of fiscal 
    year 2008, in an amount that exceeds, as a result of a wage survey 
    adjustment, the rate payable under paragraph (1) by more than the 
    sum of--
            (A) the percentage adjustment taking effect in fiscal year 
        2008 under section 5303 of title 5, United States Code, in the 
        rates of pay under the General Schedule; and
            (B) the difference between the overall average percentage 
        of the locality-based comparability payments taking effect in 
        fiscal year 2008 under section 5304 of such title (whether by 
        adjustment or otherwise), and the overall average percentage of 
        such payments which was effective in the previous fiscal year 
        under such section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2007, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 2007, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 2007.
    (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the rate 
of salary or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 713. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Federal 
Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 to 
furnish or redecorate the office of such department head, agency head, 
officer, or employee, or to purchase furniture or make improvements for 
any such office, unless advance notice of such furnishing or 
redecoration is expressly approved by the Committees on Appropriations. 
For the purposes of this section, the term ``office'' shall include the 
entire suite of offices assigned to the individual, as well as any 
other space used primarily by the individual or the use of which is 
directly controlled by the individual.
    Sec. 714. Notwithstanding section 1346 of title 31, United States 
Code, or section 710 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 715. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 
3302 of title 5, United States Code, without a certification to the 
Office of Personnel Management from the head of the Federal department, 
agency, or other instrumentality employing the Schedule C appointee 
that the Schedule C position was not created solely or primarily in 
order to detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
        (1) the Central Intelligence Agency;
        (2) the National Security Agency;
        (3) the Defense Intelligence Agency;
        (4) the offices within the Department of Defense for the 
    collection of specialized national foreign intelligence through 
    reconnaissance programs;
        (5) the Bureau of Intelligence and Research of the Department 
    of State;
        (6) any agency, office, or unit of the Army, Navy, Air Force, 
    and Marine Corps, the Department of Homeland Security, the Federal 
    Bureau of Investigation and the Drug Enforcement Administration of 
    the Department of Justice, the Department of Transportation, the 
    Department of the Treasury, and the Department of Energy performing 
    intelligence functions; and
        (7) the Director of National Intelligence or the Office of the 
    Director of National Intelligence.
    Sec. 716. Hereafter, no department, agency, or instrumentality of 
the United States receiving appropriated funds under this or any other 
Act shall obligate or expend any such funds, unless such department, 
agency, or instrumentality has in place, and will continue to 
administer in good faith, a written policy designed to ensure that all 
of its workplaces are free from discrimination and sexual harassment 
and that all of its workplaces are not in violation of title VII of the 
Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), the Age 
Discrimination in Employment Act of 1967 (Public Law 90-202, 81 Stat. 
602), and the Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat. 
355).
    Sec. 717. No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
        (1) prohibits or prevents, or attempts or threatens to prohibit 
    or prevent, any other officer or employee of the Federal Government 
    from having any direct oral or written communication or contact 
    with any Member, committee, or subcommittee of the Congress in 
    connection with any matter pertaining to the employment of such 
    other officer or employee or pertaining to the department or agency 
    of such other officer or employee in any way, irrespective of 
    whether such communication or contact is at the initiative of such 
    other officer or employee or in response to the request or inquiry 
    of such Member, committee, or subcommittee; or
        (2) removes, suspends from duty without pay, demotes, reduces 
    in rank, seniority, status, pay, or performance or efficiency 
    rating, denies promotion to, relocates, reassigns, transfers, 
    disciplines, or discriminates in regard to any employment right, 
    entitlement, or benefit, or any term or condition of employment of, 
    any other officer or employee of the Federal Government, or 
    attempts or threatens to commit any of the foregoing actions with 
    respect to such other officer or employee, by reason of any 
    communication or contact of such other officer or employee with any 
    Member, committee, or subcommittee of the Congress as described in 
    paragraph (1).
    Sec. 718. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
        (1) does not meet identified needs for knowledge, skills, and 
    abilities bearing directly upon the performance of official duties;
        (2) contains elements likely to induce high levels of emotional 
    response or psychological stress in some participants;
        (3) does not require prior employee notification of the content 
    and methods to be used in the training and written end of course 
    evaluation;
        (4) contains any methods or content associated with religious 
    or quasi-religious belief systems or ``new age'' belief systems as 
    defined in Equal Employment Opportunity Commission Notice N-
    915.022, dated September 2, 1988; or
        (5) is offensive to, or designed to change, participants' 
    personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 719. No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act (governing disclosures of illegality, waste, fraud, 
abuse or public health or safety threats); the Intelligence Identities 
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures 
that could expose confidential Government agents); and the statutes 
which protect against disclosure that may compromise the national 
security, including sections 641, 793, 794, 798, and 952 of title 18, 
United States Code, and section 4(b) of the Subversive Activities Act 
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, 
rights, sanctions, and liabilities created by said Executive order and 
listed statutes are incorporated into this agreement and are 
controlling.'': Provided, That notwithstanding the preceding paragraph, 
a nondisclosure policy form or agreement that is to be executed by a 
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United 
States Government, may contain provisions appropriate to the particular 
activity for which such document is to be used. Such form or agreement 
shall, at a minimum, require that the person will not disclose any 
classified information received in the course of such activity unless 
specifically authorized to do so by the United States Government. Such 
nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress, or to an authorized official of an executive 
agency or the Department of Justice, that are essential to reporting a 
substantial violation of law.
    Sec. 720. No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
    Sec. 721. None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address 
to any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 722. None of the funds made available in this Act or any other 
Act may be used to provide any non-public information such as mailing 
or telephone lists to any person or any organization outside of the 
Federal Government without the approval of the Committees on 
Appropriations.
    Sec. 723. No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofor authorized by the Congress.
    Sec. 724. (a) In this section, the term ``agency''--
        (1) means an Executive agency, as defined under section 105 of 
    title 5, United States Code;
        (2) includes a military department, as defined under section 
    102 of such title, the Postal Service, and the Postal Regulatory 
    Commission; and
        (3) shall not include the Government Accountability Office.
    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 725. Notwithstanding 31 U.S.C. 1346 and section 710 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.
    Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the President's Management Council for overall management 
improvement initiatives, the Chief Financial Officers Council for 
financial management initiatives, the Chief Information Officers 
Council for information technology initiatives, the Chief Human Capital 
Officers Council for human capital initiatives, and the Chief 
Acquisition Officers Council for procurement initiatives): Provided 
further, That the total funds transferred or reimbursed shall not 
exceed $10,000,000: Provided further, That such transfers or 
reimbursements may only be made after 15 days following notification of 
the Committees on Appropriations by the Director of the Office of 
Management and Budget.
    Sec. 727. Notwithstanding any other provision of law, a woman may 
breastfeed her child at any location in a Federal building or on 
Federal property, if the woman and her child are otherwise authorized 
to be present at the location.
    Sec. 728. Notwithstanding section 1346 of title 31, United States 
Code, or section 710 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: Provided, 
That the Office of Management and Budget shall provide a report 
describing the budget of and resources connected with the National 
Science and Technology Council to the Committees on Appropriations, the 
House Committee on Science, and the Senate Committee on Commerce, 
Science, and Transportation 90 days after enactment of this Act.
    Sec. 729. Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: Provided, That this provision 
shall apply to direct payments, formula funds, and grants received by a 
State receiving Federal funds.
    Sec. 730. Section 403(f) of the Government Management Reform Act of 
1994 (31 U.S.C. 501 note; Public Law 103-356) is amended to read as 
follows:
    ``(f) Termination of Certain Authority.--The authority of the 
Secretary of Homeland Security to carry out a pilot program under this 
section shall terminate on October 1, 2008.''.
    Sec. 731. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
        (1) to collect, review, or create any aggregation of data, 
    derived from any means, that includes any personally identifiable 
    information relating to an individual's access to or use of any 
    Federal Government Internet site of the agency; or
        (2) to enter into any agreement with a third party (including 
    another government agency) to collect, review, or obtain any 
    aggregation of data, derived from any means, that includes any 
    personally identifiable information relating to an individual's 
    access to or use of any nongovernmental Internet site.
    (b) Exceptions.--The limitations established in subsection (a) 
shall not apply to--
        (1) any record of aggregate data that does not identify 
    particular persons;
        (2) any voluntary submission of personally identifiable 
    information;
        (3) any action taken for law enforcement, regulatory, or 
    supervisory purposes, in accordance with applicable law; or
        (4) any action described in subsection (a)(1) that is a system 
    security action taken by the operator of an Internet site and is 
    necessarily incident to providing the Internet site services or to 
    protecting the rights or property of the provider of the Internet 
    site.
    (c) Definitions.--For the purposes of this section:
        (1) The term ``regulatory'' means agency actions to implement, 
    interpret or enforce authorities provided in law.
        (2) The term ``supervisory'' means examinations of the agency's 
    supervised institutions, including assessing safety and soundness, 
    overall financial condition, management practices and policies and 
    compliance with applicable standards as provided in law.
    Sec. 732. (a) None of the funds appropriated by this Act may be 
used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
        (1) any of the following religious plans:
            (A) Personal Care's HMO; and
            (B) OSF HealthPlans, Inc.; and
        (2) any existing or future plan, if the carrier for the plan 
    objects to such coverage on the basis of religious beliefs.
    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require coverage 
of abortion or abortion-related services.
    Sec. 733. The Congress of the United States recognizes the United 
States Anti-Doping Agency (USADA) as the official anti-doping agency 
for Olympic, Pan American, and Paralympic sport in the United States.
    Sec. 734. Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies 
may be used by such departments and agencies, if consistent with Office 
of Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 735. Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel 
Management to add sections 300.311 through 300.316 to part 300 of title 
5 of the Code of Federal Regulations, published in the Federal 
Register, volume 68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative branch).
    Sec. 736. Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations, 
except that the Federal Law Enforcement Training Center is authorized 
to obtain the temporary use of additional facilities by lease, 
contract, or other agreement for training which cannot be accommodated 
in existing Center facilities.
    Sec. 737. (a) For fiscal year 2008, no funds shall be available for 
transfers or reimbursements to the E-Government initiatives sponsored 
by the Office of Management and Budget prior to 15 days following 
submission of a report to the Committees on Appropriations by the 
Director of the Office of Management and Budget and receipt of approval 
to transfer funds by the House and Senate Committees on Appropriations.
    (b) Hereafter, any funding request for a new or ongoing E-
Government initiative by any agency or agencies managing the 
development of an initiative shall include in justification materials 
submitted to the House and Senate Committees on Appropriations the 
information in subsection (d).
    (c) Hereafter, any funding request by any agency or agencies 
participating in the development of an E-Government initiative and 
contributing funding for the initiative shall include in justification 
materials submitted to the House and Senate Committees on 
Appropriations--
        (1) the amount of funding contributed to each initiative by 
    program office, bureau, or activity, as appropriate; and
        (2) the relevance of that use to that department or agency and 
    each bureau or office within, which is contributing funds.
    (d) The report in (a) and justification materials in (b) shall 
include at a minimum--
        (1) a description of each initiative including but not limited 
    to its objectives, benefits, development status, risks, cost 
    effectiveness (including estimated net costs or savings to the 
    government), and the estimated date of full operational capability;
        (2) the total development cost of each initiative by fiscal 
    year including costs to date, the estimated costs to complete its 
    development to full operational capability, and estimated annual 
    operations and maintenance costs; and
        (3) the sources and distribution of funding by fiscal year and 
    by agency and bureau for each initiative including agency 
    contributions to date and estimated future contributions by agency.
    (e) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the House 
and Senate Committees on Appropriations.
    Sec. 738. Notwithstanding section 1346 of title 31, United States 
Code, and section 710 of this Act and any other provision of law, the 
head of each appropriate executive department and agency shall transfer 
to or reimburse the Federal Aviation Administration, upon the direction 
of the Director of the Office of Management and Budget, funds made 
available by this or any other Act for the purposes described below, 
and shall submit budget requests for such purposes. These funds shall 
be administered by the Federal Aviation Administration, in consultation 
with the appropriate interagency groups designated by the Director and 
shall be used to ensure the uninterrupted, continuous operation of the 
Midway Atoll Airfield by the Federal Aviation Administration pursuant 
to an operational agreement with the Department of the Interior for the 
entirety of fiscal year 2008 and any period thereafter that precedes 
the enactment of the Financial Services and General Government 
Appropriations Act, 2009. The Director of the Office of Management and 
Budget shall mandate the necessary transfers after determining an 
equitable allocation between the appropriate executive departments and 
agencies of the responsibility for funding the continuous operation of 
the Midway Atoll Airfield based on, but not limited to, potential use, 
interest in maintaining aviation safety, and applicability to 
governmental operations and agency mission. The total funds transferred 
or reimbursed shall not exceed $6,000,000 for any twelve-month period. 
Such sums shall be sufficient to ensure continued operation of the 
airfield throughout the period cited above. Funds shall be available 
for operation of the airfield or airfield-related capital upgrades. The 
Director of the Office of Management and Budget shall notify the 
Committees on Appropriations of such transfers or reimbursements within 
15 days of this Act. Such transfers or reimbursements shall begin 
within 30 days of enactment of this Act.
    Sec. 739. (a) Requirement for Public-Private Competition.--
        (1) Notwithstanding any other provision of law, none of the 
    funds appropriated by this or any other Act shall be available to 
    convert to contractor performance an activity or function of an 
    executive agency that, on or after the date of enactment of this 
    Act, is performed by more than 10 Federal employees unless--
            (A) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (B) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers 
        for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the executive agency by an amount that equals 
        or exceeds the lesser of--
                (i) 10 percent of the most efficient organization's 
            personnel-related costs for performance of that activity or 
            function by Federal employees; or
                (ii) $10,000,000; and
            (C) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Federal Government 
        by--
                (i) not making an employer-sponsored health insurance 
            plan available to the workers who are to be employed in the 
            performance of that activity or function under the 
            contract;
                (ii) offering to such workers an employer-sponsored 
            health benefits plan that requires the employer to 
            contribute less towards the premium or subscription share 
            than the amount that is paid by the Federal Government for 
            health benefits for civilian employees under chapter 89 of 
            title 5, United States Code; or
                (iii) offering to such workers a retirement benefit 
            that in any year costs less than the annual retirement cost 
            factor applicable to Federal employees under chapter 84 of 
            title 5, United States Code.
        (2) This paragraph shall not apply to--
            (A) the Department of Defense;
            (B) section 44920 of title 49, United States Code;
            (C) a commercial or industrial type function that--
                (i) is included on the procurement list established 
            pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
            U.S.C. 47); or
                (ii) is planned to be converted to performance by a 
            qualified nonprofit agency for the blind or by a qualified 
            nonprofit agency for other severely handicapped individuals 
            in accordance with that Act;
            (D) depot contracts or contracts for depot maintenance as 
        provided in sections 2469 and 2474 of title 10, United States 
        Code; or
            (E) activities that are the subject of an ongoing 
        competition that was publicly announced prior to the date of 
        enactment of this Act.
    (b) Use of Public-Private Competition.--Nothing in Office of 
Management and Budget Circular A-76 shall prevent the head of an 
executive agency from conducting a public-private competition to 
evaluate the benefits of converting work from contract performance to 
performance by Federal employees in appropriate instances. The Circular 
shall provide procedures and policies for these competitions that are 
similar to those applied to competitions that may result in the 
conversion of work from performance by Federal employees to performance 
by a contractor.
    (c) Bid Protests by Federal Employees in Actions Under Office of 
Management and Budget Circular A-76.--
        (1) Eligibility to protest.--
            (A) Section 3551(2) of title 31, United States Code, is 
        amended to read as follows:
        ``(2) The term `interested party'--
            ``(A) with respect to a contract or a solicitation or other 
        request for offers described in paragraph (1), means an actual 
        or prospective bidder or offeror whose direct economic interest 
        would be affected by the award of the contract or by failure to 
        award the contract; and
            ``(B) with respect to a public-private competition 
        conducted under Office of Management and Budget Circular A-76 
        regarding performance of an activity or function of a Federal 
        agency, or a decision to convert a function performed by 
        Federal employees to private sector performance without a 
        competition under OMB Circular A-76, includes--
                ``(i) any official who submitted the agency tender in 
            such competition; and
                ``(ii) any one person who, for the purpose of 
            representing them in a protest under this subchapter that 
            relates to such competition, has been designated as their 
            agent by a majority of the employees of such Federal agency 
            who are engaged in the performance of such activity or 
            function.''.
            (B)(i) Subchapter V of chapter 35 of such title is amended 
        by adding at the end the following new section:

``Sec. 3557. Expedited action in protests for public-private 
            competitions

    ``For protests in cases of public-private competitions conducted 
under Office of Management and Budget Circular A-76 regarding 
performance of an activity or function of Federal agencies, the 
Comptroller General shall administer the provisions of this subchapter 
in a manner best suited for expediting final resolution of such 
protests and final action in such competitions.''.
            (ii) The chapter analysis at the beginning of such chapter 
        is amended by inserting after the item relating to section 3556 
        the following new item:

``3557. Expedited action in protests for public-private competitions''.

        (2) Right to intervene in civil action.--Section 1491(b) of 
    title 28, United States Code, is amended by adding at the end the 
    following new paragraph:
    ``(5) If a private sector interested party commences an action 
described in paragraph (1) in the case of a public-private competition 
conducted under Office of Management and Budget Circular A-76 regarding 
performance of an activity or function of a Federal agency, or a 
decision to convert a function performed by Federal employees to 
private sector performance without a competition under Office of 
Management and Budget Circular A-76, then an official or person 
described in section 3551(2)(B) of title 31 shall be entitled to 
intervene in that action.''.
        (3) Applicability.--Subparagraph (B) of section 3551(2) of 
    title 31, United States Code (as added by paragraph (1)), and 
    paragraph (5) of section 1491(b) of title 28, United States Code 
    (as added by paragraph (2)), shall apply to--
            (A) protests and civil actions that challenge final 
        selections of sources of performance of an activity or function 
        of a Federal agency that are made pursuant to studies initiated 
        under Office of Management and Budget Circular A-76 on or after 
        January 1, 2004; and
            (B) any other protests and civil actions that relate to 
        public-private competitions initiated under Office of 
        Management and Budget Circular A-76, or a decision to convert a 
        function performed by Federal employees to private sector 
        performance without a competition under Office of Management 
        and Budget Circular A-76, on or after the date of the enactment 
        of this Act.
    (d) Limitation.--(1) None of the funds available in this Act may be 
used--
        (A) by the Office of Management and Budget to direct or require 
    another agency to take an action specified in paragraph (2); or
        (B) by an agency to take an action specified in paragraph (2) 
    as a result of direction or requirement from the Office of 
    Management and Budget.
    (2) An action specified in this paragraph is the preparation for, 
undertaking, continuation of, or completion of a public-private 
competition or direct conversion under Office of Management and Budget 
Circular A-76 or any other administrative regulation, directive, or 
policy.
    (e) Applicability.--This section shall apply with respect to fiscal 
year 2008 and each succeeding fiscal year.
    Sec. 740. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 2008 
under sections 5303 and 5304 of title 5, United States Code, shall be 
an increase of 3.5 percent, and this adjustment shall apply to civilian 
employees in the Department of Homeland Security and shall apply to 
civilian employees in the Department of Defense who are represented by 
a labor organization as defined in 5 U.S.C. 7103(a)(4), and such 
adjustments shall be effective as of the first day of the first 
applicable pay period beginning on or after January 1, 2008. Civilian 
employees in the Department of Defense who are eligible to be 
represented by a labor organization as defined in 5 U.S.C. 7103(a)(4), 
but are not so represented, will receive the adjustment provided for in 
this section unless the positions are entitled to a pay adjustment 
under 5 U.S.C. 9902.
    (b) Notwithstanding section 712 of this Act, the adjustment in 
rates of basic pay for the statutory pay systems that take place in 
fiscal year 2008 under sections 5344 and 5348 of title 5, United States 
Code, shall be no less than the percentage in paragraph (a) as 
employees in the same location whose rates of basic pay are adjusted 
pursuant to the statutory pay systems under section 5303 and 5304 of 
title 5, United States Code. Prevailing rate employees at locations 
where there are no employees whose pay is increased pursuant to 
sections 5303 and 5304 of title 5 and prevailing rate employees 
described in section 5343(a)(5) of title 5 shall be considered to be 
located in the pay locality designated as ``Rest of US'' pursuant to 
section 5304 of title 5 for purposes of this paragraph.
    (c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or agency 
for salaries and expenses for fiscal year 2008.
    Sec. 741. Unless otherwise authorized by existing law, none of the 
funds provided in this Act or any other Act may be used by an executive 
branch agency to produce any prepackaged news story intended for 
broadcast or distribution in the United States, unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.
    Sec. 742. (a) None of the funds made available in this Act may be 
used in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act) and regulations implementing that 
section.
    (b) Section 522 of division H of the Consolidated Appropriations 
Act, 2005 (Public Law 108-447; 118 Stat. 3268; 5 U.S.C. 552a note) is 
amended by striking subsection (d) and inserting the following:
    ``(d) Inspector General Review.--The Inspector General of each 
agency shall periodically conduct a review of the agency's 
implementation of this section and shall report the results of its 
review to the Committees on Appropriations of the House of 
Representatives and the Senate, the House Committee on Oversight and 
Government Reform, and the Senate Committee on Homeland Security and 
Governmental Affairs. The report required by this review may be 
incorporated into a related report to Congress otherwise required by 
law including, but not limited to, 44 U.S.C. 3545, the Federal 
Information Security Management Act of 2002. The Inspector General may 
contract with an independent, third party organization to conduct the 
review.''.
    Sec. 743. Each executive department and agency shall evaluate the 
creditworthiness of an individual before issuing the individual a 
government travel charge card. Such evaluations for individually-billed 
travel charge cards shall include an assessment of the individual's 
consumer report from a consumer reporting agency as those terms are 
defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That section 604(a)(3) of such Act shall be amended by 
adding to the end the following:
            ``(G) executive departments and agencies in connection with 
        the issuance of government-sponsored individually-billed travel 
        charge cards.'':
Provided further, That the department or agency may not issue a 
government travel charge card to an individual that either lacks a 
credit history or is found to have an unsatisfactory credit history as 
a result of this evaluation: Provided further, That this restriction 
shall not preclude issuance of a restricted-use charge, debit, or 
stored value card made in accordance with agency procedures to: (1) an 
individual with an unsatisfactory credit history where such card is 
used to pay travel expenses and the agency determines there is no 
suitable alternative payment mechanism available before issuing the 
card; or (2) an individual who lacks a credit history. Each executive 
department and agency shall establish guidelines and procedures for 
disciplinary actions to be taken against agency personnel for improper, 
fraudulent, or abusive use of government charge cards, which shall 
include appropriate disciplinary actions for use of charge cards for 
purposes, and at establishments, that are inconsistent with the 
official business of the Department or agency or with applicable 
standards of conduct.
    Sec. 744. Crosscut Budget. (a) Definitions.--For purposes of this 
section the following definitions apply:
        (1) Great lakes.--The terms ``Great Lakes'' and ``Great Lakes 
    State'' have the same meanings as such terms have in section 506 of 
    the Water Resources Development Act of 2000 (42 U.S.C. 1962d-22).
        (2) Great lakes restoration activities.--The term ``Great Lakes 
    restoration activities'' means any Federal or State activity 
    primarily or entirely within the Great Lakes watershed that seeks 
    to improve the overall health of the Great Lakes ecosystem.
    (b) Report.--Not later than 30 days after submission of the budget 
of the President to Congress, the Director of the Office of Management 
and Budget, in coordination with the Governor of each Great Lakes State 
and the Great Lakes Interagency Task Force, shall submit to the 
appropriate authorizing and appropriating committees of the Senate and 
the House of Representatives a financial report, certified by the 
Secretary of each agency that has budget authority for Great Lakes 
restoration activities, containing--
        (1) an interagency budget crosscut report that--
            (A) displays the budget proposed, including any planned 
        interagency or intra-agency transfer, for each of the Federal 
        agencies that carries out Great Lakes restoration activities in 
        the upcoming fiscal year, separately reporting the amount of 
        funding to be provided under existing laws pertaining to the 
        Great Lakes ecosystem; and
            (B) identifies all expenditures since fiscal year 2004 by 
        the Federal Government and State governments for Great Lakes 
        restoration activities;
        (2) a detailed accounting of all funds received and obligated 
    by all Federal agencies and, to the extent available, State 
    agencies using Federal funds, for Great Lakes restoration 
    activities during the current and previous fiscal years;
        (3) a budget for the proposed projects (including a description 
    of the project, authorization level, and project status) to be 
    carried out in the upcoming fiscal year with the Federal portion of 
    funds for activities; and
        (4) a listing of all projects to be undertaken in the upcoming 
    fiscal year with the Federal portion of funds for activities.
    Sec. 745. (a) In General.--None of the funds appropriated or 
otherwise made available by this or any other Act may be used for any 
Federal Government contract with any foreign incorporated entity which 
is treated as an inverted domestic corporation under section 835(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary 
of such an entity.
    (b) Waivers.--
        (1) In general.--Any Secretary shall waive subsection (a) with 
    respect to any Federal Government contract under the authority of 
    such Secretary if the Secretary determines that the waiver is 
    required in the interest of national security.
        (2) Report to congress.--Any Secretary issuing a waiver under 
    paragraph (1) shall report such issuance to Congress.
    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 746. (a) Each executive department and agency shall establish 
and maintain on the homepage of its website, an obvious, direct link to 
the website of its respective Inspector General.
    (b) Each Office of Inspector General shall: (1) post on its website 
any public report or audit or portion of any report or audit issued 
within one day of its release; (2) provide a service on its website to 
allow an individual to request automatic receipt of information 
relating to any public report or audit or portion of that report or 
audit and which permits electronic transmittal of the information, or 
notice of the availability of the information without further request; 
and (3) establish and maintain a direct link on its website for 
individuals to anonymously report waste, fraud and abuse.
    Sec. 747. (a) None of the funds available under this or any other 
Act may be used to carry out a public-private competition or direct 
conversion under Office of Management and Budget (OMB) Circular A-76, 
or any successor regulation, directive or policy, relating to the Human 
Resources Lines of Business initiative until 60 days after the Director 
of the Office of Management and Budget submits to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the use of public-private competitions and direct conversion to 
contractor performance as part of the Human Resources Lines of Business 
initiative.
    (b) The report required by this section shall address the 
following:
        (1) The role, if any, that public-private competitions under 
    Circular A-76 or direct conversions to contractor performance are 
    expected to play as part of the Human Resources Lines of Business 
    initiative.
        (2) The expected impact, if any, of the initiative on 
    employment levels at the Federal agencies involved or across the 
    Federal Government as a whole.
        (3) An estimate of the annual and recurring savings the 
    initiative is expected to generate and a description of the 
    methodology used to derive that estimate.
        (4) An estimate of the total transition costs attributable to 
    the initiative.
        (5) Guidance for use by agencies in evaluating the benefits of 
    the initiative and in developing alternative strategies should 
    expected benefits fail to materialize.
    (c) The Director of the Office of Management and Budget shall 
provide a copy of the report to the Government Accountability Office at 
the same time the report is submitted to the Committees on 
Appropriations of the House of Representatives and the Senate. The 
Government Accountability Office shall review the report and brief the 
Committees on its views concerning the report within 45 days after 
receiving the report from the Director.
    Sec. 748. No later than 180 days after enactment of this Act, the 
Office of Management and Budget shall establish a pilot program to 
develop and implement an inventory to track the cost and size (in 
contractor manpower equivalents) of service contracts, particularly 
with respect to contracts that have been performed poorly by a 
contractor because of excessive costs or inferior quality, as 
determined by a contracting officer within the last five years, involve 
inherently governmental functions, or were undertaken without 
competition. The pilot program shall be established in at least three 
Cabinet-level departments, based on varying levels of annual 
contracting for services, as reported by the Federal Procurement Data 
System's Federal Procurement Report for fiscal year 2005, including at 
least one Cabinet-level department that contracts out annually for 
$10,000,000,000 or more in services, at least one Cabinet-level 
department that contracts out annually for between $5,000,000,000 and 
$9,000,000,000 in services, and at least one Cabinet-level department 
that contracts out annually for under $5,000,000,000 in services.
    Sec. 749. Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such 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.
    Sec. 804. (a) None of the Federal funds provided in this Act shall 
be used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
title to carry out lobbying activities on any matter.
    Sec. 805. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2008, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
        (1) creates new programs;
        (2) eliminates a program, project, or responsibility center;
        (3) establishes or changes allocations specifically denied, 
    limited or increased under this Act;
        (4) increases funds or personnel by any means for any program, 
    project, or responsibility center for which funds have been denied 
    or restricted;
        (5) reestablishes any program or project previously deferred 
    through reprogramming;
        (6) augments any existing program, project, or responsibility 
    center through a reprogramming of funds in excess of $3,000,000 or 
    10 percent, whichever is less; or
        (7) increases by 20 percent or more personnel assigned to a 
    specific program, project or responsibility center,
unless in the case of Federal funds, the Committees on Appropriations 
of the House of Representatives and Senate are notified in writing 15 
days in advance of the reprogramming and in the case of local funds, 
the Committees on Appropriations of the House of Representatives and 
Senate are provided summary reports on April 1, 2008 and October 1, 
2008, setting forth detailed information regarding each such local 
funds reprogramming conducted subject to this subsection.
    (b) None 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 individual employed in an 
appointive or elective position with the District of Columbia 
government after December 7, 2004.
    Sec. 808. No later than 30 days after the end of the first quarter 
of fiscal year 2008, the Mayor of the District of Columbia shall submit 
to the Council of the District of Columbia and the Committees on 
Appropriations of the House of Representatives and Senate the new 
fiscal year 2008 revenue estimates as of the end of such quarter. These 
estimates shall be used in the budget request for fiscal year 2009. The 
officially revised estimates at midyear shall be used for the midyear 
report.
    Sec. 809. None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 810. None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 811. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and 
other grants received by the District government that are not reflected 
in the amounts appropriated in this Act.
    (b)(1) No such Federal, private, or other grant may be obligated, 
or expended pursuant to subsection (a) until--
        (A) the Chief Financial Officer of the District of Columbia 
    submits to the Council a report setting forth detailed information 
    regarding such grant; and
        (B) the Council has reviewed and approved the obligation, and 
    expenditure of such grant.
    (2) For purposes of paragraph (1)(B), the Council shall be deemed 
to have reviewed and approved the obligation, and expenditure of a 
grant if--
        (A) no written notice of disapproval is filed with the 
    Secretary of the Council within 14 calendar days of the receipt of 
    the report from the Chief Financial Officer under paragraph (1)(A); 
    or
        (B) if such a notice of disapproval is filed within such 
    deadline, the Council does not by resolution disapprove the 
    obligation, or expenditure of the grant within 30 calendar days of 
    the initial receipt of the report from the Chief Financial Officer 
    under paragraph (1)(A).
    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) The Chief Financial Officer of the District of Columbia may 
adjust the budget for Federal, private, and other grants received by 
the District government reflected in the amounts appropriated in this 
title, or approved and received under subsection (b)(2) to reflect a 
change in the actual amount of the grant.
    (e) The Chief Financial Officer of the District of Columbia shall 
prepare a quarterly report setting forth detailed information regarding 
all Federal, private, and other grants subject to this section. Each 
such report shall be submitted to the Council of the District of 
Columbia and to the Committees on Appropriations of the House of 
Representatives and Senate not later than 15 days after the end of the 
quarter covered by the report.
    Sec. 812. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--
        (1) an officer or employee of the Metropolitan Police 
    Department who resides in the District of Columbia or is otherwise 
    designated by the Chief of the Department;
        (2) at the discretion of the Fire Chief, an officer or employee 
    of the District of Columbia Fire and Emergency Medical Services 
    Department who resides in the District of Columbia and is on call 
    24 hours a day or is otherwise designated by the Fire Chief;
        (3) at the discretion of the Director of the Department of 
    Corrections, an officer or employee of the District of Columbia 
    Department of Corrections who resides in the District of Columbia 
    and is on call 24 hours a day or is otherwise designated by the 
    Director;
        (4) the Mayor of the District of Columbia; and
        (5) the Chairman of the Council of the District of Columbia.
    (b) The Chief Financial Officer of the District of Columbia shall 
submit by March 1, 2008, an inventory, as of September 30, 2007, of all 
vehicles owned, leased or operated by the District of Columbia 
government. The inventory shall include, but not be limited to, the 
department to which the vehicle is assigned; the year and make of the 
vehicle; the acquisition date and cost; the general condition of the 
vehicle; annual operating and maintenance costs; current mileage; and 
whether the vehicle is allowed to be taken home by a District officer 
or employee and if so, the officer or employee's title and resident 
location.
    Sec. 813. (a) None of the Federal funds contained in this Act may 
be used by the District of Columbia Corporation Counsel or any other 
officer or entity of the District government to provide assistance for 
any petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 814. None of the Federal funds contained in this Act may be 
used for any program of distributing sterile needles or syringes for 
the hypodermic injection of any illegal drug.
    Sec. 815. None of the funds contained in this Act may be used after 
the expiration of the 60-day period that begins on the date of the 
enactment of this Act to pay the salary of any chief financial officer 
of any office of the District of Columbia government (including any 
independent agency of the District of Columbia) who has not filed a 
certification with the Mayor and the Chief Financial Officer of the 
District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments made by this Act), including any 
duty to prepare a report requested either in the Act or in any of the 
reports accompanying the Act and the deadline by which each report must 
be submitted: Provided, That the Chief Financial Officer of the 
District of Columbia shall provide to the Committees on Appropriations 
of the House of Representatives and Senate by April 1, 2008 and October 
1, 2008, a summary list showing each report, the due date, and the date 
submitted to the Committees.
    Sec. 816. Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 817. The Mayor of the District of Columbia shall submit to the 
Committees on Appropriations of the House of Representatives and 
Senate, the Committee on Oversight and Government Reform of the House 
of Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate annual reports addressing--
        (1) crime, including the homicide rate, implementation of 
    community policing, the number of police officers on local beats, 
    and the closing down of open-air drug markets;
        (2) access to substance and alcohol abuse treatment, including 
    the number of treatment slots, the number of people served, the 
    number of people on waiting lists, and the effectiveness of 
    treatment programs;
        (3) management of parolees and pre-trial violent offenders, 
    including the number of halfway houses escapes and steps taken to 
    improve monitoring and supervision of halfway house residents to 
    reduce the number of escapes to be provided in consultation with 
    the Court Services and Offender Supervision Agency for the District 
    of Columbia;
        (4) education, including access to special education services 
    and student achievement to be provided in consultation with the 
    District of Columbia Public Schools and the District of Columbia 
    public charter schools;
        (5) improvement in basic District services, including rat 
    control and abatement;
        (6) application for and management of Federal grants, including 
    the number and type of grants for which the District was eligible 
    but failed to apply and the number and type of grants awarded to 
    the District but for which the District failed to spend the amounts 
    received; and
        (7) indicators of child well-being.
    Sec. 818. (a) No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer of the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia a revised 
appropriated funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant to section 442 
of the District of Columbia Home Rule Act (D.C. Official Code, 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) This section shall apply only to an agency where the Chief 
Financial Officer of the District of Columbia certifies that a 
reallocation is required to address unanticipated changes in program 
requirements.
    Sec. 819. (a) None of the funds contained in this Act may be made 
available to pay--
        (1) the fees of an attorney who represents a party in an action 
    or an attorney who defends an action brought against the District 
    of Columbia Public Schools under the Individuals with Disabilities 
    Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for that 
    action; or
        (2) the fees of an attorney or firm whom the Chief Financial 
    Officer of the District of Columbia determines to have a pecuniary 
    interest, either through an attorney, officer, or employee of the 
    firm, in any special education diagnostic services, schools, or 
    other special education service providers.
    (b) In this section, the term ``action'' includes an administrative 
proceeding and any ensuing or related proceedings before a court of 
competent jurisdiction.
    Sec. 820. The amount appropriated by this title may be increased by 
no more than $100,000,000 from funds identified in the comprehensive 
annual financial report as the District's fiscal year 2007 unexpended 
general fund surplus. The District may obligate and expend these 
amounts only in accordance with the following conditions:
        (1) The Chief Financial Officer of the District of Columbia 
    shall certify that the use of any such amounts is not anticipated 
    to have a negative impact on the District's long-term financial, 
    fiscal, and economic vitality.
        (2) The District of Columbia may only use these funds for the 
    following expenditures:
            (A) One-time expenditures.
            (B) Expenditures to avoid deficit spending.
            (C) Debt Reduction.
            (D) Program needs.
            (E) Expenditures to avoid revenue shortfalls.
        (3) The amounts shall be obligated and expended in accordance 
    with laws enacted by the Council in support of each such obligation 
    or expenditure.
        (4) The amounts may not be used to fund the agencies of the 
    District of Columbia government under court ordered receivership.
        (5) The amounts may not be obligated or expended unless the 
    Mayor notifies the Committees on Appropriations of the House of 
    Representatives and Senate not fewer than 30 days in advance of the 
    obligation or expenditure.
    Sec. 821. (a) To account for an unanticipated growth of revenue 
collections, the amount appropriated as District of Columbia Funds 
pursuant to this Act may be increased--
        (1) by an aggregate amount of not more than 25 percent, in the 
    case of amounts proposed to be allocated as ``Other-Type Funds'' in 
    the Fiscal Year 2008 Proposed Budget and Financial Plan submitted 
    to Congress by the District of Columbia; and
        (2) by an aggregate amount of not more than 6 percent, in the 
    case of any other amounts proposed to be allocated in such Proposed 
    Budget and Financial Plan.
    (b) The District of Columbia may obligate and expend any increase 
in the amount of funds authorized under this section only in accordance 
with the following conditions:
        (1) The Chief Financial Officer of the District of Columbia 
    shall certify--
            (A) the increase in revenue; and
            (B) that the use of the amounts is not anticipated to have 
        a negative impact on the long-term financial, fiscal, or 
        economic health of the District.
        (2) The amounts shall be obligated and expended in accordance 
    with laws enacted by the Council of the District of Columbia in 
    support of each such obligation and expenditure, consistent with 
    the requirements of this Act.
        (3) The amounts may not be used to fund any agencies of the 
    District government operating under court-ordered receivership.
        (4) The amounts may not be obligated or expended unless the 
    Mayor has notified the Committees on Appropriations of the House of 
    Representatives and Senate not fewer than 30 days in advance of the 
    obligation or expenditure.
    Sec. 822. The Chief Financial Officer for the District of Columbia 
may, for the purpose of cash flow management, conduct short-term 
borrowing from the emergency reserve fund and from the contingency 
reserve fund established under section 450A of the District of Columbia 
Home Rule Act (Public Law 98-198): Provided, That the amount borrowed 
shall not exceed 50 percent of the total amount of funds contained in 
both the emergency and contingency reserve funds at the time of 
borrowing: Provided further, That the borrowing shall not deplete 
either fund by more than 50 percent: Provided further, That 100 percent 
of the funds borrowed shall be replenished within 9 months of the time 
of the borrowing or by the end of the fiscal year, whichever occurs 
earlier: Provided further, That in the event that short-term borrowing 
has been conducted and the emergency or the contingency funds are later 
depleted below 50 percent as a result of an emergency or contingency, 
an amount equal to the amount necessary to restore reserve levels to 50 
percent of the total amount of funds contained in both the emergency 
and contingency reserve fund must be replenished from the amount 
borrowed within 60 days.
    Sec. 823. (a) None of the funds contained in this Act may be used 
to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols 
derivative.
    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 824. None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 825. (a) Direct Appropriation.--Section 307(a) of the District 
of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-
1607(a), D.C. Official Code) is amended by striking the first 2 
sentences and inserting the following: ``There are authorized to be 
appropriated to the Service in each fiscal year such funds as may be 
necessary to carry out this chapter.''.
    (b) Conforming Amendment.--Section 11233 of the Balanced Budget Act 
of 1997 (sec. 24-133, D.C. Official Code) is amended by striking 
subsection (f).
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to fiscal year 2008 and each succeeding fiscal year.
    Sec. 826. Amounts appropriated in this Act as operating funds may 
be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred shall retain appropriation 
authority consistent with the provisions of this Act.
    Sec. 827. In fiscal year 2008 and thereafter, amounts deposited in 
the Student Enrollment Fund shall be available for expenditure upon 
deposit and shall remain available until expended consistent with the 
terms detailed in ``The Student Funding Formula Assessment, Educational 
Data Warehouse, and Enrollment Fund Establishment Amendment Act of 
2007'' (title IV-D of D.C. Law L17-0020) and the entire provisions of 
that Act are incorporated herein by reference.
    Sec. 828. Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2008''.

  DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $97,353,000: Provided, That 
not to exceed $40,000 shall be for official reception and 
representation expenses: Provided further, That $15,000,000 shall not 
be available for obligation until the Secretary (1) certifies and 
reports to the Committees on Appropriations of the Senate and the House 
of Representatives that the Department has revised Departmental 
guidance with respect to relations with the Government Accountability 
Office to specifically provide for: (a) expedited timeframes for 
providing the Government Accountability Office with access to records 
within 20 days from the date of request; (b) expedited timeframes for 
interviews of program officials by the Government Accountability Office 
after reasonable notice has been furnished to the Department by the 
Government Accountability Office; and (c) a significant streamlining of 
the review process for documents and interview requests by liaisons, 
counsel, and program officials, consistent with the objective that the 
Government Accountability Office be given timely and complete access to 
documents and agency officials; and (2) defines in a memorandum to all 
Department employees the roles and responsibilities of the Department 
of Homeland Security Inspector General: Provided further, That the 
Secretary shall make the revisions to Departmental guidance with 
respect to relations with the Government Accountability Office in 
consultation with the Comptroller General of the United States and 
issue departmental guidance with respect to relations with the 
Department of Homeland Security Inspector General in consultation with 
the Inspector General: Provided further, That not more than 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 for Critical Information 
Processing and Storage: Provided, That none of the funds appropriated 
shall be used to support or supplement the appropriations provided for 
the United States Visitor and Immigrant Status Indicator Technology 
project or the Automated Commercial Environment: Provided further, That 
the Chief Information Officer shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, not more 
than 60 days after the date of enactment of this Act, an expenditure 
plan for all information technology acquisition projects that: (1) are 
funded under this heading; or (2) are funded by multiple components of 
the Department of Homeland Security through reimbursable agreements: 
Provided further, That such expenditure plan shall include each 
specific project funded, key milestones, all funding sources for each 
project, details of annual and lifecycle costs, and projected cost 
savings or cost avoidance to be achieved by the project.

                        Analysis and Operations


                     (including rescission of funds)

    For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain 
available until September 30, 2009, of which not to exceed $5,000 shall 
be for official reception and representation expenses: Provided, That 
of the amounts made available under this heading in Public Law 109-295, 
$8,700,000 are rescinded.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

    For necessary expenses of the Office of the Federal Coordinator for 
Gulf Coast Rebuilding, $2,700,000: Provided, That $1,000,000 shall not 
be available for obligation until the Committees on Appropriations of 
the Senate and the House of Representatives receive an expenditure plan 
for fiscal year 2008.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $92,711,000, of which not to exceed $150,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                          salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; purchase and 
lease of up to 4,500 (2,300 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$6,802,560,000, of which $3,093,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for 
official reception and representation expenses; of which not less than 
$226,740,000 shall be for Air and Marine Operations; of which 
$13,000,000 shall be used to procure commercially available technology 
in order to expand and improve the risk-based approach of the 
Department of Homeland Security to target and inspect cargo containers 
under the Secure Freight Initiative and the Global Trade Exchange; of 
which such sums as become available in the Customs User Fee Account, 
except sums subject to section 13031(f)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be 
derived from that account; of which not to exceed $150,000 shall be 
available for payment for rental space in connection with preclearance 
operations; and of which not to exceed $1,000,000 shall be for awards 
of compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security: Provided, That of 
the amount provided under this heading, $323,000,000 is designated as 
described in section 5 (in the matter preceding division A of this 
consolidated Act): Provided further, That for fiscal year 2008, the 
overtime limitation prescribed in section 5(c)(1) of the Act of 
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and 
notwithstanding any other provision of law, none of the funds 
appropriated by this Act may be available to compensate any employee of 
U.S. Customs and Border Protection for overtime, from whatever source, 
in an amount that exceeds such limitation, except in individual cases 
determined by the Secretary of Homeland Security, or the designee of 
the Secretary, to be necessary for national security purposes, to 
prevent excessive costs, or in cases of immigration emergencies: 
Provided further, That of the amount made available under this heading, 
$202,816,000 shall remain available until September 30, 2009, to 
support software development, equipment, contract services, and the 
implementation of inbound lanes and modification to vehicle primary 
processing lanes at ports of entry; of which $100,000 is to promote 
information and education exchange with nations friendly to the United 
States in order to promote sharing of best practices and technologies 
relating to homeland security, as authorized by section 879 of Public 
Law 107-296; and of which $75,000,000 may not be obligated until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a report not later than 120 days after the date 
of enactment of this Act on the preliminary results of testing of 
pilots at ports of entry used to develop and implement the plan 
required by section 7209(b)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), which 
includes the following information: (1) infrastructure and staffing 
required, with associated costs, by port of entry; (2) updated 
milestones for plan implementation; (3) a detailed explanation of how 
requirements of such section have been satisfied; (4) confirmation that 
a vicinity-read radio frequency identification card has been adequately 
tested to ensure operational success; and (5) a description of steps 
taken to ensure the integrity of privacy safeguards.


                         automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $476,609,000, to remain available until expended, of which not 
less than $316,969,000 shall be for the development of the Automated 
Commercial Environment: Provided, That of the total amount made 
available under this heading, $216,969,000 may not be obligated for the 
Automated Commercial Environment program until 30 days after the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a report on the results to date and plans for 
the program from the Department of Homeland Security that includes:
        (1) a detailed accounting of the program's progress up to the 
    date of the report in meeting prior commitments made to the 
    Committees relative to system capabilities or services, system 
    performance levels, mission benefits and outcomes, milestones, cost 
    targets, and program management capabilities;
        (2) an explicit plan of action defining how all funds are to be 
    obligated to meet future program commitments, with the planned 
    expenditure of funds linked to the milestone-based delivery of 
    specific capabilities, services, performance levels, mission 
    benefits and outcomes, and program management capabilities;
        (3) a listing of all open Government Accountability Office and 
    Office of Inspector General recommendations related to the program, 
    with the status of the Department's efforts to address the 
    recommendations, including milestones for fully addressing them;
        (4) a certification by the Chief Procurement Officer of the 
    Department that the program has been reviewed and approved in 
    accordance with the investment management process of the 
    Department, and that the process fulfills all capital planning and 
    investment control requirements and reviews established by the 
    Office of Management and Budget, including Circular A-11, part 7, 
    as well as supporting analyses generated by and used in the 
    Department's process;
        (5) a certification by the Chief Information Officer of the 
    Department that an independent validation and verification agent 
    has and will continue to actively review the program;
        (6) a certification by the Chief Information Officer of the 
    Department that the system architecture of the program is 
    sufficiently aligned with the information systems enterprise 
    architecture of the Department to minimize future rework, including 
    a description of all aspects of the architectures that were and 
    were not assessed in making the alignment determination, the date 
    of the alignment determination, any known areas of misalignment 
    along with the associated risks and corrective actions to address 
    any such areas;
        (7) a certification by the Chief Information Officer of the 
    Department that the program has a risk management process that 
    regularly and proactively identifies, evaluates, mitigates, and 
    monitors risks throughout the system life cycle, and communicates 
    high-risk conditions to U.S. Customs and Border Protection and 
    Department of Homeland Security investment decision makers, as well 
    as a listing of the program's high risks and the status of efforts 
    to address them;
        (8) a certification by the Chief Procurement Officer of the 
    Department that the plans for the program comply with the Federal 
    acquisition rules, requirements, guidelines, and practices, and a 
    description of the actions being taken to address areas of non-
    compliance, the risks associated with them along with any plans for 
    addressing these risks and the status of their implementation; and
        (9) a certification by the Chief Human Capital Officer of the 
    Department that the human capital needs of the program are being 
    strategically and proactively managed, and that current human 
    capital capabilities are sufficient to execute the plans discussed 
    in the report.


         Border Security Fencing, Infrastructure, and Technology

    For expenses for customs and border protection fencing, 
infrastructure, and technology, $1,225,000,000, to remain available 
until expended: Provided, That of the amount provided under this 
heading, $1,053,000,000 is designated as described in section 5 (in the 
matter preceding division A of this consolidated Act): Provided 
further, That of the amount provided under this heading, $650,000,000 
shall not be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives receive and approve a plan for 
expenditure, prepared by the Secretary of Homeland Security and 
submitted within 90 days after the date of enactment of this Act, for a 
program to establish a security barrier along the borders of the United 
States of fencing and vehicle barriers, where practicable, and other 
forms of tactical infrastructure and technology, that includes:
        (1) a detailed accounting of the program's progress to date 
    relative to system capabilities or services, system performance 
    levels, mission benefits and outcomes, milestones, cost targets, 
    program management capabilities, identification of the maximum 
    investment (including lifecycle costs) required by the Secure 
    Border Initiative network or any successor contract, and 
    description of the methodology used to obtain these cost figures;
        (2) a description of how activities will further the objectives 
    of the Secure Border Initiative, as defined in the Secure Border 
    Initiative multi-year strategic plan, and how the plan allocates 
    funding to the highest priority border security needs;
        (3) an explicit plan of action defining how all funds are to be 
    obligated to meet future program commitments, with the planned 
    expenditure of funds linked to the milestone-based delivery of 
    specific capabilities, services, performance levels, mission 
    benefits and outcomes, and program management capabilities;
        (4) an identification of staffing (including full-time 
    equivalents, contractors, and detailees) requirements by activity;
        (5) a description of how the plan addresses security needs at 
    the Northern Border and the ports of entry, including 
    infrastructure, technology, design and operations requirements;
        (6) a report on costs incurred, the activities completed, and 
    the progress made by the program in terms of obtaining operational 
    control of the entire border of the United States;
        (7) a listing of all open Government Accountability Office and 
    Office of Inspector General recommendations related to the program 
    and the status of Department of Homeland Security actions to 
    address the recommendations, including milestones to fully address 
    them;
        (8) a certification by the Chief Procurement Officer of the 
    Department that the program has been reviewed and approved in 
    accordance with the investment management process of the 
    Department, and that the process fulfills all capital planning and 
    investment control requirements and reviews established by the 
    Office of Management and Budget, including Circular A-11, part 7;
        (9) a certification by the Chief Information Officer of the 
    Department that the system architecture of the program is 
    sufficiently aligned with the information systems enterprise 
    architecture of the Department to minimize future rework, including 
    a description of all aspects of the architectures that were and 
    were not assessed in making the alignment determination, the date 
    of the alignment determination, and any known areas of misalignment 
    along with the associated risks and corrective actions to address 
    any such areas;
        (10) a certification by the Chief Procurement Officer of the 
    Department that the plans for the program comply with the Federal 
    acquisition rules, requirements, guidelines, and practices, and a 
    description of the actions being taken to address areas of non-
    compliance, the risks associated with them along with any plans for 
    addressing these risks, and the status of their implementation;
        (11) a certification by the Chief Information Officer of the 
    Department that the program has a risk management process that 
    regularly and proactively identifies, evaluates, mitigates, and 
    monitors risks throughout the system life cycle and communicates 
    high-risk conditions to U.S. Customs and Border Protection and 
    Department of Homeland Security investment 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 Department of Homeland 
    Security that an independent verification and validation agent is 
    currently under contract for the projects funded under this 
    heading; and
        (15) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on 
program progress to date and specific objectives to be achieved through 
the award of current and remaining task orders planned for the balance 
of available appropriations: (1) at least 30 days prior to the award of 
any task order requiring an obligation of funds in excess of 
$100,000,000; and (2) prior to the award of a task order that would 
cause cumulative obligations of funds to exceed 50 percent of the total 
amount appropriated: Provided further, That of the funds provided under 
this heading, not more than $2,000,000 shall be used to reimburse the 
Defense Acquisition University for the costs of conducting a review of 
the Secure Border Initiative network contract and determining how and 
whether the Department is employing the best procurement practices: 
Provided further, That none of the funds under this heading may be 
obligated for any project or activity for which the Secretary has 
exercised waiver authority pursuant to section 102(c) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note) until 15 days have elapsed from the date of the publication 
of the decision in the Federal Register.


  Air and Marine Interdiction, Operations, Maintenance, and Procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, and rental payments 
for facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include the following: the 
interdiction of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; and at the 
discretion of the Secretary of Homeland Security, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $570,047,000, to remain 
available until expended: Provided, That of the amount provided under 
this heading, $94,000,000 is designated as described in section 5 (in 
the matter preceding division A of this consolidated Act): Provided 
further, That no aircraft or other related equipment, with the 
exception of aircraft that are one of a kind and have been identified 
as excess to U.S. Customs and Border Protection requirements and 
aircraft that have been damaged beyond repair, shall be transferred to 
any other Federal agency, department, or office outside of the 
Department of Homeland Security during fiscal year 2008 without the 
prior approval of the Committees on Appropriations of the Senate and 
the House of Representatives.


                               Construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$348,363,000, to remain available until expended; of which $39,700,000 
shall be for the Advanced Training Center: Provided, That of the amount 
provided under this heading, $61,000,000 is designated as described in 
section 5 (in the matter preceding division A of this consolidated 
Act).

                U.S. Immigration and Customs Enforcement


                          Salaries and Expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$4,687,517,000, of which not to exceed $7,500,000 shall be available 
until expended for conducting special operations under section 3131 of 
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security; of which not less 
than $305,000 shall be for promotion of public awareness of the child 
pornography tipline and anti-child exploitation activities as requested 
by the President; of which not less than $5,400,000 shall be used to 
facilitate agreements consistent with section 287(g) of the Immigration 
and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed 
$11,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That of the amount 
provided under this heading, $516,400,000 is designated as described in 
section 5 (in the matter preceding division A of this consolidated 
Act): Provided further, That none of the funds made available under 
this heading shall be available to compensate any employee for overtime 
in an annual amount in excess of $35,000, except that the Secretary of 
Homeland Security, or the designee of the Secretary, may waive that 
amount as necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $15,770,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2008, of which not to exceed 
$6,000,000 shall remain available until expended: Provided further, 
That of the total amount provided, not less than $2,381,401,000 is for 
detention and removal operations: Provided further, That of the total 
amount provided, $200,000,000 shall remain available until September 
30, 2009, to improve and modernize efforts to identify aliens convicted 
of a crime, sentenced to imprisonment, and who may be deportable, and 
remove them from the United States once they are judged deportable: 
Provided further, That none of the funds made available to improve and 
modernize efforts to identify and remove aliens convicted of a crime, 
sentenced to imprisonment, and who may be deportable (in this proviso 
referred to as criminal aliens), and remove them from the United States 
once they are judged deportable, shall be obligated until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a plan for expenditure, prepared by the 
Secretary of Homeland Security and submitted within 90 days after the 
date of enactment of this Act, to modernize the policies and 
technologies used to identify and remove criminal aliens, that--
        (1) presents a strategy for U.S. Immigration and Customs 
    Enforcement to identify every criminal alien, at the prison, jail, 
    or correctional institution in which they are held;
        (2) establishes the process U.S. Immigration and Customs 
    Enforcement, in conjunction with the U.S. Department of Justice, 
    will use to make every reasonable effort to remove, upon their 
    release from custody, all criminal aliens judged deportable;
        (3) presents a methodology U.S. Immigration and Customs 
    Enforcement will use to identify and prioritize for removal 
    criminal aliens convicted of violent crimes;
        (4) defines the activities, milestones, and resources for 
    implementing the strategy and process described in sections (1) and 
    (2); and
        (5) includes program measurements for progress in implementing 
    the strategy and process described in sections (1) and (2):
Provided further, That the Secretary of Homeland Security or a designee 
of the Secretary shall report to the Committees on Appropriations of 
the Senate and the House of Representatives, at least quarterly, on 
progress implementing the expenditure plan required in the preceding 
proviso, and the funds obligated during that quarter to make that 
progress: Provided further, That the funding and staffing resources 
necessary to carry out the strategy and process described in sections 
(1) and (2) under this heading shall be identified in the President's 
fiscal year 2009 budget submission to Congress.


                        Federal Protective Service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives no later 
than December 31, 2007, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2008 through revenues and 
collection of security fees, and shall adjust the fees to ensure fee 
collections are sufficient to ensure the Federal Protective Service 
maintains, by July 31, 2008, not fewer than 1,200 full-time equivalent 
staff and 900 full-time equivalent Police Officers, Inspectors, Area 
Commanders, and Special Agents who, while working, are directly engaged 
on a daily basis protecting and enforcing laws at Federal buildings 
(referred to as ``in-service field staff'').


                         Automation Modernization

    For expenses of immigration and customs enforcement automated 
systems, $30,700,000, to remain available until expended: Provided, 
That of the funds made available under this heading, $5,000,000 shall 
not be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives receive a plan for expenditure 
prepared by the Secretary of Homeland Security.


                               construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$16,500,000, to remain available until expended: Provided, That of the 
amount provided under this heading, $10,500,000 is designated as 
described in section 5 (in the matter preceding division A of this 
consolidated Act): Provided further, That none of the funds made 
available in this Act may be used to solicit or consider any request to 
privatize facilities currently owned by the United States Government 
and used to detain illegal aliens until the Committees on 
Appropriations of the Senate and the House of Representatives receive a 
plan for carrying out that privatization.

                 Transportation Security Administration


                            Aviation Security

                      (including transfer of funds)

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,808,691,000, to remain 
available until September 30, 2009, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not to 
exceed $3,768,489,000 shall be for screening operations, of which 
$294,000,000 shall be available only for procurement and installation 
of checked baggage explosive detection systems; and not to exceed 
$1,009,977,000 shall be for aviation security direction and 
enforcement: Provided further, That security service fees authorized 
under section 44940 of title 49, United States Code, shall be credited 
to this appropriation as offsetting collections and shall be available 
only for aviation security: Provided further, That any funds collected 
and made available from aviation security fees pursuant to section 
44940(i) of title 49, United States Code, may, notwithstanding 
paragraph (4) of such section 44940(i), be expended for the purpose of 
improving screening at airport screening checkpoints, which may include 
the purchase and utilization of emerging technology equipment; the 
refurbishment and replacement of current equipment; the installation of 
surveillance systems to monitor checkpoint activities; the modification 
of checkpoint infrastructure to support checkpoint reconfigurations; 
and the creation of additional checkpoints to screen aviation 
passengers and airport personnel: Provided further, That of the amounts 
provided under this heading, $30,000,000 may be transferred to the 
``Surface Transportation Security''; ``Transportation Threat Assessment 
And Credentialing''; and ``Transportation Security Support'' 
appropriations in this Act for the purpose of implementing regulations 
and activities authorized in Implementing Recommendations of the 9/11 
Commission Act of 2007 (Public Law 110-53): Provided further, That the 
sum appropriated under this heading from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting collections are 
received during fiscal year 2008, so as to result in a final fiscal 
year appropriation from the general fund estimated at not more than 
$2,598,466,000: Provided further, That any security service fees 
collected in excess of the amount made available under this heading 
shall become available during fiscal year 2009: Provided further, That 
Members of the United States House of Representatives and United States 
Senate, including the leadership; and the heads of Federal agencies and 
commissions, including the Secretary, Under Secretaries, and Assistant 
Secretaries of the Department of Homeland Security; the United States 
Attorney General and Assistant Attorneys General and the United States 
attorneys; and senior members of the Executive Office of the President, 
including the Director of the Office of Management and Budget; shall 
not be exempt from Federal passenger and baggage screening.


                     Surface Transportation Security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation security 
activities, $46,613,000, to remain available until September 30, 2009.


            Transportation Threat Assessment and Credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $82,590,000, to remain available until September 30, 
2009: Provided, That if the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that the Secure 
Flight program does not need to check airline passenger names against 
the full terrorist watch list, then the Assistant Secretary shall 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives that no significant security risks are raised by 
screening airline passenger names only against a subset of the full 
terrorist watch list.


                     Transportation Security Support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $523,515,000, 
to remain available until September 30, 2009: Provided, That of the 
funds appropriated under this heading, $10,000,000 may not be obligated 
until the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives detailed 
expenditure plans for checkpoint support and explosive detection 
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2008; and a strategic plan required for 
checkpoint technologies as described in the joint explanatory statement 
of managers accompanying the fiscal year 2007 conference report (H. 
Rept. 109-699): Provided further, That these plans shall be submitted 
no later than 60 days after the date of enactment of this Act.


                           Federal Air Marshals

    For necessary expenses of the Federal Air Marshals, $769,500,000.

                              Coast Guard


                            operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; minor shore construction projects not exceeding $1,000,000 in 
total cost at any location; payments pursuant to section 156 of Public 
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $5,891,347,000, of which $340,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of 
which not to exceed $20,000 shall be for official reception and 
representation expenses; and of which $3,600,000 shall be for costs to 
plan and design an expansion to the Operations Systems Center subject 
to the approval of a prospectus: Provided, That none of the funds made 
available by this or any other Act shall be available for 
administrative expenses in connection with shipping commissioners in 
the United States: Provided further, That none of the funds made 
available by this Act shall be for expenses incurred for recreational 
vessels under section 12114 of title 46, United States Code, except to 
the extent fees are collected from yacht owners and credited to this 
appropriation: Provided further, That not to exceed 5 percent of this 
appropriation may be transferred to the ``Acquisition, Construction, 
and Improvements'' appropriation for personnel compensation and 
benefits and related costs to adjust personnel assignment to accelerate 
management and oversight of new or existing projects without 
detrimentally affecting the management and oversight of other projects: 
Provided further, That the amount made available for ``Personnel, 
Compensation, and Benefits'' in the ``Acquisition, Construction, and 
Improvements'' appropriation shall not be increased by more than 10 
percent by such transfers: Provided further, That the Committees on 
Appropriations of the Senate and the House of Representatives shall be 
notified of each transfer within 30 days after it is executed by the 
Treasury: Provided further, That of the amount provided under this 
heading, $70,300,000 is designated as described in section 5 (in the 
matter preceding division A of this consolidated Act).


                 environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the Coast Guard under chapter 19 of title 
14, United States Code, $13,000,000, to remain available until 
expended.


                             Reserve Training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $126,883,000.


               acquisition, construction, and improvements

                     (including rescissions of funds)

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,125,083,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $45,000,000 shall be available until 
September 30, 2012, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $173,100,000 shall be 
available until September 30, 2010, for other equipment; of which 
$40,997,000 shall be available until September 30, 2010, for shore 
facilities and aids to navigation facilities; of which $82,720,000 
shall be available for personnel compensation and benefits and related 
costs; and of which $783,266,000 shall be available until September 30, 
2012, for the Integrated Deepwater Systems program: Provided, That of 
the funds made available for the Integrated Deepwater Systems program, 
$327,416,000 is for aircraft and $243,400,000 is for surface ships: 
Provided further, That of the amount provided in the preceding proviso 
for aircraft, $70,000,000 may not be obligated for the Maritime Patrol 
Aircraft until the Commandant of the Coast Guard certifies that the 
mission system pallet Developmental Test and Evaluation of the HC-144A 
CASA Maritime Patrol Aircraft is complete: Provided further, That no 
funds shall be available for procurements related to the acquisition of 
additional major assets as part of the Integrated Deepwater Systems 
program not already under contract until an alternatives analysis has 
been completed by an independent qualified third party: Provided 
further, That $300,000,000 of the funds provided for the Integrated 
Deepwater Systems program may not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure directly from the Coast Guard that--
        (1) defines activities, milestones, yearly costs, and lifecycle 
    costs for each procurement of a major asset, including an 
    independent cost estimate for each;
        (2) identifies lifecycle staffing and training needs of Coast 
    Guard project managers and of procurement and contract staff;
        (3) identifies competition to be conducted in each procurement;
        (4) describes procurement plans that do not rely on a single 
    industry entity or contract;
        (5) includes a certification by the Chief Human Capital Officer 
    of the Department that current human capital capabilities are 
    sufficient to execute the plans discussed in the report;
        (6) contains very limited indefinite delivery/indefinite 
    quantity contracts and explains the need for any indefinite 
    delivery/indefinite quantity contracts;
        (7) identifies individual project balances by fiscal year, 
    including planned carryover into fiscal year 2009 by project;
        (8) identifies operational gaps by asset and explains how funds 
    provided in this Act address the shortfalls between current 
    operational capabilities and requirements;
        (9) includes a listing of all open Government Accountability 
    Office and Office of Inspector General recommendations related to 
    the program and the status of Coast Guard actions to address the 
    recommendations, including milestones for fully addressing them;
        (10) includes a certification by the Chief Procurement Officer 
    of the Department that the program has been reviewed and approved 
    in accordance with the investment management process of the 
    Department, and that the process fulfills all capital planning and 
    investment control requirements and reviews established by the 
    Office of Management and Budget, including Circular A-11, part 7;
        (11) identifies use of the Defense Contract Auditing Agency;
        (12) includes a certification by the head of contracting 
    activity for the Coast Guard and the Chief Procurement Officer of 
    the Department that the plans for the program comply with the 
    Federal acquisition rules, requirements, guidelines, and practices, 
    and a description of the actions being taken to address areas of 
    non-compliance, the risks associated with them along with plans for 
    addressing these risks, and the status of their implementation;
        (13) identifies the use of independent validation and 
    verification; and
        (14) is reviewed by the Government Accountability Office:
Provided further, That the Secretary of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives, in conjunction with the President's fiscal year 2009 
budget, a review of the Revised Deepwater Implementation Plan that 
identifies any changes to the plan for the fiscal year; an annual 
performance comparison of Deepwater assets to pre-Deepwater legacy 
assets; a status report of legacy assets; a detailed explanation of how 
the costs of legacy assets are being accounted for within the Deepwater 
program; and the earned value management system gold card data for each 
Deepwater asset: Provided further, That the Secretary shall submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives a comprehensive review of the Revised Deepwater 
Implementation Plan every five years, beginning in fiscal year 2011, 
that includes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 2027: 
Provided further, That the Secretary shall annually submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is submitted 
under section 1105(a) of title 31, United States Code, a future-years 
capital investment plan for the Coast Guard that identifies for each 
capital budget line item--
        (1) the proposed appropriation included in that budget;
        (2) the total estimated cost of completion;
        (3) projected funding levels for each fiscal year for the next 
    five fiscal years or until project completion, whichever is 
    earlier;
        (4) an estimated completion date at the projected funding 
    levels; and
        (5) changes, if any, in the total estimated cost of completion 
    or estimated completion date from previous future-years capital 
    investment plans submitted to the Committees on Appropriations of 
    the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified: Provided further, 
That of amounts made available under this heading in Public Laws 108-
334 and 109-90 for the Offshore Patrol Cutter, $98,627,476 are 
rescinded: Provided further, That of amounts made available under this 
heading in Public Law 108-334 for VTOL unmanned aerial vehicles (VUAV), 
$162,850 are rescinded: Provided further, That of amounts made 
available under this heading in Public Law 109-90 for unmanned air 
vehicles (UAVs), $32,942,138 are rescinded: Provided further, That of 
amounts made available under this heading in Public Law 109-295 for 
VTOL unmanned aerial vehicles (UAVs), $716,536 are rescinded: Provided 
further, That of the amount provided under this heading, $95,800,000 is 
designated as described in section 5 (in the matter preceding division 
A of this consolidated Act).


                          Alteration of Bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $16,000,000, to remain available until expended.


               Research, Development, Test, and Evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$25,000,000, to remain available until expended, of which $500,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries for expenses incurred for research, development, 
testing, and evaluation.


                               Retired Pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,184,720,000, to remain available until expended.

                      United States Secret Service


                          salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 645 vehicles for police-type use 
for replacement only, and hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; services of 
expert witnesses at such rates as may be determined by the Director of 
the Secret Service; rental of buildings in the District of Columbia, 
and fencing, lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may be 
necessary to perform protective functions; payment of per diem or 
subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee requires an 
employee to work 16 hours per day or to remain overnight at a post of 
duty; conduct of and participation in firearms matches; presentation of 
awards; travel of United States Secret Service employees on protective 
missions without regard to the limitations on such expenditures in this 
or any other Act if approval is obtained in advance from the Committees 
on Appropriations of the Senate and the House of Representatives; 
research and development; grants to conduct behavioral research in 
support of protective research and operations; and payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; $1,381,771,000, of which $853,690,000 is for protective 
functions; of which not to exceed $25,000 shall be for official 
reception and representation expenses; of which not to exceed $100,000 
shall be to provide technical assistance and equipment to foreign law 
enforcement organizations in counterfeit investigations; of which 
$2,366,000 shall be for forensic and related support of investigations 
of missing and exploited children; and of which $6,000,000 shall be for 
a grant for activities related to the investigations of missing and 
exploited children and shall remain available until expended: Provided, 
That up to $18,000,000 provided for protective travel shall remain 
available until September 30, 2009: Provided further, That the United 
States Secret Service is authorized to obligate funds in anticipation 
of reimbursements from Federal agencies and entities, as defined in 
section 105 of title 5, United States Code, receiving training 
sponsored by the James J. Rowley Training Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year.


      Acquisition, Construction, Improvements, and Related Expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,725,000, to remain 
available until expended.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate


                      management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for National Protection and Programs, the National Protection 
Planning Office, support for operations, information technology, and 
Risk Management and Analysis, $47,346,000: Provided, That not to exceed 
$5,000 shall be for official reception and representation expenses: 
Provided further, That of the total amount provided under this heading, 
$5,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve an expenditure plan by program, project, and activity.


            Infrastructure Protection and Information Security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$654,730,000, of which $586,960,000 shall remain available until 
September 30, 2009.


     United States Visitor and Immigrant Status Indicator Technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $475,000,000, to 
remain available until expended: Provided, That of the amount provided 
under this heading, $275,000,000 is designated as described in section 
5 (in the matter preceding division A of this consolidated Act): 
Provided further, That of the total amount made available under this 
heading, $125,000,000 may not be obligated for the United States 
Visitor and Immigrant Status Indicator Technology project until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure prepared by 
the Secretary of Homeland Security that includes--
        (1) a detailed accounting of the program's progress to date 
    relative to system capabilities or services, system performance 
    levels, mission benefits and outcomes, milestones, cost targets, 
    and program management capabilities;
        (2) an explicit plan of action defining how all funds are to be 
    obligated to meet future program commitments, with the planned 
    expenditure of funds linked to the milestone-based delivery of 
    specific capabilities, services, performance levels, mission 
    benefits and outcomes, and program management capabilities;
        (3) a listing of all open Government Accountability Office and 
    Office of Inspector General recommendations related to the program 
    and the status of Department of Homeland Security actions to 
    address the recommendations, including milestones for fully 
    addressing them;
        (4) a certification by the Chief Procurement Officer of the 
    Department that the program has been reviewed and approved in 
    accordance with the investment management process of the 
    Department, and that the process fulfills all capital planning and 
    investment control requirements and reviews established by the 
    Office of Management and Budget, including Circular A-11, part 7;
        (5) a certification by the Chief Information Officer of the 
    Department of Homeland Security that an independent verification 
    and validation agent is currently under contract for the project;
        (6) a certification by the Chief Information Officer of the 
    Department that the system architecture of the program is 
    sufficiently aligned with the information systems enterprise 
    architecture of the Department to minimize future rework, including 
    a description of all aspects of the architectures that were and 
    were not assessed in making the alignment determination, the date 
    of the alignment determination, and any known areas of misalignment 
    along with the associated risks and corrective actions to address 
    any such areas;
        (7) a certification by the Chief Procurement Officer of the 
    Department that the plans for the program comply with the Federal 
    acquisition rules, requirements, guidelines, and practices, and a 
    description of the actions being taken to address areas of non-
    compliance, the risks associated with them along with any plans for 
    addressing these risks, and the status of their implementation;
        (8) a certification by the Chief Information Officer of the 
    Department that the program has a risk management process that 
    regularly identifies, evaluates, mitigates, and monitors risks 
    throughout the system life cycle, and communicates high-risk 
    conditions to agency and Department of Homeland Security investment 
    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.

                  Federal Emergency Management Agency


                      Management and Administration

    For necessary expenses for management and administration of the 
Federal Emergency Management Agency, $664,000,000, including activities 
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production 
Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 
National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform 
Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided further, That the President's budget submitted under 
section 1105(a) of title 31, United States Code, shall be detailed by 
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, 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, $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, That for grants under paragraphs (1) 
through (5), the applications for grants shall be made available to 
eligible applicants not later than 25 days after the date of enactment 
of this Act, that eligible applicants shall submit applications not 
later than 90 days after the grant announcement, and that the 
Administrator of the Federal Emergency Management Agency shall act 
within 90 days after receipt of an application: Provided further, That 
for grants under paragraphs (6) through (11), the applications for 
grants shall be made available to eligible applicants not later than 30 
days after the date of enactment of this Act, that eligible applicants 
shall submit applications within 45 days after the grant announcement, 
and that the Federal Emergency Management Agency shall act not later 
than 60 days after receipt of an application: Provided further, That 
grantees shall provide additional reports on their use of funds, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That (a) the Center for Domestic Preparedness may provide 
training to emergency response providers from the Federal Government, 
foreign governments, or private entities, if the Center for Domestic 
Preparedness is reimbursed for the cost of such training, and any 
reimbursement under this subsection shall be credited to the account 
from which the expenditure being reimbursed was made and shall be 
available, without fiscal year limitation, for the purposes for which 
amounts in the account may be expended, (b) the head of the Center for 
Domestic Preparedness shall ensure that any training provided under (a) 
does not interfere with the primary mission of the Center to train 
State and local emergency response providers: Provided further, That 
the Government Accountability Office shall report to the Committees on 
Appropriations of the Senate and the House of Representatives regarding 
the data, assumptions, and methodology that the Department uses to 
assess risk and allocate Urban Area Security Initiative and State 
Homeland Security Grants not later than 45 days after the date of 
enactment of this Act: Provided further, That the report shall include 
the reliability and validity of the data used, the basis for the 
assumptions used, how the methodology is applied to determine the risk 
scores for individual locations, an analysis of the usefulness of 
placing States and cities into tier groups, and the allocation of 
grants to eligible locations: Provided further, That the Department 
provide the Government Accountability Office with the actual data that 
the Department used for its risk assessment and grant allocation for at 
least two locations at the discretion of the Government Accountability 
Office for the 2007 grant allocation process: Provided further, That 
the Department provide the Government Accountability Office with access 
to all data needed for its analysis and report, including specifics on 
all changes for the fiscal year 2008 process, including, but not 
limited to, all changes in data, assumptions, and weights used in 
methodology within seven days after the date of enactment of this Act: 
Provided further, That any subsequent changes made regarding the risk 
methodology after the initial information is provided to the Government 
Accountability Office shall be provided within seven days after the 
change is made.


                      firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$750,000,000, of which $560,000,000 shall be available to carry out 
section 33 of that Act (15 U.S.C. 2229) and $190,000,000 shall be 
available to carry out section 34 of that Act (15 U.S.C. 2229a), to 
remain available until September 30, 2009: Provided, That not to exceed 
5 percent of the amount available under this heading shall be available 
for program administration.


                 Emergency Management Performance Grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That total 
administrative costs shall not exceed 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 positions: Provided further, That the Federal Emergency 
Management Agency shall hereafter submit a monthly ``Disaster Relief'' 
report to the Committees on Appropriations of the Senate and the House 
of Representatives to include--
        (1) status of the Disaster Relief fund including obligations, 
    allocations, and amounts undistributed/unallocated;
        (2) allocations, obligations, and expenditures for Hurricanes 
    Katrina, Rita, and Wilma and all open disasters;
        (3) information on national flood insurance claims;
        (4) obligations, allocations, and expenditures by State for 
    unemployment, crisis counseling, inspections, housing assistance, 
    manufactured housing, public assistance, and individual assistance;
        (5) mission assignment obligations by agency, including:
            (A) the amounts to other agencies that are in suspense 
        because the Federal Emergency Management Agency has not yet 
        reviewed and approved the documentation supporting the 
        expenditure or for which an agency has been mission assigned 
        but has not submitted necessary documentation for 
        reimbursement;
            (B) an explanation if the amounts of reported obligations 
        and expenditures do not reflect the status of such obligations 
        and expenditures from a government-wide perspective; and
            (C) each such agency's actual obligation and expenditure 
        data;
        (6) the amount of credit card purchases by agency and mission 
    assignment;
        (7) specific reasons for all waivers granted and a description 
    of each waiver;
        (8) a list of all contracts that were awarded on a sole source 
    or limited competition basis, including the dollar amount, the 
    purpose of the contract, and the reason for the lack of competitive 
    award; and
        (9) an estimate of when available appropriations will be 
    exhausted, assuming an average disaster season:
Provided further, That for any request for reimbursement from a Federal 
agency to the Department to cover expenditures under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), or any mission assignment orders issued by the Department for 
such purposes, the Secretary of Homeland Security shall take 
appropriate steps to ensure that each agency is periodically reminded 
of Department policies on--
        (1) the detailed information required in supporting 
    documentation for reimbursements, and
        (2) the necessity for timeliness of agency billings.


             Disaster Assistance Direct Loan Program Account

    For activities under section 319 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $875,000, of 
which $580,000 is for administrative expenses to carry out the direct 
loan program and $295,000 is for the cost of direct loans: Provided, 
That gross obligations for the principal amount of direct loans shall 
not exceed $25,000,000: Provided further, That the cost of modifying 
such loans shall be as defined in section 502 of the Congressional 
Budget Act of 1974 (2 U.S.C. 661a).


                       Flood Map Modernization Fund

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed 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 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, That 
of the total, $20,000,000 is provided to address backlogs of security 
checks associated with pending applications and petitions and shall not 
be available for obligation until the Secretary of Homeland Security 
and the United States Attorney General submit to the Committees on 
Appropriations of the Senate and the House of Representatives a plan to 
eliminate the backlog of security checks that establishes information 
sharing protocols to ensure United States Citizenship and Immigration 
Services has the information it needs to carry out its mission: 
Provided further, That notwithstanding any other provision of law, 
funds available to United States Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to five 
vehicles for areas where the Administrator of General Services does not 
provide vehicles for lease: Provided further, That the Director of 
United States Citizenship and Immigration Services may authorize 
employees who are assigned to those areas to use such vehicles between 
the employees' residences and places of employment.

                Federal Law Enforcement Training Center


                          Salaries and Expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; purchase of not to exceed 117 vehicles for 
police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $238,076,000, of which up to $48,111,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2009; of which $300,000 
shall remain available until expended for Federal law enforcement 
agencies participating in training accreditation, to be distributed as 
determined by the Federal Law Enforcement Training Center for the needs 
of participating agencies; and of which not to exceed $12,000 shall be 
for official reception and representation expenses: Provided, That of 
the amount provided under this heading, $17,000,000 is designated as 
described in section 5 (in the matter preceding division A of this 
consolidated Act): Provided further, That the Center is authorized to 
obligate funds in anticipation of reimbursements from agencies 
receiving training sponsored by the Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available at the end of the fiscal year: Provided 
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
note) as amended by Public Law 109-295 (120 Stat. 1374) is further 
amended by striking ``December 31, 2007'' and inserting ``December 31, 
2010''.


      Acquisitions, Construction, Improvements, and Related Expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $50,590,000, to remain available until expended: 
Provided, That of the amount provided under this heading, $4,000,000 is 
designated as described in section 5 (in the matter preceding division 
A of this consolidated Act): Provided further, That the Center is 
authorized to accept reimbursement to this appropriation from 
government agencies requesting the construction of special use 
facilities.

                         Science and Technology


                      management and administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of 
programs and activities, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $138,600,000: Provided, 
That not to exceed $10,000 shall be for official reception and 
representation expenses.


            research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); $691,735,000, to remain 
available until expended: Provided, That none of the funds made 
available under this heading shall be obligated for the Analysis, 
Dissemination, Visualization, Insight, and Semantic Enhancement program 
or any follow-on or successor program.

                   Domestic Nuclear Detection Office


                      management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office 
as authorized by the second title XVIII of the Homeland Security Act of 
2002 and for management and administration of programs and activities, 
$31,500,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.


                  research, development, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $323,500,000, to 
remain available until expended.


                           systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $129,750,000, to remain 
available until September 30, 2010: Provided, That none of the funds 
appropriated under this heading shall be obligated for full-scale 
procurement of Advanced Spectroscopic Portal Monitors until the 
Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
certifying that a significant increase in operational effectiveness 
will be achieved: Provided further, That the Secretary shall submit 
separate and distinct certifications prior to the procurement of 
Advanced Spectroscopic Portal Monitors for primary and secondary 
deployment that address the unique requirements for operational 
effectiveness of each type of deployment: Provided further, That the 
Secretary of Homeland Security shall consult with the National Academy 
of Sciences before making such certification: Provided further, That 
none of the funds appropriated under this heading shall be used for 
high-risk concurrent development and production of mutually dependent 
software and hardware.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program, project, or activity; (2) eliminates a program, 
project, office, or activity; (3) increases funds for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific 
activity by either of the Committees on Appropriations of the Senate or 
the House of Representatives for a different purpose; or (5) contracts 
out any function or activity for which funding levels were requested 
for Federal full-time equivalents in the object classification tables 
contained in the fiscal year 2008 Budget Appendix for the Department of 
Homeland Security, as specified in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act), unless the Committees on Appropriations of the Senate and the 
House of Representatives are notified 15 days in advance of such 
reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protection of 
property.
    Sec. 504. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities and amounts allowed in the 
President's fiscal year 2008 budget, excluding sedan service, shuttle 
service, transit subsidy, mail operations, parking, and competitive 
sourcing: Provided, That any additional activities and amounts shall be 
approved by the Committees on Appropriations of the Senate and the 
House of Representatives 30 days in advance of obligation.
    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2008 from appropriations for salaries and expenses 
for fiscal year 2008 in this Act shall remain available through 
September 30, 2009, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2008.
    Sec. 507. The Federal Law Enforcement Training Accreditation Board 
shall lead the Federal law enforcement training accreditation process, 
to include representatives from the Federal law enforcement community 
and non-Federal accreditation experts involved in law enforcement 
training, to continue the implementation of measuring and assessing the 
quality and effectiveness of Federal law enforcement training programs, 
facilities, and instructors.
    Sec. 508. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an award, including a 
contract covered by the Federal Acquisition Regulation, unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
three full business days in advance: Provided, That no notification 
shall involve funds that are not available for obligation: Provided 
further, That the notification shall include the amount of the award, 
the fiscal year in which the funds for the award were appropriated, and 
the account from which the funds are being drawn: Provided further, 
That the Federal Emergency Management Agency shall brief the Committees 
on Appropriations of the Senate and the House of Representatives five 
full business days in advance of announcing publicly the intention of 
making an award of State Homeland Security grants; Urban Area Security 
Initiative grants; or Regional Catastrophic Preparedness Grants.
    Sec. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 511. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required under chapter 33 of title 40, United States Code, has not been 
approved, except that necessary funds may be expended for each project 
for required expenses for the development of a proposed prospectus.
    Sec. 512. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 513. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow-on or successor passenger prescreening program, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
conditions contained in paragraphs (1) through (10) of section 522(a) 
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the Secretary provides the requisite certification, and 
periodically thereafter, if necessary, until the Government 
Accountability Office confirms that all ten conditions have been 
successfully met.
    (c) Within 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
detailed plan that describes: (1) the dates for achieving key 
milestones, including the date or timeframes that the Secretary will 
certify the program under subsection (a); and (2) the methodology to be 
followed to support the Secretary's certification, as required under 
subsection (a).
    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (f) None of the funds provided in this or any other Act may be used 
for data or a database that is obtained from or remains under the 
control of a non-Federal entity: Provided, That this restriction shall 
not apply to Passenger Name Record data obtained from air carriers.
    Sec. 514. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 515. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 516. None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided, That the Director of 
the United States Secret Service may enter into an agreement to perform 
such service on a fully reimbursable basis.
    Sec. 517. Section 517(b) of the Department of Homeland Security 
Appropriations Act, 2007 (18 U.S.C. 3056 note) is amended to read as 
follows:
    ``(b) For fiscal year 2008, and each fiscal year thereafter, the 
Director of the United States Secret Service may enter into an 
agreement to perform protection of a Federal official other than a 
person granted protection under section 3056(a) of title 18, United 
States Code, on a fully reimbursable basis.''.
    Sec. 518. (a) The Secretary of Homeland Security shall research, 
develop, and procure new technologies to inspect and screen air cargo 
carried on passenger aircraft at the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) The Assistant Secretary (Transportation Security 
Administration) shall work with air carriers and airports to ensure 
that the screening of cargo carried on passenger aircraft, as defined 
in section 44901(g)(5) of title 49, United States Code, increases 
incrementally each quarter.
    (d) Not later than 45 days after the end of each quarter, the 
Assistant Secretary (Transportation Security Administration) shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a report on air cargo inspection statistics by 
airport and air carrier detailing the incremental progress being made 
to meet section 44901(g)(2) of title 49, United States Code.
    Sec. 519. None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under section 
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, 
direct that changes be made to, delay, or prohibit the transmission to 
Congress of any report prepared under paragraph (6) of such section.
    Sec. 520. No funding made available to the Department of Homeland 
Security in this Act shall be available to pay the salary of any 
employee serving as a contracting officer's technical representative 
(COTR), or anyone acting in a similar capacity, who has not received 
COTR training.
    Sec. 521. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' for fiscal years 2004, 2005, 2006, 
and 2007 that are recovered or deobligated shall be available only for 
the procurement or installation of explosives detection systems, for 
air cargo, baggage, and checkpoint screening systems, subject to 
notification: Provided, That quarterly reports shall be submitted to 
the Committees on Appropriations of the Senate and the House of 
Representatives on any funds that are recovered or deobligated.
    Sec. 522. Section 525(d) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1382) shall 
apply to fiscal year 2008.
    Sec. 523. Any funds appropriated to United States Coast Guard, 
``Acquisition, Construction, and Improvements'' for fiscal years 2002, 
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion 
that are recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Replacement Patrol Boat (FRC-B) program.
    Sec. 524. The Department of Homeland Security Working Capital Fund, 
established pursuant to  section 403 of Public Law 103-356 (31 U.S.C. 
501 note), shall continue operations during fiscal year 2008.
    Sec. 525. None of the funds provided in this Act shall be available 
to commence operations of the National Applications Office or the 
National Immigration Information Sharing Operation until the Secretary 
certifies that these programs comply with all existing laws, including 
all applicable privacy and civil liberties standards, and that 
certification is reviewed by the Government Accountability Office.
    Sec. 526. Within 45 days after the close of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report that includes 
total obligations, on-board versus funded full-time equivalent staffing 
levels, and the number of contract employees by office.
    Sec. 527. Section 532(a) of Public Law 109-295 is amended by 
striking ``2007'' and inserting ``2008''.
    Sec. 528. None of the funds made available by this Act shall be 
used in contravention of the Federal buildings performance and 
reporting requirements of Executive Order No. 13123, part 3 of title V 
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et 
seq.), or subtitle A of title I of the Energy Policy Act of 2005 
(including the amendments made thereby).
    Sec. 529. The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 530. None of the funds made available in this Act may be used 
in contravention of section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212).
    Sec. 531. None of the funds made available by this Act may be used 
to take an action that would violate Executive Order No. 13149 (65 Fed. 
Reg. 24607; relating to greening the Government through Federal fleet 
and transportation efficiency).
    Sec. 532. Subsections (a), (b), and (d)(1) of section 6402 of the 
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (Public Law 110-28) shall apply 
to fiscal year 2008.
    Sec. 533. None of the funds provided by this or any other Act may 
be obligated for the development, testing, deployment, or operation of 
any system related to the MAX-HR project, or any subsequent but related 
human resources management project, until any pending litigation 
concerning such activities is resolved, and any legal claim or appeal 
by either party has been fully resolved.
    Sec. 534. Section 550 of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding at 
the end the following:
    ``(h) This section shall not preclude or deny any right of any 
State or political subdivision thereof to adopt or enforce any 
regulation, requirement, or standard of performance with respect to 
chemical facility security that is more stringent than a regulation, 
requirement, or standard of performance issued under this section, or 
otherwise impair any right or jurisdiction of any State with respect to 
chemical facilities within that State, unless there is an actual 
conflict between this section and the law of that State.''.
    Sec. 535. (a) Amendments Relating to the Civil Service Retirement 
System.--
        (1) Definitions.--Section 8331 of title 5, United States Code, 
    is amended--
            (A) by striking ``and'' at the end of paragraph (28), by 
        striking the period at the end of the first paragraph (29) and 
        inserting a semicolon, by redesignating the second paragraph 
        (29) as paragraph (30), and by striking the period at the end 
        of paragraph (30) (as so redesignated) and inserting ``; and''; 
        and
            (B) by adding at the end the following:
        ``(31) `customs and border protection officer' means an 
    employee in the Department of Homeland Security (A) who holds a 
    position within the GS-1895 job series (determined applying the 
    criteria in effect as of September 1, 2007) or any successor 
    position, and (B) whose duties include activities relating to the 
    arrival and departure of persons, conveyances, and merchandise at 
    ports of entry, including any such employee who is transferred 
    directly to a supervisory or administrative position in the 
    Department of Homeland Security after performing such duties (as 
    described in subparagraph (B)) in 1 or more positions (as described 
    in subparagraph (A)) for at least 3 years.''.
        (2) Deductions, contributions, and deposits.--Section 8334 of 
    title 5, United States Code, is amended--
            (A) in subsection (a)(1)(A), by striking ``or nuclear 
        materials courier,'' and inserting ``nuclear materials courier, 
        or customs and border protection officer,''; and
            (B) in the table contained in subsection (c), by adding at 
        the end the following:

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


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

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


        (5) Government contributions.--Paragraphs (1)(B)(i) and (3) of 
    section 8423(a) of title 5, United States Code, are amended by 
    inserting ``customs and border protection officers,'' after 
    ``nuclear materials couriers,'' each place it appears.
        (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
    United States Code, is amended--
            (A) by striking ``or nuclear materials courier who'' and 
        inserting ``nuclear materials courier, or customs and border 
        protection officer who''; and
            (B) by striking ``or nuclear materials courier,'' and 
        inserting ``nuclear materials courier, or customs and border 
        protection officer''.
    (c) Maximum Age for Original Appointment.--Section 3307 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(g) The Secretary of Homeland Security may determine and fix the 
maximum age limit for an original appointment to a position as a 
customs and border protection officer, as defined by section 
8401(36).''.
    (d) Regulations.--Any regulations necessary to carry out the 
amendments made by this section shall be prescribed by the Director of 
the Office of Personnel Management in consultation with the Secretary 
of Homeland Security.
    (e) Effective Date; Transition Rules.--
        (1) Effective date.--The amendments made by this section shall 
    become effective on the later of June 30, 2008, or the first day of 
    the first pay period beginning at least 6 months after the date of 
    the enactment of this Act.
        (2) Transition rules.--
            (A) Nonapplicability of mandatory separation provisions to 
        certain individuals.--The amendments made by subsections (a)(3) 
        and (b)(6), respectively, shall not apply to an individual 
        first appointed as a customs and border protection officer 
        before the effective date under paragraph (1).
            (B) Treatment of prior cbpo service.--
                (i) General rule.--Except as provided in clause (ii), 
            nothing in this section or any amendment made by this 
            section shall be considered to apply with respect to any 
            service performed as a customs and border protection 
            officer before the effective date under paragraph (1).
                (ii) Exception.--Service described in section 8331(31) 
            or 8401(36) of title 5, United States Code (as amended by 
            this section) rendered before the effective date under 
            paragraph (1) may be taken into account to determine if an 
            individual who is serving on or after such effective date 
            then qualifies as a customs and border protection officer 
            by virtue of holding a supervisory or administrative 
            position in the Department of Homeland Security.
            (C) Minimum annuity amount.--The annuity of an individual 
        serving as a customs and border protection officer on the 
        effective date under paragraph (1) pursuant to an appointment 
        made before that date shall, to the extent that its computation 
        is based on service rendered as a customs and border protection 
        officer on or after that date, be at least equal to the amount 
        that would be payable--
                (i) to the extent that such service is subject to the 
            Civil Service Retirement System, by applying section 
            8339(d) of title 5, United States Code, with respect to 
            such service; and
                (ii) to the extent such service is subject to the 
            Federal Employees' Retirement System, by applying section 
            8415(d) of title 5, United States Code, with respect to 
            such service.
            (D) Rule of construction.--Nothing in the amendment made by 
        subsection (c) shall be considered to apply with respect to any 
        appointment made before the effective date under paragraph (1).
        (3) Election.--
            (A) Incumbent defined.--For purposes of this paragraph, the 
        term ``incumbent'' means an individual who is serving as a 
        customs and border protection officer on the date of the 
        enactment of this Act.
            (B) Notice requirement.--Not later than 30 days after the 
        date of the enactment of this Act, the Director of the Office 
        of Personnel Management shall take measures reasonably designed 
        to ensure that incumbents are notified as to their election 
        rights under this paragraph, and the effect of making or not 
        making a timely election.
            (C) Election available to incumbents.--
                (i) In general.--An incumbent may elect, for all 
            purposes, either--

                    (I) to be treated in accordance with the amendments 
                made by subsection (a) or (b), as applicable; or
                    (II) to be treated as if subsections (a) and (b) 
                had never been enacted.

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

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

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

           ``Subtitle J--Secure Handling of Ammonium Nitrate

``SEC. 899A. DEFINITIONS.

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

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

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

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

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

``SEC. 899D. ADMINISTRATIVE PROVISIONS.

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

``SEC. 899E. THEFT REPORTING REQUIREMENT.

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

``SEC. 899F. PROHIBITIONS AND PENALTY.

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

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

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

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

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

``SEC. 899I. DEADLINES FOR REGULATIONS.

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

``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

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

            ``Subtitle J--Secure Handling of Ammonium Nitrate

``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.

    Sec. 564. Improvement of Barriers at Border. (a) Section 102 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1103 note) is amended--
        (1) in subsection (a), by striking ``Attorney General, in 
    consultation with the Commissioner of Immigration and 
    Naturalization,'' and inserting ``Secretary of Homeland Security''; 
    and
        (2) in subsection (b)--
            (A) in the subsection heading, by striking ``in the Border 
        Area'' and inserting ``Along the Border'';
            (B) in paragraph (1)--
                (i) in the heading, by striking ``Security features'' 
            and inserting ``Additional fencing along southwest 
            border''; and
                (ii) by striking subparagraphs (A) through (C) and 
            inserting the following:
            ``(A) Reinforced fencing.--In carrying out subsection (a), 
        the Secretary of Homeland Security shall construct reinforced 
        fencing along not less than 700 miles of the southwest border 
        where fencing would be most practical and effective and provide 
        for the installation of additional physical barriers, roads, 
        lighting, cameras, and sensors to gain operational control of 
        the southwest border.
            ``(B) Priority areas.--In carrying out this section, the 
        Secretary of Homeland Security shall--
                ``(i) identify the 370 miles, or other mileage 
            determined by the Secretary, whose authority to determine 
            other mileage shall expire on December 31, 2008, along the 
            southwest border where fencing would be most practical and 
            effective in deterring smugglers and aliens attempting to 
            gain illegal entry into the United States; and
                ``(ii) not later than December 31, 2008, complete 
            construction of reinforced fencing along the miles 
            identified under clause (i).
            ``(C) Consultation.--
                ``(i) In general.--In carrying out this section, the 
            Secretary of Homeland Security shall consult with the 
            Secretary of the Interior, the Secretary of Agriculture, 
            States, local governments, Indian tribes, and property 
            owners in the United States to minimize the impact on the 
            environment, culture, commerce, and quality of life for the 
            communities and residents located near the sites at which 
            such fencing is to be constructed.
                ``(ii) Savings provision.--Nothing in this subparagraph 
            may be construed to--

                    ``(I) create or negate any right of action for a 
                State, local government, or other person or entity 
                affected by this subsection; or
                    ``(II) affect the eminent domain laws of the United 
                States or of any State.

            ``(D) Limitation on requirements.--Notwithstanding 
        subparagraph (A), nothing in this paragraph shall require the 
        Secretary of Homeland Security to install fencing, physical 
        barriers, roads, lighting, cameras, and sensors in a particular 
        location along an international border of the United States, if 
        the Secretary determines that the use or placement of such 
        resources is not the most appropriate means to achieve and 
        maintain operational control over the international border at 
        such location.''; and
            (C) in paragraph (4), by striking ``to carry out this 
        subsection not to exceed $12,000,000'' and inserting ``such 
        sums as may be necessary to carry out this subsection''.
    (b) No funds appropriated in this Act for U.S. Customs and Border 
Protection ``Border Security Fencing, Infrastructure, and Technology'' 
may be obligated unless the Secretary of Homeland Security has complied 
with section 102(b)(2)(C)(i) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) as amended by 
subsection (a)(2).
    Sec. 565. International Registered Traveler Program. Section 
7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of 
2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:
        ``(3) International registered traveler program.--
            ``(A) In general.--The Secretary of Homeland Security shall 
        establish an international registered traveler program that 
        incorporates available technologies, such as biometrics and e-
        passports, and security threat assessments to expedite the 
        screening and processing of international travelers, including 
        United States Citizens and residents, who enter and exit the 
        United States. The program shall be coordinated with the United 
        States Visitor and Immigrant Status Indicator Technology 
        program, other pre-screening initiatives, and the Visa Waiver 
        Program.
            ``(B) Fees.--The Secretary may impose a fee for the program 
        established under subparagraph (A) and may modify such fee from 
        time to time. The fee may not exceed the aggregate costs 
        associated with the program and shall be credited to the 
        Department of Homeland Security for purposes of carrying out 
        the program. Amounts so credited shall remain available until 
        expended.
            ``(C) Rulemaking.--Within 365 days after the date of 
        enactment of this paragraph, the Secretary shall initiate a 
        rulemaking to establish the program, criteria for 
        participation, and the fee for the program.
            ``(D) Implementation.--Not later than 2 years after the 
        date of enactment of this paragraph, the Secretary shall 
        establish a phased-implementation of a biometric-based 
        international registered traveler program in conjunction with 
        the United States Visitor and Immigrant Status Indicator 
        Technology entry and exit system, other pre-screening 
        initiatives, and the Visa Waiver Program at United States 
        airports with the highest volume of international travelers.
            ``(E) Participation.--The Secretary shall ensure that the 
        international registered traveler program includes as many 
        participants as practicable by--
                ``(i) establishing a reasonable cost of enrollment;
                ``(ii) making program enrollment convenient and easily 
            accessible; and
                ``(iii) providing applicants with clear and consistent 
            eligibility guidelines.''.
    Sec. 566. Shared Border Management. (a) Study.--The Comptroller 
General of the United States shall conduct a study on the Department of 
Homeland Security's use of shared border management to secure the 
international borders of the United States.
    (b) Report.--The Comptroller General shall submit a report to 
Congress that describes--
        (1) any negotiations, plans, or designs conducted by officials 
    of the Department of Homeland Security regarding the practice of 
    shared border management; and
        (2) the factors required to be in place for shared border 
    management to be successful.
    Sec. 567. None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 568. Transportation Security Administration Acquisition 
Management Policy. (a) In General.--Section 114 of title 49, United 
States Code, is amended by striking subsection (o) and redesignating 
subsections (p) through (t) as subsections (o) through (s), 
respectively.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of enactment of this Act.
    Sec. 569. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date that 
the President determines whether to declare a major disaster because of 
an event and any appeal is completed, the Administrator shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, the Committee on Transportation and Infrastructure of 
the House of Representatives, the Committees on Appropriations of the 
Senate and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment information used to 
determine whether to declare a major disaster.
    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
        (1) the term ``Administrator'' means the Administrator of the 
    Federal Emergency Management Agency; and
        (2) the term ``major disaster'' has the meaning given that term 
    in section 102 of the Robert T. Stafford Disaster Relief and 
    Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 570. If the Secretary of Homeland Security establishes a 
National Transportation Security Center of Excellence to conduct 
research and education activities, and to develop or provide 
professional security training, including the training of 
transportation employees and transportation professionals, the Mineta 
Transportation Institute at San Jose State University may be included 
as a member institution of such Center.
    Sec. 571. Effective no later than ninety days after the date of 
enactment of this Act, the Transportation Security Administration shall 
permit approved members of Registered Traveler programs to satisfy 
fully the required identity verification procedures at security 
screening checkpoints by presenting a biometrically-secure Registered 
Traveler card in lieu of the government-issued photo identification 
document required of non-participants: Provided, That if their identity 
is not confirmed biometrically, the standard identity and screening 
procedures will apply: Provided further, That if the Assistant 
Secretary (Transportation Security Administration) determines this is a 
threat to civil aviation, then the Assistant Secretary (Transportation 
Security Administration) shall notify the Committees on Appropriations 
of the Senate and House of Representatives five days in advance of such 
determination and require Registered Travelers to present government-
issued photo identification documents in conjunction with a 
biometrically-secure Registered Traveler card.
    Sec. 572. Section 831(a) of the Homeland Security Act of 2002 (6 
U.S.C. 391(a)) is amended by striking ``During the 5-year period 
following the effective date of this Act'' and inserting ``Until 
September 30, 2008''.
    Sec. 573. (a) Rescission.--Of amounts previously made available 
from 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).

                                TITLE VI

           BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

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

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

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

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


                               construction

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


                             land acquisition

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


                    oregon and california grant lands

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


                forest ecosystem health and recovery fund

                    (revolving fund, special account)

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


                            range improvements

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


                service charges, deposits, and forfeitures

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


                        miscellaneous trust funds

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


                         wildland fire management

                      (including transfer of funds)

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

                       administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on the Secretary's certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly produced 
publications for which the cooperators share the cost of printing 
either in cash or in services, and the Bureau determines the cooperator 
is capable of meeting accepted quality standards.
    Section 28 of title 30, United States Code, is amended: (1) in 
section 28 by striking the phrase ``shall commence at 12 o'clock 
meridian on the 1st day of September'' and inserting ``shall commence 
at 12:01 ante meridian on the first day of September''; (2) in section 
28f(a), by striking the phrase ``for years 2004 through 2008''; and (3) 
in section 28g, by striking the phrase ``and before September 30, 
2008,''.
    Sums not to exceed 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 is for high priority projects, which shall be 
carried out by the Youth Conservation Corps: Provided further, That not 
to exceed $18,263,000 shall be used for implementing subsections (a), 
(b), (c), and (e) of section 4 of the Endangered Species Act, as 
amended, for species that are indigenous to the United States (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions described 
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not 
to exceed $9,926,000 shall be used for any activity regarding the 
designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2007: Provided further, That of the amount 
available for law enforcement, up to $400,000, to remain available 
until expended, may at the discretion of the Secretary be used for 
payment for information, rewards, or evidence concerning violations of 
laws administered by the Service, and miscellaneous and emergency 
expenses of enforcement activity, authorized or approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.


                               CONSTRUCTION

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

                            land acquisition

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


             cooperative endangered species conservation fund

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

                     national wildlife refuge fund

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


                north american wetlands conservation fund

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


                 Neotropical Migratory Bird Conservation

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


                 multinational species conservation fund

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

                    state and tribal wildlife grants

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


                        administrative provisions

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

                         National Park Service

                 operation of the national park system

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


                           centennial challenge

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


                   national recreation and preservation

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

                       historic preservation fund


                      (including transfers of funds)

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


                               Construction

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


                     land and water conservation fund

                               (rescission)

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


                  land acquisition and state assistance

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

                       administrative provisions

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

                    United States Geological Survey

                 surveys, investigations, and research

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

                       administrative provisions

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

                      Minerals Management Service


                 royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; for energy-related or other authorized marine-
related purposes on the Outer Continental Shelf; and for matching 
grants or cooperative agreements, $157,202,000, to remain available 
until September 30, 2009, of which $82,371,000 shall be available for 
royalty management activities; and an amount not to exceed 
$135,730,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, from rate increases to 
fee collections for Outer Continental Shelf administrative activities 
performed by the Minerals Management Service (MMS) over and above the 
rates in effect on September 30, 1993, and from additional fees for 
Outer Continental Shelf administrative activities established after 
September 30, 1993 that the Secretary of the Interior shall collect in 
fiscal year 2008 and retain and use for the necessary expenses of this 
appropriation: Provided, That to the extent $135,730,000 in addition to 
receipts are not realized from the sources of receipts stated above, 
the amount needed to reach $135,730,000 shall be credited to this 
appropriation from receipts resulting from rental rates for Outer 
Continental Shelf leases in effect before August 5, 1993: Provided 
further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities: Provided further, That notwithstanding any other provision 
of law, $15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of MMS concurred with the claimed refund due, to pay amounts 
owed to Indian allottees or tribes, or to correct prior unrecoverable 
erroneous payments: Provided further, That for the costs of 
administration of the Coastal Impact Assistance Program authorized by 
section 31 of the Outer Continental Shelf Lands Act, as amended (43 
U.S.C. 1456a), MMS in fiscal years 2008 through 2010 may retain up to 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), is amended by inserting ``and Indian 
accounts'' after ``States'', replacing the term ``provision'' with 
``provisions'', and inserting ``and (d)'' after 30 U.S.C. 1721(b).
    Notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 
2 percent from the amount payable to each State in fiscal year 2008 and 
deposit the amount deducted to miscellaneous receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

                    abandoned mine reclamation fund

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

                        administrative provision

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

                        Bureau of Indian Affairs

                      operation of indian programs


                      (including transfer of funds)

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

                              construction


                      (including transfer of funds)

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


  indian land and water claim settlements and miscellaneous payments to 
                                indians

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

                 indian guaranteed loan program account

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

                       administrative provisions

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

                          Departmental Offices

                        Office of the Secretary


                          salaries and expenses

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

                            Insular Affairs

                       assistance to territories

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


                       compact of free association

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

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General


                          salaries and expenses

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

             Office of Special Trustee for American Indians


                          federal trust programs

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


                        indian land consolidation

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

                        Department-wide Programs


                        payments in lieu of taxes

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

                    central hazardous materials fund

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


            Natural Resource Damage Assessment and Restoration

                 natural resource damage assessment fund

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


                           working capital fund

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

                       administrative provisions

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

             General Provisions, Department of the Interior


                      (including transfers of funds)

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

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

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

                 Environmental Programs and Management

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

                      Office of Inspector General

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

                        Buildings and Facilities

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

                     Hazardous Substance Superfund


                      (including transfers of funds)

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

          Leaking Underground Storage Tank Trust Fund Program

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

                           Oil Spill Response

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

                   State And Tribal Assistance Grants

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

       Administrative Provisions, Environmental Protection Agency


                     (including rescission of funds)

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

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                      forest and rangeland research

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

                       state and private forestry

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


                          national forest system

                      (including transfers of funds)

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

                  capital improvement and maintenance


                      (including transfers of funds)

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


                             land acquisition

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


          acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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


                          range betterment fund

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


     gifts, donations and bequests for forest and rangeland research

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


         management of national forest lands for subsistence uses

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


                         wildland fire management

                      (including transfers of funds)

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

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire 
of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft from excess sources to maintain the operable 
fleet for use in Forest Service wildland fire programs and other Forest 
Service programs; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 
428a; (5) for expenses pursuant to the Volunteers in the National 
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon notification of the House and Senate Committees 
on Appropriations and if and only if all previously appropriated 
emergency contingent funds under the heading ``Wildland Fire 
Management'' have been released by the President and apportioned and 
all wildfire suppression funds under the heading ``Wildland Fire 
Management'' are obligated.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States 
and international organizations.
    None of the funds made available to the Forest Service in this Act 
or any other Act with respect to any fiscal year shall be subject to 
transfer under the provisions of section 702(b) of the Department of 
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public 
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107 
(7 U.S.C. 8316(b)).
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the explanatory statement accompanying this 
Act.
    Not more than $73,285,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $24,021,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture 
for Department Reimbursable Programs, commonly referred to as Greenbook 
charges. Nothing in this paragraph shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center.
    Funds available to the Forest Service shall be available to conduct 
a program of up to $5,000,000 for priority projects within the scope of 
the approved budget, of which $2,500,000 shall be carried out by the 
Youth Conservation Corps and $2,500,000 shall be carried out under the 
authority of the Public Lands Corps Healthy Forests Restoration Act of 
2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, $3,000,000 may be advanced 
in a lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for administrative 
expenses or projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That the Foundation shall 
obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to a non-Federal recipient for a project at 
the same rate that the recipient has obtained the non-Federal matching 
funds: Provided further, That authorized investments of Federal funds 
held by the Foundation may be made only in interest-bearing obligations 
of the United States or in obligations guaranteed as to both principal 
and interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the 
funds available to the Forest Service shall be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its sub-recipients: 
Provided further, That the Foundation may transfer Federal funds to a 
Federal or non-Federal recipient for a project at the same rate that 
the recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to 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 Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $3,018,624,000, together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
238(b) for services furnished by the Indian Health Service: Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance 
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the 
time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That $588,515,000 for contract medical 
care, including $27,000,000 for the Indian Catastrophic Health 
Emergency Fund, shall remain available until expended: Provided 
further, That no less than $35,094,000 is provided for maintaining 
operations of the urban Indian health program: Provided further, That 
of the funds provided, up to $32,000,000 shall remain available until 
expended for implementation of the loan repayment program under section 
108 of the Indian Health Care Improvement Act: Provided further, That 
$14,000,000 is provided for a methamphetamine and suicide prevention 
and treatment initiative, of which up to $5,000,000 may be used for 
mental health, suicide prevention, and behavioral issues associated 
with methamphetamine use: Provided further, That notwithstanding any 
other provision of law, these funds shall be allocated outside all 
other distribution methods and formulas at the discretion of the 
Director of the Indian Health Service and shall remain available until 
expended: Provided further, That funds provided in this Act may be used 
for one-year contracts and grants which are to be performed in two 
fiscal years, so long as the total obligation is recorded in the year 
for which the funds are appropriated: Provided further, That the 
amounts collected by the Secretary of Health and Human Services under 
the authority of title IV of the Indian Health Care Improvement Act 
shall remain available until expended for the purpose of achieving 
compliance with the applicable conditions and requirements of titles 
XVIII and XIX of the Social Security Act (exclusive of planning, 
design, or construction of new facilities): Provided further, That 
funding contained herein, and in any earlier appropriations Acts for 
scholarship programs under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available until expended: Provided further, 
That amounts received by tribes and tribal organizations under title IV 
of the Indian Health Care Improvement Act shall be reported and 
accounted for and available to the receiving tribes and tribal 
organizations until expended: Provided further, That, notwithstanding 
any other provision of law, of the amounts provided herein, not to 
exceed $271,636,000 shall be for payments to tribes and tribal 
organizations for contract or grant support costs associated with 
contracts, grants, self-governance compacts, or annual funding 
agreements between the Indian Health Service and a tribe or tribal 
organization pursuant to the Indian Self-Determination Act of 1975, as 
amended, prior to or during fiscal year 2008, of which not to exceed 
$5,000,000 may be used for contract support costs associated with new 
or expanded self-determination contracts, grants, self-governance 
compacts, or annual funding agreements: Provided further, That the 
Bureau of Indian Affairs may collect from the Indian Health Service and 
tribes and tribal organizations operating health facilities pursuant to 
Public Law 93-638 such individually identifiable health information 
relating to disabled children as may be necessary for the purpose of 
carrying out its functions under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400, et seq.): Provided further, That funds 
available for the Indian Health Care Improvement Fund may be used, as 
needed, to carry out activities typically funded under the Indian 
Health Facilities account.


                         indian health facilities

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


             administrative provisions, indian health service

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

                     National Institutes of Health

          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

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

              Office of Navajo and Hopi Indian Relocation


                          salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution


                          salaries and expenses

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

                           facilities capital

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

                              Legacy Fund

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

                        National Gallery of Art


                          salaries and expenses

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


             repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts


                        operations and maintenance

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


                      capital repair and restoration

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                        grants and administration

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

                 National Endowment for the Humanities


                        grants and administration

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


                             matching grants

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

                       Administrative Provisions

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

                        Commission of Fine Arts

                         salaries and expenses

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

               National Capital Arts and Cultural Affairs

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

               Advisory Council on Historic Preservation


                          salaries and expenses

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

                  National Capital Planning Commission


                          salaries and expenses

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

                United States Holocaust Memorial Museum


                        holocaust memorial museum

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

                             Presidio Trust


                           presidio trust fund

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

      White House Commission on the National Moment of Remembrance


                          salaries and expenses

                      (including transfer of funds)

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

                DWIGHT D. EISENHOWER MEMORIAL COMMISSION

                         Salaries and Expenses

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

                                TITLE IV

                           GENERAL PROVISIONS


                      (including transfers of funds)

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

                                TITLE V

             WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                         wildland fire management

                      (INCLUDING TRANSFERS OF FUNDS)

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         wildland fire management

                      (INCLUDING TRANSFERS OF FUNDS)

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

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                     Training and Employment Services

                         (including rescissions)

    For necessary expenses of the Workforce Investment Act of 1998 
(``WIA''), the Denali Commission Act of 1998, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
WIA; $3,608,349,000, plus reimbursements, is available. Of the amounts 
provided:
        (1) for grants to States for adult employment and training 
    activities, youth activities, and dislocated worker employment and 
    training activities, $2,994,510,000 as follows:
            (A) $864,199,000 for adult employment and training 
        activities, of which $152,199,000 shall be available for the 
        period July 1, 2008 to June 30, 2009, and of which $712,000,000 
        shall be available for the period October 1, 2008 through June 
        30, 2009;
            (B) $940,500,000 for youth activities, which shall be 
        available for the period April 1, 2008 through June 30, 2009; 
        and
            (C) $1,189,811,000 for dislocated worker employment and 
        training activities, of which $341,811,000 shall be available 
        for the period July 1, 2008 through June 30, 2009, and of which 
        $848,000,000 shall be available for the period October 1, 2008 
        through June 30, 2009:
    Provided, That notwithstanding the transfer limitation under 
    section 133(b)(4) of the WIA, up to 30 percent of such funds may be 
    transferred by a local board if approved by the Governor;
        (2) for federally administered programs, $477,873,000 as 
    follows:
            (A) $282,092,000 for the dislocated workers assistance 
        national reserve, of which $6,300,000 shall be available on 
        October 1, 2007, of which $63,792,000 shall be available for 
        the period July 1, 2008 through June 30, 2009, and of which 
        $212,000,000 shall be available for the period October 1, 2008 
        through June 30, 2009: Provided, That up to $125,000,000 may be 
        made available for Community-Based Job Training grants from 
        funds reserved under section 132(a)(2)(A) of the WIA and shall 
        be used to carry out such grants under section 171(d) of such 
        Act, except that the 10 percent limitation otherwise applicable 
        to the amount of funds that may be used to carry out section 
        171(d) shall not be applicable to funds used for Community-
        Based Job Training grants: Provided further, That funds 
        provided to carry out section 132(a)(2)(A) of the WIA may be 
        used to provide assistance to a State for State-wide or local 
        use in order to address cases where there have been worker 
        dislocations across multiple sectors or across multiple local 
        areas and such workers remain dislocated; coordinate the State 
        workforce development plan with emerging economic development 
        needs; and train such eligible dislocated workers: Provided 
        further, That funds provided to carry out section 171(d) of the 
        WIA may be used for demonstration projects that provide 
        assistance to new entrants in the workforce and incumbent 
        workers: Provided further, That $2,600,000 shall be for a 
        noncompetitive grant to the National Center on Education and 
        the Economy, which shall be awarded not later than 30 days 
        after the date of enactment of this Act: Provided further, That 
        $1,500,000 shall be for a non-competitive grant to the AFL-CIO 
        Working for America Institute, which shall be awarded not later 
        than 30 days after the date of enactment of this Act: Provided 
        further, That $2,200,000 shall be for a non-competitive grant 
        to the AFL-CIO Appalachian Council, Incorporated, for Job Corps 
        career transition services, which shall be awarded not later 
        than 30 days after the date of enactment of this Act;
            (B) $53,696,000 for Native American programs, which shall 
        be available for the period July 1, 2008 through June 30, 2009;
            (C) $81,085,000 for migrant and seasonal farmworker 
        programs under section 167 of the WIA, including $75,610,000 
        for formula grants (of which not less that 70 percent shall be 
        for employment and training services), $4,975,000 for migrant 
        and seasonal housing (of which not less than 70 percent shall 
        be for permanent housing), and $500,000 for other discretionary 
        purposes, which shall be available for the period July 1, 2008 
        through June 30, 2009: Provided, That, notwithstanding any 
        other provision of law or related regulation, the Department 
        shall take no action limiting the number or proportion of 
        eligible participants receiving related assistance services or 
        discouraging grantees from providing such services;
            (D) $1,000,000 for carrying out the Women in Apprenticeship 
        and Nontraditional Occupations Act, which shall be available 
        for the period July 1, 2008 through June 30, 2009; and
            (E) $60,000,000 for YouthBuild activities as described in 
        section 173A of the WIA, which shall be available for the 
        period April 1, 2008 through June 30, 2009;
        (3) for national activities, $135,966,000, which shall be 
    available for the period July 1, 2008 through July 30, 2009 as 
    follows:
            (A) $49,370,000 for Pilots, Demonstrations, and Research, 
        of which $5,000,000 shall be for grants to address the 
        employment and training needs of young parents (notwithstanding 
        the requirements of 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 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.


      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 to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act: Provided further, That the Secretary of Labor 
may use funds appropriated for grants to States under title III of the 
Social Security Act to make payments on behalf of States for the use of 
the National Directory of New Hires under section 453(j)(8) of such 
Act: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or which 
are used to support the national activities of the Federal-State 
unemployment insurance or immigration programs, may be obligated in 
contracts, grants, or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment 
Insurance and Employment Service automation efforts, notwithstanding 
cost allocation principles prescribed under the Office of Management 
and Budget Circular A-87.


         advances to the unemployment trust fund and other funds

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


                          Program Administration

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

               Employee Benefits Security Administration


                          salaries and expenses

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

                  Pension Benefit Guaranty Corporation


                pension benefit guaranty corporation fund

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

                  Employment Standards Administration


                          Salaries and Expenses

                          (including rescission)

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

                            special benefits


                      (including transfer of funds)

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


                special benefits for disabled coal miners

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


     Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

                      (including transfer of funds)

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


                     Black Lung Disability Trust Fund

                      (including transfer of funds)

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

             Occupational Safety and Health Administration


                          Salaries and Expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $494,641,000, including not to exceed $91,093,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (the ``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary of Labor under section 18 of the Act; 
and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational 
Safety and Health Administration may retain up to $750,000 per fiscal 
year of training institute course tuition fees, otherwise authorized by 
law to be collected, and may utilize such sums for occupational safety 
and health training and education grants: Provided, That, 
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the 
fiscal year ending September 30, 2008, to collect and retain fees for 
services provided to Nationally Recognized Testing Laboratories, and 
may utilize such sums, in accordance with the provisions of 29 U.S.C. 
9a, to administer national and international laboratory recognition 
programs that ensure the safety of equipment and products used by 
workers in the workplace: Provided further, That none of the funds 
appropriated under this paragraph shall be obligated or expended to 
prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Act which is applicable to any person 
who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That no funds appropriated under this paragraph shall be 
obligated or expended to administer or enforce any standard, rule, 
regulation, or order under the Act with respect to any employer of 10 
or fewer employees who is included within a category having a Days 
Away, Restricted, or Transferred (DART) occupational injury and illness 
rate, at the most precise industrial classification code for which such 
data are published, less than the national average rate as such rates 
are most recently published by the Secretary, acting through the Bureau 
of Labor Statistics, in accordance with section 24 of the Act, except--
        (1) to provide, as authorized by the Act, consultation, 
    technical assistance, educational and training services, and to 
    conduct surveys and studies;
        (2) to conduct an inspection or investigation in response to an 
    employee complaint, to issue a citation for violations found during 
    such inspection, and to assess a penalty for violations which are 
    not corrected within a reasonable abatement period and for any 
    willful violations found;
        (3) to take any action authorized by the Act with respect to 
    imminent dangers;
        (4) to take any action authorized by the Act with respect to 
    health hazards;
        (5) to take any action authorized by the Act with respect to a 
    report of an employment accident which is fatal to one or more 
    employees or which results in hospitalization of two or more 
    employees, and to take any action pursuant to such investigation 
    authorized by the Act; and
        (6) to take any action authorized by the Act with respect to 
    complaints of discrimination against employees for exercising 
    rights under the Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That $10,116,000 shall be available for Susan Harwood training 
grants, of which $3,200,000 shall be used for the Institutional 
Competency Building training grants which commenced in September 2000, 
for program activities for the period of October 1, 2007 to September 
30, 2008, provided that a grantee has demonstrated satisfactory 
performance: Provided further, That such grants shall be awarded not 
later than 30 days after the date of enactment of this Act: Provided 
further, That the Secretary shall provide a report to the Committees on 
Appropriations of the House of Representatives and the Senate with 
timetables for the development and issuance of occupational safety and 
health standards on beryllium, silica, cranes and derricks, confined 
space entry in construction, and hazard communication global 
harmonization; such timetables shall include actual or estimated dates 
for: the publication of an advance notice of proposed rulemaking, the 
commencement and completion of a Small Business Regulatory Enforcement 
Fairness Act review (if required), the completion of any peer review 
(if required), the submission of the draft proposed rule to the Office 
of Management and Budget for review under Executive Order No. 12866 (if 
required), the publication of a proposed rule, the conduct of public 
hearings, the submission of a draft final rule to the Office 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, and may utilize such sums for such 
activities; the Secretary of Labor is authorized to accept lands, 
buildings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies, 
Federal, State, or private; the Mine Safety and Health Administration 
is authorized to promote health and safety education and training in 
the mining community through cooperative programs with States, 
industry, and safety associations; the Secretary is authorized to 
recognize the Joseph A. Holmes Safety Association as a principal safety 
association and, notwithstanding any other provision of law, may 
provide funds and, with or without reimbursement, personnel, including 
service of Mine Safety and Health Administration officials as officers 
in local chapters or in the national organization; and any funds 
available to the Department may be used, with the approval of the 
Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics


                          Salaries and Expenses

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

                 Office of Disability Employment Policy


                          salaries and expenses

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

                        Departmental Management


                          Salaries and Expenses

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


                           Office of Job Corps

    To carry out subtitle C of title I of the Workforce Investment Act 
of 1998, including Federal administrative expenses, the purchase and 
hire of passenger motor vehicles, the construction, alteration and 
repairs of buildings and other facilities, and the purchase of real 
property for training centers as authorized by the Workforce Investment 
Act; $1,626,855,000, plus reimbursements, as follows:
        (1) $1,485,357,000 for Job Corps Operations, of which 
    $894,357,000 is available for obligation for the period July 1, 
    2008 through June 30, 2009 and of which $591,000,000 is available 
    for obligation for the period October 1, 2008 through June 30, 
    2009.
        (2) $112,920,000 for construction, rehabilitation and 
    acquisition of Job Corps Centers, of which $12,920,000 is available 
    for the period July 1, 2008 through June 30, 2011 and $100,000,000 
    is available for the period October 1, 2008 through June 30, 2011.
        (3) $28,578,000 for necessary expenses of the Office of Job 
    Corps is available for obligation for the period October 1, 2007 
    through September 30, 2008:
Provided, That the Office of Job Corps shall have contracting 
authority: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers: 
Provided further, That none of the funds made available in this Act 
shall be used to reduce Job Corps total student training slots below 
the current level of 44,491 in program year 2008.


                     veterans employment and training

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


                       Office of Inspector General

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

                           General Provisions

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


                           (transfer of funds)

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer: Provided, 
That the transfer authority granted by this section shall be available 
only to meet emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.
    Sec. 103. In accordance with Executive Order No. 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104. After September 30, 2007, the Secretary of Labor shall 
issue a monthly transit subsidy of not less than the full amount (of 
not less than $110) that each of its employees of the National Capital 
Region is eligible to receive.
    Sec. 105. None of the funds appropriated in this title for grants 
under section 171 of the Workforce Investment Act of 1998 may be 
obligated prior to the preparation and submission of a report by the 
Secretary of Labor to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the planned uses of such 
funds.
    Sec. 106. There is authorized to be appropriated such sums as may 
be necessary to the Denali Commission through the Department of Labor 
to conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 107. None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 may be used for any purpose other 
than training in the occupations and industries for which employers are 
using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training: Provided, That the preceding 
limitation shall not apply to multi-year grants awarded prior to June 
30, 2007.
    Sec. 108. None of the funds available in this Act or available to 
the Secretary of Labor from other sources for Community-Based Job 
Training grants and grants authorized under section 414(c) of the 
American Competitiveness and Workforce Improvement Act of 1998 shall be 
obligated for a grant awarded on a non-competitive basis.
    Sec. 109. The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition established 
in 20 CFR 667.220 for functions and activities under title I of the 
Workforce Investment Act of 1998, or to modify, through regulatory or 
administrative action, the procedure for redesignation of local areas 
as specified in subtitle B of title I of that Act (including applying 
the standards specified in section 116(a)(3)(B) of that Act, but 
notwithstanding the time limits specified in section 116(a)(3)(B) of 
that Act), until such time as legislation reauthorizing the Act is 
enacted. Nothing in the preceding sentence shall permit or require the 
Secretary of Labor to withdraw approval for such redesignation from a 
State that received the approval not later than October 12, 2005, or to 
revise action taken or modify the redesignation procedure being used by 
the Secretary in order to complete such redesignation for a State that 
initiated the process of such redesignation by submitting any request 
for such redesignation not later than October 26, 2005.
    Sec. 110. None of the funds made available in this or any other Act 
shall be available to finalize or implement any proposed regulation 
under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933, 
or the Trade Adjustment Assistance Reform Act of 2002 until such time 
as legislation reauthorizing the Workforce Investment Act of 1998 and 
the Trade Adjustment Assistance Reform Act of 2002 is enacted.
    Sec. 111. None of the funds available in this Act may be used to 
carry out a public-private competition or direct conversion under 
Office of Management and Budget Circular A-76 or any successor 
administrative regulation, directive or policy until 60 days after the 
Government Accountability Office provides a report to the Committees on 
Appropriations of the House of Representatives and the Senate on the 
use of competitive sourcing at the Department of Labor.
    Sec. 112. (a) Not later than June 20, 2008, the Secretary of Labor 
shall propose regulations pursuant to section 303(y) of the Federal 
Mine Safety and Health Act of 1977, consistent with the recommendations 
of the Technical Study Panel established pursuant to section 11 of the 
Mine Improvement and New Emergency Response (MINER) Act (Public Law 
109-236), to require that in any coal mine, regardless of the date on 
which it was opened, belt haulage entries not be used to ventilate 
active working places without prior approval from the Assistant 
Secretary. Further, a mine ventilation plan incorporating the use of 
air coursed through belt haulage entries to ventilate active working 
places shall not be approved until the Assistant Secretary has reviewed 
the elements of the plan related to the use of belt air and determined 
that the plan at all times affords at least the same measure of 
protection where belt haulage entries are not used to ventilate working 
places. The Secretary shall finalize the regulations not later than 
December 31, 2008.
    (b) Not later than June 15, 2008, the Secretary of Labor shall 
propose regulations pursuant to section 315 of the Federal Coal Mine 
Health and Safety Act of 1969, consistent with the recommendations of 
the National Institute for Occupational Safety and Health pursuant to 
section 13 of the MINER Act (Public Law 109-236), requiring rescue 
chambers, or facilities that afford at least the same measure of 
protection, in underground coal mines. The Secretary shall finalize the 
regulations not later than December 31, 2008.
    Sec. 113. None of the funds appropriated in this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in OMB Circular A-133. 
Where States are recipients of such funds, States may establish a lower 
limit for salaries and bonuses of those receiving salaries and bonuses 
from subrecipients of such funds, taking into account factors including 
the relative cost-of-living in the State, the compensation levels for 
comparable State or local government employees, and the size of the 
organizations that administer Federal programs involved including 
Employment and Training Administration programs.
    Sec. 114. (a) In this section:
        (1) The term ``covered funds'' means funds provided under 
    section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 
    2918) to a State that submits an application under that section not 
    earlier than May 4, 2007, for a national emergency grant to address 
    the effects of the May 4, 2007, Greensburg, Kansas, tornado.
        (2) The term ``professional municipal services'' means services 
    that are necessary to facilitate the recovery of Greensburg, 
    Kansas, from that tornado, and necessary to plan for or provide 
    basic management and administrative services, which may include--
            (A) the overall coordination of disaster recovery and 
        humanitarian efforts, oversight, and enforcement of building 
        code compliance, and coordination of health and safety response 
        units; or
            (B) the delivery of humanitarian assistance to individuals 
        affected by that tornado.
    (b) Covered funds may be used to provide temporary public sector 
employment and services authorized under section 173 of such Act to 
individuals affected by such tornado, including individuals who were 
unemployed on the date of the tornado, or who are without employment 
history, in addition to individuals who are eligible for disaster 
relief employment under section 173(d)(2) of such Act.
    (c) Covered funds may be used to provide professional municipal 
services for a period of not more than 24 months, by hiring or 
contracting with individuals or organizations (including individuals 
employed by contractors) that the State involved determines are 
necessary to provide professional municipal services.
    (d) Covered funds expended under this section may be spent on costs 
incurred not earlier than May 4, 2007.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2008''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                      Health Resources and Services

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V and sections 1128E, and 711, 
and 1820 of the Social Security Act, the Health Care Quality 
Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988, 
the Cardiac Arrest Survival Act of 2000, and section 712 of the 
American Jobs Creation Act of 2004, $6,978,099,000, of which 
$309,889,000 shall be available for construction and renovation 
(including equipment) of health care and other facilities and other 
health-related activities specified in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act), and of which $38,538,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program under such section: Provided, That of the funds made 
available under this heading, $160,000 shall be available until 
expended for facilities renovations at the Gillis W. Long Hansen's 
Disease Center: Provided further, That $40,000,000 of the funding 
provided for community health centers shall be for base grant 
adjustments for existing health centers: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That fees collected for the full disclosure of information 
under the ``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, shall be 
sufficient to recover the full costs of operating the program, and 
shall remain available until expended to carry out that Act: Provided 
further, That no more than $40,000 is available until expended for 
carrying out the provisions of 42 U.S.C. 233(o) including associated 
administrative expenses and relevant evaluations: Provided further, 
That no more than $44,055,000 is available until expended for carrying 
out the provisions of Public Law 104-73 and for expenses incurred by 
the Department of Health and Human Services pertaining to 
administrative claims made under such law: Provided further, That of 
the funds made available under this heading, $305,315,000 shall be for 
the program under title X of the Public Health Service Act to provide 
for voluntary family planning projects: Provided further, That amounts 
provided to said projects under such title shall not be expended for 
abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That of the funds 
available under this heading, $1,854,800,000 shall remain available to 
the Secretary of Health and Human Services through September 30, 2010, 
for parts A and B of title XXVI of the Public Health Service Act: 
Provided further, That within the amounts provided for part A of title 
XXVI of the Public Health Service Act, funds shall be made available to 
qualifying jurisdictions, within 45 days of enactment, for increasing 
supplemental grants for fiscal year 2008 to metropolitan areas that 
received grant funding in fiscal year 2007 under subparts I and II of 
part A of title XXVI of the Public Health Service Act to ensure that an 
area's total funding under part A for fiscal year 2007, together with 
the amount of this additional funding, is not less than 86.6 percent of 
the amount of such area's total funding under part A for fiscal year 
2006: Provided further, That, notwithstanding section 2603(c)(1) of the 
Public Health Service Act, the additional funding to areas under the 
immediately preceding proviso, which may be used for costs incurred 
during fiscal year 2007, shall be available to the area for obligation 
from the date of the award through the end of the grant year for the 
award: Provided further, That $808,500,000 shall be for State AIDS Drug 
Assistance Programs authorized by section 2616 of the Public Health 
Service Act: Provided further, That in addition to amounts provided 
herein, $25,000,000 shall be available from amounts available under 
section 241 of the Public Health Service Act to carry out parts A, B, 
C, and D of title XXVI of the Public Health Service Act to fund section 
2691 Special Projects of National Significance: Provided further, That, 
notwithstanding section 502(a)(1) and 502(b)(1) of the Social Security 
Act, not to exceed $100,937,000 is available for carrying out special 
projects of regional and national significance pursuant to section 
501(a)(2) of such Act and $10,586,000 is available for projects 
described in paragraphs (A) through (F) of section 501(a)(3) of such 
Act: Provided further, That of the funds provided, $39,283,000 shall be 
provided to the Denali Commission as a direct lump payment pursuant to 
Public Law 106-113: Provided further, That of the funds provided, 
$25,000,000 shall be provided for the Delta Health Initiative as 
authorized in section 219 of this Act and associated administrative 
expenses: Provided further, That notwithstanding section 747(e)(2) of 
the PHS Act, not less than $5,000,000 shall be for general dentistry 
programs, not less than $5,000,000 shall be for pediatric dentistry 
programs and not less than $24,614,000 shall be for family medicine 
programs: Provided further, That of the funds available under this 
heading, $9,000,000 shall be provided for the National Cord Blood 
Inventory pursuant to the Stem Cell Therapeutic and Research Act of 
2005.


            Health Education Assistance Loans Program Account

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


              Vaccine Injury Compensation Program Trust Fund

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

               Centers for Disease Control and Prevention


                 Disease Control, Research, and Training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 
203, 301, 501, and 514 of the Federal Mine Safety and Health Act of 
1977, section 13 of the Mine Improvement and New Emergency Response Act 
of 2006, sections 20, 21, and 22 of the Occupational Safety and Health 
Act of 1970, title IV of the Immigration and Nationality Act, section 
501 of the Refugee Education Assistance Act of 1980, and for expenses 
necessary to support activities related to countering potential 
biological, disease, nuclear, radiological, and chemical threats to 
civilian populations; including purchase and insurance