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


[DOCID: f:publ161.110]

[[Page 1843]]

                  CONSOLIDATED APPROPRIATIONS ACT, 2008

[[Page 121 STAT. 1844]]

Public Law 110-161
110th Congress

                                 An Act


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated Appropriations Act, 
2008''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Emergency designations.
Sec. 6. Statement of appropriations.

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

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions

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

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
Title VI--Rescissions

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

Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions

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

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
           the President
Title III--The Judiciary

[[Page 121 STAT. 1845]]

Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia

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

Title I--Department of Homeland Security
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research and Development, Training, and Services
Title V--General Provisions
Title VI--Border Infrastructure and Technology Modernization

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

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
Title V--Wildfire Suppression Emergency Appropriations

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

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--National Commission on Children and Disasters

         DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008

Title I--Legislative Branch Appropriations
Title II--General Provisions

   DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2008

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions

    DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                    PROGRAMS APPROPRIATIONS ACT, 2008

Title I--Department of State and Related Agencies
Title II--Export and Investment Assistance
Title III--Bilateral Economic Assistance
Title IV--Military Assistance
Title V--Multilateral Economic Assistance
Title VI--General Provisions

 DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2008

Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act

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

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

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

[[Page 121 STAT. 1846]]

SEC. 4. EXPLANATORY STATEMENT.

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

SEC. 5. EMERGENCY DESIGNATIONS.

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

SEC. 6. STATEMENT OF APPROPRIATIONS.

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

 DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food 
   and Drug Administration, and Related Agencies Appropriations Act, 
  2008.>> RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2008

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                         Office of the Secretary

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

                          Executive Operations


                      office of the chief economist


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


                        National Appeals Division


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


                  Office of Budget and Program Analysis


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

[[Page 121 STAT. 1847]]

                         Homeland Security Staff


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

                 Office of the Chief Information Officer

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

                  Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)


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

[[Page 121 STAT. 1848]]

                     Hazardous Materials Management


                     (including transfers of funds)


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

                       Departmental Administration


                     (including transfers of funds)


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

      Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)


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

                        Office of Communications

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

[[Page 121 STAT. 1849]]

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$80,052,000, including such sums as may be necessary for contracting and 
other arrangements with public agencies and private persons pursuant to 
section 6(a)(9) of the Inspector General Act of 1978, and including not 
to exceed $125,000 for certain confidential operational expenses, 
including the payment of informants, to be expended under the direction 
of the Inspector General pursuant to Public Law 95-452 and section 1337 
of Public Law 97-98.

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$39,227,000.

   Office of the Under Secretary for Research, Education and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education and Economics to administer the laws enacted by the 
Congress for the Economic Research Service, the National Agricultural 
Statistics Service, the Agricultural Research Service, and the 
Cooperative State Research, Education, and Extension Service, $596,000.

                        Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, $77,943,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, 
$163,355,000, of which up to $52,351,000 shall be available until 
expended for the Census of Agriculture.

                      Agricultural Research Service


                          salaries and expenses


    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percent 
of the total value of the land or interests transferred out of Federal 
ownership, $1,128,944,000: Provided, <<NOTE: 7 USC 2254.>> That 
appropriations hereunder shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed one for 
replacement only: Provided further, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250

[[Page 121 STAT. 1850]]

for the construction, alteration, and repair of buildings and 
improvements, but unless otherwise provided, the cost of constructing 
any one building shall not exceed $375,000, except for headhouses or 
greenhouses which shall each be limited to $1,200,000, and except for 10 
buildings to be constructed or improved at a cost not to exceed $750,000 
each, and the cost of altering any one building during the fiscal year 
shall not exceed 10 percent of the current replacement value of the 
building or $375,000, whichever is greater: Provided 
further, <<NOTE: Maryland.>> That the limitations on alterations 
contained in this Act shall not apply to modernization or replacement of 
existing facilities at Beltsville, Maryland: Provided further, That 
appropriations hereunder shall be available for granting easements at 
the Beltsville Agricultural Research Center: Provided further, That the 
foregoing limitations shall not apply to replacement of buildings needed 
to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided 
further, That funds may be received from any State, other political 
subdivision, organization, or individual for the purpose of establishing 
or operating any research facility or research project of the 
Agricultural Research Service, as authorized by law: Provided 
further, <<NOTE: Tobacco and tobacco products. 7 USC 2254a.>> That 
hereafter none of the funds appropriated under this heading shall be 
available to carry out research related to the production, processing, 
or marketing of tobacco or tobacco products.


                        Buildings and Facilities


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

      Cooperative State Research, Education, and Extension Service


                    research and education activities


    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$672,997,000, as follows: to carry out the provisions of the Hatch Act 
of 1887 (7 U.S.C. 361a-i), $197,192,000; for grants for cooperative 
forestry research (16 U.S.C. 582a through a-7), $24,966,000; for 
payments to eligible institutions (7 U.S.C. 3222), $41,340,000, provided 
that each institution receives no less than $1,000,000; for special 
grants for agricultural research (7 U.S.C. 450i(c)), $92,422,000, of 
which $2,095,000 shall be for grants pursuant to 7 U.S.C. 3155; for 
competitive grants for agricultural research on improved pest control (7 
U.S.C. 450i(c)), $15,421,000; for competitive research grants (7 U.S.C. 
450i(b)), $192,229,000; for the support of animal health and disease 
programs (7 U.S.C. 3195), $5,006,000; for supplemental and alternative 
crops and products (7 U.S.C. 3319d), $825,000; for grants for research 
pursuant to the Critical Agricultural Materials Act (7 U.S.C. 178 et 
seq.), $1,091,000, to remain available until expended; for the 1994 
research grants program for 1994 institutions pursuant to section 536 of 
Public Law 103-382 (7 U.S.C. 301 note), $1,544,000, to remain available 
until expended; for rangeland research grants (7 U.S.C. 3333), $990,000; 
for higher education graduate fellowship grants (7 U.S.C.

[[Page 121 STAT. 1851]]

3152(b)(6)), $3,701,000, to remain available until expended (7 U.S.C. 
2209b); for a program pursuant to section 1415A of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3151a), $875,000, to remain available until expended; for higher 
education challenge grants (7 U.S.C. 3152(b)(1)), $5,423,000; for a 
higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), 
$988,000, to remain available until expended (7 U.S.C. 2209b); for an 
education grants program for Hispanic-serving Institutions (7 U.S.C. 
3241), $6,089,000; for competitive grants for the purpose of carrying 
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) 
to individual eligible institutions or consortia of eligible 
institutions in Alaska and in Hawaii, with funds awarded equally to each 
of the States of Alaska and Hawaii, $3,218,000; for a secondary 
agriculture education program and 2-year post-secondary education (7 
U.S.C. 3152(j)), $990,000; for aquaculture grants (7 U.S.C. 3322), 
$3,956,000; for sustainable agriculture research and education (7 U.S.C. 
5811), $14,500,000; for a program of capacity building grants (7 U.S.C. 
3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C. 
3221 and 3222, $13,688,000, to remain available until expended (7 U.S.C. 
2209b); for payments to the 1994 Institutions pursuant to section 
534(a)(1) of Public Law 103-382, $3,342,000; for resident instruction 
grants for insular areas under section 1491 of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363), 
$750,000; and for necessary expenses of Research and Education 
Activities, $42,451,000, of which $2,723,000 for the Research, 
Education, and Economics Information System and $2,151,000 for the 
Electronic Grants Information System, are to remain available until 
expended: Provided, <<NOTE: Tobacco and tobacco products. 7 USC 
2254b.>> That hereafter none of the funds appropriated under this 
heading shall be available to carry out research related to the 
production, processing, or marketing of tobacco or tobacco products: 
Provided further, That hereafter this paragraph shall not apply to 
research on the medical, biotechnological, food, and industrial uses of 
tobacco.


               Native American Institutions Endowment Fund


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


                          extension activities


    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa, 
$456,460,000, as follows: payments for cooperative extension work under 
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of 
said Act, and under section 208(c) of Public Law 93-471, for retirement 
and employees' compensation costs for extension agents, $276,596,000; 
payments for extension work at the 1994 Institutions under the Smith-
Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments for the nutrition 
and family education program for low-income areas under section 3(d) of 
the Act, $66,019,000; payments for the pest management program under 
section 3(d) of the Act, $9,860,000; payments for the farm safety 
program under section 3(d) of the Act, $4,759,000; payments for New 
Technologies for Ag Extension under section 3(d) of the Act, $1,485,000; 
payments to upgrade research, extension, and teaching

[[Page 121 STAT. 1852]]

facilities at institutions eligible to receive funds under 7 U.S.C. 3221 
and 3222, $17,389,000, to remain available until expended; payments for 
youth-at-risk programs under section 3(d) of the Smith-Lever Act, 
$8,024,000; for youth farm safety education and certification extension 
grants, to be awarded competitively under section 3(d) of the Act, 
$467,000; payments for carrying out the provisions of the Renewable 
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.), $4,036,000; 
payments for the federally-recognized Tribes Extension Program under 
section 3(d) of the Smith-Lever Act, $3,000,000; payments for 
sustainable agriculture programs under section 3(d) of the Act, 
$4,600,000; payments for rural health and safety education as authorized 
by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $1,750,000; 
payments for cooperative extension work by eligible institutions (7 
U.S.C. 3221), $36,103,000, provided that each institution receives no 
less than $1,000,000; for grants to youth organizations pursuant to 
section 7630 of title 7, United States Code, $1,750,000; and for 
necessary expenses of Extension Activities, $17,301,000.


                          integrated activities


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


               Outreach for Socially Disadvantaged Farmers


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

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs to administer programs under the laws 
enacted by the Congress for the Animal and Plant Health Inspection 
Service; the Agricultural Marketing Service; and

[[Page 121 STAT. 1853]]

the Grain Inspection, Packers and Stockyards Administration; $721,000.

               Animal and Plant Health Inspection Service


                          salaries and expenses


                     (including transfers of funds)


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

[[Page 121 STAT. 1854]]

                     Agricultural Marketing Service


                           marketing services


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


                  limitation on administrative expenses


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


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


                     (including transfers of funds)


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


                   Payments to States and Possessions


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

[[Page 121 STAT. 1855]]

         Grain Inspection, Packers and Stockyards Administration


                          salaries and expenses


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


         Limitation on Inspection and Weighing Services Expenses


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

              Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

[[Page 121 STAT. 1856]]

Office of the Under Secretary for Farm and Foreign Agricultural Services

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

                           Farm Service Agency


                          salaries and expenses


                     (including transfers of funds)


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


                         State Mediation Grants


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


               Grassroots Source Water Protection Program


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


                         dairy indemnity program


                      (including transfer of funds)


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

[[Page 121 STAT. 1857]]

           Agricultural Credit Insurance Fund Program Account


                     (including transfers of funds)


    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from 
funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,471,257,000, of which $1,247,400,000 shall be for 
unsubsidized guaranteed loans and $223,857,000 shall be for direct 
loans; operating loans, $1,875,686,000, of which $1,024,650,000 shall be 
for unsubsidized guaranteed loans, $271,886,000 shall be for subsidized 
guaranteed loans and $579,150,000 shall be for direct loans; Indian 
tribe land acquisition loans, $3,960,000; and for boll weevil 
eradication program loans, $100,000,000: Provided, <<NOTE: Pink 
Bollworm.>> That the Secretary shall deem the pink bollworm to be a boll 
weevil for the purpose of boll weevil eradication program loans.

    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $14,952,000, of which 
$4,990,000 shall be for unsubsidized guaranteed loans, and $9,962,000 
shall be for direct loans; operating loans, $134,561,000, of which 
$24,797,000 shall be for unsubsidized guaranteed loans, $36,270,000 
shall be for subsidized guaranteed loans, and $73,494,000 shall be for 
direct loans; and Indian tribe land acquisition loans, $125,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $311,229,000, of which $303,309,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: 
Provided, <<NOTE: Notification. Deadline.>> That the Committees on 
Appropriations of both Houses of Congress are notified at least 15 days 
in advance of any transfer.

                         Risk Management Agency

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

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard

[[Page 121 STAT. 1858]]

to fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act as may be necessary in carrying out the programs 
set forth in the budget for the current fiscal year for such corporation 
or agency, except as hereinafter provided.

                 Federal Crop Insurance Corporation Fund

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

                    Commodity Credit Corporation Fund


                  reimbursement for net realized losses


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


                       hazardous waste management


                        (limitation on expenses)


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

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service


                         Conservation Operations


    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and

[[Page 121 STAT. 1859]]

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


                watershed and flood prevention operations


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


                    Watershed Rehabilitation Program


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


                  resource conservation and development


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

[[Page 121 STAT. 1860]]

                     Healthy Forests Reserve Program


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

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

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

                 Rural Development Salaries and Expenses


                     (including transfers of funds)


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

                          Rural Housing Service


              Rural Housing Insurance Fund Program Account


                     (including transfers of funds)


    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$5,349,391,000 for loans to section 502 borrowers, of which 
$1,129,391,000 shall be for direct loans, and of which $4,220,000,000 
shall be for unsubsidized guaranteed loans; $34,652,000 for section 504 
housing repair loans; $70,000,000 for section 515 rental housing; 
$130,000,000 for section 538 guaranteed multi-family housing loans; 
$5,045,000 for section 524 site loans; $11,485,000 for credit sales of 
acquired property, of which up to $1,485,000 may be for multi-family 
credit sales; and $5,000,000 for section 523 self-help housing land 
development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans,

[[Page 121 STAT. 1861]]

$156,224,000, of which $105,824,000 shall be for direct loans, and of 
which $50,400,000, to remain available until expended, shall be for 
unsubsidized guaranteed loans; section 504 housing repair loans, 
$9,796,000; repair, rehabilitation, and new construction of section 515 
rental housing, $29,827,000; section 538 multi-family housing guaranteed 
loans, $12,220,000; credit sales of acquired property, $552,000; and 
section 523 self-help housing and development loans, $142,000: Provided, 
That of the total amount appropriated in this paragraph, $2,500,000 
shall be available through June 30, 2008, for authorized empowerment 
zones and enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones: 
Provided further, <<NOTE: Alaska.>> That any funds under this paragraph 
initially allocated by the Secretary for housing projects in the State 
of Alaska that are not obligated by September 30, 2008, shall be carried 
over until September 30, 2009, and made available for such housing 
projects only in the State of Alaska: Provided further, That any 
unobligated balances for a demonstration program for the preservation 
and revitalization of the section 515 multi-family rental housing 
properties as authorized by Public Law 109-97 shall be transferred to 
and merged with the ``Rural Housing Service, Multi-family Housing 
Revitalization Program Account''.

    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $452,927,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.


                        Rental Assistance Program


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

[[Page 121 STAT. 1862]]

are not receiving such assistance: Provided 
further, <<NOTE: Applicability.>> That such recaptured rental assistance 
shall, to the extent practicable, be applied to another farm labor 
multi-family housing project financed under section 514 or 516 of the 
Act.


           Multi-family Housing Revitalization Program Account


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

[[Page 121 STAT. 1863]]

determines that additional funds for vouchers described in this 
paragraph are needed, funds for the preservation and revitalization 
demonstration program may be used for such vouchers: Provided further, 
That if Congress enacts legislation to permanently authorize a section 
515 multi-family rental housing loan restructuring program similar to 
the demonstration program described herein, the Secretary may use funds 
made available for the demonstration program under this heading to carry 
out such legislation with the prior approval of the Committees on 
Appropriations of both Houses of Congress.


                   Mutual and Self-Help Housing Grants


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


                     rural housing assistance grants


                      (including transfer of funds)


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


                       Farm Labor Program Account


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


               RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT


                     (INCLUDING TRANSFERS OF FUNDS)


    For the cost of direct loans, loan guarantees, and grants for rural 
community facilities programs as authorized by section 306 and described 
in section 381E(d)(1) of the Consolidated Farm and Rural Development 
Act, $68,952,000, to remain available until expended: Provided, That 
$6,300,000 of the amount appropriated under this heading shall be 
available for a Rural Community Development Initiative: Provided 
further, That such funds shall

[[Page 121 STAT. 1864]]

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

                   Rural Business--Cooperative Service


                     RURAL BUSINESS PROGRAM ACCOUNT


                     (INCLUDING TRANSFERS OF FUNDS)


    For the cost of direct loans, loan guarantees, and grants, for the 
rural business development programs authorized by sections 306 and 310B 
and described in section 310B(f) and 381E(d)(3) of the Consolidated Farm 
and Rural Development Act, $87,700,000, to remain available until 
expended: Provided, That of the amount appropriated under this heading, 
not to exceed $500,000 shall be made available for a grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development and 
$3,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 
1921 et seq.) for any Rural Community Advancement Program purpose as 
described in section 381E(d) of the Consolidated Farm and Rural 
Development Act, of which not more than 5 percent may be used for 
administrative expenses: Provided further, That $4,000,000 of the amount 
appropriated under this heading shall be for business grants to

[[Page 121 STAT. 1865]]

benefit Federally Recognized Native American Tribes, including $250,000 
for a grant to a qualified national organization to provide technical 
assistance for rural transportation in order to promote economic 
development: Provided further, That not to exceed $8,300,000 of the 
amount appropriated under this heading shall be available through June 
30, 2008, for authorized empowerment zones and enterprise communities 
and communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural business and cooperative 
development programs described in section 381E(d)(3) of the Consolidated 
Farm and Rural Development Act: Provided further, That section 381E-H 
and 381N of the Consolidated Farm and Rural Development Act are not 
applicable to funds made available under this heading: Provided further, 
That any prior balances in the Rural Development, Rural Community 
Advancement Program account for programs authorized by sections 306 and 
310B and described in section 310B(f) and 381E(d)(3) of such Act be 
transferred and merged with this account and any other prior balances 
from the Rural Development, Rural Community Advancement Program account 
that the Secretary determines is appropriate to transfer.


               rural development loan fund program account


                      (including transfer of funds)


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


            Rural Economic Development Loans Program Account


                     (including rescission of funds)


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

[[Page 121 STAT. 1866]]

                  rural cooperative development grants


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


        Rural Empowerment Zones and Enterprise Communities Grants


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


                        Renewable Energy Program


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

                         Rural Utilities Service


             RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT


                     (INCLUDING TRANSFERS OF FUNDS)


    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, and 310B and 
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $562,565,000, to remain 
available until expended, of which not to exceed $500,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $1,000,000 shall be 
available for the rural utilities program described in section 306E of 
such Act: Provided, That $65,000,000 of the amount appropriated under 
this heading shall be for water and waste disposal systems grants 
authorized by

[[Page 121 STAT. 1867]]

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


   Rural Electrification and Telecommunications Loans Program Account


                      (including transfer of funds)


    The principal amount of direct and guaranteed loans as authorized by 
section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) 
shall be made as follows: 5 percent rural electrification loans, 
$100,000,000; loans made pursuant to section 306 of that Act, rural 
electric, $6,500,000,000; guaranteed underwriting loans

[[Page 121 STAT. 1868]]

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


         Distance Learning, Telemedicine, and Broadband Program


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

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

[[Page 121 STAT. 1869]]

                       Food and Nutrition Service


                        Child Nutrition Programs


                     (including transfers of funds)


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


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


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


                           food stamp program


    For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011 et seq.), $39,782,723,000, of which $3,000,000,000 to remain 
available through September 30, 2009, shall be placed in

[[Page 121 STAT. 1870]]

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


                      commodity assistance program


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


                    Nutrition Programs Administration


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

[[Page 121 STAT. 1871]]

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                          Salaries and Expenses


                     (including transfers of funds)


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


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


                     (including transfers of funds)


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


                     Public Law 480 Title II Grants


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


        commodity credit corporation export loans program account


                     (including transfers of funds)


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

[[Page 121 STAT. 1872]]

which $343,000 may be transferred to and merged with the appropriation 
for ``Farm Service Agency, Salaries and Expenses''.


  Mc Govern-Dole International Food for Education and Child Nutrition 
                             Program Grants


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

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                          Salaries and Expenses


    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $2,247,961,000: Provided, That of the amount provided under 
this heading, $459,412,000 shall be derived from prescription drug user 
fees authorized by 21 U.S.C. 379h shall be credited to this account and 
remain available until expended, and shall not include any fees pursuant 
to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2009 but 
collected in fiscal year 2008; $48,431,000 shall be derived from medical 
device user fees authorized by 21 U.S.C. 379j, and shall be credited to 
this account and remain available until expended; and $13,696,000 shall 
be derived from animal drug user fees authorized by 21 U.S.C. 379j, and 
shall be credited to this account and remain available until expended: 
Provided further, That fees derived from prescription drug, medical 
device, and animal drug assessments received during fiscal year 2008, 
including any such fees assessed prior to the current fiscal year but 
credited during the current year, shall be subject to the fiscal year 
2008 limitation: Provided further, That none of these funds shall be 
used to develop, establish, or operate any program of user fees 
authorized by 31 U.S.C. 9701: Provided further, That of the total amount 
appropriated: (1) $513,461,000 shall be for the Center for Food Safety 
and Applied Nutrition and related field activities in the Office of 
Regulatory Affairs; (2) $682,759,000 shall be for the Center for Drug 
Evaluation and Research and related field activities in the Office of 
Regulatory Affairs, of which no less than $41,900,000 shall be available 
for

[[Page 121 STAT. 1873]]

the Office of Generic Drugs; (3) $236,985,000 shall be for the Center 
for Biologics Evaluation and Research and for related field activities 
in the Office of Regulatory Affairs; (4) $109,244,000 shall be for the 
Center for Veterinary Medicine and for related field activities in the 
Office of Regulatory Affairs; (5) $267,284,000 shall be for the Center 
for Devices and Radiological Health and for related field activities in 
the Office of Regulatory Affairs; (6) $44,316,000 shall be for the 
National Center for Toxicological Research; (7) not to exceed 
$99,922,000 shall be for Rent and Related activities, of which 
$38,808,000 is for White Oak Consolidation, other than the amounts paid 
to the General Services Administration for rent; (8) not to exceed 
$160,094,000 shall be for payments to the General Services 
Administration for rent; and (9) $133,896,000 shall be for other 
activities, including the Office of the Commissioner; the Office of 
Scientific and Medical Programs; the Office of Policy, Planning and 
Preparedness; the Office of International and Special Programs; the 
Office of Operations; and central services for these offices: Provided 
further, That of the amounts made available under this heading, 
$28,000,000 for the Center for Food Safety and Applied Nutrition and 
related field activities in the Office of Regulatory Affairs shall be 
available from July 1, 2008, to September 30, 2009, for implementation 
of a comprehensive food safety performance plan: Provided further, That 
none of the funds made available under this heading shall be used to 
transfer funds under section 770(n) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds may be 
transferred from one specified activity to another with the prior 
approval of the Committees on Appropriations of both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b may 
be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until expended.


                        Buildings and Facilities


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

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

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

[[Page 121 STAT. 1874]]

                       Farm Credit Administration


                  limitation on administrative expenses


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

                                TITLE VII

                           GENERAL PROVISIONS


             (including rescissions and transfers of funds)


    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for the 
current fiscal year under this Act shall be available for the purchase, 
in addition to those specifically provided for, of not to exceed 182 
passenger motor vehicles, of which 142 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. <<NOTE: 7 USC 2209b note.>> New obligational authority 
provided for the following appropriation items in this Act shall remain 
available until expended: Animal and Plant Health Inspection Service, 
the contingency fund to meet emergency conditions, information 
technology infrastructure, fruit fly program, emerging plant pests, 
cotton pests program, avian influenza programs, grasshopper program, up 
to $9,750,000 in animal health monitoring and surveillance for the 
animal identification system, up to $1,500,000 in the scrapie program 
for indemnities, up to $3,000,000 in the emergency management systems 
program for the vaccine bank, up to $1,000,000 for wildlife services 
methods development, up to $1,000,000 of the wildlife services 
operations program for aviation safety, and up to 25 percent of the 
screwworm program; Food Safety and Inspection Service, Public Health 
Data Communication Infrastructure System; Cooperative State Research, 
Education, and Extension Service, funds for competitive research grants 
(7 U.S.C. 450i(b)), funds for the Research, Education, and Economics 
Information System, and funds for the Native American Institutions 
Endowment Fund; Farm Service Agency, salaries and expenses funds made 
available to county committees; Foreign Agricultural Service, middle-
income country training program, and up to $2,000,000 of the Foreign 
Agricultural Service appropriation solely for the purpose of offsetting 
fluctuations in international currency exchange rates, subject to 
documentation by the Foreign Agricultural Service.

    Sec. 703. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant and 
capital equipment necessary for the financial management modernization 
initiative and the delivery of financial, administrative, and 
information technology services of primary benefit to the agencies of 
the Department of Agriculture: Provided, That none of the funds made 
available by this Act or any other Act shall be transferred to the 
Working Capital Fund without the prior approval of the agency 
administrator: Provided further, That none

[[Page 121 STAT. 1875]]

of the funds transferred to the Working Capital Fund pursuant to this 
section shall be available for obligation without the prior approval of 
the Committees on Appropriations of both Houses of Congress: Provided 
further, That none of the funds appropriated by this Act or made 
available to the Department's Working Capital Fund shall be available 
for obligation or expenditure to make any changes to the Department's 
National Finance Center without prior approval of the Committees on 
Appropriations of both Houses of Congress as required by section 713 of 
this Act.
    Sec. 704. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 705. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 706. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the Cooperative State 
Research, Education, and Extension Service that exceed 20 percent of 
total Federal funds provided under each award: Provided, That 
notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the Cooperative 
State Research, Education, and Extension Service shall be available to 
pay full allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 707. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Electrification and 
Telecommunication Loans program account, and the Rural Housing Insurance 
Fund program account.
    Sec. 708. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 709. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 710. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.

[[Page 121 STAT. 1876]]

    Sec. 711. None of the funds appropriated or otherwise made available 
to the Department of Agriculture or the Food and Drug Administration 
shall be used to transmit or otherwise make available to any non-
Department of Agriculture or non-Department of Health and Human Services 
employee questions or responses to questions that are a result of 
information requested for the appropriations hearing process.
    Sec. 712. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committees on 
Appropriations of both Houses of Congress: Provided further, That none 
of the funds available to the Department of Agriculture for information 
technology shall be obligated for projects over $25,000 prior to receipt 
of written approval by the Chief Information Officer.
    Sec. 713. (a) <<NOTE: Notifications. Deadlines.>> None of the funds 
provided by this Act, or provided by previous Appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees; unless the Committees 
        on Appropriations of both Houses of Congress are notified 15 
        days in advance of such reprogramming of funds.

    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, which-ever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of personnel by 
10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.

[[Page 121 STAT. 1877]]

    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify the Committees on Appropriations of both Houses of Congress 
before implementing a program or activity not carried out during the 
previous fiscal year unless the program or activity is funded by this 
Act or specifically funded by any other Act.
    Sec. 714. None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2009 appropriations Act.
    Sec. 715. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance--
            (1) from funds available for the Watershed and Flood 
        Prevention Operations program for the Pocasset River Floodplain 
        Management Project in the State of Rhode Island;
            (2) through the Watershed and Flood Prevention Operations 
        program to carry out the East Locust Creek Watershed Plan 
        Revision in Missouri, including up to 100 percent of the 
        engineering assistance and 75 percent cost share for 
        construction cost of site RW1;
            (3) through the Watershed Flood Prevention Operations 
        program to carry out the Little Otter Creek Watershed project. 
        The sponsoring local organization may obtain land rights by 
        perpetual easements; and
            (4) through the Watershed and Flood Prevention Operations 
        program to the McDowell Grove Dam Flood Plain/Wetlands 
        Restoration Project in DuPage County, Illinois.

    Sec. 716. None of the funds made available by this or any other Act 
may be used to close or relocate a Rural Development office unless or 
until the Secretary of Agriculture determines the cost effectiveness 
and/or enhancement of program delivery: 
Provided, <<NOTE: Deadline. Notification.>> That not later than 60 days 
before the date of the proposed closure or relocation, the Secretary 
notifies the Committees on Appropriation of the House and Senate, and 
the members of Congress from the State in which the office is located of 
the proposed closure or relocation and provides a report that describes 
the justifications for such closures and relocations.

    Sec. 717. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or 
county limits of St. Louis, Missouri.
    Sec. 718. Notwithstanding any other provision of law, of the funds 
made available in this Act for competitive research grants (7 U.S.C. 
450i(b)), the Secretary may use up to 26 percent of

[[Page 121 STAT. 1878]]

the amount provided to carry out a competitive grants program under the 
same terms and conditions as those provided in section 401 of the 
Agricultural Research, Extension, and Education Reform Act of 1998 (7 
U.S.C. 7621).
    Sec. 719. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out an environmental quality incentives program 
authorized by chapter 4 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of $1,000,000,000.
    Sec. 720. None of the funds made available in fiscal year 2008 or 
preceding fiscal years for programs authorized under the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in 
excess of $20,000,000 shall be used to reimburse the Commodity Credit 
Corporation for the release of eligible commodities under section 
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
1): Provided, That any such funds made available to reimburse the 
Commodity Credit Corporation shall only be used pursuant to section 
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
    Sec. 721. No funds shall be used to pay salaries and expenses of the 
Department of Agriculture to carry out or administer the program 
authorized by section 14(h)(1) of the Watershed Protection and Flood 
Prevention Act (16 U.S.C. 1012(h)(1)).
    Sec. 722. Notwithstanding subsections (c) and (e)(2) of section 313A 
of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in 
implementing section 313A of that Act, the Secretary shall, with the 
consent of the lender, structure the schedule for payment of the annual 
fee, not to exceed an average of 30 basis points per year for the term 
of the loan, to ensure that sufficient funds are available to pay the 
subsidy costs for note guarantees under that section.
    Sec. 723. None of the funds made available by this Act may be used 
to issue a final rule in furtherance of, or otherwise implement, the 
proposed rule on cost-sharing for animal and plant health emergency 
programs of the Animal and Plant Health Inspection Service published on 
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
    Sec. 724. There is hereby appropriated $437,000, to remain available 
until expended, for the Denali Commission to address deficiencies in 
solid waste disposal sites which threaten to contaminate rural drinking 
water supplies.
    Sec. 725. Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 in the current fiscal year 
shall remain available until expended to disburse obligations made in 
the current fiscal year. Funds made available under section 524(b) of 
the Federal Crop Insurance Act, 7 U.S.C. 1524(b), in fiscal years 2004, 
2005, 2006, 2007, and 2008 shall remain available until expended to 
disburse obligations made in fiscal years 2004, 2005, 2006, 2007, and 
2008 respectively, and except for fiscal year 2008 funds, are not 
available for new obligations.
    Sec. 726. None of the funds provided in this Act may be used for 
salaries and expenses to draft or implement any regulation or rule 
insofar as it would require recertification of rural status for each 
electric and telecommunications borrower for the Rural Electrification 
and Telecommunication Loans program.

[[Page 121 STAT. 1879]]

    Sec. 727. <<NOTE: News stories.>> Unless otherwise authorized by 
existing law, none of the funds provided in this Act, may be used by an 
executive branch agency to produce any prepackaged news story intended 
for broadcast or distribution in the United States unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.

    Sec. 728. Notwithstanding any other provision of law, any former RUS 
borrower that has repaid or prepaid an insured, direct or guaranteed 
loan under the Rural Electrification Act, or any not-for-profit utility 
that is eligible to receive an insured or direct loan under such Act, 
shall be eligible for assistance under Section 313(b)(2)(B) of such Act 
in the same manner as a borrower under such Act.
    Sec. 729. Notwithstanding any other provision of law, the Secretary 
of Agriculture is authorized to make funding and other assistance 
available through the emergency watershed protection program under 
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to 
repair and prevent damage to non-Federal land in watersheds that have 
been impaired by fires initiated by the Federal Government and shall 
waive cost sharing requirements for the funding and assistance.
    Sec. 730. None of the funds made available in this Act may be used 
to study, complete a study of, or enter into a contract with a private 
party to carry out, without specific authorization in a subsequent Act 
of Congress, a competitive sourcing activity of the Secretary of 
Agriculture, including support personnel of the Department of 
Agriculture, relating to rural development or farm loan programs.
    Sec. 731. Of the amount available for Estimated Future Needs under 
section 32 of the Act of August 24, 1935, $184,000,000 are hereby 
rescinded: Provided, That in addition, of the unobligated balances under 
section 32 of the Act of August 24, 1935, $500,000,000 are hereby 
rescinded.
    Sec. 732. Of the appropriations available for payments for the 
nutrition and family education program for low-income areas under 
section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)), if the payment 
allocation pursuant to section 1425(c) of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(c)) 
would be less than $100,000 for any institution eligible under section 
3(d)(2) of the Smith-Lever Act, the Secretary shall adjust payment 
allocations under section 1425(c) of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 to ensure that each 
institution receives a payment of not less than $100,000.
    Sec. 733. None of the funds made available in this Act may be used 
to establish or implement a rule allowing poultry products to be 
imported into the United States from the People's Republic of China.
    Sec. 734. There is hereby appropriated $3,750,000, to remain 
available until expended, for a grant to the National Center for Natural 
Products Research for construction or renovation to carry out the 
research objectives of the natural products research grant issued by the 
Food and Drug Administration.
    Sec. 735. There is hereby appropriated $150,000, to remain available 
until expended, for the planning and design of construction of an 
agriculture pest facility in the State of Hawaii.

[[Page 121 STAT. 1880]]

    Sec. 736. None of the funds made available to the Department of 
Agriculture in this Act may be used to implement the risk-based 
inspection program in the 30 prototype locations announced on February 
22, 2007, by the Under Secretary for Food Safety, or at any other 
locations, until the USDA Office of Inspector General has provided its 
findings to the Food Safety and Inspection Service and the Committees on 
Appropriations of the House of Representatives and the Senate on the 
data used in support of the development and design of the risk-based 
inspection program and FSIS has addressed and resolved issues identified 
by OIG.
    Sec. 737. The Secretary of Agriculture shall continue the Water and 
Waste Systems Direct Loan Program under the authority and conditions 
(including the fees, borrower interest rate, and the President's 
economic assumptions for the 2008 Fiscal Year, as of June 1, 2007) 
provided by the ``Continuing Appropriations Resolution, 2007''.
    Sec. 738. (a) Section 13(b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1761(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (A);
                    (B) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (A) through (C), respectively;
                    (C) in subparagraph (A) (as redesignated by 
                subparagraph (B)), striking ``(B)'' and all that follows 
                through ``shall not exceed'' and inserting the 
                following:
                    ``(A) In general.--Subject to subparagraph (B) and 
                in addition to amounts made available under paragraph 
                (3), payments to service institutions shall be'';
                    (D) in subparagraph (B) (as redesignated by 
                subparagraph (B)), by striking ``subparagraph (B)'' and 
                inserting ``subparagraph (A)''; and
                    (E) in subparagraph (C) (as redesignated by 
                subparagraph (B)), by striking ``(A), (B), and (C)'' and 
                inserting ``(A) and (B)''; and
            (2) in the second sentence of paragraph (3), by striking 
        ``full amount of State approved'' and all that follows through 
        ``maximum allowable''.

    (b) Conforming Amendment.--Section 18 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1769) is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsections (g) through (k) as 
        subsections (f) through (j), respectively.

    (c) Effective Date.--The <<NOTE: 42 USC 1761 note.>> amendments made 
by this section take effect on January 1 of the first full calendar year 
following the date of enactment of this Act.

    Sec. 739. There is hereby appropriated $9,900,000, to remain 
available until September 30, 2009, which, in conjunction with all 
unobligated balances available to the Secretary under section 18(g) of 
the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) 
shall be used to continue the Fresh Fruit and Vegetable Program (42 
U.S.C. 1769(g)) in all currently participating States and expand the 
program to all the contiguous States and, Alaska, Hawaii and the 
District of Columbia not currently served by the authorized program: 
Provided, That of funds available under this section, not to exceed 5 
percent may be available for Federal administrative costs, as determined 
by the Secretary of Agriculture: Provided further, That for the purposes 
of this section, ``currently

[[Page 121 STAT. 1881]]

participating States'' shall be defined as those authorized to 
participate under section 18(g) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769(g)) as well as those authorized to 
participate under section 779 of Public Law 109-97: Provided further, 
That implementation of the program in new States shall begin with school 
year 2008/2009.
    Sec. 740. Section 704 of the Department of Agriculture Organic Act 
of 1944 (7 U.S.C. 2258) is amended by striking the first proviso.
    Sec. 741. None of the funds made available in this Act may be used 
to pay the salaries or expenses of personnel to--
            (1) inspect horses under section 3 of the Federal Meat 
        Inspection Act (21 U.S.C. 603);
            (2) inspect horses under section 903 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
        note; Public Law 104-127); or
            (3) implement or enforce section 352.19 of title 9, Code of 
        Federal Regulations.

    Sec. 742. There is hereby appropriated $800,000 to the Farm Service 
Agency to carry out a pilot program to demonstrate the use of new 
technologies that increase the rate of growth of re-forested hardwood 
trees on private non-industrial forests lands, enrolling lands on the 
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 
2005.
    Sec. 743. (a) Sections 9001(a) and 9002 of the U.S. Troop Readiness, 
Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations 
Act, 2007 (Public Law 110-28; 121 Stat. 211, 214) are amended by 
striking ``February 28, 2007'' each place it occurs and inserting 
``December 31, 2007''.
    (b) There is hereby appropriated $20,000,000 for the ``Farm Service 
Agency, Salaries and Expenses''.
    (c) Each amount provided by this section is designated as described 
in section 5 (in the matter preceding division A of this consolidated 
Act).
    Sec. 744. Section 17(r)(5) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
            (1) by striking ``seven'' and inserting ``eight'';
            (2) by striking ``five'' and inserting ``six''; and
            (3) by inserting ``West Virginia,'' after the first instance 
        of ``States shall be''.

    Sec. 745. Hereafter, notwithstanding any other provision of law, of 
the funds made available for the Commodity Assistance Program under 
division B of Public Law 109-148, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006, all unexpended funds shall be made available to support normal 
program operations of the Commodity Supplemental Food Program under the 
Agriculture and Consumer Protection Act of 1973 and of the Emergency 
Food Assistance Program under the Emergency Food Assistance Act of 1983: 
Provided, That any commodities purchased with funds made available under 
Public Law 109-148 and remaining undistributed shall be used to support 
normal program operations under the authorities cited in this section.
    Sec. 746. <<NOTE: State listing.>> Notwithstanding any other 
provision of law, and until receipt of the decennial Census for the year 
2010, the Secretary of Agriculture shall consider--
            (1) the City of Alamo, Texas; the City of Mercedes, Texas; 
        the City of Weslaco, Texas; the City of Donna, Texas; the

[[Page 121 STAT. 1882]]

        City of La Feria, Texas; and the City of Northampton, 
        Massachusetts, (including individuals and entities with projects 
        within the cities) eligible for loans and grants funded through 
        the Rural Business Program account;
            (2) the City of Bainbridge Island, Washington; the City of 
        Keene, New Hampshire; and the City of Havelock, North Carolina, 
        (including individuals and entities with projects within the 
        cities) eligible for loans and grants funded through the Rural 
        Community Facilities Program account;
            (3) the City of Freeport, Illinois; Kitsap County (except 
        the City of Bremerton), Washington; the City of Atascadero, 
        California; and the City of Paso Robles, California, (including 
        individuals and entities with projects within the cities) 
        eligible for loans and grants funded through the Rural Housing 
        Insurance Fund Program account and the Rural Housing Assistance 
        Grants account;
            (4) the City of Canton, Mississippi, (including individuals 
        and entities with projects within the cities) eligible for loans 
        and grants funded through the Rural Water and Waste Disposal 
        Program account;
            (5) the City of Parsons, Kansas; the Town of Boone, North 
        Carolina; the City of Henderson, North Carolina; and the City of 
        Lenoir, North Carolina, to be rural areas for the purposes of 
        eligibility for loans and grants funded through the Rural Water 
        and Waste Disposal Program account;
            (6) the City of Lansing, Kansas, a rural area for purposes 
        of eligibility for Rural Housing Service programs, and the City 
        of Leavenworth, Kansas, and the City of Lansing, Kansas, as 
        separate geographic entities for purposes of Rural Development 
        grants and loans;
            (7) the City of Binghamton, New York, for the purpose of 
        upgrading a trunk line for waste transport to the Town of 
        Conklin, New York, (including individuals and entities with 
        projects within the cities) eligible for loans and grants funded 
        through the Rural Water and Waste Disposal Program account;
            (8) the County of Lexington, South Carolina, shall be 
        considered to be a rural area for the purposes of financing a 
        farmers' market under the Business and Industry Loan Guarantee 
        Program in a local area that has rural characteristics as 
        determined by the Secretary; and
            (9) the service areas being acquired by Mid-Kansas Electric 
        Cooperative, except for the City of Dodge City, Kansas, shall be 
        considered eligible for financing under the Rural 
        Electrification Act of 1936, as amended.

    Sec. 747. None of the funds made available in this Act may be used--
            (1) to terminate any of the 13 field laboratories that are 
        operated by the Food and Drug Administration as of January 1, 
        2007, or 20 District Offices, or any of the inspection or 
        compliance functions of any of the 20 District Offices, of the 
        Food and Drug Administration functioning as of January 1, 2007; 
        or
            (2) to consolidate any such laboratory with any other 
        laboratory, or any such District Office, or any of the 
        inspection or compliance functions of any District Office, with 
        any other District Office.

[[Page 121 STAT. 1883]]

    Sec. 748. Hereafter, the Secretary may use funds made available in 
chapter 1 of division B of Public Law 109-148 for direct and guaranteed 
loans under title V of the Housing Act of 1949, to make or guarantee 
loans, as authorized under such Act, to finance housing and repairs to 
housing in rural areas affected by hurricanes that occurred during the 
2005 calendar year.
    Sec. 749. Of the unobligated balances provided pursuant to section 
16(h)(1)(A) of the Food Stamp Act of 1977, $10,500,000 is hereby 
rescinded.
    Sec. 750. Of the unobligated balances available in the Child and 
Adult Care Food Program for the purpose of conducting audits of 
participating institutions as provided for under section 796 of Public 
Law 109-97, $3,500,000 is hereby rescinded.

SEC. 751. EXTENSION OF AGRICULTURAL PROGRAMS.

    (a) Extension.--Except as otherwise provided in this Act and 
notwithstanding any other provision of law, the authorities provided 
under the Farm Security and Rural Investment Act of 2002 (Public Law 
107-171; 7 U.S.C. 7901 et seq.) and each amendment made by that Act (and 
for mandatory programs at such funding levels), as in effect on 
September 30, 2007, shall continue, and the Secretary of Agriculture 
shall carry out the authorities, until March 15, 2008.
    (b) Conservation Programs.--
            (1) Farmland protection program.--Notwithstanding any other 
        provision of law, the Secretary of Agriculture (referred to in 
        this subsection as the ``Secretary'') shall continue the 
        farmland protection program established under subchapter B of 
        chapter 2 of subtitle D of title XII of the Food Security Act of 
        1985 (16 U.S.C. 3838h et seq.) at a funding level of $97,000,000 
        per year.
            (2) Ground and surface water conservation.--Notwithstanding 
        any other provision of law, the Secretary shall continue the 
        ground and surface water conservation program established under 
        section 1240I of the Food Security Act of 1985 (16 U.S.C. 
        3839aa-9) at a funding level of $60,000,000 per year.
            (3) Wildlife habitat incentives program.--Notwithstanding 
        any other provision of law, the Secretary shall continue the 
        wildlife habitat incentive program established under section 
        1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb-1) at a 
        funding level of $85,000,000 per year.

    (c) Exceptions.--This section does not apply with respect to--
            (1) section 1307(a)(6) of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 7957(a)(6));
            (2) section 524(b) of the Federal Crop Insurance Act (7 
        U.S.C. 1524(b));
            (3) section 25 of the Food Stamp Act of 1977 (7 U.S.C. 
        2034);
            (4) title VI of the Rural Electrification Act of 1936 (7 
        U.S.C. 950bb et seq.);
            (5) section 231 of the Agricultural Risk Protection Act of 
        2000 (7 U.S.C. 1621 note; Public Law 106-224);
            (6) section 9002 of the Farm Security and Rural Investment 
        Act of 2002 (7 U.S.C. 8102);
            (7) section 9004 of the Farm Security and Rural Investment 
        Act of 2002 (7 U.S.C. 8104);

[[Page 121 STAT. 1884]]

            (8) section 9006 of the Farm Security and Rural Investment 
        Act of 2002 (7 U.S.C. 8106); and
            (9) subtitles A through C of title I of the Farm Security 
        and Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.), with 
        respect to the 2008 crops (other than the 2008 crop of a loan 
        commodity described in paragraph (11), (12), or (13) of section 
        1202(b) of the Farm Security and Rural Investment Act of 2002 (7 
        U.S.C. 7932(b))).

    Sec. 752. (a) <<NOTE: Recission.>> Except as provided in subsection 
(c), there is hereby rescinded an amount equal to 0.7 percent of the 
budget authority provided for fiscal year 2008 for any discretionary 
account in division A of this Act.

    (b) <<NOTE: Applicability.>> Any rescission made by subsection (a) 
shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in subsection (a); and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act, accompanying reports, or 
        explanatory statement for the relevant fiscal year covering such 
        account or item).

    (c) The rescission in subsection (a) shall not apply to budget 
authority appropriated or otherwise made available by this Act in the 
following amounts in the following activities or accounts:
            (1) $6,020,000,000 provided for the Special Supplemental 
        Nutrition Program for Women, Infants, and Children (WIC) in the 
        Department of Agriculture in division A.
            (2) $930,120,000 provided for the Food Safety and Inspection 
        Service in the Department of Agriculture in division A.
            (3) Any amount designated as described in section 5 (in the 
        matter preceding division A of this consolidated Act).

    (d) <<NOTE: Deadline. Reports.>> Not later than 30 days after the 
date of enactment of this Act, the Director of the Office of Management 
and Budget shall submit to the Committee on Appropriations of the Senate 
and the Committee on Appropriations of the House of Representatives a 
report that specifies the account and amount of each rescission made 
pursuant to this section.

    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2008''.

 DIVISION B--COMMERCE, <<NOTE: Commerce, Justice, Science, and Related 
   Agencies Appropriations Act, 2008.>> JUSTICE, SCIENCE, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2008

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate

[[Page 121 STAT. 1885]]

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

                     Bureau of Industry and Security

                      operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
payment of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to 
exceed $15,000 for official representation expenses abroad; awards of 
compensation to informers under the Export Administration Act of 1979, 
and as authorized by 22 U.S.C.

[[Page 121 STAT. 1886]]

401(b); and purchase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $72,855,000, to remain available until expended, of 
which $13,627,000 shall be for inspections and other activities related 
to national security: Provided, That 
the <<NOTE: Applicability.>> provisions of the first sentence of section 
105(f) and all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 
carrying out these activities: Provided further, That payments and 
contributions collected and accepted for materials or services provided 
as part of such activities may be retained for use in covering the cost 
of such activities, and for providing information to the public with 
respect to the export administration and national security activities of 
the Department of Commerce and other export control programs of the 
United States and other governments.

                   Economic Development Administration

                economic development assistance programs

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

                          salaries and expenses

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

                  Minority Business Development Agency

                      minority business development

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

                    Economic and Statistical Analysis


                          salaries and expenses


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

                          Bureau of the Census

                          salaries and expenses

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

[[Page 121 STAT. 1887]]

                     periodic censuses and programs


    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $1,027,406,000, to 
remain available until September 30, 2009: Provided, <<NOTE: 13 USC 5 
note.>> That none of the funds provided in this or any other Act for any 
fiscal year may be used for the collection of census data on race 
identification that does not include ``some other race'' as a category.

       National Telecommunications and Information Administration

                          salaries and expenses

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


     public telecommunications facilities, planning and construction


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

                United States Patent and Trademark Office

                          salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$1,915,500,000, to remain available until expended: Provided, That the 
sum herein appropriated from the general fund shall be reduced as 
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 
and 35 U.S.C. 41 and 376 are received during fiscal year 2008, so as to 
result in a fiscal year 2008 appropriation from the general fund 
estimated at $0: Provided further, That during

[[Page 121 STAT. 1888]]

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

             National Institute of Standards and Technology

             scientific and technical research and services

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

                     industrial technology services

    For necessary expenses of the Hollings Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$89,640,000, to remain available until expended.
    In addition, for necessary expenses of the Technology Innovation 
Program of the National Institute of Standards and Technology, 
$65,200,000, to remain available until expended: Provided, That

[[Page 121 STAT. 1889]]

of the $70,200,000 provided for in direct obligations under this 
heading, $65,200,000 is appropriated from the general fund and 
$5,000,000 is derived from recoveries of prior year obligations from the 
Advanced Technology Program.

                   construction of research facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities including agency recreational and welfare facilities, not 
otherwise provided for the National Institute of Standards and 
Technology, as authorized by 15 U.S.C. 278c-278e, $160,490,000, to 
remain available until expended, of which $30,080,000 is for a 
competitive construction grant program for research science buildings: 
Provided, <<NOTE: Budget estimate. 15 USC 1513b note.>> That the 
Secretary of Commerce shall include in the budget justification 
materials that the Secretary submits to Congress in support of the 
Department of Commerce budget (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code) an 
estimate for each National Institute of Standards and Technology 
construction project having a total multi-year program cost of more than 
$5,000,000 and simultaneously the budget justification materials shall 
include an estimate of the budgetary requirements for each such project 
for each of the five subsequent fiscal years: Provided further, That 
notwithstanding any other provision of law, of the amount made available 
for construction of research facilities, $7,332,000 shall be for the 
University of Mississippi Medical Center Biotechnology Research Park; 
$7,332,000 shall be for the Mississippi State University Research, 
Technology and Economic Development Park; $1,598,000 shall be for the 
University of Southern Mississippi Innovation and Commercialization Park 
Infrastructure and Building Construction and Equipage; $5,000,000 shall 
be for the Alabama State University Life Sciences Building; and 
$30,000,000 shall be for laboratory and research space at the University 
of South Alabama Engineering and Science Center.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities


                     (including transfers of funds)


    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or other 
payments to nonprofit organizations for the purposes of conducting 
activities pursuant to cooperative agreements; and relocation of 
facilities, $2,856,277,000, to remain available until September 30, 
2009, except for funds provided for cooperative enforcement, which shall 
remain available until September 30, 2010: Provided, That fees and 
donations received by the National Ocean Service for the management of 
national marine sanctuaries may be retained and used for the salaries 
and expenses associated with those activities, notwithstanding 31 U.S.C. 
3302: Provided further, That in addition, $3,000,000 shall be derived by 
transfer from the fund entitled ``Coastal Zone Management'' and in 
addition $77,000,000 shall be derived by transfer from the fund entitled 
``Promote and Develop Fishery Products and Research Pertaining

[[Page 121 STAT. 1890]]

to American Fisheries'': Provided further, That of the $2,941,277,000 
provided for in direct obligations under this heading $2,856,277,000 is 
appropriated from the general fund, $80,000,000 is provided by transfer, 
and $5,000,000 is derived from recoveries of prior year obligations: 
Provided further, That of the funds provided under this heading, 
$235,000 is made available until expended subject to procedures set 
forth in section 209 of Public Law 108-447: Provided further, That the 
total amount available for the National Oceanic and Atmospheric 
Administration corporate services administrative support costs shall not 
exceed $206,484,000: Provided further, That payments of funds made 
available under this heading to the Department of Commerce Working 
Capital Fund including Department of Commerce General Counsel legal 
services shall not exceed $34,164,000: Provided further, That any 
deviation from the amounts designated for specific activities in the 
report accompanying this Act, or any use of deobligated balances of 
funds provided under this heading in previous years, shall be subject to 
the procedures set forth in section 505 of this Act: Provided further, 
That grants to <<NOTE: Grants.>> States pursuant to sections 306 and 
306A of the Coastal Zone Management Act of 1972, as amended, shall not 
exceed $2,000,000, unless funds provided for ``Coastal Zone Management 
Grants'' exceed funds provided in the previous fiscal year: Provided 
further, That if funds provided for ``Coastal Zone Management Grants'' 
exceed funds provided in the previous fiscal year, then no State shall 
receive more than 5 percent or less than 1 percent of the additional 
funds: Provided further, That the Administrator of the National Oceanic 
and Atmospheric Administration may engage in formal and informal 
education activities, including primary and secondary education, related 
to the agency's mission goals: Provided 
further, <<NOTE: Government organization.>> That in accordance with 
section 215 of Public Law 107-372 the number of officers in the NOAA 
Commissioned Officer Corps shall increase to 321: Provided further, That 
of the funds provided, $13,395,000 is provided for the alleviation of 
economic impacts associated with Framework 42 on the Massachusetts 
groundfish fishery.

    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.


                procurement, acquisition and construction


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

[[Page 121 STAT. 1891]]

for specific activities in the report accompanying this Act, or any use 
of deobligated balances of funds provided under this heading in previous 
years, shall be subject to the procedures set forth in section 505 of 
this Act.

                     pacific coastal salmon recovery

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


                      coastal zone management fund


                      (including transfer of funds)


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

                    fisheries finance program account

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

                         Departmental Management

                          salaries and expenses

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


                    hchb renovation and modernization


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


                       office of inspector general


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

[[Page 121 STAT. 1892]]

               General Provisions--Department of Commerce


                      (including transfer of funds)


    Sec. 101. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act shall 
be available for the activities specified in the Act of October 26, 1949 
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, 
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments 
not otherwise authorized only upon the certification of officials 
designated by the Secretary of Commerce that such payments are in the 
public interest.
    Sec. 102. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That <<NOTE: Notification. Deadline.>> the Secretary of 
Commerce shall notify the Committees on Appropriations at least 15 days 
in advance of the acquisition or disposal of any capital asset 
(including land, structures, and equipment) not specifically provided 
for in this Act or any other law appropriating funds for the Department 
of Commerce: Provided further, That for the National Oceanic and 
Atmospheric Administration this section shall provide for transfers 
among appropriations made only to the National Oceanic and Atmospheric 
Administration and such appropriations may not be transferred and 
reprogrammed to other Department of Commerce bureaus and appropriation 
accounts.

    Sec. 104. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to funding 
reductions included in this title or from actions taken for the care and 
protection of loan collateral or grant property shall be absorbed within 
the total budgetary resources available to such department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 505 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 105. (a) Section 101(k) of the Emergency Steel Loan Guarantee 
Act of 1999 (15 U.S.C. 1841 note) is amended by striking ``2007'' and 
inserting ``2009''.
    (b) Paragraphs (1) and (2) of section 101(b) of the Emergency Steel 
Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) are each amended by 
striking ``in 1998'' and inserting ``since 1998''.

[[Page 121 STAT. 1893]]

    (c) Subparagraph (C) of section 101(c)(3) of the Emergency Steel 
Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by striking 
``, in 1998'' and inserting ``in 1998, and thereafter,''.
    (d) The Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 
note) is amended by adding at the end the following:

``SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES.

    ``(a) In addition to funds made available under section 101(j) of 
the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note), up 
to $1,000,000 in funds made available under section 101(f) of such Act 
may be used for salaries and administrative expenses to administer the 
Emergency Steel Loan Guarantee Program.
    ``(b) Funds made available for salaries and administrative expenses 
to administer the Emergency Steel Loan Guarantee Program shall remain 
available until expended.''.
    Sec. 106. <<NOTE: Trademark.>> Hereafter, notwithstanding any other 
provision of law, no funds appropriated under this Act shall be used to 
register, issue, transfer, or enforce any trademark of the phrase ``Last 
Best Place''.

    Sec. 107. Section 3315(b) of title 19, United States Code, is 
amended by inserting ``, including food when sequestered,'' following 
``for the establishment and operations of the United States Section and 
for the payment of the United States share of the expenses''.
    Sec. 108. Notwithstanding the requirements of subsection 4703(d), 
the personnel management demonstration project established by the 
Department of Commerce pursuant to 5 U.S.C. 4703 may be expanded to 
involve more than 5,000 individuals, and is extended indefinitely.
    Sec. 109. Section 212(b) of the National Technical Information Act 
of 1988 (15 U.S.C. 3704b) is amended by striking ``Under Secretary of 
Commerce for Technology'' and inserting ``Director of the National 
Institute of Standards and Technology''.
    Sec. 110. <<NOTE: Regulations. 33 USC note prec. 851.>> The 
Secretary of Commerce is permitted to prescribe and enforce standards or 
regulations affecting safety and health in the context of scientific and 
occupational diving within the National Oceanic and Atmospheric 
Administration.

    Sec. 111. (a) <<NOTE: Compensation. Hawaii.>> The Secretary of 
Commerce is authorized to provide compensation to fishery participants 
who will be displaced by the 2011 fishery closure resulting from the 
creation by Presidential proclamation of the Papahanaumokuakea Marine 
National Monument.

    (b) <<NOTE: Regulations.>> The Secretary shall promulgate 
regulations for the voluntary capacity reduction program that:
            (1) identifies eligible participants as those individuals 
        holding commercial Federal fishing permits for either lobster or 
        bottomfish in the designated waters within the Papahanaumokuakea 
        Marine National Monument;
            (2) provides a mechanism to compensate eligible participants 
        for no more than the economic value of their permits;
            (3) at the option of each eligible permit holder, provides 
        an optional mechanism for additional compensation based on the 
        value of the fishing vessel and gear of such participants who so 
        elect to receive these additional funds, provided that the 
        commercial fishing vessels of such participants will not be used 
        for fishing.

[[Page 121 STAT. 1894]]

    (c) There is authorized to be appropriated to the National Oceanic 
and Atmospheric Administration's National Marine Fisheries Service, 
$6,697,500 for fiscal year 2008.
    (d) Nothing in this section is intended to enlarge or diminish 
Federal or State title, jurisdiction, or authority with respect to the 
waters of the Northwestern Hawaiian Islands or the tidal or submerged 
lands under any provision of State or Federal law.
    Sec. 112. (a) <<NOTE: Reports. Deadlines. 33 USC 878a.>> For 
purposes of this section--
            (1) the term ``Under Secretary'' means Under Secretary of 
        Commerce for Oceans and Atmosphere;
            (2) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Appropriations and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                    (B) the Committee on Appropriations and the 
                Committee on Science and Technology of the House of 
                Representatives;
            (3) the term ``satellite'' means the satellites proposed to 
        be acquired for the National Oceanic and Atmospheric 
        Administration, other than the National Polar-orbiting 
        Operational Environmental Satellite System (NPOESS);
            (4) the term ``development'' means the phase of a program 
        following the formulation phase and beginning with the approval 
        to proceed to implementation, as defined in NOAA Administrative 
        Order 216-108, Department of Commerce Administrative Order 208-
        3, and NASA's Procedural Requirements 7120.5c, dated March 22, 
        2005;
            (5) the term ``development cost'' means the total of all 
        costs, including construction of facilities and civil servant 
        costs, from the period beginning with the approval to proceed to 
        implementation through the achievement of operational readiness, 
        without regard to funding source or management control, for the 
        life of the program;
            (6) the term ``life-cycle cost'' means the total of the 
        direct, indirect, recurring, and nonrecurring costs, including 
        the construction of facilities and civil servant costs, and 
        other related expenses incurred or estimated to be incurred in 
        the design, development, verification, production, operation, 
        maintenance, support, and retirement of a program over its 
        planned lifespan, without regard to funding source or management 
        control;
            (7) the term ``major program'' means an activity approved to 
        proceed to implementation that has an estimated life-cycle cost 
        of more than $250,000,000;
            (8) the term ``baseline'' means the program as set following 
        contract award and critical design review of the space and 
        ground systems.

    (b)(1) NOAA shall not enter into a contract for development of a 
major program, unless the Under Secretary determines that--
            (A) the technical, cost, and schedule risks of the program 
        are clearly identified and the program has developed a plan to 
        manage those risks;
            (B) the technologies required for the program have been 
        demonstrated in a relevant laboratory or test environment;

[[Page 121 STAT. 1895]]

            (C) the program complies with all relevant policies, 
        regulations, and directives of NOAA and the Department of 
        Commerce;
            (D) the program has demonstrated a high likelihood of 
        accomplishing its intended goals; and
            (E) the acquisition of satellites for use in the program 
        represents a good value to accomplishing NOAA's mission.

    (2) The Under Secretary shall transmit a report describing the basis 
for the determination required under paragraph (1) to the appropriate 
congressional committees at least 30 days before entering into a 
contract for development under a major program.
    (3) The Under Secretary may not delegate the determination 
requirement under this subsection, except in cases in which the Under 
Secretary has a conflict of interest.
    (c)(1) Annually, at the same time as the President's annual budget 
submission to the Congress, the Under Secretary shall transmit to the 
appropriate congressional committees a report that includes the 
information required by this section for the satellite development 
program for which NOAA proposes to expend funds in the subsequent fiscal 
year. The report under this paragraph shall be known as the Major 
Program Annual Report.
    (2) The first Major Program Annual Report for NOAA's satellite 
development program shall include a Baseline Report that shall, at a 
minimum, include--
            (A) the purposes of the program and key technical 
        characteristics necessary to fulfill those purposes;
            (B) an estimate of the life-cycle cost for the program, with 
        a detailed breakout of the development cost, program reserves, 
        and an estimate of the annual costs until development is 
        completed;
            (C) the schedule for development, including key program 
        milestones;
            (D) the plan for mitigating technical, cost, and schedule 
        risks identified in accordance with subsection (b)(1)(A); and
            (E) the name of the person responsible for making 
        notifications under subsection (d), who shall be an individual 
        whose primary responsibility is overseeing the program.

    (3) For the major program for which a Baseline Report has been 
submitted, subsequent Major Program Annual Reports shall describe any 
changes to the information that had been provided in the Baseline 
Report, and the reasons for those changes.
    (d)(1) <<NOTE: Notification.>> The individual identified under 
subsection (c)(2)(E) shall immediately notify the Under Secretary any 
time that individual has reasonable cause to believe that, for the major 
program for which he or she is responsible, the development cost of the 
program has exceeded the estimate provided in the Baseline Report of the 
program by 20 percent or more.

    (2) Not later than 30 days after the notification required under 
paragraph (1), the individual identified under subsection (c)(2)(E) 
shall transmit to the Under Secretary a written notification explaining 
the reasons for the change in the cost of the program for which 
notification was provided under paragraph (1).
    (3) Not later than 15 days after the Under Secretary receives a 
written notification under paragraph (2), the Under Secretary shall 
transmit the notification to the appropriate congressional committees.

[[Page 121 STAT. 1896]]

    (e) Not later than 30 days after receiving a written notification 
under subsection (d)(2), the Under Secretary shall determine whether the 
development cost of the program has exceeded the estimate provided in 
the Baseline Report of the program by 20 percent or more. If the 
determination is affirmative, the Under Secretary shall--
            (1) transmit to the appropriate congressional committees, 
        not later than 15 days after making the determination, a report 
        that includes--
                    (A) a description of the increase in cost and a 
                detailed explanation for the increase;
                    (B) a description of actions taken or proposed to be 
                taken in response to the cost increase; and
                    (C) a description of any impacts the cost increase, 
                or the actions described under subparagraph (B), will 
                have on any other program within NOAA.
            (2) if the Under Secretary intends to continue with the 
        program, promptly initiate an analysis of the program, which 
        shall include, at a minimum--
                    (A) the projected cost and schedule for completing 
                the program if current requirements of the program are 
                not modified;
                    (B) the projected cost and the schedule for 
                completing the program after instituting the actions 
                described under paragraph (1)(B); and
                    (C) a description of, and the projected cost and 
                schedule for, a broad range of alternatives to the 
                program. NOAA shall complete an analysis initiated under 
                paragraph (2) not later than 6 months after the Under 
                Secretary makes a determination under this subsection. 
                The Under Secretary shall transmit the analysis to the 
                appropriate congressional committees not later than 30 
                days after its completion.

    (f) For the purposes of determining whether cost of the 
Geostationary Operational Environmental Satellite Program exceeds 20 
percent more than the baseline under this section, the estimate of the 
total life-cycle cost for GOES-R shall be the estimate provided with the 
NOAA Fiscal Year 2008 Presidential Budget justification (page 513).
    Sec. 113. (a) <<NOTE: 16 USC 1861 note.>> The Secretary of Commerce 
may--
            (1) develop, maintain, and make public a list of vessels and 
        vessel owners engaged in illegal, unreported, or unregulated 
        fishing, including vessels or vessel owners identified by an 
        international fishery management organization, whether or not 
        the United States is a party to the agreement establishing such 
        organization; and
            (2) take appropriate action against listed vessels and 
        vessel owners, including action against fish, fish parts, or 
        fish products from such vessels, in accordance with applicable 
        United States law and consistent with applicable international 
        law, including principles, rights, and obligations established 
        in applicable international fishery management and trade 
        agreements.

    (b) Action taken by the Secretary under subsection (a)(2) that 
include measures to restrict use of or access to ports or port services 
shall apply to all ports of the United States and its territories.
    (c) The Secretary may promulgate regulations to implement this 
section.

[[Page 121 STAT. 1897]]

    Sec. 114. (a) Of the amounts provided for the ``National Oceanic and 
Atmospheric Administration, Operations, Research and Facilities'', 
$5,856,600 shall be for necessary expenses in support of an agreement 
between the Administrator of the National Oceanic and Atmospheric 
Administration and the National Academy of Sciences under which the 
National Academy of Sciences shall establish the Climate Change Study 
Committee to investigate and study the serious and sweeping issues 
relating to global climate change and make recommendations regarding 
what steps must be taken and what strategies must be adopted in response 
to global climate change, including the science and technology 
challenges thereof.
    (b) <<NOTE: Establishment. Summit. Reports. Deadline.>> The 
agreement shall provide for: establishment of and appointment of members 
to the Climate Change Study Committee by the National Academy of 
Sciences; organization by the National Academy of Sciences of a Summit 
on Global Climate Change to help define the parameters of the study, not 
to exceed 3 days in length and to be attended by preeminent experts on 
global climate change selected by the National Academy of Sciences; and 
issuance of a report by the Climate Change Study Committee not later 
than 2 years after the date the Climate Change Study Committee is first 
convened, containing its findings, conclusions, and recommendations. Of 
such amount, $856,600 shall be for the Summit on Global Climate Change 
and $5,000,000 shall be for the other activities of the Climate Change 
Study Committee.

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

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

                          DEPARTMENT OF JUSTICE

                         General Administration


                          salaries and expenses


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


                 justice information sharing technology


    For necessary expenses for information sharing technology, including 
planning, development, deployment and departmental direction, 
$85,540,000, to remain available until expended, of which

[[Page 121 STAT. 1898]]

not less than $19,740,000 is for the unified financial management 
system.


            tactical law enforcement wireless communications


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


                    administrative review and appeals


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


                            detention trustee


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

                       office of inspector general

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

                     United States Parole Commission


                          salaries and expenses


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

[[Page 121 STAT. 1899]]

                            Legal Activities


             salaries and expenses, general legal activities


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


                salaries and expenses, antitrust division


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

[[Page 121 STAT. 1900]]

             salaries and expenses, united states attorneys


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

                    united states trustee system fund

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


       salaries and expenses, foreign claims settlement commission


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


                     united states marshals service


                          salaries and expenses


    For necessary expenses of the United States Marshals Service, 
$849,219,000; of which not to exceed $6,000 shall be available for 
official reception and representation expenses; of which not to exceed 
$4,000,000 shall be for information technology systems and shall remain 
available until expended; and of which not less than $11,653,000 shall 
be available for the costs of courthouse security equipment, including 
furnishings, relocations, and telephone systems and cabling, and shall 
remain available until expended.
    For an additional amount for ``United States Marshals Service, 
Salaries and Expenses'', $15,000,000 shall be for border security

[[Page 121 STAT. 1901]]

and immigration enforcement along the Southwest border: Provided, That 
the amount provided by this paragraph is designated as described in 
section 5 (in the matter preceding division A of this consolidated Act).


                              construction


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

                     fees and expenses of witnesses

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


           salaries and expenses, community relations service


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


                         assets forfeiture fund


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

                       National Security Division


                          salaries and expenses


    For expenses necessary to carry out the activities of the National 
Security Division, $73,373,000; of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended: 
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities

[[Page 121 STAT. 1902]]

of the National Security Division, the Attorney General may transfer 
such amounts to this heading from available appropriations for the 
current fiscal year for the Department of Justice, as may be necessary 
to respond to such circumstances: Provided further, That any transfer 
pursuant to the previous proviso shall be treated as a reprogramming 
under section 505 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                     Federal Bureau of Investigation


                          salaries and expenses


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


                              construction


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

[[Page 121 STAT. 1903]]

                     Drug Enforcement Administration


                          salaries and expenses


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

           Bureau of Alcohol, Tobacco, Firearms and Explosives


                          salaries and expenses


    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, including the purchase of not to exceed 822 vehicles for 
police-type use, of which 650 shall be for replacement only; not to 
exceed $40,000 for official reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement, including training in connection with the training and 
acquisition of canines for explosives and fire accelerants detection; 
and for provision of laboratory assistance to State and local law 
enforcement agencies, with or without reimbursement, $984,097,000, of 
which not to exceed $1,000,000 shall be available for the payment of 
attorneys' fees as provided by section 924(d)(2) of title 18, United 
States Code; and of which $10,000,000 shall remain available until 
expended: Provided, That no funds appropriated herein shall be available 
for salaries or administrative expenses in connection with consolidating 
or centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal firearms 
disabilities under 18 U.S.C. 925(c): Provided further, That such funds 
shall be available to investigate and act upon applications filed by 
corporations for relief from Federal firearms disabilities under section 
925(c) of title 18, United States Code: Provided further, That no funds 
made available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to other agencies or Departments in fiscal year 
2008: Provided further, <<NOTE: 18 USC 923 note.>> That, beginning in 
fiscal year 2008

[[Page 121 STAT. 1904]]

and thereafter, no funds appropriated under this or any other Act may be 
used to disclose part or all of the contents of the Firearms Trace 
System database maintained by the National Trace Center of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives or any information required to 
be kept by licensees pursuant to section 923(g) of title 18, United 
States Code, or required to be reported pursuant to paragraphs (3) and 
(7) of such section 923(g), except to: (1) a Federal, State, local, 
tribal, or foreign law enforcement agency, or a Federal, State, or local 
prosecutor, solely in connection with and for use in a criminal 
investigation or prosecution; or (2) a Federal agency for a national 
security or intelligence purpose; and all such data shall be immune from 
legal process, shall not be subject to subpoena or other discovery, 
shall be inadmissible in evidence, and shall not be used, relied on, or 
disclosed in any manner, nor shall testimony or other evidence be 
permitted based on the data, in a civil action in any State (including 
the District of Columbia) or Federal court or in an administrative 
proceeding other than a proceeding commenced by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to enforce the provisions of chapter 44 
of such title, or a review of such an action or proceeding; except that 
this proviso shall not be construed to prevent: (A) the disclosure of 
statistical information concerning total production, importation, and 
exportation by each licensed importer (as defined in section 921(a)(9) 
of such title) and licensed manufacturer (as defined in section 
921(1)(10) of such title); (B) the sharing or exchange of such 
information among and between Federal, State, local, or foreign law 
enforcement agencies, Federal, State, or local prosecutors, and Federal 
national security, intelligence, or counterterrorism officials; or (C) 
the publication of annual statistical reports on products regulated by 
the Bureau of Alcohol, Tobacco, Firearms and Explosives, including total 
production, importation, and exportation by each licensed importer (as 
so defined) and licensed manufacturer (as so defined), or statistical 
aggregate data regarding firearms traffickers and trafficking channels, 
or firearms misuse, felons, and trafficking investigations: Provided 
further, That no funds made available by this or any other Act shall be 
expended to promulgate or implement any rule requiring a physical 
inventory of any business licensed under section 923 of title 18, United 
States Code: Provided further, That no funds under this Act may be used 
to electronically retrieve information gathered pursuant to 18 U.S.C. 
923(g)(4) by name or any personal identification code: Provided further, 
That no funds authorized or made available under this or any other Act 
may be used to deny any application for a license under section 923 of 
title 18, United States Code, or renewal of such a license due to a lack 
of business activity, provided that the applicant is otherwise eligible 
to receive such a license, and is eligible to report business income or 
to claim an income tax deduction for business expenses under the 
Internal Revenue Code of 1986.


                              CONSTRUCTION


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

[[Page 121 STAT. 1905]]

                          Federal Prison System


                          salaries and expenses


    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 669, of 
which 642 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$5,050,440,000: Provided, <<NOTE: 42 USC 250a.>> That the Attorney 
General may transfer to the Health Resources and Services Administration 
such amounts as may be necessary for direct expenditures by that 
Administration for medical relief for inmates of Federal penal and 
correctional institutions: Provided further, That the Director of the 
Federal Prison System, where necessary, may enter into contracts with a 
fiscal agent or fiscal intermediary claims processor to determine the 
amounts payable to persons who, on behalf of the Federal Prison System, 
furnish health services to individuals committed to the custody of the 
Federal Prison System: Provided further, That not to exceed $6,000 shall 
be available for official reception and representation expenses: 
Provided further, That not to exceed $50,000,000 shall remain available 
for necessary operations until September 30, 2009: Provided further, 
That, of the amounts provided for contract confinement, not to exceed 
$20,000,000 shall remain available until expended to make payments in 
advance for grants, contracts and reimbursable agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security 
in the United States of Cuban and Haitian entrants: Provided further, 
That the Director of the Federal Prison System may accept donated 
property and services relating to the operation of the prison card 
program from a not-for-profit entity which has operated such program in 
the past notwithstanding the fact that such not-for-profit entity 
furnishes services under contracts to the Federal Prison System relating 
to the operation of pre-release services, halfway houses, or other 
custodial facilities.

                        buildings and facilities

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

                 federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized to 
make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and

[[Page 121 STAT. 1906]]

to make such contracts and commitments, without regard to fiscal year 
limitations as provided by section 9104 of title 31, United States Code, 
as may be necessary in carrying out the program set forth in the budget 
for the current fiscal year for such corporation, including purchase 
(not to exceed five for replacement only) and hire of passenger motor 
vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

                    Office on Violence Against Women


       violence against women prevention and prosecution programs


    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the 
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
Act''); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); $400,000,000, including 
amounts for administrative costs, to remain available until expended: 
Provided, That except as otherwise provided by law, not to exceed 3 
percent of funds made available under this heading may be used for 
expenses related to evaluation, training, and technical assistance: 
Provided further, That of the amount provided--
            (1) $13,160,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (2) $2,350,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act;
            (3) $183,800,000 for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which--
                    (A) $17,390,000 shall be for transitional housing 
                assistance grants for victims of domestic violence, 
                stalking or

[[Page 121 STAT. 1907]]

                sexual assault as authorized by section 40299 of the 
                1994 Act; and
                    (B) $1,880,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women and related issues addressed by grant 
                programs of the Office on Violence Against Women;
            (4) $59,220,000 for grants to encourage arrest policies as 
        authorized by part U of the 1968 Act;
            (5) $9,400,000 for sexual assault victims assistance, as 
        authorized by section 202 of the 2005 Act;
            (6) $40,420,000 for rural domestic violence and child abuse 
        enforcement assistance grants, as authorized by section 40295 of 
        the 1994 Act;
            (7) $3,290,000 for training programs as authorized by 
        section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (8) $2,820,000 for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602 of 
        the 1994 Act;
            (9) $9,400,000 for grants to reduce violent crimes against 
        women on campus, as authorized by section 304 of the 2005 Act;
            (10) $36,660,000 for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (11) $4,230,000 for enhancing protection for older and 
        disabled women from domestic violence and sexual assault, as 
        authorized by section 40802 of the 1994 Act;
            (12) $13,630,000 for the safe havens for children program, 
        as authorized by section 1301 of the 2000 Act;
            (13) $6,580,000 for education and training to end violence 
        against and abuse of women with disabilities, as authorized by 
        section 1402 of the 2000 Act;
            (14) $2,820,000 for an engaging men and youth in prevention 
        program, as authorized by the 2005 Act;
            (15) $940,000 for analysis and research on violence against 
        Indian women, as authorized by section 904 of the 2005 Act;
            (16) $940,000 for tracking of violence against Indian women, 
        as authorized by section 905 of the 2005 Act;
            (17) $2,820,000 for services to advocate and respond to 
        youth, as authorized by section 401 of the 2005 Act;
            (18) $2,820,000 for grants to assist children and youth 
        exposed to violence, as authorized by section 303 of the 2005 
        Act;
            (19) $2,820,000 for the court training and improvements 
        program, as authorized by section 105 of the 2005 Act;
            (20) $940,000 for grants for televised testimony, as 
        authorized by part N of the 1968 Act; and
            (21) $940,000 for the National Resource Center on Workplace 
        Responses to assist victims of domestic violence, as authorized 
        by section 41501 of the 1994 Act.

                       Office of Justice Programs


                           justice assistance


    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968; the Missing Children's Assistance Act (42

[[Page 121 STAT. 1908]]

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


               state and local law enforcement assistance


    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety 
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 106-386); and other 
programs; $908,136,000 (including amounts for administrative costs, 
which shall be transferred to and merged with the ``Justice Assistance'' 
account), to remain available until expended as follows:
            (1) $170,433,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E of 
        title I of the 1968 Act, (except that section 1001(c), and the 
        special rules for Puerto Rico under section 505(g), of the 1968 
        Act, shall not apply for purposes of this Act), of which 
        $2,000,000 is for use by the National Institute of Justice in 
        assisting units of local government to identify, select, 
        develop, modernize, and purchase new technologies for use by law 
        enforcement and $2,000,000 is for a program to improve State and 
        local law enforcement intelligence capabilities including 
        antiterrorism training and training to ensure that 
        constitutional rights, civil liberties, civil rights, and 
        privacy interests are protected throughout the intelligence 
        process;
            (2) $410,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5));
            (3) $30,080,000 for the Southwest Border Prosecutor 
        Initiative to reimburse State, county, parish, tribal, or 
        municipal governments for costs associated with the prosecution 
        of criminal cases declined by local offices of the United States 
        Attorneys;

[[Page 121 STAT. 1909]]

            (4) $2,820,000 for the Northern Border Prosecutor Initiative 
        to reimburse State, county, parish, tribal, or municipal 
        governments for costs associated with the prosecution of 
        criminal cases declined by local offices of the United States 
        Attorneys;
            (5) $187,513,000 for discretionary grants to improve the 
        functioning of the criminal justice system and to assist victims 
        of crime (other than compensation);
            (6) $16,000,000 for competitive grants to improve the 
        functioning of the criminal justice system and to assist victims 
        of crime (other than compensation);
            (7) $940,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of the 1994 
        Act;
            (8) $9,400,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386 and for programs authorized under Public Law 109-164;
            (9) $15,200,000 for Drug Courts, as authorized by section 
        1001(25)(A) of title I of the 1968 Act;
            (10) $7,050,000 for a prescription drug monitoring program;
            (11) $17,860,000 for prison rape prevention and prosecution 
        and other programs, as authorized by the Prison Rape Elimination 
        Act of 2003 (Public Law 108-79) including statistics, data, and 
        research, of which $1,692,000 shall be transferred to the 
        National Prison Rape Elimination Commission for authorized 
        activities;
            (12) $9,400,000 for grants for Residential Substance Abuse 
        Treatment for State Prisoners, as authorized by part S of the 
        1968 Act;
            (13) $22,440,000 for assistance to Indian tribes, of which--
                    (A) $8,630,000 shall be available for grants under 
                section 20109 of subtitle A of title II of the 1994 Act;
                    (B) $8,630,000 shall be available for the Tribal 
                Courts Initiative; and
                    (C) $5,180,000 shall be available for tribal alcohol 
                and substance abuse reduction assistance grants;
            (14) $2,500,000 for the Capital Litigation Improvement Grant 
        Program as authorized by section 426 of Public Law 108-405; and
            (15) $6,500,000 for mental health courts and adult and 
        juvenile collaboration program grants, as authorized by parts V 
        and HH of title I of the 1968 Act:

Provided, That, if a unit of local government uses any of the funds made 
available under this heading to increase the number of law enforcement 
officers, the unit of local government will achieve a net gain in the 
number of law enforcement officers who perform nonadministrative public 
safety service.
    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $100,000,000 for security and related costs, including 
overtime, associated with the two principal 2008 Presidential Candidate 
Nominating Conventions, to be divided equally between the conventions: 
Provided, That the amount provided by this paragraph is designated as 
described in section 5 (in the matter preceding division A of this 
consolidated Act).

[[Page 121 STAT. 1910]]

                       weed and seed program fund

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


                  community oriented policing services


    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162); subtitle D of title II of the Homeland Security Act of 2002 
(Public Law 107-296), which may include research and development; and 
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 
109-177) (including administrative costs), $587,233,000, to remain 
available until expended: Provided, That of the funds under this 
heading, not to exceed $2,575,000 shall be available for the Office of 
Justice Programs for reimbursable services associated with programs 
administered by the Community Oriented Policing Services Office: 
Provided further, That any balances made available through prior year 
deobligations shall only be available in accordance with section 505 of 
this Act. Of the amount provided (which shall be by transfer, for 
programs administered by the Office of Justice Programs)--
            (1) $25,850,000 is for the matching grant program for armor 
        vests for law enforcement officers, as authorized by section 
        2501 of the 1968 Act: Provided, That $1,880,000 is transferred 
        directly to the National Institute of Standards and Technology's 
        Office of Law Enforcement Standards from the Community Oriented 
        Policing Services Office for research, testing, and evaluation 
        programs;
            (2) $61,187,000 is for grants to entities described in 
        section 1701 of the 1968 Act, to address public safety and 
        methamphetamine manufacturing, sale, and use in hot spots as 
        authorized by section 754 of Public Law 109-177 and for other 
        anti-methaphetamine-related activities;
            (3) $205,366,000 is for a law enforcement technologies and 
        interoperable communications program, and related law 
        enforcement and public safety equipment;
            (4) $11,750,000 is for an offender re-entry program;
            (5) $9,400,000 is for grants to upgrade criminal records, as 
        authorized under the Crime Identification Technology Act of 1998 
        (42 U.S.C. 14601);
            (6) $152,272,000 is for DNA related and forensic programs 
        and activities as follows:
                    (A) $147,391,000 for a DNA analysis and capacity 
                enhancement program including the purposes of section 2 
                of the DNA Analysis Backlog Elimination Act of 2000, as 
                amended by the Debbie Smith Act of 2004, and further 
                amended by Public Law 109-162;
                    (B) $4,881,000 for the purposes described in the 
                Kirk Bloodsworth Post-Conviction DNA Testing Program 
                (Public Law 108-405, section 412): Provided, That 
                unobligated funds appropriated in fiscal years 2006 and 
                2007 for grants as authorized under sections 412 and 413 
                of the foregoing

[[Page 121 STAT. 1911]]

                public law are hereby made available, instead, for the 
                purposes here specified;
            (7) $15,040,000 is for improving tribal law enforcement, 
        including equipment and training;
            (8) $20,000,000 is for programs to reduce gun crime and gang 
        violence;
            (9) $3,760,000 is for training and technical assistance;
            (10) $18,800,000 is for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act;
            (11) not to exceed $28,200,000 is for program management and 
        administration;
            (12) $20,000,000 is for grants under section 1701 of title I 
        of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring 
        of additional career law enforcement officers under part Q of 
        such title notwithstanding subsection (i) of such section; and
            (13) $15,608,000 is for a national grant program the purpose 
        of which is to assist State and local law enforcement to locate, 
        arrest and prosecute child sexual predators and exploiters, and 
        to enforce State offender registration laws described in section 
        1701(b) of the 1968 Act, of which:
                    (A) $4,162,000 is for sex offender management 
                assistance as authorized by the Adam Walsh Child 
                Protection and Safety Act of 2006 (Public Law 109-162), 
                and the Violent Crime Control Act of 1994 (Public Law 
                103-322); and
                    (B) $850,000 is for the National Sex Offender Public 
                Registry.


                        juvenile justice programs


    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''), the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162), and other 
juvenile justice programs, including salaries and expenses in connection 
therewith to be transferred to and merged with the appropriations for 
Justice Assistance, $383,513,000, to remain available until expended as 
follows:
            (1) $658,000 for concentration of Federal efforts, as 
        authorized by section 204 of the 1974 Act;
            (2) $74,260,000 for programs authorized by section 221 of 
        the 1974 Act, and for training and technical assistance to 
        assist small, non-profit organizations with the Federal grants 
        process;
            (3) $93,835,000 for grants and projects, as authorized by 
        sections 261 and 262 of the 1974 Act;
            (4) $70,000,000 for youth mentoring grants;
            (5) $61,100,000 for delinquency prevention, as authorized by 
        section 505 of the 1974 Act, of which, pursuant to sections 261 
        and 262 thereof--
                    (A) $14,100,000 shall be for the Tribal Youth 
                Program;
                    (B) $18,800,000 shall be for a gang resistance 
                education and training program; and
                    (C) $25,000,000 shall be for grants of $360,000 to 
                each State and $4,840,000 shall be available for 
                discretionary

[[Page 121 STAT. 1912]]

                grants, for programs and activities to enforce State 
                laws prohibiting the sale of alcoholic beverages to 
                minors or the purchase or consumption of alcoholic 
                beverages by minors, for prevention and reduction of 
                consumption of alcoholic beverages by minors, and for 
                technical assistance and training;
            (6) $15,040,000 for expenses authorized by part AA of the 
        1968 Act (Secure Our Schools);
            (7) $16,920,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990; and
            (8) $51,700,000 for the Juvenile Accountability Block Grants 
        program as authorized by part R of the 1968 Act and Guam shall 
        be considered a State:

Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized: Provided further, That not more than 
2 percent of each amount may be used for training and technical 
assistance: Provided further, That the previous two provisos shall not 
apply to grants and projects authorized by sections 261 and 262 of the 
1974 Act.


                     public safety officers benefits


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

                General Provisions--Department of Justice

    Sec. 201. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $50,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses.
    Sec. 202. <<NOTE: Abortion.>> None of the funds appropriated by this 
title shall be available to pay for an abortion, except where the life 
of the mother would be endangered if the fetus were carried to term, or 
in the case of rape: Provided, That should this prohibition be

[[Page 121 STAT. 1913]]

declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void.

    Sec. 203. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 204. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section: Provided further, That none of the funds 
appropriated to ``Buildings and Facilities, Federal Prison System'' in 
this or any other Act may be transferred to ``Salaries and Expenses, 
Federal Prison System'', or any other Department of Justice account, 
unless the President certifies that such a transfer is necessary to the 
national security interests of the United States, and such authority 
shall not be delegated, and shall be subject to section 505 of this Act.
    Sec. 206. <<NOTE: 5 USC 3104 note.>> The Attorney General is 
authorized to extend through September 30, 2009, the Personnel 
Management Demonstration Project transferred to the Attorney General 
pursuant to section 1115 of the Homeland Security Act of 2002, Public 
Law 107-296 (6 U.S.C. 533) without limitation on the number of employees 
or the positions covered.

    Sec. 207. <<NOTE: Applicability. 28 USC 533 note.>> Notwithstanding 
any other provision of law, Public Law 102-395 section 102(b) shall 
extend to the Bureau of Alcohol, Tobacco, Firearms and Explosives in the 
conduct of undercover investigative operations and shall apply without 
fiscal year limitation with respect to any undercover investigative 
operation initiated by the Bureau of Alcohol, Tobacco, Firearms and 
Explosives that is necessary for the detection and prosecution of crimes 
against the United States.

    Sec. 208. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act may be used 
by Federal prisons to purchase cable television services, to rent or 
purchase videocassettes, videocassette recorders, or other audiovisual 
or electronic equipment used primarily for recreational purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.

[[Page 121 STAT. 1914]]

    Sec. 210. <<NOTE: Certification.>> None of the funds made available 
under this title shall be obligated or expended for Sentinel, or for any 
other major new or enhanced information technology program having total 
estimated development costs in excess of $100,000,000, unless the Deputy 
Attorney General and the investment review board certify to the 
Committees on Appropriations that the information technology program has 
appropriate program management and contractor oversight mechanisms in 
place, and that the program is compatible with the enterprise 
architecture of the Department of Justice.

    Sec. 211. Any deviation from the amounts designated for specific 
activities in this Act and accompanying report, or any use of 
deobligated balances of funds provided under this title in previous 
years, shall be subject to the procedures set forth in section 505 of 
this Act.
    Sec. 212. (a) Section 589a of title 28, United States Code, is 
amended in subsection (b) by--
            (1) striking ``and'' in paragraph (8);
            (2) striking the period in paragraph (9) and inserting ``; 
        and''; and
            (3) adding the following new paragraph:
            ``(10) fines imposed under section 110(l) of title 11, 
        United States Code.''.

    (b) Section 110(l)(4)(A) of title 11, United States Code, is amended 
to read as follows:
    ``(A) Fines imposed under this subsection in judicial districts 
served by United States trustees shall be paid to the United States 
trustees, who shall deposit an amount equal to such fines in the United 
States Trustee Fund.''.
    Sec. 213. (a) Section 1930(a) of title 28, United States Code, is 
amended in paragraph (6) by striking everything after ``whichever occurs 
first.'' and inserting in lieu thereof: ``The fee shall be $325 for each 
quarter in which disbursements total less than $15,000; $650 for each 
quarter in which disbursements total $15,000 or more but less than 
$75,000; $975 for each quarter in which disbursements total $75,000 or 
more but less than $150,000; $1,625 for each quarter in which 
disbursements total $150,000 or more but less than $225,000; $1,950 for 
each quarter in which disbursements total $225,000 or more but less than 
$300,000; $4,875 for each quarter in which disbursements total $300,000 
or more but less than $1,000,000; $6,500 for each quarter in which 
disbursements total $1,000,000 or more but less than $2,000,000; $9,750 
for each quarter in which disbursements total $2,000,000 or more but 
less than $3,000,000; $10,400 for each quarter in which disbursements 
total $3,000,000 or more but less than $5,000,000; $13,000 for each 
quarter in which disbursements total $5,000,000 or more but less than 
$15,000,000; $20,000 for each quarter in which disbursements total 
$15,000,000 or more but less than $30,000,000; $30,000 for each quarter 
in which disbursements total more than $30,000,000. The fee shall be 
payable on the last day of the calendar month following the calendar 
quarter for which the fee is owed.''.
    (b) <<NOTE: Effective date. 28 USC 1930 note.>> This section and the 
amendment made by this section shall take effect January 1, 2008, or the 
date of the enactment of this Act, whichever is later.

    Sec. 214. None of the funds appropriated by this Act may be used to 
plan for, begin, continue, finish, process, or approve a public-private 
competition under the Office of Management and

[[Page 121 STAT. 1915]]

Budget Circular A-76 or any successor administrative regulation, 
directive, or policy for work performed by employees of the Bureau of 
Prisons or of Federal Prison Industries, Incorporated.
    Sec. 215. Notwithstanding any other provision of law, no funds shall 
be available for the salary, benefits, or expenses of any United States 
Attorney assigned dual or additional responsibilities by the Attorney 
General or his designee that exempt that United States Attorney from the 
residency requirements of 28 U.S.C. 545.
    Sec. 216. <<NOTE: Reports. Deadlines.>> Of the funds appropriated in 
this Act for the Federal Bureau of Investigation's Sentinel program, 
$25,000,000 shall not be available for obligation until 60 days after 
the Committees on Appropriations receive from the Federal Bureau of 
Investigation a report on the results of a completed integrated baseline 
review for that program: Provided, That the report shall be submitted 
simultaneously to the Government Accountability Office: Provided 
further, That the Government Accountability Office shall review the 
Bureau's performance measurement baseline for the Sentinel program and 
shall submit its findings to the Committees on Appropriations of the 
Senate and House of Representatives within 60 days of its receipt of the 
report.

    Sec. 217. <<NOTE: Certification.>> None of the funds appropriated in 
this or any other Act shall be obligated for the initiation of a future 
phase of the Federal Bureau of Investigation's Sentinel program until 
the Attorney General certifies to the Committees on Appropriations that 
existing phases currently under contract for development or fielding 
have completed a majority of the work for that phase under the 
performance measurement baseline validated by the integrated baseline 
review referred to in section 216 of this Act: Provided, That this 
restriction does not apply to planning and design activities for future 
phases: Provided further, <<NOTE: Notification.>> That the Bureau will 
notify the Committees on Appropriations of any significant changes to 
the baseline.

    Sec. 218. (a) <<NOTE: Reports.>> The Attorney General shall submit 
quarterly reports to the Inspector General of the Department of Justice 
regarding the costs and contracting procedures relating to each 
conference held by the Department of Justice during fiscal year 2008 for 
which the cost to the Government was more than $20,000.

    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
            (1) a description of the subject of and number of 
        participants attending that conference;
            (2) a detailed statement of the costs to the Government 
        relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that conference; and
            (3) a description of the contracting procedures relating to 
        that conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted by 
                the Department of Justice in evaluating potential 
                contractors for that conference.

    Sec. 219. Notwithstanding any other provision of law, a public or 
private institution of higher education may offer or provide

[[Page 121 STAT. 1916]]

an officer or employee of any branch of the United States Government or 
of the District of Columbia, who is a current or former student of such 
institution, financial assistance for the purpose of repaying a student 
loan or forbearance of student loan repayment, and an officer or 
employee of any branch of the United States Government or of the 
District of Columbia may seek or receive such assistance or forbearance.
    Sec. 220. (a) Section 2996(a) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, territories, and Indian tribes (as defined 
                in section 2704)'' after ``to assist States''; and
                    (B) in subparagraph (B), by striking ``and local'' 
                and inserting ``, territorial, Tribal, and local'';
            (2) in paragraph (2), by inserting ``, territories, and 
        Indian tribes'' after ``make grants to States''; and
            (3) in paragraph (3)(C), by inserting ``, Tribal,'' after 
        ``support State''.

    (b) Section 755(a) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (42 U.S.C. 3797cc-2(a)) is amended by 
inserting ``, territories, and Indian tribes (as defined in section 2704 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3797d))'' after ``make grants to States''.
    (c) Section 756 of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (42 U.S.C. 3797cc-3) is amended--
            (1) in subsection (a)(2), by inserting ``, territorial, or 
        Tribal'' after ``State'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by inserting ``, territorial, or Tribal'' 
                      after ``State''; and
                          (ii) by striking ``and/or'' and inserting 
                      ``or'';
                    (B) in paragraph (2)--
                          (i) by inserting ``, territory, Indian 
                      tribe,'' after ``agency of the State''; and
                          (ii) by inserting ``, territory, Indian 
                      tribe,'' after ``criminal laws of that State''; 
                      and
                    (C) by adding at the end the following:
                    ``(C) Indian tribe.--The term `Indian tribe' has the 
                meaning given the term in section 2704 of the Omnibus 
                Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
                3797d).''; and
            (3) in subsection (c)--
                    (A) in paragraph (3), by striking ``Indian Tribes'' 
                and inserting ``Indian tribes''; and
                    (B) in paragraph (4)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``State's''; and
                                    (II) by striking ``and/or'' and 
                                inserting ``or'';
                          (ii) in subparagraph (A), by striking 
                      ``State'';
                          (iii) in subparagraph (C), by inserting ``, 
                      Indian tribes,'' after ``involved counties''; and
                          (iv) in subparagraph (D), by inserting ``, 
                      Tribal'' after ``Federal, State''.

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

[[Page 121 STAT. 1917]]

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

                                 SCIENCE

                 Office of Science and Technology Policy

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

              National Aeronautics and Space Administration

                  science, aeronautics and exploration

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

                        exploration capabilities

    For necessary expenses in the conduct and support of exploration 
capabilities research and development activities, including research, 
development, operations, support and services; space flight, spacecraft 
control and communications activities including operations, production, 
and services; maintenance; construction of facilities including repair, 
rehabilitation, revitalization and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; program

[[Page 121 STAT. 1918]]

management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; not to exceed 
$35,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $6,733,700,000, to remain available until 
September 30, 2009: Provided, That of the amounts provided under this 
heading, $4,000,000,000 shall be for Space Shuttle operations, 
production, research, development, and support and $2,220,000,000 shall 
be for International Space Station operations, production, research, 
development, and support: Provided further, That amounts funded under 
this heading shall be reduced by $32,000,000 in corporate and general 
administrative expenses and the reduction shall be applied 
proportionally to each amount therein.


                       office of inspector general


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


                        Administrative Provisions


                      (including transfer of funds)


    Notwithstanding the limitation on the duration of availability of 
funds appropriated for ``Science, Aeronautics and Exploration'' or 
``Exploration Capabilities'' under this title, when any activity has 
been initiated by the incurrence of obligations for construction of 
facilities or environmental compliance and restoration activities as 
authorized by law, such amount available for such activity shall remain 
available until expended. This provision does not apply to the amounts 
appropriated for institutional minor revitalization and minor 
construction of facilities, and institutional facility planning and 
design.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, Aeronautics and Exploration'' or 
``Exploration Capabilities'' by this appropriations Act, the amounts 
appropriated for construction of facilities shall remain available until 
September 30, 2010.
    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed or 
the offer is withdrawn. Funding shall not be made available for 
Centennial Challenges unless authorized.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by any 
such transfers. Any transfer pursuant to this provision shall be treated 
as a reprogramming of funds under section 505 of this Act and shall not 
be available for obligation except in compliance with the procedures set 
forth in that section.
    Notwithstanding any other provision of law, no funds shall be used 
to implement any Reduction in Force or other involuntary separations 
(except for cause) by the National Aeronautics and Space Administration 
prior to September 30, 2008.

[[Page 121 STAT. 1919]]

    The <<NOTE: Strategy. 42 USC 16762 note.>> Administrator of the 
National Aeronautics and Space Administration shall prepare a strategy 
for minimizing job losses when the National Aeronautics and Space 
Administration transitions from the Space Shuttle to a successor human-
rated space transport vehicle. This strategy shall include: (1) specific 
initiatives that the National Aeronautics and Space Administration has 
undertaken, or plans to undertake, to maximize the utilization of 
existing civil service and contractor workforces at each of the affected 
Centers; (2) efforts to equitably distribute tasks and workload between 
the Centers to mitigate the brunt of job losses being borne by only 
certain Centers; (3) new workload, tasks, initiatives, and missions 
being secured for the affected Centers; and (4) overall projections of 
future civil service and contractor workforce levels at the affected 
Centers. <<NOTE: Deadlines.>> The Administrator shall transmit this 
strategy to Congress not later than 90 days after the date of enactment 
of this Act. The Administrator shall update and transmit to Congress 
this strategy not less than every six months thereafter until the 
successor human-rated space transport vehicle is fully operational.

    For <<NOTE: 42 USC 16611b.>> fiscal year 2009 and hereafter, the 
National Aeronautics and Space Administration shall provide, at a 
minimum, the following information in its annual budget justification:
            (1) The actual, current, proposed funding level, and 
        estimated budgets for the next five fiscal years by directorate, 
        theme, program, project and activity within each appropriations 
        account.
            (2) The proposed programmatic and non-programmatic 
        construction of facilities.
            (3) The budget for headquarters including--
                    (A) the budget by office, and any division thereof, 
                for the actual, current, proposed funding level, and 
                estimated budgets for the next five fiscal years;
                    (B) the travel budget for each office, and any 
                division thereof, for the actual, current, and proposed 
                funding level; and
                    (C) the civil service full time equivalent 
                assignments per headquarters office, and any division 
                thereof, including the number of Senior Executive 
                Service, noncareer, detailee, and contract personnel per 
                office.
            (4) <<NOTE: Deadline.>> Within 14 days of the submission of 
        the budget to the Congress an accompanying volume shall be 
        provided to the Committees on Appropriations containing the 
        following information for each center, facility managed by any 
        center, and federally funded research and development center 
        operated on behalf of the National Aeronautics and Space 
        Administration:
                    (A) The actual, current, proposed funding level, and 
                estimated budgets for the next five fiscal years by 
                directorate, theme, program, project, and activity.
                    (B) The proposed programmatic and non-programmatic 
                construction of facilities.
                    (C) The number of civil service full time equivalent 
                positions per center for each identified fiscal year.
                    (D) The number of civil service full time equivalent 
                positions considered to be uncovered capacity at each 
                location for each identified fiscal year.

[[Page 121 STAT. 1920]]

            (5) The proposed budget as designated by object class for 
        each directorate, theme, and program.
            (6) Sufficient narrative shall be provided to explain the 
        request for each program, project, and activity, and an 
        explanation for any deviation to previously adopted baselines 
        for all justification materials provided to the Committees.

    The <<NOTE: Reports. Deadline.>> Administrator of the National 
Aeronautics and Space Administration shall submit quarterly reports to 
the Inspector General of the National Aeronautics and Space 
Administration regarding the costs and contracting procedures relating 
to each conference or meeting, held by the National Aeronautics and 
Space Administration during fiscal year 2008 for which the cost to the 
Government was more than $20,000.

    Each report submitted shall include, for each conference described 
in that subsection held during the applicable quarter--
            (1) a description of the number of and purpose of 
        participants attending that conference or meeting;
            (2) a detailed statement of the costs to the Government 
        relating to that conference or meeting, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services;
                    (C) the cost of all related travel; and
                    (D) a discussion of the methodology used to 
                determine which costs relate to that conference or 
                meeting; and
            (3) a description of the contracting procedures relating to 
        that conference or meeting, including--
                    (A) whether contracts were awarded on a competitive 
                basis; and
                    (B) a discussion of any cost comparison conducted by 
                the National Aeronautics and Space Administration in 
                evaluating potential contractors for any conference or 
                meeting.

    The <<NOTE: Reports. Deadline.>> Administrator of NASA shall, not 
later than September 30, 2008, submit to the appropriate committees of 
Congress a report on each conference for which the agency paid travel 
expenses during fiscal year 2008 that includes--
            (1) the itemized expenses paid by the agency, including 
        travel expenses and any agency expenditure to otherwise support 
        the conference;
            (2) the primary sponsor of the conference;
            (3) the location of the conference;
            (4) in the case of a conference for which the agency was the 
        primary sponsor, a statement that--
                    (A) justifies the location selected;
                    (B) demonstrates the cost efficiency of the 
                location;
                    (C) the date of the conference;
                    (D) a brief explanation how the conference advanced 
                the mission of the agency; and
                    (E) the total number of individuals who travel or 
                attendance at the conference was paid for in part or 
                full by the agency.

    In this provision, the term conference means a meeting that--
            (1) is held for consultation, education, awareness, or 
        discussion;
            (2) includes participants who are not all employees of the 
        same agency;
            (3) is not held entirely at an agency facility;

[[Page 121 STAT. 1921]]

            (4) involves costs associated with travel and lodging for 
        some participants; and
            (5) is sponsored by 1 or more agencies, 1 or more 
        organizations that are not agencies, or a combination of such 
        agencies or organizations.

                       National Science Foundation

                     research and related activities

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

          major research equipment and facilities construction

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

                      education and human resources

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


                 agency operations and award management


    For agency operations and award management necessary in carrying out 
the National Science Foundation Act of 1950, as

[[Page 121 STAT. 1922]]

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

                  office of the national science board

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

                       office of inspector general

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

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                          salaries and expenses


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

                 Equal Employment Opportunity Commission


                          salaries and expenses


    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, and the Civil Rights 
Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of 
passenger motor vehicles as authorized

[[Page 121 STAT. 1923]]

by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; and not to 
exceed $29,140,000 for payments to State and local enforcement agencies 
for authorized services to the Commission, $329,300,000: Provided, That 
the Commission is authorized to make available for official reception 
and representation expenses not to exceed $2,500 from available funds: 
Provided further, <<NOTE: Notification.>> That the Commission may take 
no action to implement any workforce repositioning, restructuring, or 
reorganization until such time as the House and Senate Committees on 
Appropriations have been notified of such proposals, in accordance with 
the reprogramming requirements of section 505 of this Act.

                     International Trade Commission


                          salaries and expenses


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

                       Legal Services Corporation

                payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $350,490,000, of 
which $332,390,000 is for basic field programs and required independent 
audits; $3,000,000 is for the Office of Inspector General, of which such 
amounts as may be necessary may be used to conduct additional audits of 
recipients; $12,500,000 is for management and administration; $2,100,000 
is for client self-help and information technology; and $500,000 is for 
loan repayment assistance: Provided, That the Legal Services Corporation 
may continue to provide locality pay to officers and employees at a rate 
no greater than that provided by the Federal Government to Washington, 
DC-based employees as authorized by 5 U.S.C. 5304, notwithstanding 
section 1005(d) of the Legal Services Corporation Act, 42 U.S.C. 
2996(d).


          administrative provision--legal services corporation


    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such sections, except that all references in 
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead 
to 2007 and 2008, respectively.

                        Marine Mammal Commission

                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission as authorized 
by title II of Public Law 92-522, $2,820,000.

[[Page 121 STAT. 1924]]

           National Veterans Business Development Corporation


                          salaries and expenses


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

            Office of the United States Trade Representative

                          salaries and expenses

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

                         State Justice Institute

                          salaries and expenses

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

                                 TITLE V

                           GENERAL PROVISIONS


                      (including transfer of funds)


    Sec. 501. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.

    Sec. 504. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.

[[Page 121 STAT. 1925]]

    Sec. 505. (a) <<NOTE: Notifications. Deadlines.>> None of the funds 
provided under this Act, or provided under previous appropriations Acts 
to the agencies funded by this Act that remain available for obligation 
or expenditure in fiscal year 2008, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates new programs; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes or renames offices, programs, or 
activities; or (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the House 
and Senate Committees on Appropriations are notified 15 days in advance 
of such reprogramming of funds.

    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of personnel by 
10 percent as approved by Congress; or (3) results from any general 
savings, including savings from a reduction in personnel, which would 
result in a change in existing programs, activities, or projects as 
approved by Congress; unless the House and Senate Committees on 
Appropriations are notified 15 days in advance of such reprogramming of 
funds.
    Sec. 506. <<NOTE: 33 USC 891e-1.>> Hereafter, none of the funds made 
available in this Act or any other Act may be used for the construction, 
repair (other than emergency repair), overhaul, conversion, or 
modernization of vessels for the National Oceanic and Atmospheric 
Administration in shipyards located outside of the United States.

    Sec. 507. <<NOTE: Religious harassment.>> Hereafter, none of the 
funds made available in this Act may be used to implement, administer, 
or enforce any guidelines of the Equal Employment Opportunity Commission 
covering harassment based on religion, when it is made known to the 
Federal entity or official to which such funds are made available that 
such guidelines do not differ in any respect from the proposed 
guidelines published by the Commission on October 1, 1993 (58 Fed. Reg. 
51266).

    Sec. 508. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract or 
subcontract made with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 509. <<NOTE: Deadline. Reports.>> The Departments of Commerce 
and Justice, the National Science Foundation, and the National 
Aeronautics and Space Administration, shall provide to the House and 
Senate

[[Page 121 STAT. 1926]]

Committees on Appropriations a quarterly accounting of the cumulative 
balances of any unobligated funds that were received by such agency 
during any previous fiscal year.

    Sec. 510. Any costs incurred by a department or agency funded under 
this Act resulting from, or to prevent, personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available to such department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this section is 
provided in addition to authorities included elsewhere in this Act: 
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 511. <<NOTE: Tobacco and tobacco products.>> None of the funds 
provided by this Act shall be available to promote the sale or export of 
tobacco or tobacco products, or to seek the reduction or removal by any 
foreign country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally to all 
tobacco or tobacco products of the same type.

    Sec. 512. None of the funds appropriated pursuant to this Act or any 
other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.

    Sec. 513. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other 
provision of law, amounts deposited or available in the Fund established 
under 42 U.S.C. 10601 in any fiscal year in excess of $590,000,000 shall 
not be available for obligation until the following fiscal year.

    Sec. 514. <<NOTE: Discrimination.>> None of the funds made available 
to the Department of Justice in this Act may be used to discriminate 
against or denigrate the religious or moral beliefs of students who 
participate in programs for which financial assistance is provided from 
those funds, or of the parents or legal guardians of such students.

    Sec. 515. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 516. <<NOTE: President. International agreements.>> With the 
consent of the President, the Secretary of Commerce shall represent the 
United States Government in negotiating and monitoring international 
agreements regarding fisheries, marine mammals, or sea turtles: 
Provided, That the Secretary of Commerce shall be responsible for the 
development and interdepartmental coordination of the policies of the 
United States with respect to the international negotiations and 
agreements referred to in this section.

[[Page 121 STAT. 1927]]

    Sec. 517. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 518. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) <<NOTE: Firearm traces.>> The Bureau of Alcohol, Tobacco, 
Firearms and Explosives shall include in all such data releases, 
language similar to the following that would make clear that trace data 
cannot be used to draw broad conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes, or models of 
        firearms are used for illicit purposes. The firearms selected do 
        not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are normally 
        traced to the first retail seller, and sources reported for 
        firearms traced do not necessarily represent the sources or 
        methods by which firearms in general are acquired for use in 
        crime.

    Sec. 519. (a) <<NOTE: Audits. Reports. Deadlines.>> The Inspectors 
General of the Department of Commerce, the Department of Justice, the 
National Aeronautics and Space Administration, and the National Science 
Foundation shall conduct audits, pursuant to the Inspector General Act 
(5 U.S.C. App.), of grants or contracts for which funds are appropriated 
by this Act, and shall submit reports to Congress on the progress of 
such audits, which may include preliminary findings and a description of 
areas of particular interest, within 180 days after initiating such an 
audit and every 180 days thereafter until any such audit is completed.

    (b) <<NOTE: Public information. Website.>> Within 60 days after the 
date on which an audit described in subsection (a) by an Inspector 
General is completed, the Secretary, Attorney General, Administrator, or 
Director, as appropriate, shall make the results of the audit available 
to the public on the Internet website maintained by the Department, 
Administration, or Foundation, respectively. The results shall be made 
available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft or 
        for other inappropriate or unlawful purposes.

    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) <<NOTE: Certification.>> Any person awarded a grant or contract 
funded by amounts appropriated by this Act shall submit a statement to 
the Secretary

[[Page 121 STAT. 1928]]

of Commerce, the Attorney General, the Administrator, or the Director, 
as appropriate, certifying that no funds derived from the grant or 
contract will be made available through a subcontract or in any other 
manner to another person who has a financial interest in the person 
awarded the grant or contract.

    (e) <<NOTE: Effective date.>> The provisions of the preceding 
subsections of this section shall take effect 30 days after the date on 
which the Director of the Office of Management and Budget, in 
consultation with the Director of the Office of Government Ethics, 
determines that a uniform set of rules and requirements, substantially 
similar to the requirements in such subsections, consistently apply 
under the executive branch ethics program to all Federal departments, 
agencies, and entities.

    Sec. 520. None of the funds appropriated or otherwise made available 
under this Act may be used to issue patents on claims directed to or 
encompassing a human organism.
    Sec. 521. <<NOTE: Torture.>> None of the funds made available in 
this Act shall be used in any way whatsoever to support or justify the 
use of torture by any official or contract employee of the United States 
Government.

    Sec. 522. (a) <<NOTE: Exports. Canada.>> Notwithstanding any other 
provision of law or treaty, none of the funds appropriated or otherwise 
made available under this Act or any other Act may be expended or 
obligated by a department, agency, or instrumentality of the United 
States to pay administrative expenses or to compensate an officer or 
employee of the United States in connection with requiring an export 
license for the export to Canada of components, parts, accessories or 
attachments for firearms listed in Category I, section 121.1 of title 
22, Code of Federal Regulations (International Trafficking in Arms 
Regulations (ITAR), part 121, as it existed on April 1, 2005) with a 
total value not exceeding $500 wholesale in any transaction, provided 
that the conditions of subsection (b) of this section are met by the 
exporting party for such articles.

    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and
            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.

    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in the 
United States or return to Canada for a Canadian citizen.

[[Page 121 STAT. 1929]]

    (d) <<NOTE: Federal Register, publication. President.>> The 
President may require export licenses under this section on a temporary 
basis if the President determines, upon publication first in the Federal 
Register, that the Government of Canada has implemented or maintained 
inadequate import controls for the articles specified in subsection (a), 
such that a significant diversion of such articles has and continues to 
take place for use in international terrorism or in the escalation of a 
conflict in another nation. The President shall terminate the 
requirements of a license when reasons for the temporary requirements 
have ceased.

    Sec. 523. Notwithstanding any other provision of law, no department, 
agency, or instrumentality of the United States receiving appropriated 
funds under this Act or any other Act shall obligate or expend in any 
way such funds to pay administrative expenses or the compensation of any 
officer or employee of the United States to deny any application 
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 
27 CFR section 478.112 or .113, for a permit to import United States 
origin ``curios or relics'' firearms, parts, or ammunition.
    Sec. 524. None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the text 
of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-Morocco 
        Free Trade Agreement.

    Sec. 525. (a)(1) <<NOTE: Reports. Certifications. Deadlines.>> The 
Administrator of the National Aeronautics and Space Administration shall 
modify the Administration's financial management system and perform all 
appropriate testing and assurance activities necessary for the system to 
be capable of properly budgeting, accounting for, controlling, and 
reporting on appropriations made to the Administration for fiscal year 
2009 and thereafter under the appropriation accounts set out for the 
Administration in H.R. 3093 of the 110th Congress, as passed by the 
House of Representatives.

    (2) The Administrator shall transmit to the Committee on 
Appropriations of the House of Representatives and the Committee on 
Appropriations of the Senate a written report, on a monthly basis until 
the certification under paragraph (3) is transmitted, on progress in 
complying with this subsection.
    (3) Not later than April 1, 2008, the Administrator shall transmit 
to the Committee on Appropriations of the House of Representatives and 
the Committee on Appropriations of the Senate a written certification 
that the Administration's financial management system meets the 
requirements of this section.
    (b) <<NOTE: Effective date.>> Beginning for the first full month 
after the date of enactment of this Act, the Administrator shall report 
in writing to the Committee on Appropriations of the House of 
Representatives and the Committee on Appropriations of the Senate, on 
the 15th business day of each month, financial information on the 
execution of the Administration's budget for the preceding month and for 
the fiscal year to date. Each report under this subsection shall provide 
information on the Administration's budget, obligations incurred, and 
disbursements made, presented by--

[[Page 121 STAT. 1930]]

            (1) mission area (as reflected in the appropriation accounts 
        set out for the Administration in H.R. 3093 of the 110th 
        Congress, as passed by the House of Representatives);
            (2) program or project;
            (3) Center; and
            (4) object class, as well as any other financial information 
        requested by the Committee on Appropriations of the House of 
        Representatives or the Committee on Appropriations of the 
        Senate.

    Sec. 526. None of the funds made available in this Act may be used 
to authorize or issue a national security letter in contravention of any 
of the following laws authorizing the Federal Bureau of Investigation to 
issue national security letters: The Right to Financial Privacy Act; The 
Electronic Communications Privacy Act; The Fair Credit Reporting Act; 
The National Security Act of 1947; USA PATRIOT Act; and the laws amended 
by these Acts.
    Sec. 527. None of the funds appropriated or otherwise made available 
by this Act may be made available for a public-private competition 
conducted under Office of Management and Budget Circular A-76 or to 
convert a function performed by Federal employees to private sector 
performance without such a competition unless a representative 
designated by a majority of the employees engaged in the performance of 
the activity or function for which the public-private competition is 
conducted or which is to be converted without such a competition is 
treated as an interested party with respect to such competition or 
decision to convert to private sector performance for purposes of 
subchapter V of chapter 35 of title 31, United States Code.
    Sec. 528. Section 605 of the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998 (16 U.S.C. 1451 note) is amended--
            (1) in the matter preceding paragraph (1) by striking 
        ``$25,500,000 for fiscal year 2008'' and inserting ``$30,000,000 
        for each of fiscal years 2008 through 2010'';
            (2) in each of paragraphs (1), (2), (3), (4), and (6) by 
        striking ``2008'' and inserting ``2010''; and
            (3) in paragraph (5) by striking ``fiscal year 2008'' and 
        inserting ``each of fiscal years 2008 through 2010''.

    Sec. 529. <<NOTE: Effective date. 16 USC 1853a note.>> Effective 
January 13, 2007, section 303A of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1853a) is amended--
            (1) by striking ``association'' in subsection (c)(4)(A)(iii) 
        and inserting ``association, among willing parties'';
            (2) by striking paragraph (2) of subsection (i);
            (3) by striking ``(1) In general.--'' in subsection (i) and 
        resetting paragraph (1) as a full measure paragraph following 
        ``(i) Transition Rules.--''; and
            (4) by redesignating subparagraphs (A), (B), and (C) of 
        subsection (i)(1) (before its amendment by paragraph (3)) as 
        paragraphs (1), (2), and (3), respectively and resetting them as 
        indented paragraphs 2 ems from the left margin.

    Sec. 530. <<NOTE: Notification.>> If at any time during any quarter, 
the program manager of a project within the jurisdiction of the 
Departments of Commerce or Justice, the National Aeronautics and Space 
Administration, or the National Science Foundation totaling more than 
$75,000,000 has reasonable cause to believe that the total program cost 
has increased by 10 percent, the program manager

[[Page 121 STAT. 1931]]

shall immediately inform the Secretary, Administrator, or Director. The 
Secretary, <<NOTE: Deadline.>> Administrator, or Director shall notify 
the House and Senate Committees on Appropriations within 30 days in 
writing of such increase, and shall include in such notice: the date on 
which such determination was made; a statement of the reasons for such 
increases; the action taken and proposed to be taken to control future 
cost growth of the project; changes made in the performance or schedule 
milestones and the degree to which such changes have contributed to the 
increase in total program costs or procurement costs; new estimates of 
the total project or procurement costs; and a statement validating that 
the project's management structure is adequate to control total project 
or procurement costs.

    Sec. 531. Notwithstanding section 505 of this Act, no funds shall be 
reprogrammed within or transferred between appropriations after June 30, 
except in extraordinary circumstances.
    Sec. 532. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2008.
    Sec. 533. (a) Subsection (a) of section 315 of the National 
Aeronautics and Space Administration Act of 1958 (42 U.S.C. 2459j) is 
amended--
            (1) by striking ``Notwithstanding any other provision of 
        law, the Administrator'' and inserting ``The Administrator''; 
        and
            (2) by striking ``any real property'' and inserting ``any 
        non-excess real property and related personal property''; and
            (3) by striking ``at no more than two (2) National 
        Aeronautics and Space Administration (NASA) centers''.

    (b) Subsection (b) of such section is amended--
            (1) in paragraph (1), by striking ``consideration'' and all 
        that follows through the end of the paragraph and inserting 
        ``cash consideration for the lease at fair market value as 
        determined by the Administrator.'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraph (3) as paragraph (2); and
            (4) in paragraph (2), as redesignated by paragraph (3) of 
        this subsection--
                    (A) in subparagraph (B), by striking ``maintenance'' 
                and all that follows through ``centers selected for this 
                demonstration program'' and inserting ``capital 
                revitalization and construction projects and 
                improvements of real property assets and related 
                personal property under the jurisdiction of the 
                Administrator''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(C) Amounts utilized under subparagraph (B) may not be 
        utilized for daily operating costs.''.

    (c) Subsection (e) of such section is amended--
            (1) by striking ``Lease Restrictions.--NASA'' and inserting 
        the following: ``Lease Restrictions.--
            ``(1) NASA''; and
            (2) by adding at the end the following new paragraph:

[[Page 121 STAT. 1932]]

            ``(2) <<NOTE: Certification.>> NASA is not authorized to 
        enter into an out-lease under this section unless the 
        Administrator certifies that such out-lease will not have a 
        negative impact on NASA's mission.''.

    (d) Such section is further amended by adding at the end the 
following new subsection (f):
    ``(f) Sunset.--The authority to enter into leases under this section 
shall expire on the date that is ten years after the date of the 
enactment of the Commerce, Justice, Science, and Related Agencies 
Appropriations Act of 2008. The expiration under this subsection of 
authority to enter into leases under this section shall not affect the 
validity or term of leases or NASA's retention of proceeds from leases 
entered into under this section before the date of the expiration of 
such authority.''.
    (e) The heading of such section is amended by striking ``Enhanced-
use lease of real property demonstration'' and inserting ``Lease of non-
excess property''.
    (f) <<NOTE: Effective date. 42 USC 2459j note.>> This section shall 
become effective on December 31, 2008.

    Sec. 534. <<NOTE: 5 USC app. 6 note.>> The Departments, agencies, 
and commissions funded under this Act, shall establish and maintain on 
the homepages of their Internet websites--
            (1) a direct link to the Internet websites of their Offices 
        of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General website 
        by which individuals may anonymously report cases of waste, 
        fraud, or abuse with respect to those Departments, agencies, and 
        commissions.

    Sec. 535. <<NOTE: Contracts. Grants. Certification.>> None of the 
funds appropriated or otherwise made available by this Act may be used 
to enter into a contract in an amount greater than $5,000,000 or to 
award a grant in excess of such amount unless the prospective contractor 
or grantee certifies in writing to the agency awarding the contract or 
grant that, to the best of its knowledge and belief, the contractor or 
grantee has filed all Federal tax returns required during the three 
years preceding the certification, has not been convicted of a criminal 
offense under the Internal Revenue Code of 1986, and has not, more than 
90 days prior to certification, been notified of any unpaid Federal tax 
assessment for which the liability remains unsatisfied, unless the 
assessment is the subject of an installment agreement or offer in 
compromise that has been approved by the Internal Revenue Service and is 
not in default, or the assessment is the subject of a non-frivolous 
administrative or judicial proceeding.

    Sec. 536. <<NOTE: ED 1.0 Act. 47 USC 902 note.>> This section may be 
cited as the ``ED 1.0 Act''.

     (a) In this section:
            (1) The term ``Administrator'' means the Administrator of 
        the National Telecommunications and Information Administration.
            (2) The term ``eligible educational institution'' means an 
        institution that is--
                    (A) a historically Black college or university;
                    (B) a Hispanic-serving institution as that term is 
                defined in section 502(a)(5) of the Higher Education Act 
                of 1965 (20 U.S.C. 1101a(a)(5));
                    (C) a tribally controlled college or university as 
                that term is defined in section 2(a)(4) of the Tribally 
                Controlled College or University Assistance Act of 1978 
                (25 U.S.C. 1801(a)(4));

[[Page 121 STAT. 1933]]

                    (D) an Alaska Native-serving institution as that 
                term is defined in section 317(b)(2) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or
                    (E) a Native Hawaiian-serving institution as that 
                term is defined in section 317(b)(4) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)(4)).
            (3) The term ``historically Black college or university'' 
        means a part B institution as that term is defined in section 
        322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).

    (b)(1)(A) <<NOTE: Grants.>> There is established within the National 
Telecommunications and Information Administration a pilot program under 
which the Administrator shall award 9 grants to eligible educational 
institutions to enable the eligible educational institutions to develop 
digital and wireless networks for online educational programs of study 
within the eligible educational institutions. The Administrator shall 
award not less than 1 grant to each type of eligible educational 
institution, enumerated under subsection (a)(2).

    (B)(i) The Administrator shall award a total of 9 grants under this 
subsection.
    (ii) The Administrator shall make grant payments under this 
subsection in the amount of $500,000.
    (2)(A) In awarding grants under this subsection the Administrator 
shall give priority to an eligible educational institution that, 
according to the most recent data available (including data available 
from the Bureau of the Census), serves a county, or other appropriate 
political subdivision where no counties exist--
            (i) in which 50 percent of the residents of the county, or 
        other appropriate political subdivision where no counties exist, 
        are members of a racial or ethnic minority;
            (ii) in which less than 18 percent of the residents of the 
        county, or other appropriate political subdivision where no 
        counties exist, have obtained a baccalaureate degree or a higher 
        education;
            (iii) that has an unemployment rate of 7 percent or greater;
            (iv) in which 20 percent or more of the residents of the 
        county, or other appropriate political subdivision where no 
        counties exist, live in poverty;
            (v) that has a negative population growth rate; or
            (vi) that has a family income of not more than $32,000.

    (B) In awarding grants under this subsection the Administrator shall 
give the highest priority to an eligible educational institution that 
meets the greatest number of requirements described in clauses (i) 
through (vi) of subparagraph (A).
    (3) An eligible educational institution receiving a grant under this 
subsection may use the grant funds--
            (A) to acquire equipment, instrumentation, networking 
        capability, hardware, software, digital network technology, 
        wireless technology, or wireless infrastructure;
            (B) to develop and provide educational services, including 
        faculty development; or
            (C) to develop strategic plans for information technology 
        investments.

    (4) The Administrator shall not require an eligible educational 
institution to provide matching funds for a grant awarded under this 
subsection.
    (5)(A) The Administrator shall consult with the Committee on 
Appropriations and the Committee on Commerce, Science, and

[[Page 121 STAT. 1934]]

Transportation of the Senate and the Committee on Appropriations and the 
Committee on Energy and Commerce of the House of Representatives, on a 
quarterly basis regarding the pilot program assisted under this 
subsection.
    (B) <<NOTE: Reports. Deadline.>> Not later than 1 year after the 
date of enactment of this section, the Administrator shall submit to the 
committees described in subparagraph (A) a report evaluating the 
progress of the pilot program assisted under this subsection.

    (c) There are authorized to be appropriated to carry out this 
section $4,500,000 for each of fiscal years 2008 and 2009.
    (d) The Administrator shall carry out this section only with amounts 
appropriated in advance specifically to carry out this section.
    Sec. 537. None of the funds appropriated or otherwise made available 
in this Act may be used in a manner that is inconsistent with the 
principal negotiating objective of the United States with respect to 
trade remedy laws to preserve the ability of the United States--
            (1) to enforce vigorously its trade laws, including 
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                    (A) lessen the effectiveness of domestic and 
                international disciplines on unfair trade, especially 
                dumping and subsidies; or
                    (B) lessen the effectiveness of domestic and 
                international safeguard provisions, in order to ensure 
                that United States workers, agricultural producers, and 
                firms can compete fully on fair terms and enjoy the 
                benefits of reciprocal trade concessions; and
            (3) to address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.

    Sec. 538. None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 539. Section 2301 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking 
``the `Improving Emergency Communications Act of 2007'.'' and inserting 
``the `911 Modernization Act'.''.
    Sec. 540. Section 504(a)(11)(E) of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134; 110 
Stat. 1321-55) is amended by inserting before ``an alien'' the 
following: ``a nonimmigrant worker admitted to, or permitted to remain 
in, the United States under section 101(a)(15)(H)(ii)(b) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for 
forestry labor or''.
    Sec. 541. None of the funds made available in this Act may be used 
in contravention of section 402(e)(1) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
    Sec. 542. None of the funds in this Act may be used to employ 
workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 543. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than

[[Page 121 STAT. 1935]]

50 employees from a Federal department or agency at any single 
conference occurring outside the United States.

                                TITLE VI

                               RESCISSIONS

                         DEPARTMENT OF COMMERCE

                   Economic Development Administration


                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS


                              (RESCISSION)


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

                    Economic and Statistical Analysis


                          SALARIES AND EXPENSES


                              (RESCISSION)


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

             National Institute of Standards and Technology


                     INDUSTRIAL TECHNOLOGY SERVICES


                              (RESCISSION)


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

             National Oceanic and Atmospheric Administration


                              (Rescission)


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

                          DEPARTMENT OF JUSTICE

                         General Administration


                          SALARIES AND EXPENSES


                              (RESCISSION)


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


                 JUSTICE INFORMATION SHARING TECHNOLOGY


                              (RESCISSION)


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

[[Page 121 STAT. 1936]]

                          Working Capital Fund


                              (Rescission)


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


               TELECOMMUNICATIONS CARRIER COMPLIANCE FUND


                              (RESCISSION)


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


                            DETENTION TRUSTEE


                              (RESCISSION)


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

                            Legal Activities


                         Assets Forfeiture Fund


                              (Rescission)


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

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS


                              (RESCISSION)


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

                       Office of Justice Programs


                              (Rescission)


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


                  Community Oriented Policing Services


                              (Rescissions)


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

[[Page 121 STAT. 1937]]

              NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                              (Rescission)

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

                       NATIONAL SCIENCE FOUNDATION

                              (Rescission)

    Of the unobligated balances available to the National Science 
Foundation from prior year appropriations, $33,000,000 are rescinded: 
Provided, <<NOTE: Deadline. Reports.>> That within 30 days after the 
date of the enactment of this section the Director shall submit to the 
Committees on Appropriations a report specifying the amount of each 
rescission made pursuant to this section.

    This Act may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2008''.

  DIVISION C--ENERGY <<NOTE: Energy and Water Development and Related 
 Agencies Appropriations Act, 2008.>> AND WATER DEVELOPMENT AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2008

                                 TITLE I

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

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


                             Investigations


                     (including rescission of funds)


    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood and storm damage 
reduction, shore protection, aquatic ecosystem restoration, and related 
projects; restudy of authorized projects, miscellaneous investigations; 
and, when authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $167,261,000, to 
remain available until expended: Provided, That of the funds provided 
under this heading of Public Law 106-554, $100,000 are rescinded: 
Provided further, That using $2,952,000 of the funds provided herein, 
the Secretary of the Army acting through the Chief of Engineers shall 
continue the Louisiana Coastal Protection and Restoration study at full 
Federal expense: Provided further, That using $1,968,000 of the funds 
provided

[[Page 121 STAT. 1938]]

herein, the Secretary of the Army acting through the Chief of Engineers 
shall continue the Coastal Mississippi Hurricane and Storm Damage 
Reduction study at full Federal expense: Provided further, That funds in 
the amount of $461,000 are provided to continue environmental studies 
for the Pine Mountain Dam, Arkansas, project: Provided further, That 
cost sharing of preconstruction engineering and design shall be as 
previously applied to this activity.


                              Construction


                    (including rescissions of funds)


    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law, including a portion 
of the expenses for the modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989; for 
conducting detailed studies, and plans and specifications, of such 
projects (including those involving participation by States, local 
governments, or private groups) authorized or made eligible for 
selection by law (but such detailed studies, and plans and 
specifications, shall not constitute a commitment of the Government to 
construction); $2,294,029,000, to remain available until expended; of 
which such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material Disposal 
Facilities program shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104-303; and of which such sums as are 
necessary pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, to cover one-half of the costs of construction and 
rehabilitation of inland waterways projects (including the 
rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; Lock 
and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River, 
Illinois and Missouri; Lock 27, Mississippi River, Illinois; Markland 
Locks and Dam, Kentucky and Indiana; Emsworth Locks and Dam, Ohio River, 
Pennsylvania; and Lock and Dam 3, Mississippi River, Minnesota) shall be 
derived from the Inland Waterways Trust Fund; and of which $7,380,000 
shall be exclusively for projects and activities authorized under 
section 107 of the River and Harbor Act of 1960; and of which $4,796,000 
shall be exclusively for projects and activities authorized under 
section 111 of the River and Harbor Act of 1968; and of which $4,428,000 
shall be exclusively for projects and activities authorized under 
section 103 of the River and Harbor Act of 1962; and of which 
$42,312,000 shall be exclusively for projects and activities authorized 
under section 205 of the Flood Control Act of 1948; and of which 
$9,840,000 shall be exclusively for projects and activities authorized 
under section 14 of the Flood Control Act of 1946; and of which $0 shall 
be exclusively for projects and activities authorized under section 208 
of the Flood Control Act of 1954; and of which $29,520,000 shall be 
exclusively for projects and activities authorized under section 1135 of 
the Water Resources Development Act of 1986; and of which $29,520,000 
shall be exclusively for projects and activities authorized under 
section 206 of the Water Resources Development Act of 1996; and of which 
$5,292,000 shall be exclusively for projects and activities authorized 
under sections 204 and 207 of the Water Resources Development Act of 
1992 and section 933 of the Water Resources Development

[[Page 121 STAT. 1939]]

Act of 1986: Provided, That the Chief of Engineers is directed to use 
$12,792,000 of the funds appropriated herein for the Dallas Floodway 
Extension, Texas, project, including the Cadillac Heights feature, 
generally in accordance with the Chief of Engineers report dated 
December 7, 1999: Provided further, That the Chief of Engineers is 
directed to use $1,968,000 of the funds provided herein for the Hawaii 
Water Management Project: Provided further, That the Chief of Engineers 
is directed to use $5,166,000 of the funds appropriated herein for 
planning, engineering, design or construction of the Grundy, Buchanan 
County, and Dickenson County, Virginia, elements of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River Project: 
Provided further, That the Chief of Engineers is directed to use 
$18,204,000 of the funds appropriated herein to continue planning, 
engineering, design or construction of the Lower Mingo County, Upper 
Mingo County, Wayne County, McDowell County, West Virginia, elements of 
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
River Project: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $4,920,000 of the 
funds appropriated herein for the Clover Fork, City of Cumberland, Town 
of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries), 
Bell County, Harlan County in accordance with the Draft Detailed Project 
Report dated January 2002, Floyd County, Martin County, Johnson County, 
and Knox County, Kentucky, detailed project report, elements of the 
Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River: 
Provided further, That the Secretary of the Army is directed to use any 
remaining available funds from funds appropriated in Public Law 103-126 
(107 Stat. 1315) for carrying out engineering and design for the 
relocation of the comfort and lifeguard stations on the Atlantic Coast 
of New York City from Rockaway Inlet to Norton Point, New York, project 
for construction of other features of the project: Provided further, 
That the Secretary of the Army is directed to use any remaining 
available funds from the funds appropriated in Public Law 107-66 (115 
Stat. 488) for increasing the authorized level of protection for the 
Bois Brule Drainage and Levee District, Missouri, project, to continue 
design deficiency repairs on the project: Provided further, That the 
Chief of Engineers is directed to use $2,952,000 of the funds provided 
herein to initiate planning and design of a rural health care facility 
on the Fort Berthold Reservation of the Three Affiliated Tribes, North 
Dakota: Provided further, That $1,476,000 of the funds provided herein 
shall be available to continue detailed design including plans and 
specifications, execute a PCA and initiate construction of Phases I and 
II for the Greenbrier River Basin, Marlinton, West Virginia, project: 
Provided further, That the Secretary of the Army shall use up to 
$5,904,000 including the prior unobligated balance of $4,972,000 from 
the Devils Lake Outlet, North Dakota, project for the North Dakota 
environmental infrastructure project: Provided further, That the 
Secretary of the Army shall use the prior year unobligated balance of 
$1,500,000 from the Waterbury Dam repairs project for the Lake Champlain 
Watershed project: Provided further, That of the funds provided under 
this heading the following amounts are rescinded: from Public Law 101-
101, $435,000; from Public Law 102-377, $1,740,000; from Public Law 103-
126, $797,000; and from Public Law 105-245, $1,716,000.

[[Page 121 STAT. 1940]]

                    Mississippi River and Tributaries


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


                        Operation and Maintenance


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

[[Page 121 STAT. 1941]]

                           Regulatory Program


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


             Formerly Utilized Sites Remedial Action Program


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


                                Expenses


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


         Office of Assistant Secretary of the Army (Civil Works)


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


                        Administrative Provision


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


              GENERAL PROVISIONS, Corps of Engineers--Civil


    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2008, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific activity 
        by either the House or the Senate Committees on Appropriations 
        for a different purpose, unless prior approval is received from 
        the House and Senate Committees on Appropriations;

[[Page 121 STAT. 1942]]

            (5) augments or reduces existing programs, projects or 
        activities in excess of the amounts contained in subsections 6 
        through 10, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (6) Investigations.--For a base level over $100,000, 
        reprogramming of 25 percent of the base amount up to a limit of 
        $150,000 per project, study or activity is allowed: Provided, 
        That for a base level less than $100,000, the reprogramming 
        limit is $25,000; Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (7) Construction.--For a base level over $2,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $3,000,000 per project, study or activity is allowed: Provided, 
        That for a base level less than $2,000,000, the reprogramming 
        limit is $300,000: Provided further, That up to $3,000,000 may 
        be reprogrammed for settled contractor claims, changed 
        conditions, or real estate deficiency judgments; Provided 
        further, That up to $300,000 may be reprogrammed into any 
        continuing study or activity that did not receive an 
        appropriation for existing obligations and concomitant 
        administrative expenses;
            (8) Operation and maintenance.--Unlimited reprogramming 
        authority is granted in order for the Corps to be able to 
        respond to emergencies: Provided, <<NOTE: Notification.>> That 
        the Chief of Engineers must notify the House and Senate 
        Committees on Appropriations of these emergency actions as soon 
        thereafter as practicable: Provided further, That for a base 
        level over $1,000,000, reprogramming of 15 percent of the base 
        amount up to a limit of $5,000,000 per project, study or 
        activity is allowed: Provided further, That for a base level 
        less than $1,000,000, the reprogramming limit is $150,000: 
        Provided further, That $150,000 may be reprogrammed into any 
        continuing study or activity that did not receive an 
        appropriation;
            (9) Mississippi river and tributaries.--The same 
        reprogramming guidelines for the Investigations, Construction, 
        and Operation and Maintenance portions of the Mississippi River 
        and Tributaries Account as listed above; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.

    (b) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing authorities 
program.
    (c) <<NOTE: Deadline. Reports.>> Not later than 60 days after the 
date of enactment of this Act, the Corps of the Engineers shall submit a 
report to the House and Senate Committees on Appropriations to establish 
the baseline for application of reprogramming and transfer authorities 
for the current fiscal year: Provided, That the report shall include:
            (1) A table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed in 
        the budget appendix for the respective appropriations; and

[[Page 121 STAT. 1943]]

            (3) An identification of items of special congressional 
        interest: Provided further, That the amount appropriated for 
        salaries and expenses of the Corps of Engineers shall be reduced 
        by $100,000 per day for each day after the required date that 
        the report has not been submitted to the Congress.

    Sec. 102. None of the funds made available in this title may be used 
to award any continuing contract or make modifications to any existing 
continuing contract that commits an amount for a project in excess of 
the amounts appropriated for that project that remain unobligated, 
except that such amounts may include any funds that have been made 
available through reprogramming to that project pursuant to section 101 
of this Act.
    Sec. 103. None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
implement any pending or future competitive sourcing actions under OMB 
Circular A-76 or High Performing Organizations for the U.S. Army Corps 
of Engineers.
    Sec. 104. None of the funds appropriated in this or any other Act 
shall be used to demonstrate or implement any plans divesting or 
transferring any Civil Works missions, functions, or responsibilities of 
the United States Army Corps of Engineers to other government agencies 
without specific direction in a subsequent Act of Congress.
    Sec. 105. <<NOTE: Deadline. Reports.>> Within 90 days of the date of 
the Chief of Engineers Report on a water resource matter, the Assistant 
Secretary of the Army (Civil Works) shall submit the report to the 
appropriate authorizing and appropriating committees of the Congress.

    Sec. 106. Water Reallocation, Lake Cumberland, Kentucky. (a) In 
General.--Subject to subsection (b), none of the funds made available by 
this Act may be used to carry out any water reallocation project or 
component under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and 
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply to any 
water reallocation for Lake Cumberland, Kentucky, that is carried out 
subject to an agreement or payment schedule in effect on the date of 
enactment of this Act.
    Sec. 107. Using amounts available in the Revolving Fund, the 
Secretary of the Army is authorized to construct a new Environmental 
Laboratory and improvements to the Information Technology Laboratory at 
the Engineer Research and Development Center in Vicksburg, Mississippi: 
Provided, That the Secretary shall ensure that the Revolving Fund is 
appropriately reimbursed from appropriations of the Corps' benefiting 
programs by collection each year of amounts sufficient to repay the 
capitalized cost of such construction and improvements.
    Sec. 108. Notwithstanding section 729 of the Water Resources 
Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary 
shall credit toward the non-Federal share of the cost of the Rio Grande 
Basin Watershed Study, New Mexico, Colorado and Texas, the cost of in-
kind services contributed by the New Mexico Interstate Stream Commission 
for the Study up to the full amount of the required non-Federal share, 
in accordance with the Agreement between the Commission and the 
Department of the Army dated December 3, 2001, as modified on January 
14, 2002.

[[Page 121 STAT. 1944]]

    Sec. 109. Section 121 of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is amended 
by striking subsection (a) and inserting the following:
    ``(a) The Secretary of the Army may carry out and fund planning 
studies, watershed surveys and assessments, or technical studies at 100 
percent Federal expense to accomplish the purposes of the 2003 
Biological Opinion described in section 205(b) of the Energy and Water 
Development Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
2949) as amended by subsection (b) and the collaborative program long-
term plan. In carrying out a study, survey, or assessment under this 
subsection, the Secretary of the Army shall consult with Federal, State, 
tribal and local governmental entities, as well as entities 
participating in the Middle Rio Grande Endangered Species Collaborative 
Program referred to in section 205 of this Act: Provided, That the 
Secretary of the Army may also provide planning and administrative 
assistance to the Middle Rio Grande Endangered Species Collaborative 
Program, which shall not be subject to cost sharing requirements with 
non-Federal interests.''.
    Sec. 110. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to convey at no cost, lands to Tate County School 
District, Tate County, Mississippi, the transfer of any real property 
interests, not to exceed 50 acres, at Arkabutla Lake deemed available by 
the Army that is located adjacent to school district property in the 
vicinity of State Highway 306 west of Coldwater, Mississippi. Such 
transfer shall be subject to the reservation of any required flowage 
easements for the operation of Arkabutla Lake and which preclude 
structures for human habitation. This property shall be used by the Tate 
County School District for public educational purposes.
    Sec. 111. Section 594 of the Water Resources Development Act of 
1999 <<NOTE: 113 Stat. 381.>> is amended by striking ``sec. 594. ohio.'' 
and inserting in lieu thereof ``sec. 594. ohio and north dakota.'' and 
in (a) strike ``Ohio.'' and insert in lieu thereof ``Ohio and North 
Dakota.'' and in (b) strike ``Ohio,'' and insert in lieu thereof ``Ohio 
and North Dakota,'' and in (h) strike ``$240,000,000.'' and insert in 
lieu thereof ``$240,000,000 for Ohio and $100,000,000 for North 
Dakota.''.

    Sec. 112. The Secretary of the Army, acting through the Chief of 
Engineers, is directed and authorized to conduct preconstruction 
engineering and design activities at full Federal expense for the Kahuku 
Storm Damage Reduction Project, Oahu, Hawaii, which includes interior 
drainage and related improvements to be constructed on lands that may 
include Federal land, the cost of the preconstruction, engineering, and 
design activities shall be included in total project costs to be cost 
shared at the rate of 65 percent Federal and 35 percent non-Federal, as 
a part of construction and the Decision Document contents shall be 
limited to a design analysis and supporting NEPA documentation for 
drainage improvements.
    Sec. 113. <<NOTE: 33 USC 426h.>> Section 227 of Public Law 104-303 
is amended in section 5(a) by striking ``7'' and inserting ``12'' in 
lieu thereof.

    Sec. 114. <<NOTE: 10 USC 3036 note.>> All budget documents and 
justification materials for the Corps of Engineers annual budget 
submission to Congress shall be assembled and presented based on the 
most recent annual appropriations Act: Provided, That new budget 
proposals for fiscal year 2008 and thereafter, shall not be integrated 
into the budget

[[Page 121 STAT. 1945]]

justifications submitted to Congress but shall be submitted separately 
from the budget justifications documents.

    Sec. 115. The Secretary of the Army acting through the Chief of 
Engineers is directed to plan, design, and construct a rural health care 
facility on the Fort Berthold Indian Reservation of the Three Affiliated 
Tribes, North Dakota, at an estimated Federal cost of $20,000,000. The 
Secretary shall transfer this facility to the Secretary of the Interior 
for operation and maintenance upon the completion of construction.
    Sec. 116. The last sentence of section 215(a) of the Flood Control 
Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by striking 
``$5,000,000'' and inserting ``$7,000,000''.
    Sec. 117. Johnson Creek, Arlington, Texas. (a) In General.--The 
project for flood damage reduction, environmental restoration and 
recreation, Johnson Creek, Arlington, Texas, authorized by section 
101(b)(14) of the Water Resources Development Act of 1999 (113 Stat. 
280-281) is modified to authorize the Secretary to construct the project 
substantially in accordance with the report entitled Johnson Creek: A 
Vision of Conservation, dated March 30, 2006, at a total cost of 
$80,000,000, with an estimated Federal cost of $52,000,000 and an 
estimated non-Federal cost of $28,000,000 if the Secretary determines 
that the project is technically sound and environmentally acceptable.
    (b) Non-Federal Share.--
            (1) In general.--The non-Federal share of the cost of the 
        project may be provided in cash or in the form of in-kind 
        services or materials.
            (2) Credit and reimbursement.--The Secretary shall credit 
        toward the non-Federal share of the cost of the project the cost 
        of planning, design, and construction work carried out by the 
        non-Federal interest for implementation of the project, if the 
        Secretary determines that the work is integral to the project. 
        Subject to the availability of funds, the non- Federal interest 
        shall be reimbursed for costs incurred by the non-Federal 
        interest that exceed the non-Federal share of project costs.

    (c) Conforming Amendment.--Section 134 of the Energy and Water 
Development Appropriations Act, 2006 (119 Stat. 2264) and section 5143 
of the Water Resources Development Act of 2007, (Public Law 110-
114) <<NOTE: Ante, p. 1254.>> are repealed.

    Sec. 118. The Secretary is authorized and directed to reimburse 
local governments for expenses they have incurred in storm-proofing 
pumping stations, constructing safe houses for operators, and other 
interim flood control measures in and around the New Orleans 
metropolitan area, provided the Secretary determines those elements of 
work and related expenses to be integral to the overall plan to ensure 
operability of the stations during hurricanes, storms and high water 
events and the flood control plan for the area.
    Sec. 119. Section 219(f) of the Water Resources Development Act of 
1992 (Public Law 102-580, 106 Stat. 4835 et seq.), as amended, is 
further amended by striking subsection ``(71) Coronado, California'', in 
its entirety and inserting the following:
            ``(71) Coronado, california.
                    ``(A) $10,000,000 is authorized for wastewater 
                infrastructure, Coronado, California.
                    ``(B) The Federal Share may be in the form of grants 
                or reimbursements of project costs incurred by the non-

[[Page 121 STAT. 1946]]

                Federal sponsor for work performed by the non-Federal 
                sponsor before or after the execution of a project 
                cooperation agreement, if the Secretary determines that 
                such work is integral to the project.
                    ``(C) The Secretary is authorized to credit towards 
                the non-Federal share of project costs the costs 
                incurred by the non-Federal sponsor for work performed 
                by the non-Federal sponsor before or after the execution 
                of a project cooperation agreement, if the Secretary 
                determines that such work is integral to the project.''

    Sec. 120. Navajo Reservation, Arizona, New Mexico, and Utah.--
Section 520(b) of the Water Resources Development Act of 1999 (Public 
Law 106-53; 113 Stat. 345) is amended by inserting after the second 
sentence ``The local match for the funds appropriated for flood plain 
delineation on the Navajo reservation in Arizona, New Mexico, and Utah 
may be provided as in-kind services.''.
    Sec. 121. <<NOTE: 16 USC 460-3a.>> The Secretary of the Army may, 
under such terms and conditions as the Secretary deems appropriate, 
contract with any public or private entity to provide visitor 
reservation services. Any such contract in effect on or after October 1, 
2004, may provide that the contractor shall be permitted to deduct a 
commission to be fixed by the Secretary from the amount charged the 
public for providing such services and to remit the net proceeds 
therefrom to the contracting agency.

    Sec. 122. The project for flood control, Redwood River, Marshall, 
Minnesota, authorized by section 401(a) of the Water Resources 
Development Act of 1986 and modified by section 4(k) of the Water 
Resources Development Act of 1988 is further modified to authorize the 
Secretary to construct the project at a total cost of $11,863,000, with 
an estimated first Federal cost of $8,722,000 and an estimated first 
non-Federal cost of $3,141,000.
    Sec. 123. The project for St. John's Bayou and New Madrid Floodway 
in the State of Missouri as authorized by subsection (d) of the matter 
under the heading ``Lower Mississippi River'' under section 203 of the 
Flood Control Act of 1954 (68 Stat. 1258) and section 401(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4118), and as 
modified by section 331 of the Water Resources Development Act of 1996 
(110 Stat. 3658) as described in the June 2002 Revised Supplemental 
Impact Statement, as supplemented by the March 2006 Revised Supplemental 
Environmental Impact Statement 2 for this project is economically 
justified: Provided, That the levee closure and gravity structure at the 
south end of the New Madrid Floodway portion of the Project are part of 
the Mississippi River Levee feature of the Mississippi River and 
Tributaries Project and are not a separable element of that Project.
    Sec. 124. Funds provided in title V, chapter 3 of Public Law 110-28 
under the heading ``Construction'' may be used for restoration of shore 
protection projects in New Jersey damaged by the same meteorological 
events that resulted in Presidential Disaster Declaration FEMA-1694-DR.
    Sec. 125. The project for flood control, Cedar Hammock (Wares 
Creek), Florida, authorized by section 101(a)(10) of Public Law 104-303 
(110 Stat. 3664), is modified to authorize the Secretary to construct 
the project at a total cost of $42,600,000.

[[Page 121 STAT. 1947]]

    Sec. 126. <<NOTE: 117 Stat. 1845.>> Section 156 of Public Law 108-
137 is amended by inserting ``or reimburse'' after ``non-Federal share 
of the cost of the project'' in paragraphs (2) and (3).

    Sec. 127. <<NOTE: Applicability.>> Notwithstanding any other 
provision of law, the requirements regarding the use of continuing 
contracts under the authority of section 206 of the Water Resources 
Development Act of 1999 (33 U.S.C. 2331) shall apply only to projects 
funded under the Operation and Maintenance account and the Operation and 
Maintenance subaccount of the Mississippi River and Tributaries account.

    Sec. 128. Section 3020 of the Water Resources Development Act of 
2007, Public Law 110-114, <<NOTE: Ante, p. 1110.>> is amended by 
inserting ``or after'' following the word ``before''.

    Sec. 129. Notwithstanding provisions of 42 U.S.C. 2011 et seq. and 
42 U.S.C. 7901 et seq. the U.S. Army Corps of Engineers shall have the 
authority to arrange disposal of waste materials from the Maywood, New 
Jersey, Formerly Utilized Sites Remedial Action Program (FUSRAP) site at 
off-site facilities permitted to accept such waste materials under 
subtitle C of the Resource Conservation and Recovery Act (42 U.S.C. 6921 
et seq.). FUSRAP waste materials from the Maywood site may be, but shall 
not be required to be, disposed at sites licensed under the Atomic 
Energy Act (42 U.S.C. 2011 et seq.).
    Sec. 130. American and Sacramento Rivers, California. Section 
101(a)(1)(B) of the Water Resources Development Act of 1996 (Public Law 
104-303: 110 Stat. 3662) is modified to read as follows:
                    ``(B) Credit toward non-federal share.--The non-
                Federal interest shall receive credit toward the non-
                Federal share of project costs for expenses that the 
                non-Federal interest incurs for design or construction 
                of any authorized project feature, including credit for 
                work commenced before the date of execution of a 
                cooperation agreement for the affected feature. The 
                amount of the credit shall be determined by the 
                Secretary.''.

    Sec. 131. White River Navigation to Batesville, Arkansas. The 
project for navigation, White River Navigation to Batesville, Arkansas, 
as authorized in Public Law 99-662 is amended to extend the project from 
mile 255, near Newport, Arkansas, to approximately mile 296, near 
Batesville, Arkansas; to include a harbor at Batesville, Arkansas; and 
environmental restoration within the White River Basin including 
federally owned lands.
    Sec. 132. Landfills Used for Certain Waste. (a) In General.--The 
funding prohibition set forth in section 103 of the Energy and Water 
Development Appropriations Act, 2006 shall not apply to the construction 
or expansion of any landfill in the Muskingum River watershed if--
            (1) the landfill is used solely for the disposal of--
                    (A) wastes generated from the combustion or 
                gasification of coal,
                    (B) wastes consisting of byproducts from pollution 
                control technology installed to comply with the Clean 
                Air Act, or
                    (C) both of such types of wastes.
            (2) the landfill is owned by the waste generator or any 
        affiliated person, and

[[Page 121 STAT. 1948]]

            (3) the facility at which the wastes are generated is 
        located in the same watershed as the landfill.

    (b) Definitions.--For purposes of this section:
            (1) The term ``affiliated person'' means any person who, 
        directly or indirectly, owns or controls the waste generator, is 
        owned or controlled by the waste generator, or is under common 
        ownership or control with the waste generator.
            (2) The term ``Muskingum River watershed'' shall mean the 
        area within the watershed of the Muskingum River, as delineated 
        by the Secretary of the Army, acting through the Chief of 
        Engineers.

    Sec. 133. Conveyance <<NOTE: Deadline.>> to Story County, Iowa. Not 
later than 180 days after the date of enactment of this Act, the Chief 
of the Army Corps of Engineers shall convey to Story County, Iowa, 
without consideration, all rights, title, and interest of the United 
States in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 197 acres originally proposed for 
the Skunk River Reservoir, located between Ames, Iowa, and Story City, 
Iowa.

    Sec. 134. <<NOTE: Deadline.>> None of the funds provided herein may 
be used to implement any new water control manuals for the Apalachicola-
Chattahootchee-Flint and Alabama-Coosa-Tallapoosa river systems: 
Provided, That in updating the water control manuals the Secretary of 
the Army, acting through the Chief of Engineers is directed to provide 
the following information by September 30, 2008:
            (1) an estimate of the amount of withdrawals from each 
        respective river basin for entities withdrawing one million 
        gallons per day or more over the preceding 60 months;
            (2) a flow data set for the respective river basin updated 
        through the most recently completed calendar year; and
            (3) an estimated projection of total water usage in the 
        respective basins over the next 25 years.

    Sec. 135. Title II, chapter 3 of Public Law 109-234 under the 
heading ``Construction'' <<NOTE: 120 Stat. 454.>> is modified by 
striking ``construction: Provided,'' and inserting in lieu thereof ``: 
Provided, That the Secretary of the Army, in implementing projects and 
measures in the New Orleans metropolitan area required to achieve 
certification for participation in the National Flood Insurance Program 
as directed in Public Law 109-234 shall include all authorized features 
of the Southeast Louisiana Flood Control project and related internal 
pumping requirements as integral elements of the comprehensive 
protection system for the area and shall complete all authorized work 
for the Southeast Louisiana project concurrently and integrally with 
other area projects: Provided further,''.

    Sec. 136. Utilizing funds appropriated under Alaska Coastal Erosion 
or other available funds, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to prepare a preliminary action plan for 
any community that requests assistance pursuant to section 117, as 
contained in title I, division C of Public Law 108-447: Provided, 
That <<NOTE: Deadlines.>> the preliminary action plan pursuant to this 
authority shall be presented to the Assistant Secretary of the Army 
(Civil Works) and the Alaska Congressional Delegation not later than 90 
days after the initial request from the community: Provided further, 
That the preliminary action plan will recommend the most appropriate 
course of action (relocation or erosion stabilization), including a 
preliminary cost estimate and, at a minimum, the first year funding 
requirements: Provided <<NOTE: Notification.>> further, That if the

[[Page 121 STAT. 1949]]

Alaska District is unable to comply with this reporting requirement, the 
District shall provide written notification to the Assistant Secretary 
of the Army (Civil Works) and the Alaska Congressional Delegation within 
30 days of the community assistance request explaining why they are 
unable to comply.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                 Central Utah Project Completion Account


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

                          Bureau of Reclamation

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


                       Water and Related Resources


                     (including transfers of funds)


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

[[Page 121 STAT. 1950]]

That funds available for expenditure for the Departmental Irrigation 
Drainage Program may be expended by the Bureau of Reclamation for site 
remediation on a non-reimbursable basis: Provided further, That funds 
provided for the Friant-Kern and Madera Canals improvements may be 
expended on a non-reimbursable basis: Provided further, That $2,952,000 
of the funds appropriated under this heading shall be deposited in the 
San Gabriel Basin Restoration Fund established by section 110 of title I 
of appendix D of Public Law 106-554.


                 Central Valley Project Restoration Fund


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


                    California Bay-Delta Restoration


                      (including transfer of funds)


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


                        Policy and Administration


                      (including transfer of funds)


    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $58,811,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses: Provided further, That, of

[[Page 121 STAT. 1951]]

the funds provided under this heading, $10,000,000 shall be transferred 
to ``Water and Related Resources'' upon the expiration of the 60-day 
period following the date of enactment of this Act if, during such 
period, the Secretary of the Interior has not submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate the Bureau of Reclamation's five-year budget plan.


                        ADMINISTRATIVE PROVISION


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

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of California 
of a plan, which shall conform to the water quality standards of the 
State of California as approved by the Administrator of the 
Environmental Protection Agency, to minimize any detrimental effect of 
the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal reclamation 
law.
     Sec. 202. <<NOTE: New Mexico.>> None of the funds appropriated or 
otherwise made available by this or any other Act may be used to pay the 
salaries and expenses of personnel to purchase or lease water in the 
Middle Rio Grande or the Carlsbad Projects in New Mexico unless said 
purchase or lease is in compliance with the purchase requirements of 
section 202 of Public Law 106-60.

     Sec. 203. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation.
     Sec. 204. <<NOTE: Grants. Contracts.>> The Secretary of the 
Interior, acting through the Commissioner of the Bureau of Reclamation, 
is authorized to enter into grants, cooperative agreements, and other 
agreements with irrigation or water districts and States to fund up to 
50 percent of the cost of planning, designing, and constructing 
improvements that will conserve water, increase water use efficiency, or 
enhance water management through measurement or automation, at existing 
water supply projects within the States identified in the Act of June 
17, 1902, as amended, and supplemented: Provided, That when such 
improvements are to federally owned facilities,

[[Page 121 STAT. 1952]]

such funds may be provided in advance on a non-reimbursable basis to an 
entity operating affected transferred works or may be deemed non-
reimbursable for non-transferred works: Provided further, That the 
calculation of the non-Federal contribution shall provide for 
consideration of the value of any in-kind contributions, but shall not 
include funds received from other Federal agencies: Provided further, 
That the cost of operating and maintaining such improvements shall be 
the responsibility of the non-Federal entity: Provided further, That 
this section shall not supercede any existing project-specific funding 
authority: Provided further, That the Secretary is also authorized to 
enter into grants or cooperative agreements with universities or non-
profit research institutions to fund water use efficiency research.

    Sec. 205. (a) Section 209 of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is 
repealed.
    (b) The <<NOTE: Establishment.>> Secretary of the Interior (referred 
to in this section as the ``Secretary'') shall establish an Executive 
Committee of the Middle Rio Grande Endangered Species Collaborative 
Program (referred to in this section as the ``Executive Committee'') 
consistent with the bylaws of the Middle Rio Grande Endangered Species 
Collaborative Program adopted on October 2, 2006.

    (c) In compliance with applicable Federal and State laws, the 
Secretary (acting through the Commissioner of Reclamation), in 
collaboration with the Executive Committee, may enter into any grants, 
contracts, cooperative agreements, interagency agreements, or other 
agreements that the Secretary determines to be necessary to comply with 
the 2003 Biological Opinion described in section 205(b) of the Energy 
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2949) as amended by section 121(b) of the Energy and Water 
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
2256) or in furtherance of the objectives set forth in the collaborative 
program long-term plan.
    (d)(1) The acquisition of water under subsection (c) and any 
administrative costs associated with carrying out subsection (c) shall 
be at full Federal expense.
    (2) Not more than 15 percent of amounts appropriated to carry out 
subsection (c) shall be made available for the payment of administrative 
expenses associated with carrying out that subsection.
    (e)(1) The non-Federal share of activities carried out under 
subsection (c) (other than an activity or a cost described in subsection 
(d)(1)) shall be 25 percent. The non-Federal cost share shall be 
determined on a programmatic, rather than a project-by-project basis.
    (2) The non-Federal share required under paragraph (1) may be in the 
form of in-kind contributions, the value of which shall be determined by 
the Secretary in consultation with the executive committee.
    (f) Nothing in this section modifies or expands the discretion of 
the Secretary with respect to operating reservoir facilities under the 
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
    Sec. 206. In furtherance of section 529 of Public Law 106-541, the 
Secretary of the Interior shall continue to participate in 
implementation of the Project at Las Vegas Wash and Lake Mead in 
accordance with the Plan, and may provide grants to

[[Page 121 STAT. 1953]]

the Southern Nevada Water Authority to carry out the implementation of 
the Project at Las Vegas Wash and Lake Mead in accordance with the Plan: 
Provided, That issuance of any such grants shall not modify the cost 
sharing requirements provided in section 529(b) of Public Law 106-541.
    Sec. 207. <<NOTE: Grants. Nevada. California.>> In carrying out 
section 2507 of Public Law 107-171, the Secretary of the Interior, 
acting through the Commissioner of Reclamation, shall use $2,000,000 to 
provide grants, to be divided equally, to the State of Nevada and the 
State of California to implement the Truckee River Settlement Act, 
Public Law 101-618.

    Sec. 208. <<NOTE: Nevada. Native Americans. Fish and fishing.>> (a) 
Notwithstanding any other provision of law, of amounts made available 
under section 2507 of the Farm Security and Rural Investment Act of 2002 
(43 U.S.C. 2211 note; Public Law 107-171), the Secretary of the 
Interior--
            (1) acting through the Commissioner of Reclamation, shall 
        use--
                    (A) subject to subsection (b), $3,000,000 for 
                activities necessary to convey to the State of Nevada 
                the land known as the ``Carson Lake and Pasture'', as 
                authorized by section 206(e) of the Truckee-Carson-
                Pyramid Lake Water Rights Settlement Act (Public Law 
                101-618: 104 Stat. 3311);
                    (B) $10,000,000 for the removal of the Numana Dam 
                and other obsolete irrigation structures located on the 
                Pyramid Lake Paiute Reservation for the benefit of the 
                Pyramid Lake Paiute Tribe because of their status as 
                Indians;
                    (C) in consultation with the Corps of Engineers, as 
                applicable, $5,000,000 to study and prepare plans for 
                the development and construction of a pipeline to convey 
                water from Dixie Valley to Churchill County, Nevada;
                    (D) $10,000,000 for--
                          (i) design and construction of the Derby Dam 
                      fish screen to allow passage of fish, including 
                      the cui-ui and Lahontan cutthroat trout; and
                          (ii) any improvements to Derby Dam necessary 
                      to make the fish screen operable;
                    (E) $6,000,000 for the acquisition of not more than 
                4 small hydroelectric power plants from the Sierra 
                Pacific Power Company to improve water allocation and 
                fish passage in the Truckee River; and
                    (F) $6,000,000 for Lower Truckee River restoration 
                projects identified by the cities of Reno and Sparks, 
                Nevada, and Washoe County, Nevada;
            (2) shall allocate $9,000,000 to a nonprofit conservation 
        organization, acting in consultation with the Truckee Meadows 
        Water Authority, for--
                    (A) the acquisition of land surrounding Independence 
                Lake; and
                    (B) protection of the native fishery and water 
                quality of Independence Lake;
            (3) shall allocate $1,000,000 to the Summit Lake Paiute 
        Tribe to plan and complete restoration efforts at the Summit 
        Lake in Northern Washoe County, Nevada, for the benefit of the 
        Tribe because of their status as Indians;
            (4) shall allocate $3,000,000 to the Newlands Project Water 
        Rights Fund for a Federal-State-Pyramid Lake Paiute Tribe 
        program, to be administered by an entity identified by the

[[Page 121 STAT. 1954]]

        3 applicable parties, for the retirement of water rights 
        pursuant to the Truckee-Carson-Pyramid Lake Water Rights 
        Settlement Act (Public Law 101-618: 104 Stat. 3311);
            (5) shall allocate $2,500,000 to the United States Fish and 
        Wildlife Service to analyze, in cooperation and consultation 
        with external experts, the impacts of low water flows on 
        reproduction at the Walker Lake fishery, including an analysis 
        of methods to prevent permanent effects on the fishery from low 
        water flows;
            (6) shall allocate $4,000,000 to the State of Nevada to 
        prepare watershed inventories, with a particular focus on the 
        Walker and Carson River Basins;
            (7) shall allocate $5,000,000 for joint planning and 
        development activities for water, wastewater, and sewer 
        facilities by the city of Fernley, Nevada, and the Pyramid Lake 
        Paiute Tribe;
            (8) shall allocate $500,000 for the Walker River Paiute 
        Tribe for legal and professional services in support of settling 
        tribal water claims in the Walker River Basin and to Walker 
        Lake;
            (9) shall allocate $1,000,000 to the Walker River Irrigation 
        District--
                    (A) to plan and implement a weed control program to 
                improve conveyance efficiency of water controlled by the 
                Irrigation District; and
                    (B) to make improvements to water gauges controlled 
                by the Irrigation District to enhance the water 
                monitoring activities of the Irrigation District; and
            (10) shall allocate $250,000 to Churchill County, Nevada, to 
        provide testing of groundwater wells.

    (b)(1) The <<NOTE: Deadline.>> Secretary shall achieve compliance 
with all applicable Federal laws (including regulations) relating to the 
conveyance of the Carson Lake and Pasture to the State of Nevada as 
described in subsection (a)(1)(A) by not later than June 30, 2010.

    (2) Any amounts made available to carry out the conveyance described 
in subsection (a)(1)(A) but not expended for that purpose shall be made 
available to the State of Nevada to supplement funds provided under 
section 217(a)(1) of the Energy and Water Development Appropriations 
Act, 2004 (Public Law 108-137; 117 Stat. 1852), to purchase water rights 
from willing sellers and to make necessary improvements to benefit the 
Carson Lake and Pasture.
    Sec. 209. Section 10(a) of the Mni Wiconi Project Act of 1988 
(Public Law 100-516; 102 Stat. 2571; 116 Stat. 3033) is amended in the 
second sentence by striking ``2008'' and inserting ``2013''.
    Sec. 210. Inland Empire and Cucamonga Valley Recycling Projects. The 
Reclamation Wastewater and Groundwater Study and Facilities Act (Public 
Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at 
the end the following:

``SEC. 16__. <<NOTE: 43 USC 390h-21.>> INLAND EMPIRE REGIONAL WATER 
            RECYCLING PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Inland 
Empire Utilities Agency, may participate in the design, planning, and 
construction of the Inland Empire regional water recycling project 
described in the report submitted under section 1606(c).

[[Page 121 STAT. 1955]]

    ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be used 
for operation and maintenance of the project described in subsection 
(a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $20,000,000.

``SEC. 16__. <<NOTE: California. 43 USC 390h-22.>> CUCAMONGA VALLEY 
            WATER RECYCLING PROJECT.

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

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

    Sec. 211. <<NOTE: North Dakota. Reports.>> Prior to the unilateral 
termination or removal of cabin or trailer sites on Bureau of 
Reclamation lands in North Dakota for the purpose of changing land use, 
the Secretary of the Interior is directed to submit a report describing 
the action to the Committee on Energy and Natural Resources, United 
States Senate and the Committee on Natural Resources, United States 
House of Representatives and the House and Senate Committees on 
Appropriations: Provided, <<NOTE: Deadline.>> That the Secretary shall 
not move forward with the proposed action until 60 days after the report 
is submitted to the Committee Chairmen.

    Sec. 212. Section 3507(b) of Public Law 102-575 <<NOTE: 106 Stat. 
4733.>> (106 Stat. 4600) is amended by striking ``$4,660,000'' and 
inserting ``$12,660,000''.

    Sec. 213. Authority to Extend Water Contract. The Secretary of the 
Interior may extend the water contract 14-06-600-3593, as amended, 
between the United States and the East Bench Irrigation District for 
water services, until the earlier of--
            (1) the expiration of the 2-year period beginning on the 
        date on which the contract would expire but for this section; or
            (2) the date on which a new long-term water contract is 
        executed by the parties to the contract listed in subsection 
        (b).

    Sec. 214. Southern California Desert Region Integrated Water and 
Economic Sustainability Plan. (a) In General.--

[[Page 121 STAT. 1956]]

The Reclamation Wastewater and Groundwater Study and Facilities Act 
(Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by 
adding at the end the following new section:

``SEC. 16__. <<NOTE: 43 USC 390h-23.>> SOUTHERN CALIFORNIA DESERT REGION 
            INTEGRATED WATER AND ECONOMIC SUSTAINABILITY PLAN.

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

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

    (c) Limitation.--The <<NOTE: 43 USC 390h-23 note.>> Secretary shall 
not provide funds for the operation or maintenance of a project 
authorized by this section.

    (d) Credits Toward Non-Federal Share.--For purposes of subsection 
(b) the Secretary shall credit the Mojave Water Agency with the value of 
all expenditures made prior to the date of the enactment of this Act 
that are used toward completion of projects that are compatible with 
this section.

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $1,739,541,000, to remain 
available until expended: Provided, That the Secretary is directed to 
make fiscal year 2008 weatherization funding available from October 1, 
2007, through March 31, 2009, for States that submit plans requesting 
allocations for all or part of this period: Provided further, That the 
funds provided for Federal technical assistance and training are 
intended to be used exclusively to support the effective delivery of 
weatherization services as set forth in statute and applicable 
regulations: Provided further, That any change in program implementation 
should be proposed to Congress in the Department's budget submission and 
not implemented before congressional approval is obtained.

[[Page 121 STAT. 1957]]

               Electricity Delivery and Energy Reliability

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


                             Nuclear Energy


                      (including transfer of funds)


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

                            Legacy Management

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

                          Clean Coal Technology


               (including deferral and transfer of funds)


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

                 Fossil Energy Research and Development


                      (including transfer of funds)


    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for the hire of passenger motor vehicles, the hire, 
maintenance, and operation of aircraft, the purchase, repair,

[[Page 121 STAT. 1958]]

and cleaning of uniforms, the reimbursement to the General Services 
Administration for security guard services, and for conducting 
inquiries, technological investigations and research concerning the 
extraction, processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $750,000,000, to remain available until expended, of which 
$166,000,000 shall be derived by transfer from ``Clean Coal 
Technology'': Provided further, That funds appropriated for prior 
solicitations under the Clean Coal Technology Program, Power Plant 
Improvement Initiative, and Clean Coal Power Initiative, but not 
required by the Department to meet its obligations on projects selected 
under such solicitations, may be utilized for the Clean Coal Power 
Initiative Round III solicitation under this Act in accordance with the 
requirements of this Act rather than the Acts under which the funds were 
appropriated: Provided further, That no project may be selected for 
which full funding is not available to provide for the total project: 
Provided further, That financial assistance for costs in excess of those 
estimated as of the date of award of original Clean Coal Power 
Initiative financial assistance may not be provided in excess of the 
proportion of costs borne by the Government in the original agreement 
and shall be limited to 25 percent of the original financial assistance: 
Provided further, That at least 50 percent cost-sharing shall be 
required in each budget period of a project: Provided further, That in 
accordance with section 988(e) of Public Law 109-58, repayment of the 
DOE contribution to a project shall not be a condition of making an 
award under this solicitation: Provided further, That no part of the sum 
herein made available shall be used for the field testing of nuclear 
explosives in the recovery of oil and gas: Provided further, That in 
this <<NOTE: 42 USC 7269c.>> Act and future Acts, up to 4 percent of 
program direction funds available to the National Energy Technology 
Laboratory may be used to support Department of Energy activities not 
included in this Fossil Energy account: Provided further, That in this 
Act and future Acts, the salaries for Federal employees performing 
research and development activities at the National Energy Technology 
Laboratory can continue to be funded from any appropriate DOE program 
accounts: Provided further, That revenues and other moneys received by 
or for the account of the Department of Energy or otherwise generated by 
sale of products in connection with projects of the Department 
appropriated under the Fossil Energy Research and Development account 
may be retained by the Secretary of Energy, to be available until 
expended, and used only for plant construction, operation, costs, and 
payments to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements.

                 Naval Petroleum and Oil Shale Reserves

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

[[Page 121 STAT. 1959]]

                       Strategic Petroleum Reserve

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

                   Northeast Home Heating Oil Reserve

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

                    Energy Information Administration

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

                    Non-Defense Environmental Cleanup

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

       Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954,

[[Page 121 STAT. 1960]]

as amended, and title X, subtitle A, of the Energy Policy Act of 1992, 
$627,876,000, to be derived from the Fund, to remain available until 
expended, of which $20,000,000 shall be available in accordance with 
title X, subtitle A, of the Energy Policy Act of 1992.

                                 Science


                     (including rescission of funds)


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

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended (the 
``Act''), including the acquisition of real property or facility 
construction or expansion, $189,000,000, to remain available until 
expended, and to be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste Disposal, 
$5,000,000 shall be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate in 
licensing activities pursuant to the Act: Provided further, That 
notwithstanding the lack of a written agreement with the State of Nevada 
under section 117(c) of the Nuclear Waste Policy Act of 1982, Public Law 
97-425, as amended, not less than $1,000,000 shall be provided to Nye 
County, Nevada, for on-site oversight activities under section 117(d) of 
that Act: Provided further, That $9,000,000 shall be provided to 
affected units of local government, as defined in the Act, to conduct 
appropriate activities and participate in licensing activities: Provided 
further, That of <<NOTE: California. Nevada.>> the $9,000,000 provided, 
7.5 percent of the funds provided shall be made available to affected 
units of local government in California with the balance made available 
to affected units of local government in Nevada for distribution as 
determined by the Nevada units of local government. This funding shall 
be provided to affected units of local government, as defined in the 
Act, to conduct appropriate activities and participate in licensing 
activities. <<NOTE: Certification. Deadline. Nevada.>> The Committee 
requires the entities to certify that within 90 days of the completion 
of each Federal fiscal year, the Nevada Division of Emergency Management 
and the Governor of the State of Nevada and each of the affected units 
of local government shall provide certification to the Department of 
Energy that all funds expended from such payments have been expended for 
the activities authorized by the Act and this Act: Provided, That 
notwithstanding

[[Page 121 STAT. 1961]]

the provisions of chapters 65 and 75 of title 31, United States Code, 
the Department shall have no monitoring, auditing or other oversight 
rights or responsibilities over amounts provided to affected units of 
local government in this or any previous year: Provided further, That 
the funds for the State of Nevada shall be made available solely to the 
Nevada Division of Emergency Management by direct payment and to units 
of local government by direct payment: Provided further, That 
within <<NOTE: Deadline. Certification. Nevada.>> 90 days of the 
completion of each Federal fiscal year, the Nevada Division of Emergency 
Management and the Governor of the State of Nevada and each of the 
affected units of local government shall provide certification to the 
Department of Energy that all funds expended from such payments have 
been expended for activities authorized by the Act and this Act: 
Provided further, That failure to provide such certification shall cause 
such entity to be prohibited from any further funding provided for 
similar activities: Provided further, That <<NOTE: Lobbying.>> none of 
the funds herein appropriated may be: (1) used directly or indirectly to 
influence legislative action, except for normal and recognized 
executive-legislative communications, on any matter pending before 
Congress or a State legislature or for lobbying activity as provided in 
18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to support 
multi-State efforts or other coalition building activities inconsistent 
with the restrictions contained in this Act: Provided further, That all 
proceeds and recoveries realized by the Secretary in carrying out 
activities authorized by the Act, including but not limited to, any 
proceeds from the sale of assets, shall be available without further 
appropriation and shall remain available until expended: Provided 
further, That no funds provided in this Act or any previous Act may be 
used to pursue repayment or collection of funds provided in any fiscal 
year to affected units of local government for oversight activities that 
had been previously approved by the Department of Energy, or to withhold 
payment of any such funds.


       Title 17 Innovative Technology Loan Guarantee Loan Program


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

[[Page 121 STAT. 1962]]

                       Departmental Administration


                      (including transfer of funds)


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

                     Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities


                      (including transfer of funds)


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

[[Page 121 STAT. 1963]]

Sandia National Laboratory, Albuquerque, New Mexico: Provided further, 
That $14,846,000 is authorized to be appropriated for Material Security 
and Consolidation project, Idaho National Laboratory, Idaho.

                    Defense Nuclear Nonproliferation


                    (INCLUDING RESCISSIONS OF FUNDS)


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

                             Naval Reactors

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

                       Office of the Administrator

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

[[Page 121 STAT. 1964]]

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Environmental Cleanup


                      (including transfer of funds)


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

                        Other Defense Activities


                      (including transfer of funds)


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

                     Defense Nuclear Waste Disposal

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

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

[[Page 121 STAT. 1965]]

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including the operation, maintenance, and 
purchase through transfer, exchange, or sale of one helicopter for 
replacement only, and official reception and representation expenses in 
an amount not to exceed $1,500; $231,030,000, to remain available until 
expended, of which $221,094,000 shall be derived from the Department of 
the Interior Reclamation Fund: Provided, That of the amount herein 
appropriated, $7,167,000 is for deposit into the Utah Reclamation 
Mitigation and Conservation

[[Page 121 STAT. 1966]]

Account pursuant to title IV of the Reclamation Projects Authorization 
and Adjustment Act of 1992: Provided further, That notwithstanding the 
provision of 31 U.S.C. 3302, up to $308,702,000 collected by the Western 
Area Power Administration pursuant to the Flood Control Act of 1944 and 
the Reclamation Project Act of 1939 to recover purchase power and 
wheeling expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole purpose of 
making purchase power and wheeling expenditures.

            Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission


                          salaries and expenses


    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 
3109, the hire of passenger motor vehicles, and official reception and 
representation expenses not to exceed $3,000, $260,425,000, to remain 
available until expended: Provided, That <<NOTE: 42 USC 7171 
note.>> notwithstanding any other provision of law, not to exceed 
$260,425,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2008 shall be retained and used 
for necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2008 so as to result in a final fiscal year 2008 appropriation from 
the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

    Sec. 301. Contract Competition. (a) None of the funds in this or any 
other appropriations Act for fiscal year 2008 or any previous fiscal 
year may be used to make payments for a noncompetitive management and 
operating contract, or a contract for environmental remediation or waste 
management in excess of $100,000,000 in annual funding at a current or 
former management and operating contract site or facility, or award a 
significant extension or expansion to an existing management and 
operating contract, or other contract covered by this section, unless 
such contract is awarded using competitive procedures or the Secretary 
of Energy grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to grant such a 
waiver.
    (b) The term ``competitive procedures'' has the meaning provided in 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403) and includes procedures described in section

[[Page 121 STAT. 1967]]

303 of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253) other than a procedure that solicits a proposal from only 
one source.
    (c) <<NOTE: Deadline. Reports.>> Within 30 days of formally 
notifying an incumbent contractor that the Secretary intends to grant 
such a waiver, the Secretary shall submit to the Subcommittees on Energy 
and Water Development of the Committees on Appropriations of the House 
of Representatives and the Senate a report notifying the Subcommittees 
of the waiver and setting forth, in specificity, the substantive reasons 
why the Secretary believes the requirement for competition should be 
waived for this particular award.

    Sec. 302. Unfunded Requests for Proposals. None of the funds 
appropriated by this Act may be used to prepare or initiate Requests For 
Proposals (RFPs) for a program if the program has not been funded by 
Congress.
    Sec. 303. Workforce Restructuring. None of the funds appropriated by 
this Act may be used to--
            (1) develop or implement a workforce restructuring plan that 
        covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy, under section 3161 of 
        the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 42 U.S.C. 7274h).

    Sec. 304. Section 3161 Assistance. None of the funds appropriated by 
this Act may be used to augment the funds made available for obligation 
by this Act for severance payments and other benefits and community 
assistance grants under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 
7274h) unless the Department of Energy submits a reprogramming request 
to the appropriate congressional committees.
    Sec. 305. Unexpended Balances. The unexpended balances of prior 
appropriations provided for activities in this Act may be available to 
the same appropriation accounts for such activities established pursuant 
to this title. Available balances may be merged with funds in the 
applicable established accounts and thereafter may be accounted for as 
one fund for the same time period as originally enacted.
    Sec. 306. Bonneville Power Authority Service Territory. None of the 
funds in this or any other Act for the Administrator of the Bonneville 
Power Administration may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bonneville 
service territory, with the exception of services provided 
internationally, including services provided on a reimbursable basis, 
unless the Administrator certifies in advance that such services are not 
available from private sector businesses.
    Sec. 307. User Facilities. When the Department of Energy makes a 
user facility available to universities or other potential users, or 
seeks input from universities or other potential users regarding 
significant characteristics or equipment in a user facility or a 
proposed user facility, the Department shall ensure broad public notice 
of such availability or such need for input to universities and other 
potential users. When the Department of Energy considers the 
participation of a university or other potential user as a formal 
partner in the establishment or operation of a user facility, the 
Department shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term

[[Page 121 STAT. 1968]]

``user facility'' includes, but is not limited to: (1) a user facility 
as described in section 2203(a)(2) of the Energy Policy Act of 1992 (42 
U.S.C. 13503(a)(2)); (2) a National Nuclear Security Administration 
Defense Programs Technology Deployment Center/User Facility; and (3) any 
other Departmental facility designated by the Department as a user 
facility.
    Sec. 308. Intelligence Activities. Funds appropriated by this or any 
other Act, or made available by the transfer of funds in this Act, for 
intelligence activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414) during fiscal year 2008 until the enactment of the 
Intelligence Authorization Act for fiscal year 2008.
    Sec. 309. Laboratory <<NOTE: 50 USC 2791a.>> Directed Research and 
Development. Of the funds made available by the Department of Energy for 
activities at government-owned, contractor-operator operated 
laboratories funded in this Act or subsequent Energy and Water 
Development Appropriations Acts, the Secretary may authorize a specific 
amount, not to exceed 8 percent of such funds, to be used by such 
laboratories for laboratory-directed research and development: Provided, 
That the Secretary may also authorize a specific amount not to exceed 4 
percent of such funds, to be used by the plant manager of a covered 
nuclear weapons production plant or the manager of the Nevada Site 
Office for plant or site-directed research and development: Provided 
further, That notwithstanding Department of Energy order 413.2A, dated 
January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE 
laboratories may be eligible for laboratory directed research and 
development funding.

    Sec. 310. Yield Rate. For fiscal year 2008, except as otherwise 
provided by law in effect as of the date of this Act or unless a rate is 
specifically set by an Act of Congress thereafter, the Administrators of 
the Southeastern Power Administration, the Southwestern Power 
Administration, and the Western Area Power Administration, shall use the 
``yield'' rate in computing interest during construction and interest on 
the unpaid balance of the costs of Federal power facilities. The yield 
rate shall be defined as the average yield during the preceding fiscal 
year on interest-bearing marketable securities of the United States 
which, at the time the computation is made, have terms of 15 years or 
more remaining to maturity.
    Sec. 311. Use Permit. The Use Permit granted to the contractor for 
activities conducted at the Pacific Northwest National Laboratory by 
Agreement DE-GM05-00RL01831 between the Department of Energy and the 
contractor shall continue in effect during the term of the existing 
Operating Contract and the extensions or renewals thereof and shall be 
incorporated into any future management and operating contract for the 
Pacific Northwest National Laboratory and such Use Permit may not be 
waived, modified or terminated unless agreed to by both contractor and 
the Department of Energy.
    Sec. 312. (a) Across-the-Board Rescissions.--There is hereby 
rescinded--
            (1) from discretionary accounts in this title that contain 
        congressionally directed projects, an amount equal to 1.6 
        percent of the budget authority provided for fiscal year 2008 
        for such projects; and

[[Page 121 STAT. 1969]]

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

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

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

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

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

                 Defense Nuclear Facilities Safety Board


                          Salaries and Expenses


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

[[Page 121 STAT. 1970]]

                        Delta Regional Authority


                          Salaries and Expenses


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

                            Denali Commission

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

                      Nuclear Regulatory Commission


                          salaries and expenses


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


                       Office of Inspector General


    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $8,744,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $7,870,000 in fiscal

[[Page 121 STAT. 1971]]

year 2008 shall be retained and be available until expended, for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302: Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2008 so as 
to result in a final fiscal year 2008 appropriation estimated at not 
more than $874,000.

                  Nuclear Waste Technical Review Board


                          Salaries and Expenses


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

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

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

                 General Provision, Independent Agencies

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

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. <<NOTE: Lobbying.>> None of the funds appropriated by this 
Act may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before Congress, other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.

    Sec. 502. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.
    This division may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2008''.

[[Page 121 STAT. 1972]]

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

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

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                          Salaries and Expenses


                      (including transfer of funds)


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

[[Page 121 STAT. 1973]]

Terrorism and Financial Intelligence: Provided further, That of the 
amount appropriated under this heading, $2,100,000, to remain available 
until September 30, 2010, is to develop and implement programs within 
the Office of Critical Infrastructure Protection and Compliance Policy, 
including entering into cooperative agreements.


        Department-Wide Systems and Capital Investments Programs


                      (including transfer of funds)


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


                       Office of Inspector General


                          salaries and expenses


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


            Treasury Inspector General for Tax Administration


                          salaries and expenses


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

[[Page 121 STAT. 1974]]

            Air Transportation Stabilization Program Account


                         (including rescission)


    Sections <<NOTE: 49 USC 40101 note; 115 Stat. 234.>> 101(a)(1), 102, 
104, and 107(2) of the Air Transportation Safety and System 
Stabilization Act (title I, Public Law 107-42) are hereby repealed. All 
unobligated balances under this heading are rescinded.

                  Financial Crimes Enforcement Network


                          salaries and expenses


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

                      Financial Management Service


                          salaries and expenses


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

                Alcohol and Tobacco Tax and Trade Bureau


                          salaries and expenses


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

                           United States Mint


                United States Mint Public Enterprise Fund


    Pursuant to section 5136 of title 31, United States Code, the United 
States Mint is provided funding through the United States Mint Public 
Enterprise Fund for costs associated with the production of circulating 
coins, numismatic coins, and protective services, including both 
operating expenses and capital investments. The aggregate amount of new 
liabilities and obligations incurred during fiscal year 2008 under such 
section 5136 for circulating coinage

[[Page 121 STAT. 1975]]

and protective service capital investments of the United States Mint 
shall not exceed $33,200,000.

                        Bureau of the Public Debt


                      administering the public debt


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

    Community Development Financial Institutions Fund Program Account

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

                        Internal Revenue Service


                            TAXPAYER SERVICES


    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, filing 
and account services, taxpayer advocacy services, and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $2,150,000,000, of which not less than $3,000,000 shall be 
for the Tax Counseling for the

[[Page 121 STAT. 1976]]

Elderly Program, of which not less than $9,000,000 shall be available 
for low-income taxpayer clinic grants, of which not less than 
$8,000,000, to remain available until September 30, 2009, shall be 
available to establish and administer a Community Volunteer Income Tax 
Assistance matching grants demonstration program for tax return 
preparation assistance, and of which not less than $177,000,000 shall be 
available for operating expenses of the Taxpayer Advocate Service.


                               ENFORCEMENT


                      (INCLUDING TRANSFER OF FUNDS)


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


                           OPERATIONS SUPPORT


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


                     Business Systems Modernization


    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $267,090,000, to remain available until 
September 30, 2010, for the capital asset acquisition of information 
technology systems, including management and related contractual costs 
of said acquisitions, including related Internal Revenue Service labor 
costs, and contractual costs associated with operations authorized by 5 
U.S.C. <<NOTE: Expenditure plan.>> 3109: Provided, That, with the 
exception of labor costs, none of these funds may be

[[Page 121 STAT. 1977]]

obligated until the Internal Revenue Service submits to the Committees 
on Appropriations, and such Committees approve, a plan for expenditure 
that: (1) meets the capital planning and investment control review 
requirements established by the Office of Management and Budget, 
including Circular A-11; (2) complies with the Internal Revenue 
Service's enterprise architecture, including the modernization 
blueprint; (3) conforms with the Internal Revenue Service's enterprise 
life cycle methodology; (4) is approved by the Internal Revenue Service, 
the Department of the Treasury, and the Office of Management and Budget; 
(5) has been reviewed by the Government Accountability Office; and (6) 
complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government.


               Health Insurance Tax Credit Administration


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


           Administrative Provisions--Internal Revenue Service


                      (including transfer of funds)


    Sec. 101. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 3 
percent of appropriations under the heading ``Enforcement'' may be 
transferred to any other Internal Revenue Service appropriation upon the 
advance approval of the Committees on Appropriations.
    Sec. 102. The Internal Revenue Service shall maintain a training 
program to ensure that Internal Revenue Service employees are trained in 
taxpayers' rights, in dealing courteously with taxpayers, and in cross-
cultural relations.
    Sec. 103. <<NOTE: Confidentiality.>> The Internal Revenue Service 
shall institute and enforce policies and procedures that will safeguard 
the confidentiality of taxpayer information.

    Sec. 104. Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 105. Section 9503(a) of title 5, United States Code, is amended 
by striking ``for a period of 10 years after the date of enactment of 
this section'' and inserting ``before July 23, 2013''.
    Sec. 106. Sections 9504(a) and (b), and 9505(a) of title 5, United 
States Code, are amended by striking ``For a period of 10 years after 
the date of enactment of this section'' each place it occurs and 
inserting ``Before July 23, 2013''.
    Sec. 107. Section 9502(a) of title 5, United States Code, is amended 
by striking ``Office of Management and Budget'' and inserting ``Office 
of Personnel Management''.
    Sec. 108. Of the funds made available by this Act for the Internal 
Revenue Service, not less than $7,350,000 shall be available for 
increasing above fiscal year 2007 levels the number of

[[Page 121 STAT. 1978]]

full-time equivalent positions and related support activities performing 
Automated Collection System functions.

          Administrative Provisions--Department of the Treasury


                     (including transfers of funds)


    Sec. 109. Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services to 
employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 110. Not to exceed 2 percent of any appropriations in this Act 
made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 111. Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be transferred 
to the Treasury Inspector General for Tax Administration's appropriation 
upon the advance approval of the Committees on Appropriations: Provided, 
That no transfer may increase or decrease any such appropriation by more 
than 2 percent.
    Sec. 112. Of the funds available for the purchase of law enforcement 
vehicles, no funds may be obligated until the Secretary of the Treasury 
certifies that the purchase by the respective Treasury bureau is 
consistent with departmental vehicle management principles: Provided, 
That the Secretary may delegate this authority to the Assistant 
Secretary for Management.
    Sec. 113. None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 114. The Secretary of the Treasury may transfer funds from 
Financial Management Services, Salaries and Expenses to Debt Collection 
Fund as necessary to cover the costs of debt collection: Provided, That 
such amounts shall be reimbursed to such salaries and expenses account 
from debt collections received in the Debt Collection Fund.
    Sec. 115. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``8 years'' and inserting ``10 
years''.
    Sec. 116. None of the funds appropriated or otherwise made available 
by this or any other Act may be used by the United States Mint to 
construct or operate any museum without the explicit approval of the 
House Committee on Financial Services and the Senate Committee on 
Banking, Housing, and Urban Affairs.

[[Page 121 STAT. 1979]]

    Sec. 117. None of the funds appropriated or otherwise made available 
by this or any other Act or source to the Department of the Treasury, 
the Bureau of Engraving and Printing, and the United States Mint, 
individually or collectively, may be used to consolidate any or all 
functions of the Bureau of Engraving and Printing and the United States 
Mint without the explicit approval of the House Committee on Financial 
Services; the Senate Committee on Banking, Housing, and Urban Affairs; 
the House Committee on Appropriations; and the Senate Committee on 
Appropriations.
    Sec. 118. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2008 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2008.
    Sec. 119. Section 3333(a) of title 31, United States Code, is 
amended by deleting paragraph (3) and inserting in lieu thereof the 
following:
    ``(3) The amount of the relief and the amount of any relief granted 
to an official or agent of the Department of the Treasury under 31 
U.S.C. 3527, shall be charged to the Check Forgery Insurance Fund (31 
U.S.C. 3343). A recovery or repayment of a loss for which replacement is 
made out of the fund shall be credited to the fund and is available for 
the purposes for which the fund was established.''.
    This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2008''.

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

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                      Compensation of the President

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

                           White House Office


                          salaries and expenses


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

[[Page 121 STAT. 1980]]

                 Executive Residence at the White House


                           operating expenses


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


                          reimbursable expenses


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

[[Page 121 STAT. 1981]]

from any other applicable requirement of subchapter I or II of chapter 
37 of title 31, United States Code.

                   White House Repair and Restoration

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

                      Council of Economic Advisers


                          salaries and expenses


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

                      Office of Policy Development


                          salaries and expenses


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

                        National Security Council


                          salaries and expenses


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

               Privacy and Civil Liberties Oversight Board


                          SALARIES AND EXPENSES


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

                        Office of Administration


                          salaries and expenses


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

                     Office of Management and Budget


                          salaries and expenses


    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109 and to carry out the provisions

[[Page 121 STAT. 1982]]

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

                 Office of National Drug Control Policy


                          Salaries and Expenses


    For necessary expenses of the Office of National Drug Control Policy 
(ONDCP); for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to 
exceed $10,000 for official reception and representation expenses; and 
for participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $26,402,000; 
of which $250,000 shall remain available until expended for policy 
research and evaluation: Provided, That of the funds provided under this 
heading, $1,250,000 shall be allocated for the National Academy of 
Public Administration to conduct an independent study and analysis of 
ONDCP's organization and management: Provided 
further, <<NOTE: Deadline. Contracts.>> That within two months after the 
date of enactment of this Act, the ONDCP shall

[[Page 121 STAT. 1983]]

contract with the National Academy of Public Administration for purposes 
as described in the previous proviso: Provided further, That the Office 
is authorized to accept, hold, administer, and utilize gifts, both real 
and personal, public and private, without fiscal year limitation, for 
the purpose of aiding or facilitating the work of the Office.


                Counterdrug Technology Assessment Center


                      (including transfer of funds)


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


                      Federal Drug Control Programs


              High Intensity Drug Trafficking Areas Program


                     (including transfers of funds)


    For <<NOTE: Deadline.>> necessary expenses of the Office of National 
Drug Control Policy's High Intensity Drug Trafficking Areas Program, 
$230,000,000, to remain available until September 30, 2009, for drug 
control activities consistent with the approved strategy for each of the 
designated High Intensity Drug Trafficking Areas, of which no less than 
51 percent shall be transferred to State and local entities for drug 
control activities, which shall be obligated within 120 days of the date 
of enactment of this Act: Provided, That up to 49 percent may be 
transferred to Federal agencies and departments at a rate to be 
determined by the Director, of which not less than $2,100,000 shall be 
used for auditing services and associated activities, and up to $400,000 
which shall be for the final year of development and implementation of a 
data collection system to measure the performance of the High Intensity 
Drug Trafficking Areas Program: Provided further, <<NOTE: Funding 
justification.>> That High Intensity Drug Trafficking Areas Programs 
designated as of September 30, 2007, shall be funded at no less than the 
fiscal year 2007 initial allocation levels unless the Director submits 
to the Committees on Appropriations of the House of Representatives and 
the Senate, and the Committees approve, justification for changes in 
those levels based on clearly articulated priorities for the High 
Intensity Drug Trafficking Areas Programs, as well as published Office 
of National Drug Control Policy performance measures of effectiveness: 
Provided further, <<NOTE: Budget request.>> That a request shall be 
submitted in compliance with the reprogramming guidelines to the 
Committees on Appropriations for approval prior to the obligation of 
funds of an amount in excess of the fiscal year 2007 budget request: 
Provided further, <<NOTE: Recommenda- tions. Deadlines.>> That the 
Office of National Drug Control Policy (ONDCP) shall submit 
recommendations for approval to the Committees on Appropriations for 
both the initial High-Intensity

[[Page 121 STAT. 1984]]

Drug Trafficking Area (HIDTA) allocation funding within 90 days after 
the enactment of this Act and the discretionary HIDTA funding, according 
to the framework proposed jointly by the HIDTA Directors and ONDCP, 
within 120 days after the enactment of this Act: Provided further, That 
within the discretionary funding amount, plans for use of such funds 
shall be subject to committee approval: Provided further, That at least 
$2,000,000 shall be available for new counties, not including previously 
funded counties, with priority given to meritorious applicants who have 
submitted previously and have not been funded.


                   Other Federal Drug Control Programs


                      (including transfer of funds)


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

                           Unanticipated Needs

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

                   Special Assistance to the President


                          Salaries and Expenses


    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106,

[[Page 121 STAT. 1985]]

which shall be expended and accounted for as provided in that section; 
and hire of passenger motor vehicles, $4,432,000.

                Official Residence of the Vice President


                           Operating Expenses


                      (including transfer of funds)


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

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


                      (INCLUDING TRANSFER OF FUNDS)


    Sec. 201. <<NOTE: Notification.>> From funds made available in this 
Act under the headings ``White House Office'', ``Executive Residence at 
the White House'', ``White House Repair and Restoration'', ``Council of 
Economic Advisors'', ``National Security Council'', ``Office of 
Administration'', ``Office of Policy Development'', ``Special Assistance 
to the President'', and ``Official Residence of the Vice President'', 
the Director of the Office of Management and Budget (or such other 
officer as the President may designate in writing), may, 15 days after 
giving notice to the House and Senate Committees on Appropriations, 
transfer not to exceed 10 percent of any such appropriation to any other 
such appropriation, to be merged with and available for the same time 
and for the same purposes as the appropriation to which transferred: 
Provided, That the amount of an appropriation shall not be increased by 
more than 50 percent by such transfers: Provided further, That no amount 
shall be transferred from ``Special Assistance to the President'' or 
``Official Residence of the Vice President'' without the approval of the 
Vice President.

    Sec. 202. <<NOTE: Deadline. Financial plan.>> The President shall 
submit to the Committees on Appropriations not later than 30 days after 
the date of the enactment of this Act, and prior to the initial 
obligation of funds appropriated under the heading ``Office of National 
Drug Control Policy'', a financial plan on the proposed uses of all 
funds under the heading by program, project, and activity, for which the 
obligation of funds is anticipated: Provided, That up to 20 percent of 
funds appropriated under this heading may be obligated before the 
submission of the report subject to prior approval of the Committees on 
Appropriations: Provided further, <<NOTE: Reports. Deadlines.>> That the 
report shall be updated and submitted to the Committees on 
Appropriations every six months and shall include information detailing 
how the estimates and assumptions contained in previous reports have 
changed: Provided further, That any new projects and changes in funding 
of ongoing projects shall be subject to the prior approval of the 
Committees on Appropriations.

[[Page 121 STAT. 1986]]

    Sec. 203. Not to exceed 2 percent of any appropriations in this Act 
made available to the Office of National Drug Control Policy may be 
transferred between appropriated programs upon the advance approval of 
the Committees on Appropriations: Provided, That no transfer may 
increase or decrease any such appropriation by more than 3 percent.
    Sec. 204. Not to exceed $1,000,000 of any appropriations in this Act 
made available to the Office of National Drug Control Policy may be 
reprogrammed within a program, project, or activity upon the advance 
approval of the Committees on Appropriations.
    This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2008''.

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

                              THE JUDICIARY

                   Supreme Court of the United States


                          salaries and expenses


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


                    Care of the Building and Grounds


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

         United States Court of Appeals for the Federal Circuit


                          Salaries and Expenses


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

               United States Court of International Trade


                          Salaries and Expenses


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

[[Page 121 STAT. 1987]]

     Courts of Appeals, District Courts, and Other Judicial Services


                          Salaries and Expenses


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


                            Defender Services


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


                    Fees of Jurors and Commissioners


    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized

[[Page 121 STAT. 1988]]

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


                             Court Security


                     (including transfers of funds)


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

            Administrative Office of the United States Courts


                          Salaries and Expenses


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

                         Federal Judicial Center


                          Salaries and Expenses


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

[[Page 121 STAT. 1989]]

                        Judicial Retirement Funds


                    Payment to Judiciary Trust Funds


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

                   United States Sentencing Commission


                          Salaries and Expenses


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

                Administrative Provisions--The Judiciary


                      (including transfer of funds)


    Sec. 301. Appropriations and authorizations made in this title which 
are available for salaries and expenses shall be available for services 
as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 605 and 610 of this Act and shall 
not be available for obligation or expenditure except in compliance with 
the procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, and 
Other Judicial Services'' shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. <<NOTE: Deadline. Financial plan.>> 304. Within 90 days after 
the date of the enactment of this Act, the Administrative Office of the 
U.S. Courts shall submit to the Committees on Appropriations a 
comprehensive financial plan for the Judiciary allocating all sources of 
available funds including appropriations, fee collections, and carryover 
balances, to include a separate and detailed plan for the Judiciary 
Information Technology fund.

    Sec. 305. <<NOTE: 28 USC 461 note.>> Pursuant to section 140 of 
Public Law 97-92, and from funds appropriated in this Act, Justices and 
judges of the United States are authorized during fiscal year 2008, to 
receive a salary adjustment in accordance with 28 U.S.C. 461.

[[Page 121 STAT. 1990]]

    Sec. 306. <<NOTE: Applicability.>> Section 3313(a) of title 40, 
United States Code, shall be applied by substituting ``executive'' for 
``federal'' each place it appears.

    Sec. 307. In accordance with 28 U.S.C. 561-569, and notwithstanding 
any other provision of law, the United States Marshals Service shall 
provide, for such courthouses as its Director may designate in 
consultation with the Director of the Administrative Office of the 
United States Courts, for purposes of a pilot program, the security 
services that 40 U.S.C. 1315 authorizes the Department of Homeland 
Security to provide, except for the services specified in 40 U.S.C. 
1315(b)(2)(E). For building-specific security services at these 
courthouses, the Director of the Administrative Office of the United 
States Courts shall reimburse the United States Marshals Service rather 
than the Department of Homeland Security.
    Sec. 308. Section 128(b) of title 28, United States Code, is amended 
by striking ``Bellingham, Seattle, and Tacoma'' and inserting 
``Bellingham, Seattle, Tacoma, and Vancouver''.
    Sec. 309. Section 203(c) of the Judicial Improvements Act of 1990 
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
            (1) in the third sentence (relating to the District of 
        Kansas), by striking ``16 years'' and inserting ``17 years'';
            (2) in the sixth sentence (relating to the Northern District 
        of Ohio), by striking ``15 years'' and inserting ``17 years''.

    This title may be cited as the ``Judiciary Appropriations Act, 
2008''.

TITLE <<NOTE: District of Columbia Appropriations Act, 2008.>> IV

                          DISTRICT OF COLUMBIA

                              Federal Funds


              Federal Payment for Resident Tuition Support


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

[[Page 121 STAT. 1991]]

on Appropriations of the House of Representatives and Senate for these 
funds showing, by object class, the expenditures made and the purpose 
therefor.


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


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


           Federal Payment to the District of Columbia Courts


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

[[Page 121 STAT. 1992]]

notice to the Committees on Appropriations of the House of 
Representatives and Senate, the District of Columbia Courts may 
reallocate not more than $1,000,000 of the funds provided under this 
heading among the items and entities funded under this heading for 
operations, and not more than 4 percent of the funds provided under this 
heading for facilities.


            Defender Services in District of Columbia Courts


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


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


    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National

[[Page 121 STAT. 1993]]

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


   FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE


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


  Federal Payment to the District of Columbia Water and Sewer Authority


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

[[Page 121 STAT. 1994]]

      Federal Payment to the Criminal Justice Coordinating Council


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


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


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


                 Federal Payment for School Improvement


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


          Federal Payment for Consolidated Laboratory Facility


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


        FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS


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


    Federal Payment to Reimburse the Federal Bureau of Investigation


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

[[Page 121 STAT. 1995]]

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


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

                       District of Columbia Funds

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided: Provided, That 
notwithstanding any other provision of law, except as provided in 
section 450A of the District of Columbia Home Rule Act, approved 
November 2, 2000 (114 Stat. 2440; D.C. Official Code, sec. 1-204.50a) 
and provisions of this Act: The total amount appropriated in this Act 
for operating expenses for the District of Columbia for fiscal year 2008 
under this heading shall not exceed the lesser of the sum of the total 
revenues of the District of Columbia for such fiscal year or 
$9,773,775,000 (of which $6,111,623,000 (including $348,929,000 from 
dedicated taxes) shall be from local funds, $2,015,854,000 shall be from 
Federal grant funds, $1,637,736,000 shall be from other funds, and 
$8,562,000 shall be from private funds), in addition, $114,905,000 from 
funds previously appropriated in this Act as Federal payments: Provided 
further, That of the local funds, $339,989,000 shall be derived from the 
District's general fund balance: Provided further, That of these funds 
the District's intradistrict authority shall be $648,290,000: in 
addition for capital construction projects there is appropriated an 
increase of $1,607,703,000, of which $1,042,712,000 shall be from local 
funds, $38,523,000 from the District of Columbia Highway Trust Fund, 
$73,260,000 from the Local Street Maintenance fund, $75,000,000 from 
revenue bonds, $150,000,000 from financing for construction of a 
consolidated laboratory facility, $42,200,000 for construction of a 
baseball stadium, $186,008,000 from Federal grant funds, and a 
rescission of $212,696,000 from local funds appropriated under this 
heading in prior fiscal years, for a net amount of $1,395,007,000, to 
remain available until expended: Provided further, <<NOTE: Incorpor- 
ation by reference.>> That the amounts provided under this heading are 
to be subject to the provisions of and allocated and expended as 
proposed under ``Title III--District of Columbia Funds Summary of 
Expenses'' of the Fiscal Year 2008 Proposed Budget and Financial Plan 
submitted to the Congress of the United States by the District of 
Columbia on June 7, 2007 as amended on June 29, 2007 and such title is 
hereby incorporated by reference as though set forth fully herein: 
Provided further,

[[Page 121 STAT. 1996]]

That this amount may be increased by proceeds of one-time transactions, 
which are expended for emergency or unanticipated operating or capital 
needs: Provided further, That such increases shall be approved by 
enactment of local District law and shall comply with all reserve 
requirements contained in the District of Columbia Home Rule Act 
approved December 24, 1973 (87 Stat. 777; D.C. Official Code, sec. 1-
201.01 et seq.), as amended by this Act: Provided further, That the 
Chief Financial Officer of the District of Columbia shall take such 
steps as are necessary to assure that the District of Columbia meets 
these requirements, including the apportioning by the Chief Financial 
Officer of the appropriations and funds made available to the District 
during fiscal year 2008, except that the Chief Financial Officer may not 
reprogram for operating expenses any funds derived from bonds, notes, or 
other obligations issued for capital projects.

    This title may be cited as the ``District of Columbia Appropriations 
Act, 2008''.

                                 TITLE V

                          INDEPENDENT AGENCIES

                   Consumer Product Safety Commission


                          Salaries and Expenses


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

                     Election Assistance Commission


                          Salaries and Expenses


                      (including transfer of funds)


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

                        election reform programs

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

[[Page 121 STAT. 1997]]

                     ELECTION DATA COLLECTION GRANTS


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

        Administrative Provision--Election Assistance Commission

    Sec. 501. <<NOTE: Deadlines. 42 USC 15381 note.>> (a) Election Data 
Collection Grants.--Not later than March 30, 2008, the Election 
Assistance Commission (in this section referred to as the 
``Commission'') shall establish an election data collection grant 
program (in this section referred to as the ``program'') to provide a 
grant of $2,000,000 to 5 eligible States to improve the collection of 
data relating to the regularly scheduled general election for Federal 
office held in November 2008. For purposes of this section, the term 
``State'' has the meaning given such term in section 901 of the Help 
America Vote Act of 2002 (42 U.S.C. 15541).

    (b) Eligibility.--A State is eligible to receive a grant under the 
program if it submits to the Commission, at such time and in such form 
as the Commission may require, an application containing the following 
information and assurances:
            (1) A plan for the use of the funds provided by the grant 
        which will expand and improve the collection of the election 
        data described in subsection (a) at the precinct level and will 
        provide for the collection of such data in a common electronic 
        format (as determined by the Commission).
            (2) An assurance that the State will comply with all 
        requests made by the Commission for the compilation and 
        submission of the data.
            (3) An assurance that the State will provide the Commission 
        with such information as the Commission may require to prepare 
        and submit the report described in subsection (d).
            (4) Such other information and assurances as the Commission 
        may require.

    (c) Timing of Grants; Availability.--
            (1) Timing.--The Commission shall award grants under the 
        program to eligible States not later than 60 days after the date 
        on which the Commission establishes the program.
            (2) Availability of funds.--Amounts provided by a grant 
        under the program shall remain available without fiscal year 
        limitation until expended.

    (d) Report to Congress.--
            (1) Report.--Not later than June 30, 2009, the Commission, 
        in consultation with the States receiving grants under the 
        program and the Election Assistance Commission Board of 
        Advisors, shall submit a report to Congress on the impact of the 
        program on the collection of the election data described in 
        subsection (a).
            (2) Recommendations.--The Commission shall include in the 
        report submitted under paragraph (1) such recommendations as the 
        Commission considers appropriate to improve the collection of 
        data relating to regularly scheduled general elections for 
        Federal office in all States, including recommendations for 
        changes in Federal law or regulations and the Commission's 
        estimate of the amount of funding necessary to carry out such 
        changes.

[[Page 121 STAT. 1998]]

                    Federal Communications Commission


                          salaries and expenses


                      (including transfer of funds)


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


      administrative provisions--federal communications commission


    Sec. 510. Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act <<NOTE: 118 Stat. 3997.>> is amended by 
striking ``December 31, 2007'', each place it appears and inserting 
``December 31, 2008''.

    Sec. 511. None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to implement 
the February 27, 2004 recommendations of the Federal-State Joint Board 
on Universal Service regarding single connection or primary line 
restrictions on universal service support payments.

                  Federal Deposit Insurance Corporation


                       Office of Inspector General


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

[[Page 121 STAT. 1999]]

                       Federal Election Commission


                          Salaries and Expenses


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

                    Federal Labor Relations Authority


                          Salaries and Expenses


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

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $243,864,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $139,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall 
be retained and used for necessary expenses in this appropriation: 
Provided further, That, notwithstanding any other provision of law, not 
to exceed $23,000,000 in offsetting collections derived from fees 
sufficient to implement and enforce the Telemarketing Sales Rule, 
promulgated under the Telemarketing and Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this 
account, and be retained and used for necessary expenses in this 
appropriation: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2008, so as to result in a final fiscal year 
2008

[[Page 121 STAT. 2000]]

appropriation from the general fund estimated at not more than 
$81,864,000: Provided further, That none of the funds made available to 
the Federal Trade Commission may be used to implement subsection 
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 
1831t).

                     General Services Administration


                        Real Property Activities


                         Federal Buildings Fund


                 limitations on availability of revenue


    For an additional amount to be deposited in the Federal Buildings 
Fund, $83,964,000. To carry out the purposes of the Fund established 
pursuant to section 210(f) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 592), the revenues and 
collections deposited into the Fund shall be available for necessary 
expenses of real property management and related activities not 
otherwise provided for, including operation, maintenance, and protection 
of federally owned and leased buildings; rental of buildings in the 
District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation, and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings including grounds, approaches 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, and any other obligations for public buildings acquired by 
installment purchase and purchase contract; in the aggregate amount of 
$7,830,414,000, of which: (1)(A) $306,448,000 shall remain available 
until expended for construction (including funds for sites and expenses 
and associated design and construction services) of additional projects 
at the following locations:
            New Construction:
                    California:
                          San Ysidro, Land Port of Entry, $37,742,000.
                    Illinois:
                          Rockford, United States Courthouse, 
                      $58,792,000.
                    Maryland:
                          Montgomery County, Food and Drug 
                      Administration Consolidation, $57,749,000.
                    Minnesota:
                          Warroad, Land Port of Entry, $43,628,000.
                    Missouri:
                          Jefferson City, United States Courthouse, 
                      $66,000,000.
                    Vermont:
                          Derby Line, Land Port of Entry, $33,139,000.
                    Nonprospectus Construction, $9,398,000; and

[[Page 121 STAT. 2001]]

(B) $225,000,000 is designated as described in section 5 (in the matter 
preceding division A of this consolidated Act) and shall remain 
available until expended for construction (including funds for sites and 
expenses and associated design and construction services) of additional 
projects at the following locations:
            Arizona:
                    San Luis, Land Port of Entry I, $7,053,000.
            California:
                    San Ysidro, Land Port of Entry, $161,437,000.
            Maine:
                    Madawaska, Land Port of Entry, $17,160,000.
            New York:
                    Alexandria Bay, Land Port of Entry, $11,676,000.
            Texas:
                    El Paso, Tornillo-Guadalupe, Land Port of Entry, 
                $4,290,000.
                    Donna/Rio Bravo International Bridge, Land Port of 
                Entry, $23,384,000:

Provided, That, notwithstanding any other provision of law, the 
Administrator of General Services is authorized to proceed with 
necessary site acquisition, design, and construction for the new 
courthouse project in Rockford, Illinois, listed in Public Law 109-115 
and for which funds have been appropriated under this or any other Acts, 
with the understanding that the total estimated cost of the project, 
exclusive of any permitted escalations, shall be $100,225,000: Provided 
further, That each of the foregoing limits of costs on new construction 
projects may be exceeded to the extent that savings are affected in 
other such projects, but not to exceed 10 percent of the amounts 
included in an approved prospectus, if required, unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, <<NOTE: Expiration date.>> That all funds for direct 
construction projects shall expire on September 30, 2009 and remain in 
the Federal Buildings Fund except for funds for projects as to which 
funds for design or other funds have been obligated in whole or in part 
prior to such date; (2) $722,161,000 shall remain available until 
expended for repairs and alterations, which includes associated design 
and construction services:
            Repairs and Alterations:
                    District of Columbia:
                          Eisenhower Executive Office Building, Phase 
                      III, $121,204,000.
                          Joint Operations Center, $12,800,000.
                          Nebraska Avenue Complex, $27,673,000.
                    Nevada:
                          Reno, C. Clifton Young Federal Building and 
                      Courthouse, $12,793,000.
                    New York:
                          New York, Thurgood Marshall United States 
                      Courthouse, $170,544,000.
                    West Virginia:
                          Martinsburg Internal Revenue Service 
                      Enterprise Computing Center, $35,822,000.
                    Special Emphasis Programs:
                          Energy Program, $15,000,000.
                    Design Program, $7,372,000.
                    Basic Repairs and Alterations, $318,953,000:

[[Page 121 STAT. 2002]]

Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for 
``Repairs and Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to meet the 
minimum standards for security in accordance with current law and in 
compliance with the reprogramming guidelines of the appropriate 
Committees of the House and Senate: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and Alterations'', 
may be transferred to Basic Repairs and Alterations or used to fund 
authorized increases in prospectus projects: Provided further, That all 
funds for repairs <<NOTE: Expiration date.>> and alterations prospectus 
projects shall expire on September 30, 2009 and remain in the Federal 
Buildings Fund except funds for projects as to which funds for design or 
other funds have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $155,781,000 for installment acquisition payments, 
including payments on purchase contracts which shall remain available 
until expended; (4) $4,315,534,000 for rental of space which shall 
remain available until expended; and (5) $2,105,490,000 for building 
operations which shall remain available until expended, of which up to 
$500,000 may be used as Federal competitive contributions to entities 
which coordinate long-term siting of Federal building and employment in 
the National Capital Region with State and local governments, the 
commercial sector and other major stakeholders in the region: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, has not been approved, except that 
necessary funds may be expended for each project for required expenses 
for the development of a proposed prospectus: Provided further, That 
funds available in the Federal Buildings Fund may be expended for 
emergency repairs when advance approval is obtained from the Committees 
on Appropriations: Provided further, That amounts necessary to provide 
reimbursable special services to other agencies under section 210(f)(6) 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control as may be appropriate to 
enable the United States Secret Service to perform its protective 
functions pursuant to 18 U.S.C. 3056, shall be available from such 
revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
2008,

[[Page 121 STAT. 2003]]

excluding reimbursements under section 210(f)(6) of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess 
of the aggregate new obligational authority authorized for Real Property 
Activities of the Federal Buildings Fund in this Act shall remain in the 
Fund and shall not be available for expenditure except as authorized in 
appropriations Acts.


                           General Activities


                         Government-wide Policy


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


                           Operating Expenses


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


                       Office of Inspector General


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


                       Electronic Government Fund


                      (including transfer of funds)


    For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation of 
innovative uses of the Internet and other electronic methods, 
$3,000,000, to remain available until expended: Provided, That these 
funds may be transferred to Federal agencies to carry out the purposes 
of the Fund: Provided further, That this transfer authority shall be in 
addition to any other transfer <<NOTE: Transfer date. Spending 
plan. Project explanation.>> authority provided in this Act: Provided 
further, That such transfers may not

[[Page 121 STAT. 2004]]

be made until 10 days after a proposed spending plan and explanation for 
each project to be undertaken has been submitted to the Committees on 
Appropriations.


            Allowances and Office Staff for Former Presidents


                      (including transfer of funds)


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


                 Federal Citizen Information Center Fund


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


       Administrative Provisions--General Services Administration


                     (including transfers of funds)


    Sec. 520. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improvement, 
included as part of rentals received from Government corporations 
pursuant to law (40 U.S.C. 129).
    Sec. 521. Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 522. Funds in the Federal Buildings Fund made available for 
fiscal year 2008 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to meet 
program requirements: Provided, That any proposed transfers shall be 
approved in advance by the Committees on Appropriations.
    Sec. 523. Except as otherwise provided in this title, no funds made 
available by this Act shall be used to transmit a fiscal year 2009 
request for United States Courthouse construction that: (1) does not 
meet the design guide standards for construction as established and 
approved by the General Services Administration, the Judicial Conference 
of the United States, and the Office of Management and Budget; and (2) 
does not reflect the priorities of the Judicial Conference of the United 
States as set out in its approved 5-year construction plan: 
Provided, <<NOTE: Study.>> That the fiscal year 2009 request must be 
accompanied by a standardized courtroom utilization study of each 
facility to be constructed, replaced, or expanded.

    Sec. 524. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency

[[Page 121 STAT. 2005]]

that does not pay the rate per square foot assessment for space and 
services as determined by the General Services Administration in 
compliance with the Public Buildings Amendments Act of 1972 (Public Law 
92-313).
    Sec. 525. From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims against 
the Government of less than $250,000 arising from direct construction 
projects and acquisition of buildings may be liquidated from savings 
effected in other construction projects with prior notification to the 
Committees on Appropriations.
    Sec. 526. No funds shall be used by the General Services 
Administration to reorganize its organizational structure without 
approval by the House and Senate Committees on Appropriations through an 
operating plan change.
    Sec. 527. <<NOTE: Contracts. Statement.>> In any case in which the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of the 
Senate adopt a resolution granting lease authority pursuant to a 
prospectus transmitted to Congress by the Administrator of General 
Services under section 3307 of title 40, United States Code, the 
Administrator shall ensure that the delineated area of procurement is 
identical to the delineated area included in the prospectus for all 
lease agreements, except that, if the Administrator determines that the 
delineated area of the procurement should not be identical to the 
delineated area included in the prospectus, the Administrator shall 
provide an explanatory statement to each of such committees and the 
House and Senate Committees on Appropriations prior to exercising any 
lease authority provided in the resolution.

                     Merit Systems Protection Board


                          Salaries and Expenses


                      (including transfer of funds)


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

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


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


                      (including transfer of funds)


    For payment to the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Trust Fund, pursuant to the

[[Page 121 STAT. 2006]]

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


                  Environmental Dispute Resolution Fund


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

              National Archives and Records Administration


                           Operating Expenses


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


                       Electronic Records Archives


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


                         Repairs and Restoration


    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $28,605,000, to remain 
available until expended: Provided, That the Archivist

[[Page 121 STAT. 2007]]

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


         National Historical Publications and Records Commission


                             GRANTS PROGRAM


                      (INCLUDING TRANSFER OF FUNDS)


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


 ADMINISTRATIVE PROVISION--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION


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

                  National Credit Union Administration


                       central liquidity facility


    During fiscal year 2008, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq.,

[[Page 121 STAT. 2008]]

shall not exceed $1,500,000,000: Provided, That administrative expenses 
of the Central Liquidity Facility in fiscal year 2008 shall not exceed 
$329,000.


                community development revolving loan fund


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

                       Office of Government Ethics


                          Salaries and Expenses


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

                     Office of Personnel Management


                          Salaries and Expenses


                   (including transfer of trust funds)


    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
advances for reimbursements to applicable funds of the Office of 
Personnel Management and the Federal Bureau of Investigation for 
expenses incurred under Executive Order No. 10422 of January 9, 1953, as 
amended; and payment of per diem and/or subsistence allowances to 
employees where Voting Rights Act activities require an employee to 
remain overnight at his or her post of duty, $101,765,000, of which 
$5,991,000 shall remain available until expended for the Enterprise 
Human Resources Integration project; $1,351,000 shall remain available 
until expended for the Human Resources Line of Business project; 
$340,000 shall remain available until expended for the E-Payroll 
project; and $170,000 shall remain available until expended for the E-
Training program; and in addition $123,901,000 for administrative 
expenses, to be transferred from the appropriate trust funds of the 
Office of Personnel Management without regard to other statutes, 
including direct procurement of printed materials, for the retirement 
and insurance programs, of which $26,965,000 shall remain available 
until expended for the cost of automating the retirement recordkeeping 
systems: Provided, That the provisions of this appropriation shall not 
affect the authority to use applicable trust funds as provided by 
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States 
Code: Provided further, That no part of this appropriation shall be 
available for salaries and expenses

[[Page 121 STAT. 2009]]

of the Legal Examining Unit of the Office of Personnel Management 
established pursuant to Executive Order No. 9358 of July 1, 1943, or any 
successor unit of like purpose: Provided further, That the President's 
Commission on White House Fellows, established by Executive Order No. 
11183 of October 3, 1964, may, during fiscal year 2008, accept donations 
of money, property, and personal services: Provided further, That such 
donations, including those from prior years, may be used for the 
development of publicity materials to provide information about the 
White House Fellows, except that no such donations shall be accepted for 
travel or reimbursement of travel expenses, or for the salaries of 
employees of such Commission.


                       Office of Inspector General


                          salaries and expenses


                   (including transfer of trust funds)


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


      Government Payment for Annuitants, Employees Health Benefits


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


       Government Payment for Annuitants, Employee Life Insurance


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


         Payment to Civil Service Retirement and Disability Fund


    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the 
Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, <<NOTE: 33 USC 776.>> That annuities authorized by 
the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771-
775), may hereafter be paid out of the Civil Service Retirement and 
Disability Fund.

[[Page 121 STAT. 2010]]

                        Office of Special Counsel


                          Salaries and Expenses


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

                   Securities and Exchange Commission

                          salaries and expenses

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

[[Page 121 STAT. 2011]]

                        Selective Service System


                          Salaries and Expenses


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

                      Small Business Administration

                          salaries and expenses

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


                       office of inspector general


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


                  surety bond guarantees revolving fund


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


                     business loans program account


                     (including transfers of funds)


    For the cost of direct loans, $2,000,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That subject to section 502 of the 
Congressional Budget Act of 1974, during

[[Page 121 STAT. 2012]]

fiscal year 2008 commitments to guarantee loans under section 503 of the 
Small Business Investment Act of 1958 shall not exceed $7,500,000,000: 
Provided further, That during fiscal year 2008 commitments for general 
business loans authorized under section 7(a) of the Small Business Act, 
shall not exceed $17,500,000,000: Provided further, That during fiscal 
year 2008 commitments to guarantee loans for debentures under section 
303(b) of the Small Business Investment Act of 1958, shall not exceed 
$3,000,000,000: Provided further, That during fiscal year 2008, 
guarantees of trust certificates authorized by section 5(g) of the Small 
Business Act shall not exceed a principal amount of $12,000,000,000. In 
addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $135,414,000, which may be transferred to and 
merged with the appropriations for Salaries and Expenses.

        administrative provisions--small business administration


                      (including transfer of funds)


    Sec. 530. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 610 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 531. <<NOTE: Disaster assistance. Alaska. North 
Dakota. Nevada.>> All disaster loans issued in Alaska or North Dakota 
shall be administered by the Small Business Administration and shall not 
be sold during fiscal year 2008.

    Sec. 532. (a) Funds made available under section 613 of Public Law 
109-108 (119 Stat. 2338) for Nevada's Commission on Economic Development 
shall be made available to the Nevada Center for Entrepreneurship and 
Technology (CET).
    (b) <<NOTE: Tennessee.>> Funds made available under section 613 of 
Public Law 109-108 for the Chattanooga Enterprise Center shall be made 
available to the University of Tennessee at Chattanooga.

    Sec. 533. Public Law 110-28 (121 Stat. 155) is amended in the second 
paragraph of chapter 4 of title IV by inserting before ``$25,000,000'' 
the phrase ``up to''.
    Sec. 534. For an additional amount under the heading ``Small 
Business Administration, Salaries and Expenses'', $69,451,000, to remain 
available until September 30, 2009, shall be for initiatives related to 
small business development and entrepreneurship, including programmatic 
and construction activities: Provided, That amounts made available under 
this section shall be provided in accordance with the terms and 
conditions as specified in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).

                      United States Postal Service


                   Payment to the Postal Service Fund


    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $117,864,000,

[[Page 121 STAT. 2013]]

of which $88,864,000 shall not be available for obligation until October 
1, 2008: Provided, <<NOTE: Mail.>> That mail for overseas voting and 
mail for the blind shall continue to be free: Provided further, That 6-
day delivery and rural delivery of mail shall continue at not less than 
the 1983 level: Provided further, That none of the funds made available 
to the Postal Service by this Act shall be used to implement any rule, 
regulation, or policy of charging any officer or employee of any State 
or local child support enforcement agency, or any individual 
participating in a State or local program of child support enforcement, 
a fee for information requested or provided concerning an address of a 
postal customer: Provided further, That none of the funds provided in 
this Act shall be used to consolidate or close small rural and other 
small post offices in fiscal year 2008.

                         United States Tax Court


                          Salaries and Expenses


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

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601. Such sums as may be necessary for fiscal year 2008 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 602. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 603. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 604. <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract 
pursuant to section 3109 of title 5, United States Code, shall be 
limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.

    Sec. 605. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 606. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307).

[[Page 121 STAT. 2014]]

    Sec. 607. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has within 
90 days after his release from such service or from hospitalization 
continuing after discharge for a period of not more than 1 year, made 
application for restoration to his former position and has been 
certified by the Office of Personnel Management as still qualified to 
perform the duties of his former position and has not been restored 
thereto.
    Sec. 608. No funds appropriated pursuant to this Act may be expended 
by an entity unless the entity agrees that in expending the assistance 
the entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
    Sec. 609. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 610. Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2008, or provided from any 
accounts in the Treasury derived by the collection of fees and available 
to the agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that: (1) creates a new 
program; (2) eliminates a program, project, or activity; (3) increases 
funds or personnel for any program, project, or activity for which funds 
have been denied or restricted by the Congress; (4) proposes to use 
funds directed for a specific activity by either the House or Senate 
Committees on Appropriations for a different purpose; (5) augments 
existing programs, projects, or activities in excess of $5,000,000 or 10 
percent, whichever is less; (6) reduces existing programs, projects, or 
activities by $5,000,000 or 10 percent, whichever is less; or (7) 
creates or reorganizes offices, programs, or activities unless prior 
approval is received from the House and Senate Committees on 
Appropriations: Provided, That prior to any significant reorganization 
or restructuring of offices, programs, or activities, each agency or 
entity funded in this Act shall consult with the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, <<NOTE: Deadline. Reports.>> That not later than 60 days after 
the date of enactment of this Act, each agency funded by this Act shall 
submit a report to the Committees on Appropriations of the Senate and of 
the House of Representatives to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year: 
Provided further, That the report shall include: (1) a table for each 
appropriation with a separate column to display the President's budget 
request, adjustments made by Congress, adjustments due to enacted 
rescissions, if appropriate, and the fiscal year enacted level; (2) a 
delineation in the table for each appropriation both by object class and 
program, project, and activity as detailed in the budget appendix for 
the respective appropriation; and (3) an identification of items of 
special congressional interest: Provided further, That the amount 
appropriated or limited for salaries and expenses for an agency shall be 
reduced by $100,000

[[Page 121 STAT. 2015]]

per day for each day after the required date that the report has not 
been submitted to the Congress.

    Sec. 611. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2008 from appropriations made available for salaries and 
expenses for fiscal year 2008 in this Act, shall remain available 
through September 30, 2009, for each such account for the purposes 
authorized: Provided, That a <<NOTE: Request.>> request shall be 
submitted to the Committees on Appropriations for approval prior to the 
expenditure of such funds: Provided further, That these requests shall 
be made in compliance with reprogramming guidelines.

    Sec. 612. None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.

    Sec. 613. The cost accounting standards promulgated under section 26 
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41 
U.S.C. 422) shall not apply with respect to a contract under the Federal 
Employees Health Benefits Program established under chapter 89 of title 
5, United States Code.
    Sec. 614. For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 615. <<NOTE: Abortion.>> No funds appropriated by this Act 
shall be available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the Federal employees 
health benefits program which provides any benefits or coverage for 
abortions.

    Sec. 616. The provision of section 615 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 617. Notwithstanding any other provision of law, for fiscal 
years 2008 and 2009, neither the Board of Governors of the Federal 
Reserve System nor the Secretary of the Treasury may determine, by rule, 
regulation, order, or otherwise, for the purposes of section 4(K) of the 
Bank Holding Company Act of 1956, or section 5136A of the Revised 
Statutes of the United States, that real estate brokerage activity or 
real estate management activity (which for purposes of this paragraph 
shall be defined to mean ``real estate brokerage'' and ``property 
management'' respectively, as those terms were understood by the Federal 
Reserve Board prior to March 11, 2000) is an activity that is financial 
in nature, is incidental to any financial activity, or is complementary 
to a financial activity. For purposes of this paragraph, ``real estate 
brokerage activity'' shall mean ``real estate brokerage'', and ``real 
estate management activity'' shall mean ``property management'' as those 
terms were understood by the Federal Reserve Board prior to March 11, 
2000.

[[Page 121 STAT. 2016]]

    Sec. 618. In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code), that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(12)).
    Sec. 619. Notwithstanding section 10(b) of the Harry S Truman 
Memorial Scholarship Act <<NOTE: 20 USC 2009a.>> (20 U.S.C. 2009(b)), 
hereafter, at the request of the Board of Trustees of the Harry S Truman 
Scholarship Foundation, it shall be the duty of the Secretary of the 
Treasury to invest in full the amounts appropriated and contributed to 
the Harry S Truman Memorial Scholarship Trust Fund, as provided in such 
section. All requests of the Board of Trustees to the Secretary provided 
for in this section shall be binding on the Secretary.

    Sec. 620. Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-Federal 
entity for travel, subsistence, or related expenses for the purpose of 
enabling an officer or employee to attend and participate in any meeting 
or similar function relating to the official duties of the officer or 
employee when the entity offering payment or reimbursement is a person 
or entity subject to regulation by such agency or commission, or 
represents a person or entity subject to regulation by such agency or 
commission, unless the person or entity is an organization exempt from 
taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 
1986.
    Sec. 621. None of the funds made available by this Act may be used 
by the Federal Communications Commission to implement the Fairness 
Doctrine, as repealed in General Fairness Doctrine Obligations of 
Broadcast Licensees (50 Fed. Reg. 35418 (1985)), or any other 
regulations having the same substance.
    Sec. 622. Section 5112 of title 31, United States Code, is amended 
by adding at the end the following new subsection:
    ``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring 
the District of Columbia and Each of the Territories.--
            ``(1) Redesign in 2009.--
                    ``(A) In general.--Notwithstanding the fourth 
                sentence of subsection (d)(1) and subsection (d)(2) and 
                subject to paragraph (6)(B), quarter dollar coins issued 
                during 2009, shall have designs on the reverse side 
                selected in accordance with this subsection which are 
                emblematic of the District of Columbia and the 
                territories.
                    ``(B) Flexibility with regard to placement of 
                inscriptions.--Notwithstanding subsection (d)(1), the 
                Secretary may select a design for quarter dollars issued 
                during 2009 in which--
                          ``(i) the inscription described in the second 
                      sentence of subsection (d)(1) appears on the 
                      reverse side of any such quarter dollars; and
                          ``(ii) any inscription described in the third 
                      sentence of subsection (d)(1) or the designation 
                      of the value of the coin appears on the obverse 
                      side of any such quarter dollars.

[[Page 121 STAT. 2017]]

                    ``(2) Single district or territory design.--The 
                design on the reverse side of each quarter dollar issued 
                during 2009 shall be emblematic of one of the following: 
                The District of Columbia, the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the United States Virgin 
                Islands, and the Commonwealth of the Northern Mariana 
                Islands.
                    ``(3) Selection of design.--
                          ``(A) In general.--Each of the 6 designs 
                      required under this subsection for quarter dollars 
                      shall be--
                                    ``(i) selected by the Secretary 
                                after consultation with--
                                            ``(I) the chief executive of 
                                        the District of Columbia or the 
                                        territory being honored, or such 
                                        other officials or group as the 
                                        chief executive officer of the 
                                        District of Columbia or the 
                                        territory may designate for such 
                                        purpose; and
                                            ``(II) the Commission of 
                                        Fine Arts; and
                                            ``(ii) reviewed by the 
                                        Citizens Coinage Advisory 
                                        Committee.
                          ``(B) Selection and approval process.--Designs 
                      for quarter dollars may be submitted in accordance 
                      with the design selection and approval process 
                      developed by the Secretary in the sole discretion 
                      of the Secretary.
                          ``(C) Participation.--The Secretary may 
                      include participation by District or territorial 
                      officials, artists from the District of Columbia 
                      or the territory, engravers of the United States 
                      Mint, and members of the general public.
                          ``(D) Standards.--Because it is important that 
                      the Nation's coinage and currency bear dignified 
                      designs of which the citizens of the United States 
                      can be proud, the Secretary shall not select any 
                      frivolous or inappropriate design for any quarter 
                      dollar minted under this subsection.
                          ``(E) Prohibition on certain 
                      representations.--No head and shoulders portrait 
                      or bust of any person, living or dead, and no 
                      portrait of a living person may be included in the 
                      design of any quarter dollar under this 
                      subsection.
            ``(4) Treatment as numismatic items.--For purposes of 
        sections 5134 and 5136, all coins minted under this subsection 
        shall be considered to be numismatic items.
            ``(5) Issuance.--
                    ``(A) Quality of coins.--The Secretary may mint and 
                issue such number of quarter dollars of each design 
                selected under paragraph (4) in uncirculated and proof 
                qualities as the Secretary determines to be appropriate.
                    ``(B) Silver coins.--Notwithstanding subsection (b), 
                the Secretary may mint and issue such number of quarter 
                dollars of each design selected under paragraph (4) as 
                the Secretary determines to be appropriate, with a 
                content of 90 percent silver and 10 percent copper.
                    ``(C) Timing and order of issuance.--Coins minted 
                under this subsection honoring the District of Columbia

[[Page 121 STAT. 2018]]

                and each of the territories shall be issued in equal 
                sequential intervals during 2009 in the following order: 
                the District of Columbia, the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the United States Virgin 
                Islands, and the Commonwealth of the Northern Mariana 
                Islands.
            ``(6) Other provisions.--
                    ``(A) Application in event of admission as a 
                state.--If the District of Columbia or any territory 
                becomes a State before the end of the 10-year period 
                referred to in subsection (l)(1), subsection (l)(7) 
                shall apply, and this subsection shall not apply, with 
                respect to such State.
                    ``(B) Application in event of independence.--If any 
                territory becomes independent or otherwise ceases to be 
                a territory or possession of the United States before 
                quarter dollars bearing designs which are emblematic of 
                such territory are minted pursuant to this subsection, 
                this subsection shall cease to apply with respect to 
                such territory.
            ``(7) Territory defined.--For purposes of this subsection, 
        the term `territory' means the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.''.

    Sec. 623. (a) In General.--Section 5112(n)(2) of title 31, United 
States Code, is amended--
            (1) in subparagraph (C)(i)--
                    (A) by striking ``inscriptions'' and inserting 
                ``inscription''; and
                    (B) by striking ``and `In God We Trust' ''; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) Inscription of `in god we trust'.--The design 
                on the obverse or the reverse shall bear the inscription 
                `In God We Trust'.''.

    (b) Conforming Amendment.--Section 5112(r)(2) of title 31, United 
States Code, is amended--
            (1) in subparagraph (C)(i)--
                    (A) by striking ``inscriptions'' and inserting 
                ``inscription''; and
                    (B) by striking ``and `In God We Trust' ''; and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Inscription of `in god we trust'.--The design 
                on the obverse or the reverse shall bear the inscription 
                `In God We Trust'.''.

    (c) Effective <<NOTE: 31 USC 5112 note.>> Date.--The change required 
by the amendments made by subsections (a) and (b) shall be put into 
effect by the Secretary of the Treasury as soon as is practicable after 
the date of enactment of this Act.

    Sec. 624. There is hereby appropriated $600,000, to remain available 
until expended, for the Christopher Columbus Fellowship Foundation, 
established by Section 423 of Public Law 102-281.

[[Page 121 STAT. 2019]]

                                TITLE VII

                   GENERAL PROVISIONS--GOVERNMENT-WIDE

                 Departments, Agencies, and Corporations

    Sec. 701. <<NOTE: 5 USC 5742 note.>> Hereafter, funds appropriated 
in this or any other Act may be used to pay travel to the United States 
for the immediate family of employees serving abroad in cases of death 
or life threatening illness of said employee.

    Sec. 702. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2008 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 703. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically 
provided, the maximum amount allowable during the current fiscal year in 
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), 
for the purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $12,888 except station wagons for which the maximum 
shall be $13,312: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set forth 
in this section may not be exceeded by more than 5 percent for electric 
or hybrid vehicles purchased for demonstration under the provisions of 
the Electric and Hybrid Vehicle Research, Development, and Demonstration 
Act of 1976: Provided further, That the limits set forth in this section 
may be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101-549 over the cost of 
comparable conventionally fueled vehicles.

    Sec. 704. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 705. <<NOTE: 5 USC 5101 note.>> Unless otherwise specified 
during the current fiscal year, no part of any appropriation contained 
in this or any other Act shall be used to pay the compensation of any 
officer or employee of the Government of the United States (including 
any agency the majority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the continental United 
States unless such person: (1) is a citizen of the United States; (2) is 
a person in the service of the United States on the date of the 
enactment of this Act who, being eligible for citizenship, has filed a 
declaration of intention to become a citizen of the United States prior 
to such date and is actually residing in the United States; (3) is a 
person who owes allegiance to the United States; (4) is an alien from 
Cuba, Poland, South Vietnam, the countries of the former Soviet Union, 
or the Baltic countries lawfully admitted to the United States for 
permanent residence;

[[Page 121 STAT. 2020]]

(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the 
United States after January 1, 1975; or (6) is a national of the 
People's Republic of China who qualifies for adjustment of status 
pursuant to the Chinese Student Protection Act of 1992 (Public Law 102-
404): Provided, <<NOTE: Affidavit.>> That for the purpose of this 
section, an affidavit signed by any such person shall be considered 
prima facie evidence that the requirements of this section with respect 
to his or her status have been complied <<NOTE: Penalties.>> with: 
Provided further, That any person making a false affidavit shall be 
guilty of a felony, and, upon conviction, shall be fined no more than 
$4,000 or imprisoned for not more than 1 year, or both: Provided 
further, That the above penal clause shall be in addition to, and not in 
substitution for, any other provisions of existing law: Provided 
further, That any payment made to any officer or employee contrary to 
the provisions of this section shall be recoverable in action by the 
Federal Government. This section shall not apply to citizens of Ireland, 
Israel, or the Republic of the Philippines, or to nationals of those 
countries allied with the United States in a current defense effort, or 
to international broadcasters employed by the Broadcasting Board of 
Governors, or to temporary employment of translators, or to temporary 
employment in the field service (not to exceed 60 days) as a result of 
emergencies.

    Sec. 706. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 707. In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13101 
        (September 14, 1998), including any such programs adopted prior 
        to the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.

    Sec. 708. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the expenditure 
of such funds unless otherwise specified in the Act by which they are 
made available: Provided, That in the

[[Page 121 STAT. 2021]]

event any functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 709. <<NOTE: 5 USC note prec. 5501.>> Hereafter, no part of any 
appropriation contained in this or any other Act shall be paid to any 
person for the filling of any position for which he or she has been 
nominated after the Senate has voted not to approve the nomination of 
said person.

    Sec. 710. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards (except 
Federal Executive Boards), commissions, councils, committees, or similar 
groups (whether or not they are interagency entities) which do not have 
a prior and specific statutory approval to receive financial support 
from more than one agency or instrumentality.
    Sec. 711. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a joint 
resolution duly adopted in accordance with the applicable law of the 
United States.
    Sec. 712. <<NOTE: 5 USC 5343 note.>> (a) Notwithstanding any other 
provision of law, and except as otherwise provided in this section, no 
part of any of the funds appropriated for fiscal year 2008, by this or 
any other Act, may be used to pay any prevailing rate employee described 
in section 5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous fiscal 
        years until the normal effective date of the applicable wage 
        survey adjustment that is to take effect in fiscal year 2008, in 
        an amount that exceeds the rate payable for the applicable grade 
        and step of the applicable wage schedule in accordance with such 
        section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2008, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2008 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2008 under section 5304 of 
                such title (whether by adjustment or otherwise), and the 
                overall average percentage of such payments which was 
                effective in the previous fiscal year under such 
                section.

    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) <<NOTE: Regulations.>> For the purposes of this section, the 
rates payable to an employee who is covered by this section and who is 
paid from a schedule not in existence on September 30, 2007, shall be 
determined under regulations prescribed by the Office of Personnel 
Management.

[[Page 121 STAT. 2022]]

    (d) Notwithstanding any other provision of law, rates of premium pay 
for employees subject to this section may not be changed from the rates 
in effect on September 30, 2007, except to the extent determined by the 
Office of Personnel Management to be consistent with the purpose of this 
section.
    (e) <<NOTE: Applicability.>> This section shall apply with respect 
to pay for service performed after September 30, 2007.

    (f) For the purpose of administering any provision of law (including 
any rule or regulation that provides premium pay, retirement, life 
insurance, or any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the basis 
of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this section shall be treated as the 
rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or require 
the payment to any employee covered by this section at a rate in excess 
of the rate that would be payable were this section not in effect.
    (h) The Office of Personnel Management may provide for exceptions to 
the limitations imposed by this section if the Office determines that 
such exceptions are necessary to ensure the recruitment or retention of 
qualified employees.
    Sec. 713. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Federal 
Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 to 
furnish or redecorate the office of such department head, agency head, 
officer, or employee, or to purchase furniture or make improvements for 
any such office, unless advance notice of such furnishing or 
redecoration is expressly approved by the Committees on Appropriations. 
For the purposes of this section, the term ``office'' shall include the 
entire suite of offices assigned to the individual, as well as any other 
space used primarily by the individual or the use of which is directly 
controlled by the individual.
    Sec. 714. Notwithstanding section 1346 of title 31, United States 
Code, or section 710 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 715. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 3302 
of title 5, United States Code, without a certification to the Office of 
Personnel Management from the head of the Federal department, agency, or 
other instrumentality employing the Schedule C appointee that the 
Schedule C position was not created solely or primarily in order to 
detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;

[[Page 121 STAT. 2023]]

            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (7) the Director of National Intelligence or the Office of 
        the Director of National Intelligence.

    Sec. 716. <<NOTE: 5 USC 7201 note.>> Hereafter, no department, 
agency, or instrumentality of the United States receiving appropriated 
funds under this or any other Act shall obligate or expend any such 
funds, unless such department, agency, or instrumentality has in place, 
and will continue to administer in good faith, a written policy designed 
to ensure that all of its workplaces are free from discrimination and 
sexual harassment and that all of its workplaces are not in violation of 
title VII of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 
241), the Age Discrimination in Employment Act of 1967 (Public Law 90-
202, 81 Stat. 602), and the Rehabilitation Act of 1973 (Public Law 93-
112, 87 Stat. 355).

    Sec. 717. No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance or 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit any of 
        the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 718. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;

[[Page 121 STAT. 2024]]

            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 719. No funds appropriated in this or any other Act may be used 
to implement or enforce the agreements in Standard Forms 312 and 4414 of 
the Government or any other nondisclosure policy, form, or agreement if 
such policy, form, or agreement does not contain the following 
provisions: ``These restrictions are consistent with and do not 
supersede, conflict with, or otherwise alter the employee obligations, 
rights, or liabilities created by Executive Order No. 12958; section 
7211 of title 5, United States Code (governing disclosures to Congress); 
section 1034 of title 10, United States Code, as amended by the Military 
Whistleblower Protection Act (governing disclosure to Congress by 
members of the military); section 2302(b)(8) of title 5, United States 
Code, as amended by the Whistleblower Protection Act (governing 
disclosures of illegality, waste, fraud, abuse or public health or 
safety threats); the Intelligence Identities Protection Act of 1982 (50 
U.S.C. 421 et seq.) (governing disclosures that could expose 
confidential Government agents); and the statutes which protect against 
disclosure that may compromise the national security, including sections 
641, 793, 794, 798, and 952 of title 18, United States Code, and section 
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
definitions, requirements, obligations, rights, sanctions, and 
liabilities created by said Executive order and listed statutes are 
incorporated into this agreement and are controlling.'': Provided, That 
notwithstanding the preceding paragraph, a nondisclosure policy form or 
agreement that is to be executed by a person connected with the conduct 
of an intelligence or intelligence-related activity, other than an 
employee or officer of the United States Government, may contain 
provisions appropriate to the particular activity for which such 
document is to be used. Such form or agreement shall, at a minimum, 
require that the person will not disclose any classified information 
received in the course of such activity unless specifically authorized 
to do so by the United States Government. Such nondisclosure forms shall 
also make it clear that they do not bar disclosures to Congress, or to 
an authorized official of an executive agency or the Department of 
Justice, that are essential to reporting a substantial violation of law.
    Sec. 720. No part of any funds appropriated in this or any other Act 
shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for publicity 
or propaganda purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio,

[[Page 121 STAT. 2025]]

television, or film presentation designed to support or defeat 
legislation pending before the Congress, except in presentation to the 
Congress itself.
    Sec. 721. None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address to 
any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 722. None of the funds made available in this Act or any other 
Act may be used to provide any non-public information such as mailing or 
telephone lists to any person or any organization outside of the Federal 
Government without the approval of the Committees on Appropriations.
    Sec. 723. No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofor authorized by the Congress.
    Sec. 724. (a) In this section, the term ``agency''--
            (1) means an Executive agency, as defined under section 105 
        of title 5, United States Code;
            (2) includes a military department, as defined under section 
        102 of such title, the Postal Service, and the Postal Regulatory 
        Commission; and
            (3) shall not include the Government Accountability Office.

    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 725. Notwithstanding 31 U.S.C. 1346 and section 710 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.
    Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the President's Management Council for overall management 
improvement initiatives, the Chief Financial Officers Council for 
financial management initiatives, the Chief Information Officers Council 
for information technology initiatives, the Chief Human Capital Officers 
Council for human capital initiatives, and the Chief Acquisition 
Officers Council for procurement initiatives): Provided further, That

[[Page 121 STAT. 2026]]

the total funds transferred or reimbursed shall not exceed $10,000,000: 
Provided further, <<NOTE: Transfer date. Notification.>> That such 
transfers or reimbursements may only be made after 15 days following 
notification of the Committees on Appropriations by the Director of the 
Office of Management and Budget.

    Sec. 727. Notwithstanding any other provision of law, a woman may 
breastfeed her child at any location in a Federal building or on Federal 
property, if the woman and her child are otherwise authorized to be 
present at the location.
    Sec. 728. Notwithstanding section 1346 of title 31, United States 
Code, or section 710 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: 
Provided, <<NOTE: Reports. Deadline.>> That the Office of Management and 
Budget shall provide a report describing the budget of and resources 
connected with the National Science and Technology Council to the 
Committees on Appropriations, the House Committee on Science, and the 
Senate Committee on Commerce, Science, and Transportation 90 days after 
enactment of this Act.

    Sec. 729. Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: Provided, That this provision 
shall apply to direct payments, formula funds, and grants received by a 
State receiving Federal funds.
    Sec. 730. Section 403(f) of the Government Management Reform Act of 
1994 (31 U.S.C. 501 note; Public Law 103-356) is amended to read as 
follows:
    ``(f) Termination of Certain Authority.--The authority of the 
Secretary of Homeland Security to carry out a pilot program under this 
section shall terminate on October 1, 2008.''.
    Sec. 731. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or

[[Page 121 STAT. 2027]]

            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the provider 
        of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety and 
        soundness, overall financial condition, management practices and 
        policies and compliance with applicable standards as provided in 
        law.

    Sec. 732. <<NOTE: Contracts. Contraceptives.>> (a) None of the funds 
appropriated by this Act may be used to enter into or renew a contract 
which includes a provision providing prescription drug coverage, except 
where the contract also includes a provision for contraceptive coverage.

    (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan 
        objects to such coverage on the basis of religious beliefs.

    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) <<NOTE: Abortion.>> Nothing in this section shall be construed 
to require coverage of abortion or abortion-related services.

    Sec. 733. <<NOTE: Sports. Drugs and drug abuse.>> The Congress of 
the United States recognizes the United States Anti-Doping Agency 
(USADA) as the official anti-doping agency for Olympic, Pan American, 
and Paralympic sport in the United States.

    Sec. 734. Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies may 
be used by such departments and agencies, if consistent with Office of 
Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 735. Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel Management 
to add sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the detail of 
executive branch employees to the legislative branch).
    Sec. 736. Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations, except 
that the Federal Law Enforcement Training Center

[[Page 121 STAT. 2028]]

is authorized to obtain the temporary use of additional facilities by 
lease, contract, or other agreement for training which cannot be 
accommodated in existing Center facilities.
    Sec. 737. <<NOTE: Reports. Justification materials. 44 USC 3601 
note.>> (a) For fiscal year 2008, no funds shall be available for 
transfers or reimbursements to the E-Government initiatives sponsored by 
the Office of Management and Budget prior to 15 days following 
submission of a report to the Committees on Appropriations by the 
Director of the Office of Management and Budget and receipt of approval 
to transfer funds by the House and Senate Committees on Appropriations.

    (b) Hereafter, any funding request for a new or ongoing E-Government 
initiative by any agency or agencies managing the development of an 
initiative shall include in justification materials submitted to the 
House and Senate Committees on Appropriations the information in 
subsection (d).
    (c) Hereafter, any funding request by any agency or agencies 
participating in the development of an E-Government initiative and 
contributing funding for the initiative shall include in justification 
materials submitted to the House and Senate Committees on 
Appropriations--
            (1) the amount of funding contributed to each initiative by 
        program office, bureau, or activity, as appropriate; and
            (2) the relevance of that use to that department or agency 
        and each bureau or office within, which is contributing funds.

    (d) The report in (a) and justification materials in (b) shall 
include at a minimum--
            (1) a description of each initiative including but not 
        limited to its objectives, benefits, development status, risks, 
        cost effectiveness (including estimated net costs or savings to 
        the government), and the estimated date of full operational 
        capability;
            (2) the total development cost of each initiative by fiscal 
        year including costs to date, the estimated costs to complete 
        its development to full operational capability, and estimated 
        annual operations and maintenance costs; and
            (3) the sources and distribution of funding by fiscal year 
        and by agency and bureau for each initiative including agency 
        contributions to date and estimated future contributions by 
        agency.

    (e) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the House 
and Senate Committees on Appropriations.
    Sec. 738. Notwithstanding section 1346 of title 31, United States 
Code, and section 710 of this Act and any other provision of law, the 
head of each appropriate executive department and agency shall transfer 
to or reimburse the Federal Aviation Administration, upon the direction 
of the Director of the Office of Management and Budget, funds made 
available by this or any other Act for the purposes described below, and 
shall submit budget requests for such purposes. These funds shall be 
administered by the Federal Aviation Administration, in consultation 
with the appropriate interagency groups designated by the Director and 
shall be used to ensure the uninterrupted, continuous operation of the 
Midway Atoll Airfield by the Federal Aviation Administration pursuant to 
an operational agreement with the Department of the Interior for the 
entirety of fiscal year 2008 and any period thereafter that precedes the 
enactment of the Financial Services and General

[[Page 121 STAT. 2029]]

Government Appropriations Act, 2009. The Director of the Office of 
Management and Budget shall mandate the necessary transfers after 
determining an equitable allocation between the appropriate executive 
departments and agencies of the responsibility for funding the 
continuous operation of the Midway Atoll Airfield based on, but not 
limited to, potential use, interest in maintaining aviation safety, and 
applicability to governmental operations and agency mission. The total 
funds transferred or reimbursed shall not exceed $6,000,000 for any 
twelve-month period. Such sums shall be sufficient to ensure continued 
operation of the airfield throughout the period cited above. Funds shall 
be available for operation of the airfield or airfield-related capital 
upgrades. <<NOTE: Notification. Deadlines.>> The Director of the Office 
of Management and Budget shall notify the Committees on Appropriations 
of such transfers or reimbursements within 15 days of this Act. Such 
transfers or reimbursements shall begin within 30 days of enactment of 
this Act.

    Sec. 739. <<NOTE: 31 USC 501 note.>> (a) Requirement for Public-
Private Competition.--
            (1) Notwithstanding any other provision of law, none of the 
        funds appropriated by this or any other Act shall be available 
        to convert to contractor performance an activity or function of 
        an executive agency that, on or after the date of enactment of 
        this Act, is performed by more than 10 Federal employees 
        unless--
                    (A) the conversion is based on the result of a 
                public-private competition that includes a most 
                efficient and cost effective organization plan developed 
                by such activity or function;
                    (B) the Competitive Sourcing Official determines 
                that, over all performance periods stated in the 
                solicitation of offers for performance of the activity 
                or function, the cost of performance of the activity or 
                function by a contractor would be less costly to the 
                executive agency by an amount that equals or exceeds the 
                lesser of--
                          (i) 10 percent of the most efficient 
                      organization's personnel-related costs for 
                      performance of that activity or function by 
                      Federal employees; or
                          (ii) $10,000,000; and
                    (C) the contractor does not receive an advantage for 
                a proposal that would reduce costs for the Federal 
                Government by--
                          (i) not making an employer-sponsored health 
                      insurance plan available to the workers who are to 
                      be employed in the performance of that activity or 
                      function under the contract;
                          (ii) offering to such workers an employer-
                      sponsored health benefits plan that requires the 
                      employer to contribute less towards the premium or 
                      subscription share than the amount that is paid by 
                      the Federal Government for health benefits for 
                      civilian employees under chapter 89 of title 5, 
                      United States Code; or
                          (iii) offering to such workers a retirement 
                      benefit that in any year costs less than the 
                      annual retirement cost factor applicable to 
                      Federal employees under chapter 84 of title 5, 
                      United States Code.
            (2) This paragraph shall not apply to--
                    (A) the Department of Defense;

[[Page 121 STAT. 2030]]

                    (B) section 44920 of title 49, United States Code;
                    (C) a commercial or industrial type function that--
                          (i) is included on the procurement list 
                      established pursuant to section 2 of the Javits-
                      Wagner-O'Day Act (41 U.S.C. 47); or
                          (ii) is planned to be converted to performance 
                      by a qualified nonprofit agency for the blind or 
                      by a qualified nonprofit agency for other severely 
                      handicapped individuals in accordance with that 
                      Act;
                    (D) depot contracts or contracts for depot 
                maintenance as provided in sections 2469 and 2474 of 
                title 10, United States Code; or
                    (E) activities that are the subject of an ongoing 
                competition that was publicly announced prior to the 
                date of enactment of this Act.

    (b) Use of Public-Private Competition.--Nothing in Office of 
Management and Budget Circular A-76 shall prevent the head of an 
executive agency from conducting a public-private competition to 
evaluate the benefits of converting work from contract performance to 
performance by Federal employees in appropriate instances. The Circular 
shall provide procedures and policies for these competitions that are 
similar to those applied to competitions that may result in the 
conversion of work from performance by Federal employees to performance 
by a contractor.
    (c) Bid Protests by Federal Employees in Actions Under Office of 
Management and Budget Circular A-76.--
            (1) Eligibility to protest.--
                    (A) Section 3551(2) of title 31, United States Code, 
                is amended to read as follows:
            ``(2) The term `interested party'--
                    ``(A) with respect to a contract or a solicitation 
                or other request for offers described in paragraph (1), 
                means an actual or prospective bidder or offeror whose 
                direct economic interest would be affected by the award 
                of the contract or by failure to award the contract; and
                    ``(B) with respect to a public-private competition 
                conducted under Office of Management and Budget Circular 
                A-76 regarding performance of an activity or function of 
                a Federal agency, or a decision to convert a function 
                performed by Federal employees to private sector 
                performance without a competition under OMB Circular A-
                76, includes--
                          ``(i) any official who submitted the agency 
                      tender in such competition; and
                          ``(ii) any one person who, for the purpose of 
                      representing them in a protest under this 
                      subchapter that relates to such competition, has 
                      been designated as their agent by a majority of 
                      the employees of such Federal agency who are 
                      engaged in the performance of such activity or 
                      function.''.
                    (B)(i) Subchapter V of chapter 35 of such title is 
                amended by adding at the end the following new section:

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

    ``For protests in cases of public-private competitions conducted 
under Office of Management and Budget Circular A-76 regarding

[[Page 121 STAT. 2031]]

performance of an activity or function of Federal agencies, the 
Comptroller General shall administer the provisions of this subchapter 
in a manner best suited for expediting final resolution of such protests 
and final action in such competitions.''.
                    (ii) The chapter analysis at the beginning of such 
                chapter is amended by inserting after the item relating 
                to section 3556 the following new item:

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

            (2) Right to intervene in civil action.--Section 1491(b) of 
        title 28, United States Code, is amended by adding at the end 
        the following new paragraph:

    ``(5) If a private sector interested party commences an action 
described in paragraph (1) in the case of a public-private competition 
conducted under Office of Management and Budget Circular A-76 regarding 
performance of an activity or function of a Federal agency, or a 
decision to convert a function performed by Federal employees to private 
sector performance without a competition under Office of Management and 
Budget Circular A-76, then an official or person described in section 
3551(2)(B) of title 31 shall be entitled to intervene in that action.''.
            (3) Applicability.--Subparagraph (B) of section 3551(2) of 
        title 31, United States Code (as added by paragraph (1)), and 
        paragraph (5) of section 1491(b) of title 28, United States Code 
        (as added by paragraph (2)), shall apply to--
                    (A) protests and civil actions that challenge final 
                selections of sources of performance of an activity or 
                function of a Federal agency that are made pursuant to 
                studies initiated under Office of Management and Budget 
                Circular A-76 on or after January 1, 2004; and
                    (B) any other protests and civil actions that relate 
                to public-private competitions initiated under Office of 
                Management and Budget Circular A-76, or a decision to 
                convert a function performed by Federal employees to 
                private sector performance without a competition under 
                Office of Management and Budget Circular A-76, on or 
                after the date of the enactment of this Act.

    (d) Limitation.--(1) None of the funds available in this Act may be 
used--
            (A) by the Office of Management and Budget to direct or 
        require another agency to take an action specified in paragraph 
        (2); or
            (B) by an agency to take an action specified in paragraph 
        (2) as a result of direction or requirement from the Office of 
        Management and Budget.

    (2) An action specified in this paragraph is the preparation for, 
undertaking, continuation of, or completion of a public-private 
competition or direct conversion under Office of Management and Budget 
Circular A-76 or any other administrative regulation, directive, or 
policy.
    (e) Applicability.--This section shall apply with respect to fiscal 
year 2008 and each succeeding fiscal year.
    Sec. 740. <<NOTE: Pay increase. Applicability. Effective date. 5 USC 
5303 note.>> (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 2008 
under sections 5303 and 5304 of title 5, United States Code, shall be an 
increase of 3.5 percent, and this adjustment shall apply to civilian 
employees in the Department of Homeland Security

[[Page 121 STAT. 2032]]

and shall apply to civilian employees in the Department of Defense who 
are represented by a labor organization as defined in 5 U.S.C. 
7103(a)(4), and such adjustments shall be effective as of the first day 
of the first applicable pay period beginning on or after January 1, 
2008. Civilian employees in the Department of Defense who are eligible 
to be represented by a labor organization as defined in 5 U.S.C. 
7103(a)(4), but are not so represented, will receive the adjustment 
provided for in this section unless the positions are entitled to a pay 
adjustment under 5 U.S.C. 9902.

    (b) Notwithstanding section 712 of this Act, the adjustment in rates 
of basic pay for the statutory pay systems that take place in fiscal 
year 2008 under sections 5344 and 5348 of title 5, United States Code, 
shall be no less than the percentage in paragraph (a) as employees in 
the same location whose rates of basic pay are adjusted pursuant to the 
statutory pay systems under section 5303 and 5304 of title 5, United 
States Code. Prevailing rate employees at locations where there are no 
employees whose pay is increased pursuant to sections 5303 and 5304 of 
title 5 and prevailing rate employees described in section 5343(a)(5) of 
title 5 shall be considered to be located in the pay locality designated 
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of 
this paragraph.
    (c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or agency 
for salaries and expenses for fiscal year 2008.
    Sec. 741. Unless otherwise authorized by existing law, none of the 
funds provided in this Act or any other Act may be used by an executive 
branch agency to produce any prepackaged news story intended for 
broadcast or distribution in the United States, unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.
    Sec. 742. (a) None of the funds made available in this Act may be 
used in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act) and regulations implementing that 
section.
    (b) Section 522 of division H of the Consolidated Appropriations 
Act, 2005 (Public Law 108-447; 118 Stat. 3268; <<NOTE: 42 USC 2000e-
2.>> 5 U.S.C. 552a note) is amended by striking subsection (d) and 
inserting the following:

    ``(d) Inspector <<NOTE: Reports.>> General Review.--The Inspector 
General of each agency shall periodically conduct a review of the 
agency's implementation of this section and shall report the results of 
its review to the Committees on Appropriations of the House of 
Representatives and the Senate, the House Committee on Oversight and 
Government Reform, and the Senate Committee on Homeland Security and 
Governmental Affairs. The report required by this review may be 
incorporated into a related report to Congress otherwise required by law 
including, but not limited to, 44 U.S.C. 3545, the Federal Information 
Security Management Act of 2002. The Inspector General may contract with 
an independent, third party organization to conduct the review.''.

    Sec. 743. <<NOTE: 5 USC 5701 note.>> Each executive department and 
agency shall evaluate the creditworthiness of an individual before 
issuing the individual a government travel charge card. Such evaluations 
for individually-billed travel charge cards shall include an assessment 
of the individual's consumer report from a consumer reporting agency as 
those

[[Page 121 STAT. 2033]]

terms are defined in section 603 of the Fair Credit Reporting Act 
(Public Law 91-508): Provided, That section 604(a)(3) of such 
Act <<NOTE: 15 USC 1681b.>> shall be amended by adding to the end the 
following:
                    ``(G) executive departments and agencies in 
                connection with the issuance of government-sponsored 
                individually-billed travel charge cards.'':

Provided further, That the department or agency may not issue a 
government travel charge card to an individual that either lacks a 
credit history or is found to have an unsatisfactory credit history as a 
result of this evaluation: Provided further, That this restriction shall 
not preclude issuance of a restricted-use charge, debit, or stored value 
card made in accordance with agency procedures to: (1) an individual 
with an unsatisfactory credit history where such card is used to pay 
travel expenses and the agency determines there is no suitable 
alternative payment mechanism available before issuing the card; or (2) 
an individual who lacks a credit history. Each executive department and 
agency shall establish guidelines and procedures for disciplinary 
actions to be taken against agency personnel for improper, fraudulent, 
or abusive use of government charge cards, which shall include 
appropriate disciplinary actions for use of charge cards for purposes, 
and at establishments, that are inconsistent with the official business 
of the Department or agency or with applicable standards of conduct.
    Sec. 744. Crosscut Budget. (a) Definitions.--For purposes of this 
section the following definitions apply:
            (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
        Lakes State'' have the same meanings as such terms have in 
        section 506 of the Water Resources Development Act of 2000 (42 
        U.S.C. 1962d-22).
            (2) Great lakes restoration activities.--The term ``Great 
        Lakes restoration activities'' means any Federal or State 
        activity primarily or entirely within the Great Lakes watershed 
        that seeks to improve the overall health of the Great Lakes 
        ecosystem.

    (b) Report.--Not later than 30 days after submission of the budget 
of the President to Congress, the Director of the Office of Management 
and Budget, in coordination with the Governor of each Great Lakes State 
and the Great Lakes Interagency Task Force, shall submit to the 
appropriate authorizing and appropriating committees of the Senate and 
the House of Representatives a financial report, certified by the 
Secretary of each agency that has budget authority for Great Lakes 
restoration activities, containing--
            (1) an interagency budget crosscut report that--
                    (A) displays the budget proposed, including any 
                planned interagency or intra-agency transfer, for each 
                of the Federal agencies that carries out Great Lakes 
                restoration activities in the upcoming fiscal year, 
                separately reporting the amount of funding to be 
                provided under existing laws pertaining to the Great 
                Lakes ecosystem; and
                    (B) identifies all expenditures since fiscal year 
                2004 by the Federal Government and State governments for 
                Great Lakes restoration activities;
            (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies and, to the extent available, 
        State

[[Page 121 STAT. 2034]]

        agencies using Federal funds, for Great Lakes restoration 
        activities during the current and previous fiscal years;
            (3) a budget for the proposed projects (including a 
        description of the project, authorization level, and project 
        status) to be carried out in the upcoming fiscal year with the 
        Federal portion of funds for activities; and
            (4) a listing of all projects to be undertaken in the 
        upcoming fiscal year with the Federal portion of funds for 
        activities.

    Sec. 745. (a) In General.--None of the funds appropriated or 
otherwise made available by this or any other Act may be used for any 
Federal Government contract with any foreign incorporated entity which 
is treated as an inverted domestic corporation under section 835(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of 
such an entity.
    (b) Waivers.--
            (1) In general.--Any Secretary shall waive subsection (a) 
        with respect to any Federal Government contract under the 
        authority of such Secretary if the Secretary determines that the 
        waiver is required in the interest of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.

    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 746. <<NOTE: Website. 5 USC app. 6 note.>> (a) Each executive 
department and agency shall establish and maintain on the homepage of 
its website, an obvious, direct link to the website of its respective 
Inspector General.

    (b) Each Office of Inspector General shall: (1) post on its website 
any public report or audit or portion of any report or audit issued 
within one day of its release; (2) provide a service on its website to 
allow an individual to request automatic receipt of information relating 
to any public report or audit or portion of that report or audit and 
which permits electronic transmittal of the information, or notice of 
the availability of the information without further request; and (3) 
establish and maintain a direct link on its website for individuals to 
anonymously report waste, fraud and abuse.
    Sec. 747. (a) None of the funds available under this or any other 
Act may be used to carry out a public-private competition or direct 
conversion under Office of Management and Budget (OMB) Circular A-76, or 
any successor regulation, directive or policy, relating to the Human 
Resources Lines of Business initiative until 60 days after the Director 
of the Office of Management and Budget submits to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the use of public-private competitions and direct conversion to 
contractor performance as part of the Human Resources Lines of Business 
initiative.
    (b) The report required by this section shall address the following:
            (1) The role, if any, that public-private competitions under 
        Circular A-76 or direct conversions to contractor performance 
        are expected to play as part of the Human Resources Lines of 
        Business initiative.
            (2) The expected impact, if any, of the initiative on 
        employment levels at the Federal agencies involved or across the 
        Federal Government as a whole.

[[Page 121 STAT. 2035]]

            (3) An estimate of the annual and recurring savings the 
        initiative is expected to generate and a description of the 
        methodology used to derive that estimate.
            (4) An estimate of the total transition costs attributable 
        to the initiative.
            (5) Guidance for use by agencies in evaluating the benefits 
        of the initiative and in developing alternative strategies 
        should expected benefits fail to materialize.

    (c) <<NOTE: Records. Deadline.>> The Director of the Office of 
Management and Budget shall provide a copy of the report to the 
Government Accountability Office at the same time the report is 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate. The Government Accountability Office 
shall review the report and brief the Committees on its views concerning 
the report within 45 days after receiving the report from the Director.

    Sec. 748. <<NOTE: Deadline. Records. 41 USC 405 note.>> No later 
than 180 days after enactment of this Act, the Office of Management and 
Budget shall establish a pilot program to develop and implement an 
inventory to track the cost and size (in contractor manpower 
equivalents) of service contracts, particularly with respect to 
contracts that have been performed poorly by a contractor because of 
excessive costs or inferior quality, as determined by a contracting 
officer within the last five years, involve inherently governmental 
functions, or were undertaken without competition. The pilot program 
shall be established in at least three Cabinet-level departments, based 
on varying levels of annual contracting for services, as reported by the 
Federal Procurement Data System's Federal Procurement Report for fiscal 
year 2005, including at least one Cabinet-level department that 
contracts out annually for $10,000,000,000 or more in services, at least 
one Cabinet-level department that contracts out annually for between 
$5,000,000,000 and $9,000,000,000 in services, and at least one Cabinet-
level department that contracts out annually for under $5,000,000,000 in 
services.

    Sec. 749. <<NOTE: 28 USC 461 note.>> Except as expressly provided 
otherwise, any reference to ``this Act'' contained in any title other 
than title IV or VIII shall not apply to such title IV or VIII.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

    Sec. 801. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 802. Appropriations in this Act shall be available for expenses 
of travel and for the payment of dues of organizations concerned with 
the work of the District of Columbia government, when authorized by the 
Mayor, or, in the case of the Council of the District of Columbia, funds 
may be expended with the authorization of the Chairman of the Council.
    Sec. 803. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.

[[Page 121 STAT. 2036]]

    Sec. 804. (a) None of the Federal funds provided in this Act shall 
be used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
title to carry out lobbying activities on any matter.
    Sec. 805. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2008, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously deferred 
        through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $3,000,000 or 10 percent, whichever is less; or
            (7) <<NOTE: Notice. Deadlines. Reports.>> increases by 20 
        percent or more personnel assigned to a specific program, 
        project or responsibility center,

unless in the case of Federal funds, the Committees on Appropriations of 
the House of Representatives and Senate are notified in writing 15 days 
in advance of the reprogramming and in the case of local funds, the 
Committees on Appropriations of the House of Representatives and Senate 
are provided summary reports on April 1, 2008 and October 1, 2008, 
setting forth detailed information regarding each such local funds 
reprogramming conducted subject to this subsection.
    (b) None of the local funds contained in this Act may be available 
for obligation or expenditure for an agency through a transfer of any 
local funds in excess of $3,000,000 from one appropriation heading to 
another unless the Committees on Appropriations of the House of 
Representatives and Senate are provided summary reports on April 1, 2008 
and October 1, 2008, setting forth detailed information regarding each 
reprogramming conducted subject to this subsection, except that in no 
event may the amount of any funds transferred exceed 4 percent of the 
local funds in the appropriations.
    (c) The District of Columbia Government is authorized to approve and 
execute reprogramming and transfer requests of local funds under this 
title through December 1, 2008.
    Sec. 806. Consistent with the provisions of section 1301(a) of title 
31, United States Code, appropriations under this Act shall be applied 
only to the objects for which the appropriations were made except as 
otherwise provided by law.
    Sec. 807. Notwithstanding section 8344(a) of title 5, United States 
Code, the amendment made by section 2 of the District Government 
Reemployed Annuitant Offset Elimination Amendment Act of 2004 (D.C. Law 
15-207) shall apply with respect to any

[[Page 121 STAT. 2037]]

individual employed in an appointive or elective position with the 
District of Columbia government after December 7, 2004.
    Sec. 808. <<NOTE: Deadline.>> No later than 30 days after the end of 
the first quarter of fiscal year 2008, the Mayor of the District of 
Columbia shall submit to the Council of the District of Columbia and the 
Committees on Appropriations of the House of Representatives and Senate 
the new fiscal year 2008 revenue estimates as of the end of such 
quarter. These estimates shall be used in the budget request for fiscal 
year 2009. The officially revised estimates at midyear shall be used for 
the midyear report.

    Sec. 809. None of the Federal funds provided in this Act may be used 
by the District of Columbia to provide for salaries, expenses, or other 
costs associated with the offices of United States Senator or United 
States Representative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; 
D.C. Official Code, sec. 1-123).
    Sec. 810. <<NOTE: Cohabiting couples.>> None of the Federal funds 
made available in this Act may be used to implement or enforce the 
Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. 
Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce 
any system of registration of unmarried, cohabiting couples, including 
but not limited to registration for the purpose of extending employment, 
health, or governmental benefits to such couples on the same basis that 
such benefits are extended to legally married couples.

    Sec. 811. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and other 
grants received by the District government that are not reflected in the 
amounts appropriated in this Act.
    (b)(1) No such Federal, private, or other grant may be obligated, or 
expended pursuant to subsection (a) until--
            (A) <<NOTE: Reports.>> the Chief Financial Officer of the 
        District of Columbia submits to the Council a report setting 
        forth detailed information regarding such grant; and
            (B) the Council has reviewed and approved the obligation, 
        and expenditure of such grant.

    (2) <<NOTE: Notice. Deadlines.>> For purposes of paragraph (1)(B), 
the Council shall be deemed to have reviewed and approved the 
obligation, and expenditure of a grant if--
            (A) no written notice of disapproval is filed with the 
        Secretary of the Council within 14 calendar days of the receipt 
        of the report from the Chief Financial Officer under paragraph 
        (1)(A); or
            (B) if such a notice of disapproval is filed within such 
        deadline, the Council does not by resolution disapprove the 
        obligation, or expenditure of the grant within 30 calendar days 
        of the initial receipt of the report from the Chief Financial 
        Officer under paragraph (1)(A).

    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) The Chief Financial Officer of the District of Columbia may 
adjust the budget for Federal, private, and other grants

[[Page 121 STAT. 2038]]

received by the District government reflected in the amounts 
appropriated in this title, or approved and received under subsection 
(b)(2) to reflect a change in the actual amount of the grant.
    (e) <<NOTE: Reports. Deadlines.>> The Chief Financial Officer of the 
District of Columbia shall prepare a quarterly report setting forth 
detailed information regarding all Federal, private, and other grants 
subject to this section. Each such report shall be submitted to the 
Council of the District of Columbia and to the Committees on 
Appropriations of the House of Representatives and Senate not later than 
15 days after the end of the quarter covered by the report.

    Sec. 812. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day or is otherwise designated by the Fire 
        Chief;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day or is otherwise 
        designated by the Director;
            (4) the Mayor of the District of Columbia; and
            (5) the Chairman of the Council of the District of Columbia.

    (b) <<NOTE: Deadline. Records.>> The Chief Financial Officer of the 
District of Columbia shall submit by March 1, 2008, an inventory, as of 
September 30, 2007, of all vehicles owned, leased or operated by the 
District of Columbia government. The inventory shall include, but not be 
limited to, the department to which the vehicle is assigned; the year 
and make of the vehicle; the acquisition date and cost; the general 
condition of the vehicle; annual operating and maintenance costs; 
current mileage; and whether the vehicle is allowed to be taken home by 
a District officer or employee and if so, the officer or employee's 
title and resident location.

    Sec. 813. <<NOTE: Voting rights.>> (a) None of the Federal funds 
contained in this Act may be used by the District of Columbia 
Corporation Counsel or any other officer or entity of the District 
government to provide assistance for any petition drive or civil action 
which seeks to require Congress to provide for voting representation in 
Congress for the District of Columbia.

    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 814. <<NOTE: Needle distribution.>> None of the Federal funds 
contained in this Act may be used for any program of distributing 
sterile needles or syringes for the hypodermic injection of any illegal 
drug.

[[Page 121 STAT. 2039]]

    Sec. 815. <<NOTE: Effective date.>> None of the funds contained in 
this Act may be used after the expiration of the 60-day period that 
begins on the date of the enactment of this Act to pay the salary of any 
chief financial officer of any office of the District of Columbia 
government (including any independent agency of the District of 
Columbia) who has not filed a certification with the Mayor and the Chief 
Financial Officer of the District of Columbia that the officer 
understands the duties and restrictions applicable to the officer and 
the officer's agency as a result of this Act (and the amendments made by 
this Act), including any duty to prepare a report requested either in 
the Act or in any of the reports accompanying the Act and the deadline 
by which each report must be <<NOTE: Deadlines. Records.>> submitted: 
Provided, That the Chief Financial Officer of the District of Columbia 
shall provide to the Committees on Appropriations of the House of 
Representatives and Senate by April 1, 2008 and October 1, 2008, a 
summary list showing each report, the due date, and the date submitted 
to the Committees.

    Sec. 816. <<NOTE: Contraceptives.>> Nothing in this Act may be 
construed to prevent the Council or Mayor of the District of Columbia 
from addressing the issue of the provision of contraceptive coverage by 
health insurance plans, but it is the intent of Congress that any 
legislation enacted on such issue should include a ``conscience clause'' 
which provides exceptions for religious beliefs and moral convictions.

    Sec. <<NOTE: Reports.>> 817. The Mayor of the District of Columbia 
shall submit to the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Oversight and Government 
Reform of the House of Representatives, and the Committee on Homeland 
Security and Governmental Affairs of the Senate annual reports 
addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway houses escapes and steps taken 
        to improve monitoring and supervision of halfway house residents 
        to reduce the number of escapes to be provided in consultation 
        with the Court Services and Offender Supervision Agency for the 
        District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District of 
        Columbia public charter schools;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District failed 
        to spend the amounts received; and
            (7) indicators of child well-being.

    Sec. 818. <<NOTE: Deadline. Budget.>> (a) No later than 30 calendar 
days after the date of the enactment of this Act, the Chief Financial 
Officer of the District of Columbia shall submit to the appropriate 
committees

[[Page 121 STAT. 2040]]

of Congress, the Mayor, and the Council of the District of Columbia a 
revised appropriated funds operating budget in the format of the budget 
that the District of Columbia government submitted pursuant to section 
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 
1-204.42), for all agencies of the District of Columbia government for 
fiscal year 2008 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.

    (b) <<NOTE: Applicability.>> This section shall apply only to an 
agency where the Chief Financial Officer of the District of Columbia 
certifies that a reallocation is required to address unanticipated 
changes in program requirements.

    Sec. 819. (a) None of the funds contained in this Act may be made 
available to pay--
            (1) the fees of an attorney who represents a party in an 
        action or an attorney who defends an action brought against the 
        District of Columbia Public Schools under the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess of 
        $4,000 for that action; or
            (2) the fees of an attorney or firm whom the Chief Financial 
        Officer of the District of Columbia determines to have a 
        pecuniary interest, either through an attorney, officer, or 
        employee of the firm, in any special education diagnostic 
        services, schools, or other special education service providers.

    (b) In this section, the term ``action'' includes an administrative 
proceeding and any ensuing or related proceedings before a court of 
competent jurisdiction.
    Sec. 820. The amount appropriated by this title may be increased by 
no more than $100,000,000 from funds identified in the comprehensive 
annual financial report as the District's fiscal year 2007 unexpended 
general fund surplus. The District may obligate and expend these amounts 
only in accordance with the following conditions:
            (1) <<NOTE: Certification.>> The Chief Financial Officer of 
        the District of Columbia shall certify that the use of any such 
        amounts is not anticipated to have a negative impact on the 
        District's long-term financial, fiscal, and economic vitality.
            (2) The District of Columbia may only use these funds for 
        the following expenditures:
                    (A) One-time expenditures.
                    (B) Expenditures to avoid deficit spending.
                    (C) Debt Reduction.
                    (D) Program needs.
                    (E) Expenditures to avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council in support of each 
        such obligation or expenditure.
            (4) The amounts may not be used to fund the agencies of the 
        District of Columbia government under court ordered 
        receivership.
            (5) <<NOTE: Notification. Deadline.>> The amounts may not be 
        obligated or expended unless the Mayor notifies the Committees 
        on Appropriations of the House of Representatives and Senate not 
        fewer than 30 days in advance of the obligation or expenditure.

[[Page 121 STAT. 2041]]

    Sec. 821. (a) To account for an unanticipated growth of revenue 
collections, the amount appropriated as District of Columbia Funds 
pursuant to this Act may be increased--
            (1) by an aggregate amount of not more than 25 percent, in 
        the case of amounts proposed to be allocated as ``Other-Type 
        Funds'' in the Fiscal Year 2008 Proposed Budget and Financial 
        Plan submitted to Congress by the District of Columbia; and
            (2) by an aggregate amount of not more than 6 percent, in 
        the case of any other amounts proposed to be allocated in such 
        Proposed Budget and Financial Plan.

    (b) The District of Columbia may obligate and expend any increase in 
the amount of funds authorized under this section only in accordance 
with the following conditions:
            (1) <<NOTE: Certification.>> The Chief Financial Officer of 
        the District of Columbia shall certify--
                    (A) the increase in revenue; and
                    (B) that the use of the amounts is not anticipated 
                to have a negative impact on the long-term financial, 
                fiscal, or economic health of the District.
            (2) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council of the District of 
        Columbia in support of each such obligation and expenditure, 
        consistent with the requirements of this Act.
            (3) The amounts may not be used to fund any agencies of the 
        District government operating under court-ordered receivership.
            (4) <<NOTE: Notification. Deadline.>> The amounts may not be 
        obligated or expended unless the Mayor has notified the 
        Committees on Appropriations of the House of Representatives and 
        Senate not fewer than 30 days in advance of the obligation or 
        expenditure.

    Sec. 822. <<NOTE: Contingency funds.>> The Chief Financial Officer 
for the District of Columbia may, for the purpose of cash flow 
management, conduct short-term borrowing from the emergency reserve fund 
and from the contingency reserve fund established under section 450A of 
the District of Columbia Home Rule Act (Public Law 98-198): Provided, 
That the amount borrowed shall not exceed 50 percent of the total amount 
of funds contained in both the emergency and contingency reserve funds 
at the time of borrowing: Provided further, That the borrowing shall not 
deplete either fund by more than 50 percent: Provided further, That 100 
percent of the funds borrowed shall be replenished within 9 months of 
the time of the borrowing or by the end of the fiscal year, whichever 
occurs earlier: Provided further, That in the event that short-term 
borrowing has been conducted and the emergency or the contingency funds 
are later depleted below 50 percent as a result of an emergency or 
contingency, an amount equal to the amount necessary to restore reserve 
levels to 50 percent of the total amount of funds contained in both the 
emergency and contingency reserve fund must be replenished from the 
amount borrowed within 60 days.

    Sec. 823. <<NOTE: Drugs and drug abuse.>> (a) None of the funds 
contained in this Act may be used to enact or carry out any law, rule, 
or regulation to legalize or otherwise reduce penalties associated with 
the possession, use, or distribution of any schedule I substance under 
the Controlled Substances Act (21 U.S.C. 801 et seq.) or any 
tetrahydrocannabinols derivative.

[[Page 121 STAT. 2042]]

    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 824. <<NOTE: Abortion.>> None of the funds appropriated under 
this Act shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest.

    Sec. 825. (a) Direct Appropriation.--Section 307(a) of the District 
of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-
1607(a), D.C. Official Code) is amended by striking the first 2 
sentences and inserting the following: ``There are authorized to be 
appropriated to the Service in each fiscal year such funds as may be 
necessary to carry out this chapter.''.
    (b) Conforming Amendment.--Section 11233 of the Balanced Budget Act 
of 1997 (sec. 24-133, D.C. Official Code) is amended by striking 
subsection (f).
    (e) Effective Date.--The amendments made by this section shall apply 
with respect to fiscal year 2008 and each succeeding fiscal year.
    Sec. 826. Amounts appropriated in this Act as operating funds may be 
transferred to the District of Columbia's enterprise and capital funds 
and such amounts, once transferred shall retain appropriation authority 
consistent with the provisions of this Act.
    Sec. 827. <<NOTE: Incorporation by reference.>> In fiscal year 2008 
and thereafter, amounts deposited in the Student Enrollment Fund shall 
be available for expenditure upon deposit and shall remain available 
until expended consistent with the terms detailed in ``The Student 
Funding Formula Assessment, Educational Data Warehouse, and Enrollment 
Fund Establishment Amendment Act of 2007'' (title IV-D of D.C. Law L17-
0020) and the entire provisions of that Act are incorporated herein by 
reference.

    Sec. 828. Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2008''.

  DIVISION <<NOTE: Department of Homeland Security Appropriations Act, 
2008.>> E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008

                                 TITLE I

                     DEPARTMENT OF HOMELAND SECURITY

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $97,353,000: Provided, That not 
to exceed $40,000 shall be for official reception and 
representation <<NOTE: Certification. Reports. Records. Deadline.>> expen
ses: Provided further, That $15,000,000 shall not be available for 
obligation until the Secretary (1) certifies and reports to the 
Committees on Appropriations of the Senate and the House of 
Representatives that the

[[Page 121 STAT. 2043]]

Department has revised Departmental guidance with respect to relations 
with the Government Accountability Office to specifically provide for: 
(a) expedited timeframes for providing the Government Accountability 
Office with access to records within 20 days from the date of request; 
(b) expedited timeframes for interviews of program officials by the 
Government Accountability Office after reasonable notice has been 
furnished to the Department by the Government Accountability Office; and 
(c) a significant streamlining of the review process for documents and 
interview requests by liaisons, counsel, and program officials, 
consistent with the objective that the Government Accountability Office 
be given timely and complete access to documents and agency officials; 
and (2) defines in a memorandum to all Department employees the roles 
and responsibilities of the Department of Homeland Security Inspector 
General: Provided further, That the Secretary shall make the revisions 
to Departmental guidance with respect to relations with the Government 
Accountability Office in consultation with the Comptroller General of 
the United States and issue departmental guidance with respect to 
relations with the Department of Homeland Security Inspector General in 
consultation with the Inspector General: Provided further, That not more 
than 75 percent of the funds provided under this heading shall be 
obligated prior to the submission of the first quarterly report on 
progress to improve and modernize efforts to remove criminal aliens 
judged deportable from the United States.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $150,238,000, of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount, $6,000,000 shall remain 
available until expended solely for the alteration and improvement of 
facilities, tenant improvements, and relocation costs to consolidate 
Department headquarters operations.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
as authorized by section 103 of the Homeland Security Act of 2002 (6 
U.S.C. 113), $31,300,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$295,200,000; of which $81,000,000 shall be available for salaries and 
expenses; and of which $214,200,000, to remain available until expended, 
shall be available for development and acquisition of information 
technology equipment, software, services, and related activities for the 
Department of Homeland Security, of which not less than $36,800,000 
shall be available, as requested in the President's Fiscal Year 2008 
Budget, for Department of Homeland Security data center development and 
an additional $35,500,000 shall be available for further construction of 
the National Center

[[Page 121 STAT. 2044]]

for Critical Information Processing and Storage: Provided, That none of 
the funds appropriated shall be used to support or supplement the 
appropriations provided for the United States Visitor and Immigrant 
Status Indicator Technology project or the Automated Commercial 
Environment: Provided further, <<NOTE: Deadline. Expenditure 
plan.>> That the Chief Information Officer shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not more than 60 days after the date of enactment of 
this Act, an expenditure plan for all information technology acquisition 
projects that: (1) are funded under this heading; or (2) are funded by 
multiple components of the Department of Homeland Security through 
reimbursable agreements: Provided further, That such expenditure plan 
shall include each specific project funded, key milestones, all funding 
sources for each project, details of annual and lifecycle costs, and 
projected cost savings or cost avoidance to be achieved by the project.

                         Analysis and Operations


                     (including rescission of funds)


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

       Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                       Office of Inspector General

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

                                TITLE II

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                          salaries and expenses


    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; purchase and 
lease of up to 4,500 (2,300 for replacement only) police-

[[Page 121 STAT. 2045]]

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

[[Page 121 STAT. 2046]]

to ensure operational success; and (5) a description of steps taken to 
ensure the integrity of privacy safeguards.


                        automation modernization


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

[[Page 121 STAT. 2047]]

        decision makers, as well as a listing of the program's high 
        risks and the status of efforts to address them;
            (8) a certification by the Chief Procurement Officer of the 
        Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with any plans for addressing these risks and the status 
        of their implementation; and
            (9) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report.


         Border Security Fencing, Infrastructure, and Technology


    For expenses for customs and border protection fencing, 
infrastructure, and technology, $1,225,000,000, to remain available 
until expended: Provided, That of the amount provided under this 
heading, $1,053,000,000 is designated as described in section 5 (in the 
matter preceding division A of this consolidated Act): Provided 
further, <<NOTE: Deadline. Expenditure plan.>> That of the amount 
provided under this heading, $650,000,000 shall not be obligated until 
the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure, prepared by 
the Secretary of Homeland Security and submitted within 90 days after 
the date of enactment of this Act, for a program to establish a security 
barrier along the borders of the United States of fencing and vehicle 
barriers, where practicable, and other forms of tactical infrastructure 
and technology, that includes:
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost targets, 
        program management capabilities, identification of the maximum 
        investment (including lifecycle costs) required by the Secure 
        Border Initiative network or any successor contract, and 
        description of the methodology used to obtain these cost 
        figures;
            (2) a description of how activities will further the 
        objectives of the Secure Border Initiative, as defined in the 
        Secure Border Initiative multi-year strategic plan, and how the 
        plan allocates funding to the highest priority border security 
        needs;
            (3) an explicit plan of action defining how all funds are to 
        be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance levels, 
        mission benefits and outcomes, and program management 
        capabilities;
            (4) an identification of staffing (including full-time 
        equivalents, contractors, and detailees) requirements by 
        activity;
            (5) a description of how the plan addresses security needs 
        at the Northern Border and the ports of entry, including 
        infrastructure, technology, design and operations requirements;
            (6) a report on costs incurred, the activities completed, 
        and the progress made by the program in terms of obtaining 
        operational control of the entire border of the United States;

[[Page 121 STAT. 2048]]

            (7) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones to 
        fully address them;
            (8) a certification by the Chief Procurement Officer of the 
        Department that the program has been reviewed and approved in 
        accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including Circular A-11, 
        part 7;
            (9) a certification by the Chief Information Officer of the 
        Department that the system architecture of the program is 
        sufficiently aligned with the information systems enterprise 
        architecture of the Department to minimize future rework, 
        including a description of all aspects of the architectures that 
        were and were not assessed in making the alignment 
        determination, the date of the alignment determination, and any 
        known areas of misalignment along with the associated risks and 
        corrective actions to address any such areas;
            (10) a certification by the Chief Procurement Officer of the 
        Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with any plans for addressing these risks, and the status 
        of their implementation;
            (11) a certification by the Chief Information Officer of the 
        Department that the program has a risk management process that 
        regularly and proactively identifies, evaluates, mitigates, and 
        monitors risks throughout the system life cycle and communicates 
        high-risk conditions to U.S. Customs and Border Protection and 
        Department of Homeland Security investment decision makers, as 
        well as a listing of all the program's high risks and the status 
        of efforts to address them;
            (12) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report;
            (13) an analysis by the Secretary for each segment, defined 
        as no more than 15 miles, of fencing or tactical infrastructure, 
        of the selected approach compared to other, alternative means of 
        achieving operational control; such analysis should include 
        cost, level of operational control, possible unintended effects 
        on communities, and other factors critical to the decision 
        making process;
            (14) a certification by the Chief Procurement Officer of the 
        Department of Homeland Security that procedures to prevent 
        conflicts of interest between the prime integrator and major 
        subcontractors are established and that the Secure Border 
        Initiative Program Office has adequate staff and resources to 
        effectively manage the Secure Border Initiative program, Secure 
        Border Initiative network contract, and any related contracts, 
        including the exercise of technical oversight, and a 
        certification by the Chief Information Officer of the

[[Page 121 STAT. 2049]]

        Department of Homeland Security that an independent verification 
        and validation agent is currently under contract for the 
        projects funded under this heading; and
            (15) is reviewed by the Government Accountability Office:

Provided further, <<NOTE: Reports. Deadline.>> That the Secretary shall 
report to the Committees on Appropriations of the Senate and the House 
of Representatives on program progress to date and specific objectives 
to be achieved through the award of current and remaining task orders 
planned for the balance of available appropriations: (1) at least 30 
days prior to the award of any task order requiring an obligation of 
funds in excess of $100,000,000; and (2) prior to the award of a task 
order that would cause cumulative obligations of funds to exceed 50 
percent of the total amount appropriated: Provided further, That of the 
funds provided under this heading, not more than $2,000,000 shall be 
used to reimburse the Defense Acquisition University for the costs of 
conducting a review of the Secure Border Initiative network contract and 
determining how and whether the Department is employing the best 
procurement practices: Provided further, <<NOTE: Deadline. Federal 
Register, publication.>> That none of the funds under this heading may 
be obligated for any project or activity for which the Secretary has 
exercised waiver authority pursuant to section 102(c) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note) until 15 days have elapsed from the date of the publication 
of the decision in the Federal Register.


  Air and Marine Interdiction, Operations, Maintenance, and Procurement


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

[[Page 121 STAT. 2050]]

                              Construction


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

                U.S. Immigration and Customs Enforcement


                          Salaries and Expenses


    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and lease 
of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$4,687,517,000, of which not to exceed $7,500,000 shall be available 
until expended for conducting special operations under section 3131 of 
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security; of which not less 
than $305,000 shall be for promotion of public awareness of the child 
pornography tipline and anti-child exploitation activities as requested 
by the President; of which not less than $5,400,000 shall be used to 
facilitate agreements consistent with section 287(g) of the Immigration 
and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed 
$11,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That of the amount 
provided under this heading, $516,400,000 is designated as described in 
section 5 (in the matter preceding division A of this consolidated Act): 
Provided further, That none of the funds made available under this 
heading shall be available to compensate any employee for overtime in an 
annual amount in excess of $35,000, except that the Secretary of 
Homeland Security, or the designee of the Secretary, may waive that 
amount as necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $15,770,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2008, of which not to exceed 
$6,000,000 shall remain available until expended: Provided further, That 
of the total amount provided, not less than $2,381,401,000 is for 
detention and removal operations: Provided further, That of the total 
amount provided, $200,000,000 shall remain available until September 30, 
2009, to improve and modernize efforts to identify aliens convicted of a 
crime, sentenced to imprisonment, and who may be deportable, and remove 
them from the United States once they are judged deportable: Provided 
further, <<NOTE: Deadline. Expenditure plan.>> That none of the funds 
made available to improve and modernize efforts to identify and remove 
aliens convicted of a crime, sentenced to imprisonment, and who may be 
deportable (in this proviso referred to as criminal aliens), and remove 
them from the United States once they are judged deportable, shall be 
obligated until the Committees on Appropriations

[[Page 121 STAT. 2051]]

of the Senate and the House of Representatives receive a plan for 
expenditure, prepared by the Secretary of Homeland Security and 
submitted within 90 days after the date of enactment of this Act, to 
modernize the policies and technologies used to identify and remove 
criminal aliens, that--
            (1) presents a strategy for U.S. Immigration and Customs 
        Enforcement to identify every criminal alien, at the prison, 
        jail, or correctional institution in which they are held;
            (2) establishes the process U.S. Immigration and Customs 
        Enforcement, in conjunction with the U.S. Department of Justice, 
        will use to make every reasonable effort to remove, upon their 
        release from custody, all criminal aliens judged deportable;
            (3) presents a methodology U.S. Immigration and Customs 
        Enforcement will use to identify and prioritize for removal 
        criminal aliens convicted of violent crimes;
            (4) defines the activities, milestones, and resources for 
        implementing the strategy and process described in sections (1) 
        and (2); and
            (5) includes program measurements for progress in 
        implementing the strategy and process described in sections (1) 
        and (2):

Provided further, <<NOTE: Reports. Deadline.>> That the Secretary of 
Homeland Security or a designee of the Secretary shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at least quarterly, on progress implementing the 
expenditure plan required in the preceding proviso, and the funds 
obligated during that quarter to make that progress: Provided further, 
That the funding and staffing resources necessary to carry out the 
strategy and process described in sections (1) and (2) under this 
heading shall be identified in the President's fiscal year 2009 budget 
submission to Congress.


                       Federal Protective Service


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


                        Automation Modernization


    For expenses of immigration and customs enforcement automated 
systems, $30,700,000, to remain available until expended: 
Provided, <<NOTE: Expenditure plan.>> That of the funds made available 
under this heading,

[[Page 121 STAT. 2052]]

$5,000,000 shall not be obligated until the Committees on Appropriations 
of the Senate and the House of Representatives receive a plan for 
expenditure prepared by the Secretary of Homeland Security.


                              construction


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

                 Transportation Security Administration


                            Aviation Security


                      (including transfer of funds)


    For necessary expenses of the Transportation Security Administration 
related to providing civil aviation security services pursuant to the 
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 
597; 49 U.S.C. 40101 note), $4,808,691,000, to remain available until 
September 30, 2009, of which not to exceed $10,000 shall be for official 
reception and representation expenses: Provided, That of the total 
amount made available under this heading, not to exceed $3,768,489,000 
shall be for screening operations, of which $294,000,000 shall be 
available only for procurement and installation of checked baggage 
explosive detection systems; and not to exceed $1,009,977,000 shall be 
for aviation security direction and enforcement: Provided further, That 
security service fees authorized under section 44940 of title 49, United 
States Code, shall be credited to this appropriation as offsetting 
collections and shall be available only for aviation security: Provided 
further, That any funds collected and made available from aviation 
security fees pursuant to section 44940(i) of title 49, United States 
Code, may, notwithstanding paragraph (4) of such section 44940(i), be 
expended for the purpose of improving screening at airport screening 
checkpoints, which may include the purchase and utilization of emerging 
technology equipment; the refurbishment and replacement of current 
equipment; the installation of surveillance systems to monitor 
checkpoint activities; the modification of checkpoint infrastructure to 
support checkpoint reconfigurations; and the creation of additional 
checkpoints to screen aviation passengers and airport personnel: 
Provided further, That of the amounts provided under this heading, 
$30,000,000 may be transferred to the ``Surface Transportation 
Security''; ``Transportation Threat Assessment And Credentialing''; and 
``Transportation Security Support'' appropriations in this Act for the 
purpose of implementing regulations and activities authorized in 
Implementing Recommendations of the 9/11 Commission Act

[[Page 121 STAT. 2053]]

of 2007 (Public Law 110-53): Provided further, That the sum appropriated 
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during 
fiscal year 2008, so as to result in a final fiscal year appropriation 
from the general fund estimated at not more than $2,598,466,000: 
Provided further, That any security service fees collected in excess of 
the amount made available under this heading shall become available 
during fiscal year 2009: Provided further, That Members of the United 
States House of Representatives and United States Senate, including the 
leadership; and the heads of Federal agencies and commissions, including 
the Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General and 
Assistant Attorneys General and the United States attorneys; and senior 
members of the Executive Office of the President, including the Director 
of the Office of Management and Budget; shall not be exempt from Federal 
passenger and baggage screening.


                     Surface Transportation Security


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


           Transportation Threat Assessment and Credentialing


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


                     Transportation Security Support


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

[[Page 121 STAT. 2054]]

                          Federal Air Marshals


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

                               Coast Guard


                           operating expenses


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


                environmental compliance and restoration


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


                            Reserve Training


    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program;

[[Page 121 STAT. 2055]]

personnel and training costs; and equipment and services; $126,883,000.


               acquisition, construction, and improvements


                    (including rescissions of funds)


    For necessary expenses of acquisition, construction, renovation, and 
improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,125,083,000, of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which $45,000,000 shall be available until September 30, 
2012, to acquire, repair, renovate, or improve vessels, small boats, and 
related equipment; of which $173,100,000 shall be available until 
September 30, 2010, for other equipment; of which $40,997,000 shall be 
available until September 30, 2010, for shore facilities and aids to 
navigation facilities; of which $82,720,000 shall be available for 
personnel compensation and benefits and related costs; and of which 
$783,266,000 shall be available until September 30, 2012, for the 
Integrated Deepwater Systems program: Provided, That of the funds made 
available for the Integrated Deepwater Systems program, $327,416,000 is 
for aircraft and $243,400,000 is for surface ships: Provided further, 
That of the amount provided in the preceding proviso for aircraft, 
$70,000,000 may not be obligated for the Maritime Patrol Aircraft until 
the Commandant of the Coast Guard certifies that the mission system 
pallet Developmental Test and Evaluation of the HC-144A CASA Maritime 
Patrol Aircraft is complete: Provided further, That no funds shall be 
available for procurements related to the acquisition of additional 
major assets as part of the Integrated Deepwater Systems program not 
already under contract until an alternatives analysis has been completed 
by an independent qualified third party: Provided 
further, <<NOTE: Expenditure plan.>> That $300,000,000 of the funds 
provided for the Integrated Deepwater Systems program may not be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
directly from the Coast Guard that--
            (1) defines activities, milestones, yearly costs, and 
        lifecycle costs for each procurement of a major asset, including 
        an independent cost estimate for each;
            (2) identifies lifecycle staffing and training needs of 
        Coast Guard project managers and of procurement and contract 
        staff;
            (3) identifies competition to be conducted in each 
        procurement;
            (4) describes procurement plans that do not rely on a single 
        industry entity or contract;
            (5) includes a certification by the Chief Human Capital 
        Officer of the Department that current human capital 
        capabilities are sufficient to execute the plans discussed in 
        the report;
            (6) contains very limited indefinite delivery/indefinite 
        quantity contracts and explains the need for any indefinite 
        delivery/indefinite quantity contracts;
            (7) identifies individual project balances by fiscal year, 
        including planned carryover into fiscal year 2009 by project;

[[Page 121 STAT. 2056]]

            (8) identifies operational gaps by asset and explains how 
        funds provided in this Act address the shortfalls between 
        current operational capabilities and requirements;
            (9) includes a listing of all open Government Accountability 
        Office and Office of Inspector General recommendations related 
        to the program and the status of Coast Guard actions to address 
        the recommendations, including milestones for fully addressing 
        them;
            (10) includes a certification by the Chief Procurement 
        Officer of the Department that the program has been reviewed and 
        approved in accordance with the investment management process of 
        the Department, and that the process fulfills all capital 
        planning and investment control requirements and reviews 
        established by the Office of Management and Budget, including 
        Circular A-11, part 7;
            (11) identifies use of the Defense Contract Auditing Agency;
            (12) includes a certification by the head of contracting 
        activity for the Coast Guard and the Chief Procurement Officer 
        of the Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with plans for addressing these risks, and the status of 
        their implementation;
            (13) identifies the use of independent validation and 
        verification; and
            (14) is reviewed by the Government Accountability Office:

Provided further, <<NOTE: Reports.>> That the Secretary of Homeland 
Security shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives, in conjunction with the President's 
fiscal year 2009 budget, a review of the Revised Deepwater 
Implementation Plan that identifies any changes to the plan for the 
fiscal year; an annual performance comparison of Deepwater assets to 
pre-Deepwater legacy assets; a status report of legacy assets; a 
detailed explanation of how the costs of legacy assets are being 
accounted for within the Deepwater program; and the earned value 
management system gold card data for each Deepwater asset: Provided 
further, <<NOTE: Deadline. 14 USC 663 note.>> That the Secretary shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a comprehensive review of the Revised Deepwater 
Implementation Plan every five years, beginning in fiscal year 2011, 
that includes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 2027: Provided 
further, <<NOTE: Deadline. Investment plan. 14 USC 663 note.>> That the 
Secretary shall annually submit to the Committees on Appropriations of 
the Senate and the House of Representatives, at the time that the 
President's budget is submitted under section 1105(a) of title 31, 
United States Code, a future-years capital investment plan for the Coast 
Guard that identifies for each capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until project completion, whichever is 
        earlier;
            (4) an estimated completion date at the projected funding 
        levels; and

[[Page 121 STAT. 2057]]

            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:

Provided further, That the Secretary shall ensure that amounts specified 
in the future-years capital investment plan are consistent to the 
maximum extent practicable with proposed appropriations necessary to 
support the programs, projects, and activities of the Coast Guard in the 
President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified: Provided further, That 
of amounts made available under this heading in Public Laws 108-334 and 
109-90 for the Offshore Patrol Cutter, $98,627,476 are rescinded: 
Provided further, That of amounts made available under this heading in 
Public Law 108-334 for VTOL unmanned aerial vehicles (VUAV), $162,850 
are rescinded: Provided further, That of amounts made available under 
this heading in Public Law 109-90 for unmanned air vehicles (UAVs), 
$32,942,138 are rescinded: Provided further, That of amounts made 
available under this heading in Public Law 109-295 for VTOL unmanned 
aerial vehicles (UAVs), $716,536 are rescinded: Provided further, That 
of the amount provided under this heading, $95,800,000 is designated as 
described in section 5 (in the matter preceding division A of this 
consolidated Act).


                          Alteration of Bridges


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


               Research, Development, Test, and Evaluation


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


                               Retired Pay


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

[[Page 121 STAT. 2058]]

                      United States Secret Service


                          salaries and expenses


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


      Acquisition, Construction, Improvements, and Related Expenses


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

[[Page 121 STAT. 2059]]

                                TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate


                      management and administration


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


           Infrastructure Protection and Information Security


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


     United States Visitor and Immigrant Status Indicator Technology


    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as authorized 
by section 110 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1365a), $475,000,000, to remain 
available until expended: Provided, That of the amount provided under 
this heading, $275,000,000 is designated as described in section 5 (in 
the matter preceding division A of this consolidated Act): Provided 
further, <<NOTE: Expenditure plan.>> That of the total amount made 
available under this heading, $125,000,000 may not be obligated for the 
United States Visitor and Immigrant Status Indicator Technology project 
until the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure prepared by 
the Secretary of Homeland Security that includes--
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost targets, 
        and program management capabilities;
            (2) an explicit plan of action defining how all funds are to 
        be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance levels, 
        mission benefits and outcomes, and program management 
        capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones for 
        fully addressing them;

[[Page 121 STAT. 2060]]

            (4) a certification by the Chief Procurement Officer of the 
        Department that the program has been reviewed and approved in 
        accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including Circular A-11, 
        part 7;
            (5) a certification by the Chief Information Officer of the 
        Department of Homeland Security that an independent verification 
        and validation agent is currently under contract for the 
        project;
            (6) a certification by the Chief Information Officer of the 
        Department that the system architecture of the program is 
        sufficiently aligned with the information systems enterprise 
        architecture of the Department to minimize future rework, 
        including a description of all aspects of the architectures that 
        were and were not assessed in making the alignment 
        determination, the date of the alignment determination, and any 
        known areas of misalignment along with the associated risks and 
        corrective actions to address any such areas;
            (7) a certification by the Chief Procurement Officer of the 
        Department that the plans for the program comply with the 
        Federal acquisition rules, requirements, guidelines, and 
        practices, and a description of the actions being taken to 
        address areas of non-compliance, the risks associated with them 
        along with any plans for addressing these risks, and the status 
        of their implementation;
            (8) a certification by the Chief Information Officer of the 
        Department that the program has a risk management process that 
        regularly identifies, evaluates, mitigates, and monitors risks 
        throughout the system life cycle, and communicates high-risk 
        conditions to agency and Department of Homeland Security 
        investment decision makers, as well as a listing of all the 
        program's high risks and the status of efforts to address them;
            (9) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report;
            (10) a complete schedule for the full implementation of a 
        biometric exit program or a certification that such program is 
        not possible within five years;
            (11) a detailed accounting of operation and maintenance, 
        contractor services, and program costs associated with the 
        management of identity services; and
            (12) is reviewed by the Government Accountability Office.

                        Office of Health Affairs

    For the necessary expenses of the Office of Health Affairs, 
$116,500,000; of which $24,317,000 is for salaries and expenses; and of 
which $92,183,000, to remain available until September 30, 2009, is for 
biosurveillance, BioWatch, medical readiness planning, chemical 
response, and other activities: Provided, That not to exceed $3,000 
shall be for official reception and representation expenses.

[[Page 121 STAT. 2061]]

                   Federal Emergency Management Agency


                      Management and Administration


    For necessary expenses for management and administration of the 
Federal Emergency Management Agency, $664,000,000, including activities 
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production 
Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 
National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform 
Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided further, <<NOTE: Federal budget.>> That the 
President's budget submitted under section 1105(a) of title 31, United 
States Code, shall be detailed by the office for the Federal Emergency 
Management Agency: Provided further, That of the total amount made 
available under this heading, $32,500,000 shall be for the Urban Search 
and Rescue Response System, of which not to exceed $1,600,000 may be 
made available for administrative costs; and $6,000,000 shall be for the 
Office of National Capital Region Coordination: Provided 
further, <<NOTE: West Virginia. Pennsylvania.>> That for purposes of 
planning, coordination, execution, and decision-making related to mass 
evacuation during a disaster, the Governors of the State of West 
Virginia and the Commonwealth of Pennsylvania, or their designees, shall 
be incorporated into efforts to integrate the activities of Federal, 
State, and local governments in the National Capital Region, as defined 
in section 882 of Public Law 107-296, the Homeland Security Act of 2002.


                        state and local programs


                      (INCLUDING TRANSFER OF FUNDS)


    For grants, contracts, cooperative agreements, and other activities, 
$3,177,800,000 shall be allocated as follows:
            (1) $950,000,000 shall be for the State Homeland Security 
        Grant Program under section 2004 of the Homeland Security Act of 
        2002 (6 U.S.C. 605) as amended by Implementing Recommendations 
        of the 9/11 Commission Act of 2007 (Public Law 110-53): 
        Provided, That of the amount provided by this paragraph, 
        $60,000,000 shall be for Operation Stonegarden and is designated 
        as described in section 5 (in the matter preceding division A of 
        this consolidated Act): Provided further, That notwithstanding 
        subsection (c)(4) of such section 2004, for fiscal year 2008, 
        the Commonwealth of Puerto Rico shall make available to local 
        and tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $820,000,000 shall be for the Urban Area Security 
        Initiative under section 2003 of the Homeland Security Act of 
        2002 (6 U.S.C. 604) as amended by Implementing Recommendations 
        of the 9/11 Commission Act of 2007 (Public Law 110-53), of 
        which, notwithstanding subsection (c)(1) of such section,

[[Page 121 STAT. 2062]]

        $15,000,000 shall be for grants to organizations (as described 
        under section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from tax section 501(a) of such code) determined by the 
        Secretary to be at high-risk of a terrorist attack.
            (3) $35,000,000 shall be for Regional Catastrophic 
        Preparedness Grants.
            (4) $41,000,000 shall be for the Metropolitan Medical 
        Response System under section 635 of the Post-Katrina Emergency 
        Management Reform Act of 2006 (6 U.S.C. 723).
            (5) $15,000,000 shall be for the Citizens Corps Program;
            (6) $400,000,000 shall be for Public Transportation Security 
        Assistance and Railroad Security Assistance under sections 1406 
        and 1513 of the Implementing Recommendations of the 9/11 
        Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135 and 
        1163), of which not less than $25,000,000 shall be for Amtrak 
        security.
            (7) $400,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107.
            (8) $11,500,000 shall be for Over-the-Road Bus Security 
        Assistance under section 1532 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53; 6 U.S.C. 1182).
            (9) $16,000,000 shall be for Trucking Industry Security 
        Grants.
            (10) $50,000,000 shall be for Buffer Zone Protection Program 
        Grants.
            (11) $50,000,000 shall be for grants under section 204 of 
        the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301 
        note): Provided, That the amount provided under this paragraph 
        shall be designated as described in section 5 (in the matter 
        preceding division A of this consolidated Act).
            (12) $25,000,000 shall be for the Commercial Equipment 
        Direct Assistance Program.
            (13) $50,000,000 shall be for the Interoperable Emergency 
        Communications Grant Program under section 1809 of the Homeland 
        Security Act of 2002 (6 U.S.C. 579) as amended by Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53).
            (14) $15,000,000 shall be for grants for construction of 
        Emergency Operations Centers under section 614 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5196c) as amended by Implementing Recommendations of the 9/11 
        Commission Act of 2007 (Public Law 110-53).
            (15) $299,300,000 shall be for training, exercises, 
        technical assistance, and other programs:

Provided, That not to exceed 3 percent of the amounts provided under 
this heading may be transferred to the Federal Emergency Management 
Agency ``Management and Administration'' account for program 
administration: Provided further, <<NOTE: Grants. Deadlines.>> That for 
grants under paragraphs (1) through (5), the applications for grants 
shall be made available to eligible applicants not later than 25 days 
after the date of enactment of this Act, that eligible applicants shall 
submit applications not later than 90 days after the grant announcement, 
and that the Administrator of the Federal Emergency Management Agency 
shall act within 90 days after receipt of an application: Provided 
further, That for grants under paragraphs (6) through (11), the 
applications for grants shall be made available

[[Page 121 STAT. 2063]]

to eligible applicants not later than 30 days after the date of 
enactment of this Act, that eligible applicants shall submit 
applications within 45 days after the grant announcement, and that the 
Federal Emergency Management Agency shall act not later than 60 days 
after receipt of an application: Provided further, That grantees shall 
provide additional reports on their use of funds, as determined 
necessary by the Secretary of Homeland Security: Provided further, That 
(a) the Center for Domestic Preparedness may provide training to 
emergency response providers from the Federal Government, foreign 
governments, or private entities, if the Center for Domestic 
Preparedness is reimbursed for the cost of such training, and any 
reimbursement under this subsection shall be credited to the account 
from which the expenditure being reimbursed was made and shall be 
available, without fiscal year limitation, for the purposes for which 
amounts in the account may be expended, (b) the head of the Center for 
Domestic Preparedness shall ensure that any training provided under (a) 
does not interfere with the primary mission of the Center to train State 
and local emergency response providers: Provided 
further, <<NOTE: Reports. Deadline.>> That the Government Accountability 
Office shall report to the Committees on Appropriations of the Senate 
and the House of Representatives regarding the data, assumptions, and 
methodology that the Department uses to assess risk and allocate Urban 
Area Security Initiative and State Homeland Security Grants not later 
than 45 days after the date of enactment of this Act: Provided further, 
That the report shall include the reliability and validity of the data 
used, the basis for the assumptions used, how the methodology is applied 
to determine the risk scores for individual locations, an analysis of 
the usefulness of placing States and cities into tier groups, and the 
allocation of grants to eligible locations: Provided further, That the 
Department provide the Government Accountability Office with the actual 
data that the Department used for its risk assessment and grant 
allocation for at least two locations at the discretion of the 
Government Accountability Office for the 2007 grant allocation process: 
Provided further, That the Department provide the Government 
Accountability Office with access to all data needed for its analysis 
and report, including specifics on all changes for the fiscal year 2008 
process, including, but not limited to, all changes in data, 
assumptions, and weights used in methodology within seven days after the 
date of enactment of this Act: Provided further, That any subsequent 
changes made regarding the risk methodology after the initial 
information is provided to the Government Accountability Office shall be 
provided within seven days after the change is made.


                      firefighter assistance grants


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

[[Page 121 STAT. 2064]]

                 Emergency Management Performance Grants


    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That total 
administrative costs shall not exceed 3 percent of the total amount 
appropriated under this heading.


               Radiological Emergency Preparedness Program


    The aggregate charges assessed during fiscal year 2008, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary for 
its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2008, and remain 
available until expended.


                    united states fire administration


    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $43,300,000.


                             Disaster Relief


                      (including transfer of funds)


    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,400,000,000, to remain available until expended: Provided, That of 
the total amount provided, $16,000,000 shall be transferred to the 
Department of Homeland Security Office of Inspector General for audits 
and investigations related to disasters, subject to section 503 of this 
Act: Provided further, That up to $60,000,000 may be transferred to 
``Management and Administration'', Federal Emergency Management Agency, 
of which $48,000,000 and 250 positions are for management and 
administration functions and $12,000,000 is for activities related to 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.): Provided further, That of the amount provided in 
the previous proviso, $30,000,000 shall not be available for transfer 
for management and administration functions until the Federal Emergency 
Management Agency submits an expenditure plan to the Committees on 
Appropriations of the Senate and the House of Representatives regarding 
the 250 <<NOTE: Reports. 42 USC 5208.>> positions: Provided further, 
That the Federal Emergency Management Agency shall hereafter

[[Page 121 STAT. 2065]]

submit a monthly ``Disaster Relief'' report to the Committees on 
Appropriations of the Senate and the House of Representatives to 
include--
            (1) status of the Disaster Relief fund including 
        obligations, allocations, and amounts undistributed/unallocated;
            (2) allocations, obligations, and expenditures for 
        Hurricanes Katrina, Rita, and Wilma and all open disasters;
            (3) information on national flood insurance claims;
            (4) obligations, allocations, and expenditures by State for 
        unemployment, crisis counseling, inspections, housing 
        assistance, manufactured housing, public assistance, and 
        individual assistance;
            (5) mission assignment obligations by agency, including:
                    (A) the amounts to other agencies that are in 
                suspense because the Federal Emergency Management Agency 
                has not yet reviewed and approved the documentation 
                supporting the expenditure or for which an agency has 
                been mission assigned but has not submitted necessary 
                documentation for reimbursement;
                    (B) an explanation if the amounts of reported 
                obligations and expenditures do not reflect the status 
                of such obligations and expenditures from a government-
                wide perspective; and
                    (C) each such agency's actual obligation and 
                expenditure data;
            (6) the amount of credit card purchases by agency and 
        mission assignment;
            (7) specific reasons for all waivers granted and a 
        description of each waiver;
            (8) a list of all contracts that were awarded on a sole 
        source or limited competition basis, including the dollar 
        amount, the purpose of the contract, and the reason for the lack 
        of competitive award; and
            (9) an estimate of when available appropriations will be 
        exhausted, assuming an average disaster season:

Provided further, That for any request for reimbursement from a Federal 
agency to the Department to cover expenditures under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), or any mission assignment orders issued by the Department for 
such purposes, the Secretary of Homeland Security shall take appropriate 
steps to ensure that each agency is periodically reminded of Department 
policies on--
            (1) the detailed information required in supporting 
        documentation for reimbursements, and
            (2) the necessity for timeliness of agency billings.


             Disaster Assistance Direct Loan Program Account


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

[[Page 121 STAT. 2066]]

                      Flood Map Modernization Fund


    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3 percent of 
the total amount appropriated under this heading.


                      national flood insurance fund


                      (including transfer of funds)


    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1) 
not to exceed $45,642,000 for salaries and expenses associated with 
flood mitigation and flood insurance operations; and (2) no less than 
$99,358,000 for flood hazard mitigation, which shall be derived from 
offsetting collections assessed and collected under section 1307 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4014), to remain 
available until September 30, 2009, including up to $34,000,000 for 
flood mitigation expenses under section 1366 of that Act (42 U.S.C. 
4104c), which shall be available for transfer to the National Flood 
Mitigation Fund under section 1367 of that Act (42 U.S.C. 4104) until 
September 30, 2009: Provided, That any additional fees collected 
pursuant to section 1307 of that Act shall be credited as an offsetting 
collection to this account, to be available for flood hazard mitigation 
expenses: Provided further, That in fiscal year 2008, no funds shall be 
available from the National Flood Insurance Fund under section 1310 of 
that Act (42 U.S.C. 4017) in excess of: (1) $70,000,000 for operating 
expenses; (2) $773,772,000 for commissions and taxes of agents; (3) such 
sums as are necessary for interest on Treasury borrowings; and (4) 
$90,000,000 for flood mitigation actions with respect to severe 
repetitive loss properties under section 1361A of that Act (42 U.S.C. 
4102a) and repetitive insurance claims properties under section 1323 of 
that Act (42 U.S.C. 4030), which shall remain available until expended: 
Provided further, That total administrative costs shall not exceed 4 
percent of the total appropriation.


                     National Flood Mitigation Fund


                      (including transfer of funds)


    Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f), of section 1366 of the National Flood Insurance Act of 
1968, $34,000,000 (42 U.S.C. 4104c), to remain available until September 
30, 2009, for activities designed to reduce the risk of flood damage to 
structures pursuant to such Act, of which $34,000,000 shall be derived 
from the National Flood Insurance Fund.


                  national predisaster mitigation fund


    For a predisaster mitigation grant program under title II of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131 et seq.), $114,000,000, to remain available

[[Page 121 STAT. 2067]]

until expended: Provided, That grants made for predisaster mitigation 
shall be awarded subject to the criteria in section 203(g) of such Act 
(42 U.S.C. 5133(g)): Provided further, That the total administrative 
costs associated with such grants shall not exceed 3 percent of the 
total amount made available under this heading.


                       emergency food and shelter


    To carry out an emergency food and shelter program pursuant to title 
III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et 
seq.), $153,000,000, to remain available until expended: Provided, That 
total administrative costs shall not exceed 3.5 percent of the total 
amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$80,973,000: Provided, That of the amount provided under this heading, 
$80,000,000 is designated as described in section 5 (in the matter 
preceding division A of this consolidated Act): Provided 
further, <<NOTE: Security checks. Plan.>> That of the total, $20,000,000 
is provided to address backlogs of security checks associated with 
pending applications and petitions and shall not be available for 
obligation until the Secretary of Homeland Security and the United 
States Attorney General submit to the Committees on Appropriations of 
the Senate and the House of Representatives a plan to eliminate the 
backlog of security checks that establishes information sharing 
protocols to ensure United States Citizenship and Immigration Services 
has the information it needs to carry out its mission: Provided further, 
That notwithstanding any other provision of law, funds available to 
United States Citizenship and Immigration Services may be used to 
acquire, operate, equip, and dispose of up to five vehicles for areas 
where the Administrator of General Services does not provide vehicles 
for lease: Provided further, That the Director of United States 
Citizenship and Immigration Services may authorize employees who are 
assigned to those areas to use such vehicles between the employees' 
residences and places of employment.

                 Federal Law Enforcement Training Center


                          Salaries and Expenses


    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law enforcement 
basic training; purchase of not to exceed 117 vehicles for police-type 
use and hire of passenger motor vehicles; expenses for student athletic 
and related activities; the conduct of and participation in firearms 
matches and presentation of awards; public awareness and enhancement of 
community support of law enforcement training; room and board for 
student interns; a flat monthly reimbursement to employees authorized to 
use personal mobile phones for official duties; and services as 
authorized by section 3109 of title 5, United States Code; $238,076,000, 
of which up to $48,111,000 for materials and support costs of Federal

[[Page 121 STAT. 2068]]

law enforcement basic training shall remain available until September 
30, 2009; of which $300,000 shall remain available until expended for 
Federal law enforcement agencies participating in training 
accreditation, to be distributed as determined by the Federal Law 
Enforcement Training Center for the needs of participating agencies; and 
of which not to exceed $12,000 shall be for official reception and 
representation expenses: Provided, That of the amount provided under 
this heading, $17,000,000 is designated as described in section 5 (in 
the matter preceding division A of this consolidated Act): Provided 
further, That the Center is authorized to obligate funds in anticipation 
of reimbursements from agencies receiving training sponsored by the 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note) as amended by Public Law 109-295 (120 Stat. 
1374) is further amended by striking ``December 31, 2007'' and inserting 
``December 31, 2010''.


     Acquisitions, Construction, Improvements, and Related Expenses


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

                         Science and Technology


                      management and administration


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


           research, development, acquisition, and operations


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

[[Page 121 STAT. 2069]]

                    Domestic Nuclear Detection Office


                      management and administration


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


                  research, development, and operations


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


                           systems acquisition


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

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 503. (a) <<NOTE: Notifications. Deadlines.>> None of the funds 
provided by this Act, provided by previous appropriations Acts to the 
agencies in or transferred to the Department of Homeland Security that 
remain available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act,

[[Page 121 STAT. 2070]]

shall be available for obligation or expenditure through a reprogramming 
of funds that: (1) creates a new program, project, or activity; (2) 
eliminates a program, project, office, or activity; (3) increases funds 
for any program, project, or activity for which funds have been denied 
or restricted by the Congress; (4) proposes to use funds directed for a 
specific activity by either of the Committees on Appropriations of the 
Senate or the House of Representatives for a different purpose; or (5) 
contracts out any function or activity for which funding levels were 
requested for Federal full-time equivalents in the object classification 
tables contained in the fiscal year 2008 Budget Appendix for the 
Department of Homeland Security, as specified in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), unless the Committees on Appropriations of the 
Senate and the House of Representatives are notified 15 days in advance 
of such reprogramming of funds.

    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or expenditure 
in fiscal year 2008, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or 
expenditure for programs, projects, or activities through a 
reprogramming of funds in excess of $5,000,000 or 10 percent, whichever 
is less, that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by the 
Congress; or (3) results from any general savings from a reduction in 
personnel that would result in a change in existing programs, projects, 
or activities as approved by the Congress; unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such reprogramming of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protection of 
property.
    Sec. 504. None of the funds appropriated or otherwise made available 
to the Department of Homeland Security may be used to make payments to 
the ``Department of Homeland Security Working Capital Fund'', except for 
the activities and amounts allowed in the President's fiscal year 2008 
budget, excluding sedan service, shuttle service, transit subsidy, mail 
operations, parking, and competitive sourcing: 
Provided, <<NOTE: Approval. Deadline.>> That any additional activities

[[Page 121 STAT. 2071]]

and amounts shall be approved by the Committees on Appropriations of the 
Senate and the House of Representatives 30 days in advance of 
obligation.

    Sec. 505. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2008 from appropriations for salaries and expenses for 
fiscal year 2008 in this Act shall remain available through September 
30, 2009, in the account and for the purposes for which the 
appropriations were provided: Provided, <<NOTE: Approval request.>> That 
prior to the obligation of such funds, a request shall be submitted to 
the Committees on Appropriations of the Senate and the House of 
Representatives for approval in accordance with section 503 of this Act.

    Sec. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2008.
    Sec. 507. The Federal Law Enforcement Training Accreditation Board 
shall lead the Federal law enforcement training accreditation process, 
to include representatives from the Federal law enforcement community 
and non-Federal accreditation experts involved in law enforcement 
training, to continue the implementation of measuring and assessing the 
quality and effectiveness of Federal law enforcement training programs, 
facilities, and instructors.
    Sec. 508. <<NOTE: Notification. Deadline.>> None of the funds in 
this Act may be used to make a grant allocation, discretionary grant 
award, discretionary contract award, or to issue a letter of intent 
totaling in excess of $1,000,000, or to announce publicly the intention 
to make such an award, including a contract covered by the Federal 
Acquisition Regulation, unless the Secretary of Homeland Security 
notifies the Committees on Appropriations of the Senate and the House of 
Representatives at least three full business days in advance: Provided, 
That no notification shall involve funds that are not available for 
obligation: Provided further, That the notification shall include the 
amount of the award, the fiscal year in which the funds for the award 
were appropriated, and the account from which the funds are being drawn: 
Provided further, <<NOTE: Briefing. Deadline.>> That the Federal 
Emergency Management Agency shall brief the Committees on Appropriations 
of the Senate and the House of Representatives five full business days 
in advance of announcing publicly the intention of making an award of 
State Homeland Security grants; Urban Area Security Initiative grants; 
or Regional Catastrophic Preparedness Grants.

    Sec. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the House 
of Representatives, except that the Federal Law Enforcement Training 
Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these

[[Page 121 STAT. 2072]]

training centers are operated at the highest capacity throughout the 
fiscal year.
    Sec. 511. None of the funds appropriated or otherwise made available 
by this Act may be used for expenses for any construction, repair, 
alteration, or acquisition project for which a prospectus, if required 
under chapter 33 of title 40, United States Code, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed prospectus.
    Sec. 512. None of the funds in this Act may be used in contravention 
of the applicable provisions of the Buy American Act (41 U.S.C. 10a et 
seq.).
    Sec. 513. (a) <<NOTE: Certification. Reports.>> None of the funds 
provided by this or previous appropriations Acts may be obligated for 
deployment or implementation, on other than a test basis, of the Secure 
Flight program or any other follow-on or successor passenger 
prescreening program, until the Secretary of Homeland Security 
certifies, and the Government Accountability Office reports, to the 
Committees on Appropriations of the Senate and the House of 
Representatives, that all ten of the conditions contained in paragraphs 
(1) through (10) of section 522(a) of Public Law 108-334 (118 Stat. 
1319) have been successfully met.

    (b) <<NOTE: Deadline.>> The report required by subsection (a) shall 
be submitted within 90 days after the Secretary provides the requisite 
certification, and periodically thereafter, if necessary, until the 
Government Accountability Office confirms that all ten conditions have 
been successfully met.

    (c) <<NOTE: Deadline. Plan.>> Within 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a detailed plan that describes: (1) the dates for 
achieving key milestones, including the date or timeframes that the 
Secretary will certify the program under subsection (a); and (2) the 
methodology to be followed to support the Secretary's certification, as 
required under subsection (a).

    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (f) None of the funds provided in this or any other Act may be used 
for data or a database that is obtained from or remains under the 
control of a non-Federal entity: Provided, That this restriction shall 
not apply to Passenger Name Record data obtained from air carriers.
    Sec. 514. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 515. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary

[[Page 121 STAT. 2073]]

or term basis) of United States Citizenship and Immigration Services of 
the Department of Homeland Security who are known as of that date as 
Immigration Information Officers, Contact Representatives, or 
Investigative Assistants.
    Sec. 516. None of the funds appropriated to the United States Secret 
Service by this Act or by previous appropriations Acts may be made 
available for the protection of the head of a Federal agency other than 
the Secretary of Homeland Security: Provided, That the Director of the 
United States Secret Service may enter into an agreement to perform such 
service on a fully reimbursable basis.
    Sec. 517. Section 517(b) of the Department of Homeland Security 
Appropriations Act, 2007 (18 U.S.C. 3056 note) is amended to read as 
follows:
    ``(b) For fiscal year 2008, and each fiscal year thereafter, the 
Director of the United States Secret Service may enter into an agreement 
to perform protection of a Federal official other than a person granted 
protection under section 3056(a) of title 18, United States Code, on a 
fully reimbursable basis.''.
    Sec. 518. (a) The Secretary of Homeland Security shall research, 
develop, and procure new technologies to inspect and screen air cargo 
carried on passenger aircraft at the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) The Assistant Secretary (Transportation Security Administration) 
shall work with air carriers and airports to ensure that the screening 
of cargo carried on passenger aircraft, as defined in section 
44901(g)(5) of title 49, United States Code, increases incrementally 
each quarter.
    (d) <<NOTE: Deadline. Reports.>> Not later than 45 days after the 
end of each quarter, the Assistant Secretary (Transportation Security 
Administration) shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives a report on air cargo inspection 
statistics by airport and air carrier detailing the incremental progress 
being made to meet section 44901(g)(2) of title 49, United States Code.

    Sec. 519. None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under section 222 
of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct 
that changes be made to, delay, or prohibit the transmission to Congress 
of any report prepared under paragraph (6) of such section.
    Sec. 520. No funding made available to the Department of Homeland 
Security in this Act shall be available to pay the salary of any 
employee serving as a contracting officer's technical representative 
(COTR), or anyone acting in a similar capacity, who has not received 
COTR training.
    Sec. 521. Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' for fiscal years 2004, 2005, 2006, 
and 2007 that are recovered or deobligated shall be available only for 
the procurement or installation of explosives detection systems, for air 
cargo, baggage, and checkpoint screening

[[Page 121 STAT. 2074]]

systems, subject to notification: Provided, <<NOTE: Reports.>> That 
quarterly reports shall be submitted to the Committees on Appropriations 
of the Senate and the House of Representatives on any funds that are 
recovered or deobligated.

    Sec. 522. <<NOTE: Applicability.>> Section 525(d) of the Department 
of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 
Stat. 1382) shall apply to fiscal year 2008.

    Sec. 523. Any funds appropriated to United States Coast Guard, 
``Acquisition, Construction, and Improvements'' for fiscal years 2002, 
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion 
that are recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until expended 
for the Replacement Patrol Boat (FRC-B) program.
    Sec. 524. <<NOTE: 31 USC 501 note.>> The Department of Homeland 
Security Working Capital Fund, established pursuant to  section 403 of 
Public Law 103-356 (31 U.S.C. 501 note), shall continue operations 
during fiscal year 2008.

    Sec. 525. <<NOTE: Certification.>> None of the funds provided in 
this Act shall be available to commence operations of the National 
Applications Office or the National Immigration Information Sharing 
Operation until the Secretary certifies that these programs comply with 
all existing laws, including all applicable privacy and civil liberties 
standards, and that certification is reviewed by the Government 
Accountability Office.

    Sec. 526. <<NOTE: Deadline. Reports.>> Within 45 days after the 
close of each month, the Chief Financial Officer of the Department of 
Homeland Security shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a monthly budget and 
staffing report that includes total obligations, on-board versus funded 
full-time equivalent staffing levels, and the number of contract 
employees by office.

    Sec. 527. <<NOTE: 120 Stat. 1384.>> Section 532(a) of Public Law 
109-295 is amended by striking ``2007'' and inserting ``2008''.

    Sec. 528. None of the funds made available by this Act shall be used 
in contravention of the Federal buildings performance and reporting 
requirements of Executive Order No. 13123, part 3 of title V of the 
National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), or 
subtitle A of title I of the Energy Policy Act of 2005 (including the 
amendments made thereby).
    Sec. 529. The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 530. None of the funds made available in this Act may be used 
in contravention of section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212).
    Sec. 531. None of the funds made available by this Act may be used 
to take an action that would violate Executive Order No. 13149 (65 Fed. 
Reg. 24607; relating to greening the Government through Federal fleet 
and transportation efficiency).
    Sec. 532. <<NOTE: Applicability.>> Subsections (a), (b), and (d)(1) 
of section 6402 of the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 
110-28) shall apply to fiscal year 2008.

    Sec. 533. None of the funds provided by this or any other Act may be 
obligated for the development, testing, deployment,

[[Page 121 STAT. 2075]]

or operation of any system related to the MAX-HR project, or any 
subsequent but related human resources management project, until any 
pending litigation concerning such activities is resolved, and any legal 
claim or appeal by either party has been fully resolved.
    Sec. 534. Section 550 of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding at the 
end the following:
    ``(h) This section shall not preclude or deny any right of any State 
or political subdivision thereof to adopt or enforce any regulation, 
requirement, or standard of performance with respect to chemical 
facility security that is more stringent than a regulation, requirement, 
or standard of performance issued under this section, or otherwise 
impair any right or jurisdiction of any State with respect to chemical 
facilities within that State, unless there is an actual conflict between 
this section and the law of that State.''.
    Sec. 535. (a) Amendments Relating to the Civil Service Retirement 
System.--
            (1) Definitions.--Section 8331 of title 5, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (28), by striking the period at the end of the first 
                paragraph (29) and inserting a semicolon, by 
                redesignating the second paragraph (29) as paragraph 
                (30), and by striking the period at the end of paragraph 
                (30) (as so redesignated) and inserting ``; and''; and
                    (B) by adding at the end the following:
            ``(31) `customs and border protection officer' means an 
        employee in the Department of Homeland Security (A) who holds a 
        position within the GS-1895 job series (determined applying the 
        criteria in effect as of September 1, 2007) or any successor 
        position, and (B) whose duties include activities relating to 
        the arrival and departure of persons, conveyances, and 
        merchandise at ports of entry, including any such employee who 
        is transferred directly to a supervisory or administrative 
        position in the Department of Homeland Security after performing 
        such duties (as described in subparagraph (B)) in 1 or more 
        positions (as described in subparagraph (A)) for at least 3 
        years.''.
            (2) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, is amended--
                    (A) in subsection (a)(1)(A), by striking ``or 
                nuclear materials courier,'' and inserting ``nuclear 
                materials courier, or customs and border protection 
                officer,''; and
                    (B) in the table contained in subsection (c), by 
                adding at the end the following:

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


            (3) Mandatory separation.--The first sentence of section 
        8335(b)(1) of title 5, United States Code, is amended by 
        striking ``or nuclear materials courier'' and inserting 
        ``nuclear materials courier, or customs and border protection 
        officer''.
            (4) Immediate retirement.--Section 8336 of title 5, United 
        States Code, is amended--

[[Page 121 STAT. 2076]]

                    (A) in subsection (c)(1), by striking ``or nuclear 
                materials courier'' and inserting ``nuclear materials 
                courier, or customs and border protection officer''; and
                    (B) in subsections (m) and (n), by striking ``or as 
                a law enforcement officer,'' and inserting ``as a law 
                enforcement officer, or as a customs and border 
                protection officer,''.

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

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


            (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
        of section 8423(a) of title 5, United States Code, are amended 
        by inserting ``customs and border protection officers,'' after 
        ``nuclear materials couriers,'' each place it appears.
            (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
        United States Code, is amended--
                    (A) by striking ``or nuclear materials courier who'' 
                and inserting ``nuclear materials courier, or customs 
                and border protection officer who''; and
                    (B) by striking ``or nuclear materials courier,'' 
                and inserting ``nuclear materials courier, or customs 
                and border protection officer''.

    (c) Maximum Age for Original Appointment.--Section 3307 of title 5, 
United States Code, is amended by adding at the end the following:

[[Page 121 STAT. 2077]]

    ``(g) The Secretary of Homeland Security may determine and fix the 
maximum age limit for an original appointment to a position as a customs 
and border protection officer, as defined by section 8401(36).''.
    (d) Regulations.--Any <<NOTE: 5 USC 3307 note.>> regulations 
necessary to carry out the amendments made by this section shall be 
prescribed by the Director of the Office of Personnel Management in 
consultation with the Secretary of Homeland Security.

    (e) Effective Date; <<NOTE: 5 USC 3307 note.>> Transition Rules.--
            (1) Effective date.--The amendments made by this section 
        shall become effective on the later of June 30, 2008, or the 
        first day of the first pay period beginning at least 6 months 
        after the date of the enactment of this Act.
            (2) Transition rules.--
                    (A) Nonapplicability of mandatory separation 
                provisions to certain individuals.--The amendments made 
                by subsections (a)(3) and (b)(6), respectively, shall 
                not apply to an individual first appointed as a customs 
                and border protection officer before the effective date 
                under paragraph (1).
                    (B) Treatment of prior cbpo service.--
                          (i) General rule.--Except as provided in 
                      clause (ii), nothing in this section or any 
                      amendment made by this section shall be considered 
                      to apply with respect to any service performed as 
                      a customs and border protection officer before the 
                      effective date under paragraph (1).
                          (ii) Exception.--Service described in section 
                      8331(31) or 8401(36) of title 5, United States 
                      Code (as amended by this section) rendered before 
                      the effective date under paragraph (1) may be 
                      taken into account to determine if an individual 
                      who is serving on or after such effective date 
                      then qualifies as a customs and border protection 
                      officer by virtue of holding a supervisory or 
                      administrative position in the Department of 
                      Homeland Security.
                    (C) Minimum annuity amount.--The annuity of an 
                individual serving as a customs and border protection 
                officer on the effective date under paragraph (1) 
                pursuant to an appointment made before that date shall, 
                to the extent that its computation is based on service 
                rendered as a customs and border protection officer on 
                or after that date, be at least equal to the amount that 
                would be payable--
                          (i) to the extent that such service is subject 
                      to the Civil Service Retirement System, by 
                      applying section 8339(d) of title 5, United States 
                      Code, with respect to such service; and
                          (ii) to the extent such service is subject to 
                      the Federal Employees' Retirement System, by 
                      applying section 8415(d) of title 5, United States 
                      Code, with respect to such service.
                    (D) Rule of construction.--Nothing in the amendment 
                made by subsection (c) shall be considered to apply with 
                respect to any appointment made before the effective 
                date under paragraph (1).
            (3) Election.--

[[Page 121 STAT. 2078]]

                    (A) Incumbent defined.--For purposes of this 
                paragraph, the term ``incumbent'' means an individual 
                who is serving as a customs and border protection 
                officer on the date of the enactment of this Act.
                    (B) Notice requirement.--
                Not <<NOTE: Deadline.>> later than 30 days after the 
                date of the enactment of this Act, the Director of the 
                Office of Personnel Management shall take measures 
                reasonably designed to ensure that incumbents are 
                notified as to their election rights under this 
                paragraph, and the effect of making or not making a 
                timely election.
                    (C) Election available to incumbents.--
                          (i) In general.--An incumbent may elect, for 
                      all purposes, either--
                                    (I) to be treated in accordance with 
                                the amendments made by subsection (a) or 
                                (b), as applicable; or
                                    (II) to be treated as if subsections 
                                (a) and (b) had never been enacted.
                      Failure to make a timely election under this 
                      paragraph shall be treated in the same way as an 
                      election made under subclause (I) on the last day 
                      allowable under clause (ii).
                          (ii) Deadline.--An election under this 
                      paragraph shall not be effective unless it is made 
                      at least 14 days before the effective date under 
                      paragraph (1).
            (4) Definition.--For purposes of this subsection, the term 
        ``customs and border protection officer'' has the meaning given 
        such term by section 8331(31) or 8401(36) of title 5, United 
        States Code (as amended by this section).
            (5) Exclusion.--Nothing in this section or any amendment 
        made by this section shall be considered to afford any election 
        or to otherwise apply with respect to any individual who, as of 
        the day before the date of the enactment of this Act--
                    (A) holds a position within U.S. Customs and Border 
                Protection; and
                    (B) is considered a law enforcement officer for 
                purposes of subchapter III of chapter 83 or chapter 84 
                of title 5, United States Code, by virtue of such 
                position.

    Sec. 536. In fiscal year 2008, none of the funds made available in 
this or any other Act may be used to enforce section 4025(1) of Public 
Law 108-458 unless the Assistant Secretary (Transportation Security 
Administration) reverses the determination of July 19, 2007, that butane 
lighters are not a significant threat to civil aviation security.
    Sec. 537. None of the funds provided in this Act may be used to 
alter or reduce operations within the Civil Engineering Program of the 
Coast Guard nationwide, including the civil engineering units, 
facilities, design and construction centers, maintenance and logistics 
command centers, and the Coast Guard Academy, except as specifically 
authorized by a statute enacted after the date of the enactment of this 
Act.
    Sec. 538. The cumulative amount appropriated in title I of this Act 
for the ``Office of the Secretary and Executive Management'' and the 
``Office of the Under Secretary for Management'' shall be reduced by 
$5,000,000.
    Sec. 539. (a) Except as provided in subsection (b), none of the 
funds appropriated in this Act to the Office of the Secretary

[[Page 121 STAT. 2079]]

and Executive Management, the Office of the Under Secretary for 
Management and the Office of the Chief Financial Officer, may be 
obligated for a grant or contract awarded by a means other than full and 
open competition.
    (b) This section does not apply to obligation of funds for a 
contract awarded--
            (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a mandated 
        preferential program, such as the AbilityOne Program, that is 
        authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c); 
        or
            (2) under the Small Business Act (15 U.S.C. 631 et seq.).

    (c) The Secretary of Homeland Security may waive the application of 
this section to the award of a contract in the period of a national 
emergency determined by the Secretary.
    (d) In addition to the requirements established by this section, the 
Inspector General for the Department of Homeland Security shall review 
departmental contracts awarded through other than full and open 
competition to assess departmental compliance with applicable laws and 
regulations: Provided, That the Inspector General shall review selected 
contracts awarded during the previous fiscal year through other than 
full and open competition: Provided further, That in determining which 
contracts to review, the Inspector General shall consider the cost and 
complexity of the goods and services to be provided under the contract, 
the criticality of the contract to fulfilling Department missions, past 
performance problems on similar contracts or by the selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the Inspector General deems relevant: Provided 
further, <<NOTE: Reports.>> That the Inspector General shall report the 
results of the reviews to the Committees on Appropriations of the Senate 
and the House of Representatives.

    Sec. 540. Section 44940(a)(2) of title 49, United States Code, is 
amended by striking the period in the last sentence of subparagraph (A) 
and the clause (iv) of subparagraph B and adding the following, ``except 
for estimates and additional collections made pursuant to the 
appropriation for Aviation Security in Public Law 108-334: Provided, 
That such judicial review shall be pursuant to section 46110 of title 
49, United States Code: Provided further, That such judicial review 
shall be limited only to additional amounts collected by the Secretary 
before October 1, 2007.''.
    Sec. 541. None of the funds provided by this or previous 
appropriations Acts shall be used to fund any position designated as a 
Principal Federal Official for any Robert T. Stafford Disaster Relief 
and Emergency Assistance Act declared disasters or emergencies.
    Sec. 542. Section 46301(a) of title 49, United States Code, is 
amended by adding at the end the following:
            ``(6) Failure 
        To <<NOTE: Notification. Deadline. Penalties.>> Collect Airport 
        Security Badges.--Notwithstanding paragraph (1), any employer 
        (other than a governmental entity or airport operator) who 
        employs an employee to whom an airport security badge or other 
        identifier used to obtain access to a secure area of an airport 
        is issued before, on, or after the date of enactment of this 
        paragraph and who does not collect or make reasonable efforts to 
        collect such badge from the employee on the date that the 
        employment of the employee is terminated and does not notify the 
        operator

[[Page 121 STAT. 2080]]

        of the airport of such termination within 24 hours of the date 
        of such termination shall be liable to the Government for a 
        civil penalty not to exceed $10,000.''.

    Sec. 543. None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the grant of the benefit have been received 
by United States Citizenship and Immigration Services, and the results 
do not preclude the grant of the benefit.
    Sec. 544. None of the funds made available in this Act may be used 
to destroy or put out to pasture any horse or other equine belonging to 
the Federal Government that has become unfit for service, unless the 
trainer or handler is first given the option to take possession of the 
equine through an adoption program that has safeguards against slaughter 
and inhumane treatment.
    Sec. 545. Extension of the Implementation Deadline for the Western 
Hemisphere Travel Initiative. Subparagraph (A) of section 7209(b)(1) of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 
108-458; 8 U.S.C. 1185 note) is amended by striking ``This plan shall be 
implemented not later than 3 months after the Secretary of State and the 
Secretary of Homeland Security make the certifications required in 
subsection (B), or June 1, 2009, whichever is earlier.'' and inserting 
``Such plan may not be implemented earlier than the date that is the 
later of 3 months after the Secretary of State and the Secretary of 
Homeland Security make the certification required in subparagraph (B) or 
June 1, 2009.''.
    Sec. 546. None of the funds provided in this Act shall be available 
to carry out section 872 of Public Law 107-296.
    Sec. 547. <<NOTE: Certification.>> None of the funds provided in 
this Act under the heading ``Office of the Chief Information Officer'' 
shall be used for data center development other than for the National 
Center for Critical Information Processing and Storage until the Chief 
Information Officer certifies that the National Center for Critical 
Information Processing and Storage is fully utilized, to the maximum 
extent feasible, as the Department's primary data storage center at the 
highest capacity throughout the fiscal year.

    Sec. 548. None of the funds in this Act shall be used to reduce the 
United States Coast Guard's Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 549. None of the funds appropriated by this Act may be used to 
conduct, or to implement the results of, a competition under Office of 
Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 550. (a) Notwithstanding section 503 of this Act, up to 
$24,000,000 from prior year balances currently available to the 
Transportation Security Administration may be transferred to 
``Transportation Threat Assessment and Credentialing'' for the Secure 
Flight program.
    (b) In carrying out the transfer authority under subsection (a), the 
Transportation Security Administration shall not utilize any prior year 
balances from the following programs: screener partnership program; 
explosives detection system purchase; explosives detection system 
installation; checkpoint support; aviation regulation and other 
enforcement; air cargo; and air cargo research and

[[Page 121 STAT. 2081]]

development: Provided, <<NOTE: Expenditure plan.>> That any funds 
proposed to be transferred under this section shall not be available for 
obligation until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure for 
such funds that is submitted by the Secretary of Homeland Security: 
Provided further, That the plan shall be submitted simultaneously to the 
Government Accountability Office for review consistent with its ongoing 
assessment of the Secure Flight Program as mandated by section 522(a) of 
Public Law 108-334 (118 Stat. 1319).

    Sec. 551. Rescissions. (a) The following unobligated balances made 
available pursuant to section 505 of Public Law 109-295 are rescinded: 
$2,003,441 from U.S. Customs and Border Protection ``Salaries and 
Expenses''; $9,583,611 from Coast Guard ``Operating Expenses''; $672,230 
from ``United States Citizenship and Immigration Services''; $2,790,513 
from Federal Emergency Management Agency ``Management and 
Administration''; $127,994 from Federal Emergency Management Agency 
``Disaster Assistance Direct Loan Program Account''; $5,136,819 from 
U.S. Immigration and Customs Enforcement ``Salaries and Expenses''; 
$333,520 from Federal Law Enforcement Training Center ``Salaries and 
Expenses''; $4,211,376 from the ``Office of the Secretary and Executive 
Management''; $443,672 from the ``Office of the Under Secretary for 
Management''; $380,166 from the ``Office of the Chief Financial 
Officer''; $493,106 from the ``Office of the Chief Information 
Officer''; $368,166 from Domestic Nuclear Detection Office ``Management 
and Administration''; $45,369 from the ``Office of Health Affairs''; 
$32,299 from the ``Office of Inspector General''; $1,994,454 from 
National Protection and Programs Directorate ``Management and 
Administration''; and $216,727 from Science and Technology ``Management 
and Administration''.
    (b) From the unobligated balances of funds transferred to the 
Department of Homeland Security when it was created in 2003, $59,286,537 
are rescinded: Provided, That the rescission made under this subsection 
shall not be executed from the following programs: Coast Guard Retired 
Pay; U.S. Immigration and Customs Enforcement Violent Crime Reduction 
Program; Federal Law Enforcement Training Center Instructor Salaries; 
and Federal Emergency Management Agency National Security Support.
    (c) Of the amounts available under the heading ``Counterterrorism 
Fund'', $8,480,000 are rescinded.
    (d) Of the unobligated balances available in the ``Department of 
Homeland Security, Transportation Security Administration Expenses'' 
account, $4,500,000 are rescinded.
    Sec. 552. <<NOTE: Deadline.>> Notwithstanding any other provision of 
law, the Secretary of Homeland Security shall, under the Federal 
Emergency Management Agency Public Assistance Program, provide a single 
payment for any eligible costs for local educational agencies impacted 
by Hurricanes Katrina or Rita within 30 days of such request: Provided, 
That the payment for schools in Louisiana shall be submitted to the 
Louisiana Department of Education, which may expend up to 3 percent of 
those funds for administrative costs: Provided further, That the Federal 
Emergency Management Agency shall not reduce assistance in accordance 
with section 406(c)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act for local educational agencies impacted by 
Hurricanes Katrina or Rita: Provided further, That nothing in the 
previous proviso shall be construed to alter the appeals or review

[[Page 121 STAT. 2082]]

process: Provided further, That section 406(d) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act shall not apply to more 
than one facility on a school site impacted by Hurricanes Katrina or 
Rita.

    Sec. 553. Technical Corrections. (a) In General.--
            (1) Redesignations.--Chapter 27 of title 18, United States 
        Code, is amended by redesignating section 554 added by section 
        551(a) of the Department of Homeland Security Appropriations 
        Act, 2007 (Public Law 109-295; 120 Stat. 1389) (relating to 
        border tunnels and passages) as section 555.
            (2) Table of sections.--The table of sections for chapter 27 
        of title 18, United States Code, is amended by striking the item 
        relating to section 554, ``Border tunnels and passages'', and 
        inserting the following:

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

    (b) Criminal Forfeiture.--Section 982(a)(6) of title 18, United 
States Code, is amended by striking ``554'' and inserting ``555''.
    (c) Directive to the United States Sentencing Commission.--Section 
551(d) of the Department of Homeland Security Appropriations 
Act, <<NOTE: 28 USC 994 note.>> 2007 (Public Law 109-295; 120 Stat. 
1390) is amended in paragraphs (1) and (2)(A) by striking ``554'' and 
inserting ``555''.

    Sec. 554. Sections 2241, 2242, 2243, and 2244 of title 18, United 
States Code, are each amended by striking ``the Attorney General'' each 
place that term appears and inserting ``the head of any Federal 
department or agency''.
    Sec. 555. <<NOTE: Deadline. Websites. 5 USC app. 6 note.>> Not later 
than 30 days after the date of enactment of this Act--
            (1) the Secretary of Homeland Security shall establish and 
        maintain on the homepage of the website of the Department of 
        Homeland Security, a direct link to the website of the Office of 
        Inspector General of the Department of Homeland Security; and
            (2) the Inspector General of the Department of Homeland 
        Security shall establish and maintain on the homepage of the 
        website of the Office of Inspector General a direct link for 
        individuals to anonymously report waste, fraud, or abuse.

    Sec. 556. <<NOTE: Contracts.>> The Secretary of Homeland Security 
shall require that all contracts of the Department of Homeland Security 
that provide award fees link such fees to successful acquisition 
outcomes (which outcomes shall be specified in terms of cost, schedule, 
and performance).

    Sec. 557. None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the basic pilot program required under section 401 of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note).
    Sec. 558. None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the Federal 
Food, Drug, and Cosmetic Act: Provided, <<NOTE: Applicability.>> That 
this section shall apply only to individuals transporting on their 
person a personal-use quantity of the prescription

[[Page 121 STAT. 2083]]

drug, not to exceed a 90-day supply: Provided further, That the 
prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).

    Sec. 559. None of the funds made available in this Act may be used 
by the Secretary of Homeland Security or any delegate of the Secretary 
to issue any rule or regulation which implements the Notice of Proposed 
Rulemaking related to Petitions for Aliens To Perform Temporary 
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed. 
Reg. 3984 (January 27, 2005).
    Sec. 560. Notwithstanding any other provision of law, Watsonville 
Community Hospital, or its successor trust, shall not be required to pay 
the Federal Emergency Management Agency additional funds related to DR-
845.
    Sec. 561. <<NOTE: Louisiana.>> Notwithstanding any other provision 
of law, the Secretary of Homeland Security shall provide, under the 
Federal Emergency Management Agency Public Assistance Program, the 
relocation costs as estimated by the Federal Emergency Management Agency 
on May 5, 2006, for the Peebles School in Iberia Parish, Louisiana, 
which was damaged by Hurricane Rita in 2005.

    Sec. 562. Notwithstanding any other provision of law, the Secretary 
of Homeland Security shall provide, under the Federal Emergency 
Management Agency Public Assistance Program, the currently uncompensated 
debris removal costs from Super Typhoon Paka and the firefighting costs 
associated with the Malojloj hardfill fire in 1998.
    Sec. 563. Secure Handling of Ammonium Nitrate.--(a) In General.--
Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) 
is amended by adding at the end the following:

            ``Subtitle J--Secure Handling of Ammonium Nitrate

``SEC. 899A. <<NOTE: 6 USC 488.>> DEFINITIONS.

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

[[Page 121 STAT. 2084]]

``SEC. 899B. <<NOTE: 6 USC 488a.>> REGULATION OF THE SALE AND TRANSFER 
            OF AMMONIUM NITRATE.

    ``(a) In General.--The Secretary shall regulate the sale and 
transfer of ammonium nitrate by an ammonium nitrate facility in 
accordance with this subtitle to prevent the misappropriation or use of 
ammonium nitrate in an act of terrorism.
    ``(b) Ammonium Nitrate Mixtures.--
Not <<NOTE: Deadline. Notice. Comment period.>> later than 90 days after 
the date of the enactment of this subtitle, the Secretary, in 
consultation with the heads of appropriate Federal departments and 
agencies (including the Secretary of Agriculture), shall, after notice 
and an opportunity for comment, establish a threshold percentage for 
ammonium nitrate in a substance.

    ``(c) Registration of Owners of Ammonium Nitrate Facilities.--
            ``(1) Registration.--The Secretary shall establish a process 
        by which any person that--
                    ``(A) owns an ammonium nitrate facility is required 
                to register with the Department; and
                    ``(B) registers under subparagraph (A) is issued a 
                registration number for purposes of this subtitle.
            ``(2)  Registration information.--Any person applying to 
        register under paragraph (1) shall submit to the Secretary--
                    ``(A) the name, address, and telephone number of 
                each ammonium nitrate facility owned by that person;
                    ``(B) the name of the person designated by that 
                person as the point of contact for each such facility, 
                for purposes of this subtitle; and
                    ``(C) such other information as the Secretary may 
                determine is appropriate.

    ``(d) Registration of Ammonium Nitrate Purchasers.--
            ``(1) Registration.--The Secretary shall establish a process 
        by which any person that--
                    ``(A) intends to be an ammonium nitrate purchaser is 
                required to register with the Department; and
                    ``(B) registers under subparagraph (A) is issued a 
                registration number for purposes of this subtitle.
            ``(2)  Registration information.--Any person applying to 
        register under paragraph (1) as an ammonium nitrate purchaser 
        shall submit to the Secretary--
                    ``(A) the name, address, and telephone number of the 
                applicant; and
                    ``(B) the intended use of ammonium nitrate to be 
                purchased by the applicant.

    ``(e) Records.--
            ``(1) Maintenance of records.--The owner of an ammonium 
        nitrate facility shall--
                    ``(A) maintain a record of each sale or transfer of 
                ammonium nitrate, during the two-year period beginning 
                on the date of that sale or transfer; and
                    ``(B) include in such record the information 
                described in paragraph (2).
            ``(2) Specific information required.--For each sale or 
        transfer of ammonium nitrate, the owner of an ammonium nitrate 
        facility shall--
                    ``(A) record the name, address, telephone number, 
                and registration number issued under subsection (c) or 
                (d) of

[[Page 121 STAT. 2085]]

                each person that purchases ammonium nitrate, in a manner 
                prescribed by the Secretary;
                    ``(B) if applicable, record the name, address, and 
                telephone number of an agent acting on behalf of the 
                person described in subparagraph (A), at the point of 
                sale;
                    ``(C) record the date and quantity of ammonium 
                nitrate sold or transferred; and
                    ``(D) verify the identity of the persons described 
                in subparagraphs (A) and (B), as applicable, in 
                accordance with a procedure established by the 
                Secretary.
            ``(3) Protection of information.--In maintaining records in 
        accordance with paragraph (1), the owner of an ammonium nitrate 
        facility shall take reasonable actions to ensure the protection 
        of the information included in such records.

    ``(f) Exemption for Explosive Purposes.--The Secretary may exempt 
from this subtitle a person producing, selling, or purchasing ammonium 
nitrate exclusively for use in the production of an explosive under a 
license or permit issued under chapter 40 of title 18, United States 
Code.
    ``(g) Consultation.--In carrying out this section, the Secretary 
shall consult with the Secretary of Agriculture, States, and appropriate 
private sector entities, to ensure that the access of agricultural 
producers to ammonium nitrate is not unduly burdened.
    ``(h) Data Confidentiality.--
            ``(1) In general.--Notwithstanding section 552 of title 5, 
        United States Code, or the USA PATRIOT ACT (Public Law 107-56; 
        115 Stat. 272), and except as provided in paragraph (2), the 
        Secretary may not disclose to any person any information 
        obtained under this subtitle.
            ``(2) Exception.--The Secretary may disclose any information 
        obtained by the Secretary under this subtitle to--
                    ``(A) an officer or employee of the United States, 
                or a person that has entered into a contract with the 
                United States, who has a need to know the information to 
                perform the duties of the officer, employee, or person; 
                or
                    ``(B) to a State agency under section 899D, under 
                appropriate arrangements to ensure the protection of the 
                information.

    ``(i) Registration Procedures and Check of Terrorist Screening 
Database.--
            ``(1) Registration procedures.--
                    ``(A) Generally.--The Secretary shall establish 
                procedures to efficiently receive applications for 
                registration numbers under this subtitle, conduct the 
                checks required under paragraph (2), and promptly issue 
                or deny a registration number.
                    ``(B) Initial six-month registration period.--The 
                Secretary shall take steps to maximize the number of 
                registration applications that are submitted and 
                processed during the six-month period described in 
                section 899F(e).
            ``(2) Check of terrorist screening database.--
                    ``(A) Check required.--The Secretary shall conduct a 
                check of appropriate identifying information of any 
                person seeking to register with the Department under 
                subsection (c) or (d) against identifying information 
                that appears in the terrorist screening database of the 
                Department.

[[Page 121 STAT. 2086]]

                    ``(B) Authority to deny registration number.--If the 
                identifying information of a person seeking to register 
                with the Department under subsection (c) or (d) appears 
                in the terrorist screening database of the Department, 
                the Secretary may deny issuance of a registration number 
                under this subtitle.
            ``(3) Expedited <<NOTE: Deadline.>> review of 
        applications.--
                    ``(A) In general.--Following the six-month period 
                described in section 899F(e), the Secretary shall, to 
                the extent practicable, issue or deny registration 
                numbers under this subtitle not later than 72 hours 
                after the time the Secretary receives a complete 
                registration application, unless the Secretary 
                determines, in the interest of national security, that 
                additional time is necessary to review an application.
                    ``(B) Notice of application status.--In all cases, 
                the Secretary shall notify a person seeking to register 
                with the Department under subsection (c) or (d) of the 
                status of the application of that person not later than 
                72 hours after the time the Secretary receives a 
                complete registration application.
            ``(4) Expedited appeals process.--
                    ``(A) Requirement.--
                          ``(i) Appeals process.--The Secretary shall 
                      establish an expedited appeals process for persons 
                      denied a registration number under this subtitle.
                          ``(ii) Time period for resolution.--The 
                      Secretary shall, to the extent practicable, 
                      resolve appeals not later than 72 hours after 
                      receiving a complete request for appeal unless the 
                      Secretary determines, in the interest of national 
                      security, that additional time is necessary to 
                      resolve an appeal.
                    ``(B) Consultation.--The Secretary, in developing 
                the appeals process under subparagraph (A), shall 
                consult with appropriate stakeholders.
                    ``(C) Guidance.--The Secretary shall provide 
                guidance regarding the procedures and information 
                required for an appeal under subparagraph (A) to any 
                person denied a registration number under this subtitle.
            ``(5) Restrictions on use and maintenance of information.--
                    ``(A) In general.--Any information constituting 
                grounds for denial of a registration number under this 
                section shall be maintained confidentially by the 
                Secretary and may be used only for making determinations 
                under this section.
                    ``(B) Sharing of information.--Notwithstanding any 
                other provision of this subtitle, the Secretary may 
                share any such information with Federal, State, local, 
                and tribal law enforcement agencies, as appropriate.
            ``(6) Registration information.--
                    ``(A) Authority to require information.--The 
                Secretary may require a person applying for a 
                registration number under this subtitle to submit such 
                information as may be necessary to carry out the 
                requirements of this section.

[[Page 121 STAT. 2087]]

                    ``(B) Requirement to update information.--The 
                Secretary may require persons issued a registration 
                under this subtitle to update registration information 
                submitted to the Secretary under this subtitle, as 
                appropriate.
            ``(7) Re-checks against terrorist screening database.--
                    ``(A) Re-checks.--The Secretary shall, as 
                appropriate, recheck persons provided a registration 
                number pursuant to this subtitle against the terrorist 
                screening database of the Department, and may revoke 
                such registration number if the Secretary determines 
                such person may pose a threat to national security.
                    ``(B) Notice of revocation.--The Secretary shall, as 
                appropriate, provide prior notice to a person whose 
                registration number is revoked under this section and 
                such person shall have an opportunity to appeal, as 
                provided in paragraph (4).

``SEC. 899C. <<NOTE: 6 USC 488b.>> INSPECTION AND AUDITING OF RECORDS.

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

``SEC. 899D. <<NOTE: 6 USC 488c.>> ADMINISTRATIVE PROVISIONS.

    ``(a) Cooperative Agreements.--The Secretary--
            ``(1) may enter into a cooperative agreement with the 
        Secretary of Agriculture, or the head of any State department of 
        agriculture or its designee involved in agricultural regulation, 
        in consultation with the State agency responsible for homeland 
        security, to carry out the provisions of this subtitle; and
            ``(2) wherever possible, shall seek to cooperate with State 
        agencies or their designees that oversee ammonium nitrate 
        facility operations when seeking cooperative agreements to 
        implement the registration and enforcement provisions of this 
        subtitle.

    ``(b) Delegation.--
            ``(1) Authority.--The Secretary may delegate to a State the 
        authority to assist the Secretary in the administration and 
        enforcement of this subtitle.
            ``(2) Delegation required.--At the request of a Governor of 
        a State, the Secretary shall delegate to that State the 
        authority to carry out functions under sections 899B and 899C, 
        if the Secretary determines that the State is capable of 
        satisfactorily carrying out such functions.
            ``(3) Funding.--Subject to the availability of 
        appropriations, if the Secretary delegates functions to a State 
        under this subsection, the Secretary shall provide to that State 
        sufficient funds to carry out the delegated functions.

    ``(c) Provision of Guidance and Notification Materials to Ammonium 
Nitrate Facilities.--
            ``(1) Guidance.--The Secretary shall make available to each 
        owner of an ammonium nitrate facility registered under section 
        899B(c)(1) guidance on--
                    ``(A) the identification of suspicious ammonium 
                nitrate purchases or transfers or attempted purchases or 
                transfers;
                    ``(B) the appropriate course of action to be taken 
                by the ammonium nitrate facility owner with respect to 
                such

[[Page 121 STAT. 2088]]

                a purchase or transfer or attempted purchase or 
                transfer, including--
                          ``(i) exercising the right of the owner of the 
                      ammonium nitrate facility to decline sale of 
                      ammonium nitrate; and
                          ``(ii) notifying appropriate law enforcement 
                      entities; and
                    ``(C) additional subjects determined appropriate to 
                prevent the misappropriation or use of ammonium nitrate 
                in an act of terrorism.
            ``(2) Use of materials and programs.--In providing guidance 
        under this subsection, the Secretary shall, to the extent 
        practicable, leverage any relevant materials and programs.
            ``(3) Notification materials.--
                    ``(A) In general.--The Secretary shall make 
                available materials suitable for posting at locations 
                where ammonium nitrate is sold.
                    ``(B) Design of materials.--Materials made available 
                under subparagraph (A) shall be designed to notify 
                prospective ammonium nitrate purchasers of--
                          ``(i) the record-keeping requirements under 
                      section 899B; and
                          ``(ii) the penalties for violating such 
                      requirements.

``SEC. 899E. <<NOTE: 6 USC 488d.>> THEFT REPORTING REQUIREMENT.

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

``SEC. 899F. <<NOTE: 6 USC 488e.>> PROHIBITIONS AND PENALTY.

    ``(a) Prohibitions.--
            ``(1) Taking possession.--No person shall purchase ammonium 
        nitrate from an ammonium nitrate facility unless such person is 
        registered under subsection (c) or (d) of section 899B, or is an 
        agent of a person registered under subsection (c) or (d) of that 
        section.
            ``(2) Transferring possession.--An owner of an ammonium 
        nitrate facility shall not transfer possession of ammonium 
        nitrate from the ammonium nitrate facility to any ammonium 
        nitrate purchaser who is not registered under subsection (c) or 
        (d) of section 899B, or to any agent acting on behalf of an 
        ammonium nitrate purchaser when such purchaser is not registered 
        under subsection (c) or (d) of section 899B.
            ``(3) Other prohibitions.--No person shall--
                    ``(A) purchase ammonium nitrate without a 
                registration number required under subsection (c) or (d) 
                of section 899B;
                    ``(B) own or operate an ammonium nitrate facility 
                without a registration number required under section 
                899B(c); or
                    ``(C) fail to comply with any requirement or violate 
                any other prohibition under this subtitle.

[[Page 121 STAT. 2089]]

    ``(b) Civil Penalty.--A person that violates this subtitle may be 
assessed a civil penalty by the Secretary of not more than $50,000 per 
violation.
    ``(c) Penalty Considerations.--In determining the amount of a civil 
penalty under this section, the Secretary shall consider--
            ``(1) the nature and circumstances of the violation;
            ``(2) with respect to the person who commits the violation, 
        any history of prior violations, the ability to pay the penalty, 
        and any effect the penalty is likely to have on the ability of 
        such person to do business; and
            ``(3) any other matter that the Secretary determines that 
        justice requires.

    ``(d) Notice and Opportunity for a Hearing.--No civil penalty may be 
assessed under this subtitle unless the person liable for the penalty 
has been given notice and an opportunity for a hearing on the violation 
for which the penalty is to be assessed in the county, parish, or 
incorporated city of residence of that person.
    ``(e) Delay in <<NOTE: Regulations.>> Application of Prohibition.--
Paragraphs (1) and (2) of subsection (a) shall apply on and after the 
date that is 6 months after the date that the Secretary issues a final 
rule implementing this subtitle.

``SEC. 899G. <<NOTE: 6 USC 488f.>> PROTECTION FROM CIVIL LIABILITY.

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

``SEC. 899H. <<NOTE: 6 USC 488g.>> PREEMPTION OF OTHER LAWS.

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

``SEC. 899I. <<NOTE: 6 USC 488h.>> DEADLINES FOR REGULATIONS.

    ``The Secretary--

[[Page 121 STAT. 2090]]

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

``SEC. 899J. <<NOTE: 6 USC 488i.>> AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary--
            ``(1) $2,000,000 for fiscal year 2008; and
            ``(2) $10,750,000 for each of fiscal years 2009 through 
        2012.''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 899 
the following:

            ``Subtitle J--Secure Handling of Ammonium Nitrate

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

    Sec. 564. Improvement of Barriers at Border. (a) Section 102 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1103 note) is amended--
            (1) in subsection (a), by striking ``Attorney General, in 
        consultation with the Commissioner of Immigration and 
        Naturalization,'' and inserting ``Secretary of Homeland 
        Security''; and
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking ``in the 
                Border Area'' and inserting ``Along the Border'';
                    (B) in paragraph (1)--
                          (i) in the heading, by striking ``Security 
                      features'' and inserting ``Additional fencing 
                      along southwest border''; and
                          (ii) by striking subparagraphs (A) through (C) 
                      and inserting the following:
                    ``(A) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland Security shall 
                construct reinforced fencing along not less than 700 
                miles of the southwest border where fencing would be 
                most practical and effective and provide for the 
                installation of additional physical barriers, roads, 
                lighting, cameras, and sensors to gain operational 
                control of the southwest border.
                    ``(B) Priority areas.--In carrying out this section, 
                the Secretary of Homeland Security shall--
                          ``(i) <<NOTE: Expiration date.>> identify the 
                      370 miles, or other mileage determined by the 
                      Secretary, whose authority to determine other 
                      mileage shall expire on December 31, 2008, along 
                      the southwest border where fencing would be most 
                      practical and effective in deterring smugglers and 
                      aliens attempting to gain illegal entry into the 
                      United States; and

[[Page 121 STAT. 2091]]

                          ``(ii) <<NOTE: Deadline.>> not later than 
                      December 31, 2008, complete construction of 
                      reinforced fencing along the miles identified 
                      under clause (i).
                    ``(C) Consultation.--
                          ``(i) In general.--In carrying out this 
                      section, the Secretary of Homeland Security shall 
                      consult with the Secretary of the Interior, the 
                      Secretary of Agriculture, States, local 
                      governments, Indian tribes, and property owners in 
                      the United States to minimize the impact on the 
                      environment, culture, commerce, and quality of 
                      life for the communities and residents located 
                      near the sites at which such fencing is to be 
                      constructed.
                          ``(ii) Savings provision.--Nothing in this 
                      subparagraph may be construed to--
                                    ``(I) create or negate any right of 
                                action for a State, local government, or 
                                other person or entity affected by this 
                                subsection; or
                                    ``(II) affect the eminent domain 
                                laws of the United States or of any 
                                State.
                    ``(D) Limitation on requirements.--Notwithstanding 
                subparagraph (A), nothing in this paragraph shall 
                require the Secretary of Homeland Security to install 
                fencing, physical barriers, roads, lighting, cameras, 
                and sensors in a particular location along an 
                international border of the United States, if the 
                Secretary determines that the use or placement of such 
                resources is not the most appropriate means to achieve 
                and maintain operational control over the international 
                border at such location.''; and
                    (C) in paragraph (4), by striking ``to carry out 
                this subsection not to exceed $12,000,000'' and 
                inserting ``such sums as may be necessary to carry out 
                this subsection''.

    (b) No funds appropriated in this Act for U.S. Customs and Border 
Protection ``Border Security Fencing, Infrastructure, and Technology'' 
may be obligated unless the Secretary of Homeland Security has complied 
with section 102(b)(2)(C)(i) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) as amended by 
subsection (a)(2).
    Sec. 565. International Registered Traveler Program. Section 
7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of 
2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:
            ``(3) International registered traveler program.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish an international registered 
                traveler program that incorporates available 
                technologies, such as biometrics and e-passports, and 
                security threat assessments to expedite the screening 
                and processing of international travelers, including 
                United States Citizens and residents, who enter and exit 
                the United States. The program shall be coordinated with 
                the United States Visitor and Immigrant Status Indicator 
                Technology program, other pre-screening initiatives, and 
                the Visa Waiver Program.
                    ``(B) Fees.--The Secretary may impose a fee for the 
                program established under subparagraph (A) and may 
                modify such fee from time to time. The fee may not 
                exceed the aggregate costs associated with the program 
                and shall be credited to the Department of Homeland 
                Security for

[[Page 121 STAT. 2092]]

                purposes of carrying out the program. Amounts so 
                credited shall remain available until expended.
                    ``(C) Rulemaking.--Within 
                365 <<NOTE: Deadline.>> days after the date of enactment 
                of this paragraph, the Secretary shall initiate a 
                rulemaking to establish the program, criteria for 
                participation, and the fee for the program.
                    ``(D) Implementation.--Not <<NOTE: Deadline.>> later 
                than 2 years after the date of enactment of this 
                paragraph, the Secretary shall establish a phased-
                implementation of a biometric-based international 
                registered traveler program in conjunction with the 
                United States Visitor and Immigrant Status Indicator 
                Technology entry and exit system, other pre-screening 
                initiatives, and the Visa Waiver Program at United 
                States airports with the highest volume of international 
                travelers.
                    ``(E) Participation.--The Secretary shall ensure 
                that the international registered traveler program 
                includes as many participants as practicable by--
                          ``(i) establishing a reasonable cost of 
                      enrollment;
                          ``(ii) making program enrollment convenient 
                      and easily accessible; and
                          ``(iii) providing applicants with clear and 
                      consistent eligibility guidelines.''.

    Sec. 566. Shared Border Management. (a) Study.--The Comptroller 
General of the United States shall conduct a study on the Department of 
Homeland Security's use of shared border management to secure the 
international borders of the United States.
    (b) Report.--The Comptroller General shall submit a report to 
Congress that describes--
            (1) any negotiations, plans, or designs conducted by 
        officials of the Department of Homeland Security regarding the 
        practice of shared border management; and
            (2) the factors required to be in place for shared border 
        management to be successful.

    Sec. 567. None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national identification 
card.
    Sec. 568. Transportation Security Administration Acquisition 
Management Policy. (a) In General.--Section 114 of title 49, United 
States Code, is amended by striking subsection (o) and redesignating 
subsections (p) through (t) as subsections (o) through (s), 
respectively.
    (b) Effective Date.--The <<NOTE: 49 USC 114 note.>> amendment made 
by subsection (a) shall take effect 180 days after the date of enactment 
of this Act.

    Sec. 569. 
(a) <<NOTE: Deadline. President. Website. Reports.>> Notwithstanding any 
other provision of this Act, except as provided in subsection (b), and 
30 days after the date that the President determines whether to declare 
a major disaster because of an event and any appeal is completed, the 
Administrator shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Homeland Security 
of the House of Representatives, the Committee on Transportation and 
Infrastructure of the House of Representatives, the Committees on 
Appropriations of the Senate and the House of Representatives, and 
publish on the website of the Federal Emergency Management Agency, a 
report regarding that decision, which shall summarize

[[Page 121 STAT. 2093]]

damage assessment information used to determine whether to declare a 
major disaster.

    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).

    Sec. 570. If the Secretary of Homeland Security establishes a 
National Transportation Security Center of Excellence to conduct 
research and education activities, and to develop or provide 
professional security training, including the training of transportation 
employees and transportation professionals, the Mineta Transportation 
Institute at San Jose State University may be included as a member 
institution of such Center.
    Sec. 571. <<NOTE: Effective date. Biometric card. 49 USC 114 
note.>> Effective no later than ninety days after the date of enactment 
of this Act, the Transportation Security Administration shall permit 
approved members of Registered Traveler programs to satisfy fully the 
required identity verification procedures at security screening 
checkpoints by presenting a biometrically-secure Registered Traveler 
card in lieu of the government-issued photo identification document 
required of non-participants: Provided, <<NOTE: Applicability.>> That if 
their identity is not confirmed biometrically, the standard identity and 
screening procedures will apply: Provided 
further, <<NOTE: Notification. Deadline.>> That if the Assistant 
Secretary (Transportation Security Administration) determines this is a 
threat to civil aviation, then the Assistant Secretary (Transportation 
Security Administration) shall notify the Committees on Appropriations 
of the Senate and House of Representatives five days in advance of such 
determination and require Registered Travelers to present government-
issued photo identification documents in conjunction with a 
biometrically-secure Registered Traveler card.

    Sec. 572. Section 831(a) of the Homeland Security Act of 2002 (6 
U.S.C. 391(a)) is amended by striking ``During the 5-year period 
following the effective date of this Act'' and inserting ``Until 
September 30, 2008''.
    Sec. 573. (a) Rescission.--Of amounts previously made available from 
the Federal Emergency Management Agency ``Disaster Relief'' to the State 
of Mississippi pursuant to section 404 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) for 
Hurricane Katrina, $20,000,000 are rescinded.
    (b) Appropriation.--For Federal Emergency Management Agency ``State 
and Local Programs'', there is appropriated an additional $20,000,000, 
to remain available until expended, for a grant to the State of 
Mississippi for an interoperable communications system required in the 
aftermath of Hurricane Katrina: Provided, That this entire amount is 
designated as described in section 5 (in the matter preceding division A 
of this consolidated Act).

[[Page 121 STAT. 2094]]

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

           BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

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

    This title may be cited as the ``Border Infrastructure and 
Technology Modernization Act of 2007''.
    Sec. 602. Definitions.--In <<NOTE: 6 USC 1401.>> this title:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection of the 
        Department of Homeland Security.
            (2) Maquiladora.--The term ``maquiladora'' means an entity 
        located in Mexico that assembles and produces goods from 
        imported parts for export to the United States.
            (3) Northern border.--The term ``northern border'' means the 
        international border between the United States and Canada.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Homeland Security.
            (5) Southern border.--The term ``southern border'' means the 
        international border between the United States and Mexico.

    Sec. 603. Port of Entry Infrastructure Assessment Study.--(a) 
Requirement To Update.--Not <<NOTE: Deadline. 6 USC 1402.>> later than 
January 31 of every other year, the Commissioner, in consultation with 
the Administrator of General Services shall--
            (1) review--
                    (A) the Port of Entry Infrastructure Assessment 
                Study prepared by the United States Customs Service, the 
                Immigration and Naturalization Service, and the General 
                Services Administration in accordance with the matter 
                relating to the ports of entry infrastructure assessment 
                set forth in the joint explanatory statement on page 67 
                of conference report 106-319, accompanying Public Law 
                106-58; and
                    (B) the nationwide strategy to prioritize and 
                address the infrastructure needs at the land ports of 
                entry prepared by the Department of Homeland Security 
                and the General Services Administration in accordance 
                with the committee recommendations on page 22 of Senate 
                report 108-86, accompanying Public Law 108-90;
            (2) update the assessment of the infrastructure needs of all 
        United States land ports of entry; and
            (3) submit an updated assessment of land port of entry 
        infrastructure needs to the Committees on Appropriations of the 
        Senate and the House of Representatives, the Senate Committee on 
        Environment and Public Works, the Senate Committee on Homeland 
        Security and Governmental Affairs, the House Committee on 
        Transportation and Infrastructure, and the House Committee on 
        Homeland Security.

    (b) Consultation.--In preparing the updated studies required under 
subsection (a), the Commissioner and the Administrator of General 
Services shall consult with the Director of the Office of Management and 
Budget, the Secretary, and affected State and local agencies on the 
northern and southern borders of the United States.

[[Page 121 STAT. 2095]]

    (c) Content.--Each updated study required in subsection (a) shall--
            (1) identify port of entry infrastructure and technology 
        improvement projects that would enhance border security and 
        facilitate the flow of legitimate commerce if implemented;
            (2) include the projects identified in the National Land 
        Border Security Plan required by section 604; and
            (3) prioritize the projects described in paragraphs (1) and 
        (2) based on the ability of a project--
                    (A) to enhance the ability of U.S. Customs and 
                Border Protection to achieve its mission and to support 
                operations;
                    (B) to fulfill security requirements; and
                    (C) facilitate trade across the borders of the 
                United States.

    (d) Project Implementation.--The Commissioner, as appropriate, 
shall--
            (1) implement the infrastructure and technology improvement 
        projects described in subsection (c) in the order of priority 
        assigned to each project under subsection (c)(3); or
            (2) forward the prioritized list of infrastructure and 
        technology improvement projects to the Administrator of General 
        Services for implementation in the order of priority assigned to 
        each project under subsection (c)(3).

    (e) Divergence From Priorities.--The Commissioner may diverge from 
the priority order if the Commissioner determines that significantly 
changed circumstances, including immediate security needs, changes in 
infrastructure in Mexico or Canada, or similar concerns, compellingly 
alter the need for a project in the United States.
    Sec. 604. National <<NOTE: 6 USC 1403.>> Land Border Security Plan. 
(a) Requirement for Plan.--Not <<NOTE: Deadline.>> later than January 31 
of every other year, the Secretary, acting through the Commissioner, 
shall prepare a National Land Border Security Plan and submit such plan 
to the Committees on Appropriations of the Senate and the House of 
Representatives, the Senate Committee on Environment and Public Works, 
the Senate Committee on Homeland Security and Governmental Affairs, the 
Senate Committee on the Judiciary, the House Committee on Transportation 
and Infrastructure, the House Committee on Homeland Security, and the 
House Committee on the Judiciary.

    (b) Consultation.--In preparing the plan required under subsection 
(a), the Commissioner shall consult with other appropriate Federal 
agencies, State and local law enforcement agencies, and private entities 
that are involved in international trade across the northern or southern 
border.
    (c) Vulnerability Assessment.--
            (1) In general.--The plan required under subsection (a) 
        shall include a vulnerability, risk, and threat assessment of 
        each port of entry located on the northern border or the 
        southern border.
            (2) Port security coordinators.--The Secretary, acting 
        through the Commissioner, may establish one or more port 
        security coordinators at each port of entry located on the 
        northern border or the southern border--
                    (A) to assist in conducting a vulnerability 
                assessment at such port; and

[[Page 121 STAT. 2096]]

                    (B) to provide other assistance with the preparation 
                of the plan required under subsection (a).

    (d) Coordination with the Secure Border Initiative.--The plan 
required under subsection (a) shall include a description of activities 
undertaken during the previous year as part of the Secure Border 
Initiative and actions planned for the coming year as part of the Secure 
Border Initiative.
    Sec. 605. Port of <<NOTE: 6 USC 1404.>> Entry Technology 
Demonstration Program. (a) Establishment.--The Secretary, acting through 
the Commissioner, shall carry out a technology demonstration program to 
test and evaluate new port of entry technologies, refine port of entry 
technologies and operational concepts, and train personnel under 
realistic conditions.

    (b) Technology Tested.--Under the demonstration program, the 
Commissioner shall test technologies that enhance port of entry 
operations, including those related to inspections, communications, port 
tracking, identification of persons and cargo, sensory devices, personal 
detection, decision support, and the detection and identification of 
weapons of mass destruction.
    (c) Demonstration Sites.--
            (1) Number.--The Commissioner shall carry out the 
        demonstration program at not less than three sites and not more 
        than five sites.
            (2) Location.--Of the sites selected under subsection (c)--
                    (A) at least one shall be located on the northern 
                border of the United States; and
                    (B) at least one shall be located on the southern 
                border of the United States.
            (3) Selection criteria.--To ensure that one of the 
        facilities selected as a port of entry demonstration site for 
        the demonstration program has the most up-to-date design, 
        contains sufficient space to conduct the demonstration program, 
        has a traffic volume low enough to easily incorporate new 
        technologies without interrupting normal processing activity, 
        and can efficiently carry out demonstration and port of entry 
        operations, one port of entry selected as a demonstration site 
        may--
                    (A) have been established not more than 15 years 
                before the date of the enactment of this Act;
                    (B) consist of not less than 65 acres, with the 
                possibility of expansion onto not less than 25 adjacent 
                acres; and
                    (C) have serviced an average of not more than 50,000 
                vehicles per month during the 12 months preceding the 
                date of the enactment of this Act.

    (d) Relationship With Other Agencies.--The Secretary, acting through 
the Commissioner, shall permit personnel from appropriate Federal 
agencies to utilize a demonstration site described in subsection (c) to 
test technologies that enhance port of entry operations, including those 
related to inspections, communications, port tracking, identification of 
persons and cargo, sensory devices, personal detection, decision 
support, and the detection and identification of weapons of mass 
destruction.
    (e) Report.--
            (1) Requirement.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary shall submit to the Committees on Appropriations of 
        the Senate and the House of Representatives, the Senate

[[Page 121 STAT. 2097]]

        Committee on Environment and Public Works, the Senate Committee 
        on Homeland Security and Governmental Affairs, the House 
        Committee on Transportation and Infrastructure, and the House 
        Committee on Homeland Security a report on the activities 
        carried out at each demonstration site under the technology 
        demonstration program established under this section.
            (2) Content.--The report shall include an assessment by the 
        Commissioner of the feasibility of incorporating any 
        demonstrated technology for use throughout U.S. Customs and 
        Border Protection.

    Sec. 606. Authorization of <<NOTE: 6 USC 1405.>> Appropriations. (a) 
In General.--In addition to any funds otherwise available, there are 
authorized to be appropriated such sums as may be necessary to carry out 
this title for fiscal years 2009 through 2013.

    (b) International Agreements.--Funds authorized to be appropriated 
under this title may be used for the implementation of projects 
described in the Declaration on Embracing Technology and Cooperation to 
Promote the Secure and Efficient Flow of People and Commerce across our 
Shared Border between the United States and Mexico, agreed to March 22, 
2002, Monterrey, Mexico (commonly known as the Border Partnership Action 
Plan) or the Smart Border Declaration between the United States and 
Canada, agreed to December 12, 2001, Ottawa, Canada that are consistent 
with the provisions of this title.
    This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2008''.

     DIVISION F--DEPARTMENT OF <<NOTE: Department of the Interior, 
   Environment, and Related Agencies Appropriations Act, 2008.>> THE 
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

                                 TITLE I

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $867,463,000, to remain 
available until expended, of which not to exceed $91,629,000 is 
available for oil and gas management; and of which $1,500,000 is for 
high priority projects, to be carried out by the Youth Conservation 
Corps; and of which $2,900,000 shall be available in fiscal year 2008 
subject to a match by at least an equal amount by the National Fish and 
Wildlife Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation as a 
lump sum grant without regard to when expenses are incurred.

[[Page 121 STAT. 2098]]

    In addition, $25,500,000 is for the processing of applications for 
permit to drill and related use authorizations, to remain available 
until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $4,000 per new 
application for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, $34,696,000 is for 
Mining Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available until 
expended, to be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as to result in a 
final appropriation estimated at not more than $867,463,000, and 
$2,000,000, to remain available until expended, from communication site 
rental fees established by the Bureau for the cost of administering 
communication site activities.


                              construction


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


                            land acquisition


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


                    oregon and california grant lands


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


                forest ecosystem health and recovery fund


                    (revolving fund, special account)


    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, implementing and monitoring 
salvage timber sales and forest ecosystem health and recovery 
activities, such as release from competing vegetation and density 
control treatments. The Federal share of receipts (defined as the 
portion of salvage timber receipts not

[[Page 121 STAT. 2099]]

paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et 
seq., and Public Law 106-393) derived from treatments funded by this 
account shall be deposited into the Forest Ecosystem Health and Recovery 
Fund.


                           range improvements


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


               service charges, deposits, and forfeitures


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


                        miscellaneous trust funds


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

[[Page 121 STAT. 2100]]

                        wildland fire management


                      (including transfer of funds)


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

[[Page 121 STAT. 2101]]

Provided further, That the Secretary of the Interior and the Secretary 
of Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$10,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management programs 
and projects: Provided further, That funds provided for wildfire 
suppression shall be available for support of Federal emergency response 
actions: Provided further, That Public Law 110-116, division B, section 
157(b)(2) <<NOTE: Ante, p. 1342.>> is amended by inserting after ``to 
other accounts'' the phrase ``and non-suppression budget activities''.

                        administrative provisions

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

    Sums not <<NOTE: 43 USC 1474f.>> to exceed 1 percent of the total 
value of procurements received by the Bureau of Land Management from 
vendors under enterprise information technology-procurements that the 
Department of the Interior and other Federal Government agencies may use 
to order information technology hereafter may be deposited into the 
Management of Lands and Resources account to offset costs incurred in 
conducting the procurement.

                 United States Fish and Wildlife Service

                           resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
maintenance of the herd of long-horned cattle on the Wichita Mountains 
Wildlife Refuge, general administration, and for the performance of 
other authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $1,099,772,000, to remain 
available until September 30, 2009 except as otherwise provided herein: 
Provided, That $2,500,000

[[Page 121 STAT. 2102]]

is for high priority projects, which shall be carried out by the Youth 
Conservation Corps: Provided further, That not to exceed $18,263,000 
shall be used for implementing subsections (a), (b), (c), and (e) of 
section 4 of the Endangered Species Act, as amended, for species that 
are indigenous to the United States (except for processing petitions, 
developing and issuing proposed and final regulations, and taking any 
other steps to implement actions described in subsection (c)(2)(A), 
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $9,926,000 shall 
be used for any activity regarding the designation of critical habitat, 
pursuant to subsection (a)(3), excluding litigation support, for species 
listed pursuant to subsection (a)(1) prior to October 1, 2007: Provided 
further, That of the amount available for law enforcement, up to 
$400,000, to remain available until expended, may at the discretion of 
the Secretary be used for payment for information, rewards, or evidence 
concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activity, authorized 
or approved by the Secretary and to be accounted for solely on the 
Secretary's certificate: Provided further, That of the amount provided 
for environmental contaminants, up to $1,000,000 may remain available 
until expended for contaminant sample analyses.


                              CONSTRUCTION


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

                            land acquisition

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


            cooperative endangered species conservation fund


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

[[Page 121 STAT. 2103]]

                      national wildlife refuge fund

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


                north american wetlands conservation fund


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


                 Neotropical Migratory Bird Conservation


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


                 multinational species conservation fund


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

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally-recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, $75,000,000, 
to remain available until expended: Provided, That of the amount 
provided herein, $6,282,000 is for a competitive grant program for 
Indian tribes not subject to the remaining provisions of this 
appropriation: Provided further, That $5,000,000 is for a competitive 
grant program for States, territories, and other jurisdictions with 
approved plans, not subject to the remaining provisions of this 
appropriation: Provided further, That the Secretary shall, after 
deducting said $11,282,000 and administrative expenses, apportion the 
amount provided herein in the following manner: (1) to the District of 
Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not 
more than one-half of 1 percent thereof; and (2) to Guam, American 
Samoa, the United States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary shall 
apportion the remaining amount in the following manner: (1) one-third of 
which is based on the ratio to which the land area of such State bears 
to the total land area of all such States; and (2) two-thirds of which 
is based on the ratio to which the population of such State bears to the 
total population of all such States:

[[Page 121 STAT. 2104]]

Provided further, That the amounts apportioned under this paragraph 
shall be adjusted equitably so that no State shall be apportioned a sum 
which is less than 1 percent of the amount available for apportionment 
under this paragraph for any fiscal year or more than 5 percent of such 
amount: Provided further, That the Federal share of planning grants 
shall not exceed 75 percent of the total costs of such projects and the 
Federal share of implementation grants shall not exceed 50 percent of 
the total costs of such projects: Provided further, That the non-Federal 
share of such projects may not be derived from Federal grant programs: 
Provided further, That no State, territory, or other jurisdiction shall 
receive a grant if its comprehensive wildlife conservation plan is 
disapproved and such funds that would have been distributed to such 
State, territory, or other jurisdiction shall be distributed equitably 
to States, territories, and other jurisdictions with approved plans: 
Provided further, That any amount apportioned in 2008 to any State, 
territory, or other jurisdiction that remains unobligated as of 
September 30, 2009, shall be reapportioned, together with funds 
appropriated in 2010, in the manner provided herein.


                        administrative provisions


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

[[Page 121 STAT. 2105]]

                          National Park Service

                  operation of the national park system

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


                          centennial challenge


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


                  national recreation and preservation


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

                       historic preservation fund


                     (including transfers of funds)


    For expenses necessary in carrying out the Historic Preservation Act 
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333), $71,500,000, to be 
derived from the Historic Preservation Fund and to remain available 
until September 30, 2009; of which $25,000,000 shall be for Save 
America's Treasures for preservation of nationally significant sites, 
structures, and artifacts: Provided, That any individual Save America's 
Treasures grant shall be

[[Page 121 STAT. 2106]]

matched by non-Federal funds; individual projects shall only be eligible 
for one grant; and all projects to be funded shall be approved by the 
Secretary of the Interior in consultation with the House and Senate 
Committees on Appropriations: Provided further, That Save America's 
Treasures funds allocated for Federal projects, following approval, 
shall be available by transfer to appropriate accounts of individual 
agencies.


                              Construction


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


                    land and water conservation fund


                              (rescission)


    The <<NOTE: 16 USC 460l-10a note.>> contract authority provided for 
fiscal year 2008 by 16 U.S.C. 460l-10a is rescinded.


                  land acquisition and state assistance


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

[[Page 121 STAT. 2107]]

                        administrative provisions

    For <<NOTE: 16 USC 5954 note.>> fiscal year 2008 and hereafter, if 
the Secretary of the Interior, or either party to a value determination 
proceeding conducted under a National Park Service concession contract 
issued prior to November 13, 1998, considers that the value 
determination decision issued pursuant to the proceeding misinterprets 
or misapplies relevant contractual requirements or their underlying 
legal authority, the Secretary or either party may seek, within 180 days 
of any such decision, the de novo review of the value determination 
decision by the United States Court of Federal Claims. This court may 
make an order affirming, vacating, modifying or correcting the 
determination decision.

    In addition to other uses set forth in section 407(d) of Public Law 
105-391, franchise fees credited to a sub-account shall be available for 
expenditure by the Secretary, without further appropriation, for use at 
any unit within the National Park System to extinguish or reduce 
liability for Possessory Interest or leasehold surrender interest. Such 
funds may only be used for this purpose to the extent that the 
benefiting unit anticipated franchise fee receipts over the term of the 
contract at that unit exceed the amount of funds used to extinguish or 
reduce liability. Franchise fees at the benefiting unit shall be 
credited to the sub-account of the originating unit over a period not to 
exceed the term of a single contract at the benefiting unit, in the 
amount of funds so expended to extinguish or reduce liability.
    A willing seller from whom the Service acquires title to real 
property may be considered a ``displaced person'' for purposes of the 
Uniform Relocation Assistance and Real Property Acquisition Policy Act 
and its implementing regulations, whether or not the Service has the 
authority to acquire such property by eminent domain.
    Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)), 
related to the National Park System Advisory Board, is amended in the 
first sentence by striking ``2007'' and inserting ``2009''.

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
related purposes as authorized by law; and to publish and disseminate 
data relative to the foregoing activities; $1,022,430,000, to remain 
available until September 30, 2009, of which $63,845,000 shall be 
available only for cooperation with States or municipalities for water 
resources investigations; of which $40,150,000 shall remain available 
until expended for satellite operations; and of which $8,023,000 shall 
be available until expended for deferred maintenance and capital

[[Page 121 STAT. 2108]]

improvement projects: Provided, That none of the funds provided for the 
biological research activity shall be used to conduct new surveys on 
private property, unless specifically authorized in writing by the 
property owner: Provided further, <<NOTE: 43 USC 50.>> That no part of 
this appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        administrative provisions

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

                       Minerals Management Service


                royalty and offshore minerals management


    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable to 
oil, gas, and other minerals leases, permits, licenses and operating 
contracts; for energy-related or other authorized marine-related 
purposes on the Outer Continental Shelf; and for matching grants or 
cooperative agreements, $157,202,000, to remain available until 
September 30, 2009, of which $82,371,000 shall be available for royalty 
management activities; and an amount not to exceed $135,730,000, to be 
credited to this appropriation and to remain available until expended, 
from additions to receipts resulting from increases to rates in effect 
on August 5, 1993, from rate increases to fee collections for Outer 
Continental Shelf administrative activities performed by the Minerals 
Management Service (MMS) over and above the rates in effect on September 
30, 1993, and from additional fees for Outer Continental Shelf 
administrative activities established after September 30, 1993 that the 
Secretary of the Interior shall collect in fiscal year 2008 and retain 
and use for

[[Page 121 STAT. 2109]]

the necessary expenses of this appropriation: Provided, That to the 
extent $135,730,000 in addition to receipts are not realized from the 
sources of receipts stated above, the amount needed to reach 
$135,730,000 shall be credited to this appropriation from receipts 
resulting from rental rates for Outer Continental Shelf leases in effect 
before August 5, 1993: Provided further, That not to exceed $3,000 shall 
be available for reasonable expenses related to promoting volunteer 
beach and marine cleanup activities: Provided further, That 
notwithstanding any other provision of law, $15,000 under this heading 
shall be available for refunds of overpayments in connection with 
certain Indian leases in which the Director of MMS concurred with the 
claimed refund due, to pay amounts owed to Indian allottees or tribes, 
or to correct prior unrecoverable erroneous payments: Provided further, 
That for the costs of administration of the Coastal Impact Assistance 
Program authorized by section 31 of the Outer Continental Shelf Lands 
Act, as amended (43 U.S.C. 1456a), MMS in fiscal years 2008 through 2010 
may retain up to 3 percent of the amounts which are disbursed under 
section 31(b)(1), such retained amounts to remain available until 
expended.


                           oil spill research


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

                        administrative provisions

    The eighth proviso under the heading of ``Minerals Management 
Service'' in division E, title I, of the Consolidated Appropriations 
Act, 2005 (Public Law 108-447), <<NOTE: 30 USC 1721 note.>> is amended 
by inserting ``and Indian accounts'' after ``States'', replacing the 
term ``provision'' with ``provisions'', and inserting ``and (d)'' after 
30 U.S.C. 1721(b).

    Notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 2 
percent from the amount payable to each State in fiscal year 2008 and 
deposit the amount deducted to miscellaneous receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, $120,237,000, to remain available until September 30, 2009: 
Provided, That the Secretary of the Interior, pursuant to regulations, 
may use directly or through grants to States, moneys collected in fiscal 
year 2008 for civil penalties assessed under section 518 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim 
lands adversely affected by coal mining practices after August 3, 1977, 
to remain available until expended: Provided further, <<NOTE: 30 USC 
1211 note.>> That appropriations for the Office of Surface Mining 
Reclamation and Enforcement may provide for the travel and per diem 
expenses of State and tribal

[[Page 121 STAT. 2110]]

personnel attending Office of Surface Mining Reclamation and Enforcement 
sponsored training.

                     abandoned mine reclamation fund

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

                        administrative provision

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

                        Bureau of Indian Affairs

                      operation of indian programs


                      (including transfer of funds)


    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.), as amended, $2,080,261,000, to remain 
available until September 30, 2009 except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception and 
representation expenses; and of which not to exceed $80,179,000 shall be 
for welfare assistance payments: Provided, That in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
affected by the disaster; notwithstanding any other provision of law, 
including but not limited to the Indian Self-Determination Act of 1975, 
as amended, not to exceed $149,628,000 shall be available for payments 
for contract support costs associated with ongoing contracts, grants, 
compacts, or annual funding agreements entered into with the Bureau 
prior to or during fiscal year 2008, as authorized by such Act, except 
that tribes and tribal organizations may use their tribal priority 
allocations for unmet contract support costs of ongoing contracts, 
grants, or compacts, or annual funding agreements and for unmet welfare 
assistance costs; of which not to exceed $487,500,000 for school 
operations costs of Bureau-funded schools and other education programs 
shall become available on July 1, 2008, and shall remain available until 
September 30, 2009; and of which not to exceed $60,222,000 shall

[[Page 121 STAT. 2111]]

remain available until expended for housing improvement, road 
maintenance, attorney fees, litigation support, the Indian Self-
Determination Fund, land records improvement, and the Navajo-Hopi 
Settlement Program: Provided further, That notwithstanding any other 
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
$44,060,000 within and only from such amounts made available for school 
operations shall be available for administrative cost grants associated 
with ongoing grants entered into with the Bureau prior to or during 
fiscal year 2007 for the operation of Bureau-funded schools, and up to 
$500,000 within and only from such amounts made available for school 
operations shall be available for the transitional costs of initial 
administrative cost grants to grantees that enter into grants for the 
operation on or after July 1, 2007, of Bureau-operated schools: Provided 
further, That any forestry funds allocated to a tribe which remain 
unobligated as of September 30, 2009, may be transferred during fiscal 
year 2010 to an Indian forest land assistance account established for 
the benefit of the holder of the funds within the tribe's trust fund 
account: Provided further, <<NOTE: Expiration date.>> That any such 
unobligated balances not so transferred shall expire on September 30, 
2010.

                              construction


                      (including transfer of funds)


    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $206,983,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 percent of contract 
authority available to the Bureau of Indian Affairs from the Federal 
Highway Trust Fund may be used to cover the road program management 
costs of the Bureau: Provided further, That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available 
on a nonreimbursable basis: Provided further, That for fiscal year 2008, 
in implementing new construction or facilities improvement and repair 
project grants in excess of $100,000 that are provided to grant schools 
under Public Law 100-297, as amended, the Secretary of the Interior 
shall use the Administrative and Audit Requirements and Cost Principles 
for Assistance Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further, <<NOTE: Negotiation.>> That such grants 
shall not be subject to section 12.61 of 43 CFR; the Secretary and the 
grantee shall negotiate and determine a schedule of payments for the 
work to be performed: Provided further, That in considering 
applications, the Secretary shall consider whether such grantee would be 
deficient in assuring that the construction projects conform to 
applicable building standards and codes and Federal, tribal, or State 
health and safety standards as required by 25 U.S.C. 2005(b), with 
respect to organizational and financial management capabilities: 
Provided further, That if the Secretary declines an application, the 
Secretary

[[Page 121 STAT. 2112]]

shall follow the requirements contained in 25 U.S.C. 2504(f): Provided 
further, That any disputes between the Secretary and any grantee 
concerning a grant shall be subject to the disputes provision in 25 
U.S.C. 2507(e): Provided further, That in order to ensure timely 
completion of replacement school construction projects, the Secretary 
may assume control of a project and all funds related to the project, 
if, within eighteen months of the date of enactment of this Act, any 
grantee receiving funds appropriated in this Act or in any prior Act, 
has not completed the planning and design phase of the project and 
commenced construction of the replacement school: Provided further, That 
this Appropriation may be reimbursed from the Office of the Special 
Trustee for American Indians Appropriation for the appropriate share of 
construction costs for space expansion needed in agency offices to meet 
trust reform implementation.


 indian land and water claim settlements and miscellaneous payments to 
                                 indians


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

                 indian guaranteed loan program account

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

                        administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
and the Indian Guaranteed Loan Program account) shall be available for 
expenses of exhibits.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations and 
regional offices) shall be available for contracts, grants, compacts, or 
cooperative agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination

[[Page 121 STAT. 2113]]

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

[[Page 121 STAT. 2114]]

                          Departmental Offices

                         Office of the Secretary


                          salaries and expenses


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

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $78,613,000, of which: 
(1) $70,137,000 shall remain available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and brown 
tree snake control and research; grants to the judiciary in American 
Samoa for compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in addition to 
current local revenues, for construction and support of governmental 
functions; grants to the Government of the Virgin Islands as authorized 
by law; grants to the Government of Guam, as authorized by law; and 
grants to the Government of the Northern Mariana Islands as authorized 
by law (Public Law 94-241; 90 Stat. 272); and (2) $8,476,000 shall be 
available until September 30, 2009 for salaries and expenses of the 
Office of Insular Affairs: Provided, <<NOTE: 48 USC 1469b.>> That all 
financial transactions of the territorial and local governments herein 
provided for, including such transactions of all agencies or 
instrumentalities established or used by such governments, may be 
audited by the Government Accountability Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: Provided 
further, That of the amounts provided for technical assistance, 
sufficient funds shall be made available for a grant to the Pacific 
Basin Development Council: Provided further, <<NOTE: Close Up 
Foundation.>> That of the amounts provided for technical assistance, 
sufficient funding shall be made available for a grant to the Close Up 
Foundation: Provided further, That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's commitment to 
timely maintenance of its capital assets: Provided further, That any 
appropriation for disaster assistance under this heading in this Act or 
previous appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant to section 
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170c).

[[Page 121 STAT. 2115]]

                       compact of free association


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

                         Office of the Solicitor

                          salaries and expenses

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

                       Office of Inspector General


                          salaries and expenses


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

             Office of Special Trustee for American Indians


                         federal trust programs


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

[[Page 121 STAT. 2116]]

or Tribal accounts after September 30, 2002: Provided further, That 
erroneous payments that are recovered shall be credited to and remain 
available in this account for this purpose.


                        indian land consolidation


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

                        Department-wide Programs


                        payments in lieu of taxes


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

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$9,954,000, to remain available until expended: Provided, <<NOTE: 42 USC 
9607 note.>> That hereafter, notwithstanding 31 U.S.C. 3302, sums 
recovered from or paid by a party in advance of or as reimbursement for 
remedial action or response activities conducted by the Department 
pursuant to section 107 or 113(f) of such Act, shall be credited to this 
account, to be available until expended without further appropriation: 
Provided further, That hereafter such sums recovered from or paid by any 
party are not limited to monetary payments and may include stocks, bonds 
or other personal or real property, which may be retained, liquidated, 
or otherwise disposed of by the Secretary and which shall be credited to 
this account.


           Natural Resource Damage Assessment and Restoration


                 natural resource damage assessment fund


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

[[Page 121 STAT. 2117]]

                          working capital fund


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

                        administrative provisions

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

             General Provisions, Department of the Interior


                     (including transfers of funds)


    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section must be replenished by a supplemental appropriation which must 
be requested as promptly as possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer of 
any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction 
of the Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement

[[Page 121 STAT. 2118]]

to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in connection with their use for wildland fire 
operations, such reimbursement to be credited to appropriations 
currently available at the time of receipt thereof: Provided further, 
That for <<NOTE: Determination.>> wildland fire operations, no funds 
shall be made available under this authority until the Secretary 
determines that funds appropriated for ``wildland fire operations'' 
shall be exhausted within 30 days: Provided further, That all funds used 
pursuant to this section must be replenished by a supplemental 
appropriation which must be requested as promptly as possible: Provided 
further, That such replenishment funds shall be used to reimburse, on a 
pro rata basis, accounts from which emergency funds were transferred.

    Sec. 103. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; purchase and replacement of motor vehicles, including 
specially equipped law enforcement vehicles; hire, maintenance, and 
operation of aircraft; hire of passenger motor vehicles; purchase of 
reprints; payment for telephone service in private residences in the 
field, when authorized under regulations approved by the Secretary; and 
the payment of dues, when authorized by the Secretary, for library 
membership in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members.
    Sec. 104. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore preleasing, 
leasing and related activities placed under restriction in the 
President's moratorium statement of June 12, 1998, in the areas of 
northern, central, and southern California; the North Atlantic; 
Washington and Oregon; and the eastern Gulf of Mexico south of 26 
degrees north latitude and east of 86 degrees west longitude.
    Sec. 105. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 106. Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Office of Special Trustee for American Indians and 
any unobligated balances from prior appropriations Acts made under the 
same headings shall be available for expenditure or transfer for Indian 
trust management and reform activities, excluding litigation costs. 
Total funding for historical accounting activities shall not exceed 
amounts specifically designated in this Act for such purpose.
    Sec. 107. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2008. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.

[[Page 121 STAT. 2119]]

    Sec. 108. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by 16 U.S.C. 460zz.
    Sec. 109. The Secretary of the Interior may hereafter use or 
contract for the use of helicopters or motor vehicles on the Sheldon and 
Hart National Wildlife Refuges for the purpose of capturing and 
transporting horses and burros. The provisions of subsection (a) of the 
Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to 
such use. <<NOTE: Procedures.>> Such use shall be in accordance with 
humane procedures prescribed by the Secretary.

    Sec. 110. None of the funds in this or any other Act can be used to 
compensate the Special Master and the Special Master-Monitor, and all 
variations thereto, appointed by the United States District Court for 
the District of Columbia in the Cobell v. Kempthorne litigation at an 
annual rate that exceeds 200 percent of the highest Senior Executive 
Service rate of pay for the Washington-Baltimore locality pay area.
    Sec. 111. The Secretary of the Interior may use discretionary funds 
to pay private attorney fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Kempthorne to the extent that such fees and 
costs are not paid by the Department of Justice or by private insurance. 
In no case shall the Secretary make payments under this section that 
would result in payment of hourly fees in excess of the highest hourly 
rate approved by the District Court for the District of Columbia for 
counsel in Cobell v. Kempthorne.
    Sec. 112. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake below 
the range of water levels required for the operation of the Glen Canyon 
Dam.
    Sec. 113. <<NOTE: Salmon.>> The United States Fish and Wildlife 
Service shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement a system of mass 
marking of salmonid stocks, intended for harvest, that are released from 
federally-operated or federally-financed hatcheries including but not 
limited to fish releases of coho, chinook, and steelhead species. Marked 
fish must have a visible mark that can be readily identified by 
commercial and recreational fishers.

    Sec. 114. Notwithstanding any implementation of the Department of 
the Interior's trust reorganization or reengineering plans, or the 
implementation of the ``To Be'' Model, funds appropriated for fiscal 
year 2008 shall be available to the tribes within the California Tribal 
Trust Reform Consortium and to the Salt River Pima-Maricopa Indian 
Community, the Confederated Salish and Kootenai Tribes of the Flathead 
Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation 
through the same methodology as funds were distributed in fiscal year 
2003. This Demonstration Project shall continue to operate separate and 
apart from the Department of the Interior's trust reform and 
reorganization

[[Page 121 STAT. 2120]]

and the Department shall not impose its trust management infrastructure 
upon or alter the existing trust resource management systems of the 
above referenced tribes having a self-governance compact and operating 
in accordance with the Tribal Self-Governance Program set forth in 25 
U.S.C. 458aa-458hh: Provided, That the California Trust Reform 
Consortium and any other participating tribe agree to carry out their 
responsibilities under the same written and implemented fiduciary 
standards as those being carried by the Secretary of the Interior: 
Provided further, That they demonstrate to the satisfaction of the 
Secretary that they have the capability to do so: Provided further, That 
the Department shall provide funds to the tribes in an amount equal to 
that required by 25 U.S.C. 458cc(g)(3), including funds specifically or 
functionally related to the provision of trust services to the tribes or 
their members.
    Sec. 115. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to acquire lands, waters, or interests 
therein including the use of all or part of any pier, dock, or landing 
within the State of New York and the State of New Jersey, for the 
purpose of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, Governors, and 
Liberty Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees (and other 
monetary consideration), or by exchange; and the Secretary is authorized 
to negotiate and enter into leases, subleases, concession contracts or 
other agreements for the use of such facilities on such terms and 
conditions as the Secretary may determine reasonable.
     Sec. 116. <<NOTE: Renewal.>> Notwithstanding any other provision of 
law, including 42 U.S.C. 4321 et seq., nonrenewable grazing permits 
authorized in the Jarbidge Field Office, Bureau of Land Management since 
March 1, 1997 shall be renewed. The Animal Unit Months, authorized in 
any nonrenewable grazing permit from March 1, 1997 to present shall 
continue in effect under the renewed permit. Nothing in this section 
shall be deemed to extend the renewed permit beyond the standard 1-year 
term. The period of this provision will be until all of the grazing 
permits in the Jarbidge Field Office are renewed after the completion of 
the Record of Decision for the Jarbidge Resource Management Plan/Final 
Environmental Impact Statement.

    Sec. 117. Oil and Gas Leasing Internet Pilot Program. 
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C 
226(b)(1)(A)), the Secretary of the Interior shall establish an oil and 
gas leasing Internet pilot program, under which the Secretary may 
conduct lease sales through methods other than oral bidding. To carry 
out the pilot program, the Secretary of the Interior may use not more 
than $250,000 of funds in the BLM Permit Processing Improvement Fund 
described in section 35(c)(2)(B) of the Mineral Leasing Act (30 U.S.C. 
191(c)(2)(B)).
    Sec. 118. <<NOTE: Washington.>> Notwithstanding any other provision 
of law, the Secretary of the Interior is directed to sell property 
within the Protection Island National Wildlife Refuge and the Dungeness 
National Wildlife Refuge to the Washington State Department of 
Transportation.

    Sec. 119. No funds appropriated or otherwise made available to the 
Department of the Interior may be used, in relation to any proposal to 
store water for the purpose of export, for approval

[[Page 121 STAT. 2121]]

of any right-of-way or similar authorization on the Mojave National 
Preserve or lands managed by the Needles Field Office of the Bureau of 
Land Management, or for carrying out any activities associated with such 
right-of-way or similar approval.
    Sec. 120. Section 460ccc-4 of the Red Rock Canyon National 
Conservation Area Establishment Act <<NOTE: 16 USC 460ccc-
4.>> authorization (16 U.S.C. 460ccc) is amended--
            (1) in section (a)(1), by striking ``with donated or 
        appropriated funds'';
            (2) by striking section (a)(2);
            (3) in section (a)(3), by striking ``(3)'' and replacing 
        with ``(2)''; and
            (4) in section (a)(4), by striking ``(4)'' and replacing 
        with ``(3)''.

    Sec. 121. Title 43 U.S.C. 1473 is amended by inserting at the end of 
that section before the period the following: ``, including, in fiscal 
year 2008 only, contributions of money and services to conduct work in 
support of the orderly exploration and development of Outer Continental 
Shelf resources, including but not limited to, preparation of 
environmental documents such as impact statements and assessments, 
studies, and related research''.
    Sec. 122. <<NOTE: 120 Stat. 2406.>> Section 1077(c) of Public Law 
109-364 is repealed.

    Sec. 123. Section 144 of division E of Public Law 108-447, as 
amended, is <<NOTE: 118 Stat. 3072.>> amended in paragraph (b)(2) by 
striking ``November 12, 2004'' and inserting ``May 4, 2005.''

    Sec. 124. Section 105(f)(1)(B) of the Compact of Free Association 
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended in clause 
(ix) by--
            (1) striking ``Republic'' both places it appears and 
        inserting ``government, institutions, and people'';
            (2) striking ``2007'' and inserting ``2009''; and
            (3) striking ``was'' and inserting ``were''.

    Sec. 125. The Secretary of the Interior may enter into cooperative 
agreements with a State or political subdivision (including any agency 
thereof), or any not-for-profit organization if the agreement will: (1) 
serve a mutual interest of the parties to the agreement in carrying out 
the programs administered by the Department of the Interior; and (2) all 
parties will contribute resources to the accomplishment of these 
objectives. At the discretion of the Secretary, such agreements shall 
not be subject to a competitive process.
    Sec. 126. <<NOTE: Land transfer. Oregon. Deadline.>> The Federal 
properties commonly referred to as the Barnes Ranch and Agency Lake 
Ranch (the properties) in Klamath County, Oregon, managed by the Bureau 
of Reclamation shall be transferred to the Upper Klamath National 
Wildlife Refuge (Refuge) in accordance with the Memorandum of 
Understanding between the U.S. Fish and Wildlife Service Klamath Basin 
National Wildlife Refuge Complex and the Bureau of Reclamation Klamath 
Basin Area Office and The Nature Conservancy dated March 2, 2007, as 
expeditiously as possible and no later than December 2008: Provided, 
That these Federal properties and all Federal refuge lands within the 
adjusted boundary area for the Refuge, as approved by the U.S. Fish and 
Wildlife Service (Service) in June 2005 under the Land Protection Plan 
of 2005, shall be made a part of the Refuge and shall be managed by the 
Service as such: Provided further, <<NOTE: Applicability.>> That each 
year after the properties become part of the Refuge, those increments of 
water passively stored on the properties

[[Page 121 STAT. 2122]]

shall be applied and credited toward the requirements of any 
consultation or reconsultation over Klamath Project operations pursuant 
to section 7 of the Endangered Species Act, consistent with Federal law 
and State water law.

    Sec. 127. Corinth Unit of Shiloh National Military Park Boundary 
Expansion. The Corinth Battlefield Preservation Act of 2000 (16 U.S.C. 
430f-6 et seq.) is amended--
            (1) in section 3(1) (16 U.S.C. 430f-7(1)), by striking 
        ``304/80,007, and dated October 1998'' and inserting ``304A/
        80009, and dated April 2007'';
            (2) in section 4(b) (16 U.S.C. 430f-8(b)), by striking 
        paragraph (1) and inserting the following:
            ``(1) approximately 950 acres, as generally depicted on the 
        Map; and'';
            (3) in section 5(a) (16 U.S.C. 430f-9(a)), by striking ``as 
        depicted on the Map'' and inserting ``described in section 
        4(b)'';
            (4) by striking section 7 (16 U.S.C. 430f-11); and
            (5) by redesignating section 8 (16 U.S.C. 430f-12) as 
        section 7.

    Sec. 128. <<NOTE: 16 USC 431 note.>> In section 5(8) of Public Law 
107-226, strike ``acquire'' and all that follows and insert, ``acquire 
the land or interests in land for the memorial by donation, purchase 
with donated or appropriated funds, exchange or condemnation with 
donated or appropriated funds; and''.

    Sec. 129. Clarification of <<NOTE: Alaska.>> Concessionaire Historic 
Rights. (a) In implementing section 1307 of Public Law 96-487 (96 Stat. 
2479), the Secretary shall deem Denali National Park Wilderness Centers, 
Ltd., a corporation organized and existing under the laws of the State 
of Alaska, to be a person who, on or before January 1, 1979, was engaged 
in adequately providing the following scope and level of visitor 
services within what is currently Denali National Park and Preserve:
            (1) Guided interpretive hiking services in the Kantishna 
        area new park additions (i.e. park area added in 1980 to former 
        Mount McKinley National Park), not to exceed 14 guided 
        interpretive hikes per week.
            (2) Gold panning outings in the Kantishna area new park 
        additions, not to exceed 3 gold panning outings per week.
            (3) Guided interpretive trips, including an average of four 
        vehicle trips per day, not to exceed 28 trips per week, into the 
        Old Park (i.e. former Mount McKinley National Park).
            (4) Guided and unguided canoeing on Wonder Lake, including 
        the storage of five canoes on Wonder Lake.
            (5) Transportation over the road between the north boundary 
        of the Old Park and Wonder Lake, including Wonder Lake 
        Campground, for an average of 10 trips per day not to exceed 70 
        trips per week.

    (b) For purpose of implementing this section, the term ``person'' 
means the person who has a controlling interest in the entity described 
under subsection (a) or his lineal descendants born prior to January 1, 
1979.
    Sec. 130. Section 16 of the Colorado Ute Indian Water Rights 
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2913; 114 Stat. 
2763A-263)) is amended--
            (1) in subsection (c)(3)(B)(iii), by striking ``by 
        requiring'' and all that follows through ``enhancement'' and 
        inserting the following: ``, the plan shall provide that not 
        less than \1/3\ of

[[Page 121 STAT. 2123]]

        the funds referred to in clause (i) shall be expended for 
        municipal or rural water development and that annual 
        expenditures under that provision shall be reported to the 
        Secretary each year''; and
            (2) in the third sentence of subsection (f), by striking 
        ``December 31, 2012'' and inserting ``the date that is 5 years 
        after the date of the final settlement of the tribal claims 
        under section 18''.

    Sec. 131. Funds provided in this Act for Federal land acquisition by 
the National Park Service for Shenandoah Valley Battlefields National 
Historic District and Ice Age National Scenic Trail may be used for a 
grant to a State, a local government, or any other land management 
entity for the acquisition of lands without regard to any restriction on 
the use of Federal land acquisition funds provided through the Land and 
Water Conservation Fund Act of 1965 as amended.
    Sec. 132. <<NOTE: Mississippi.>> From within amounts provided to the 
National Park Service Land Acquisition account by this Act, $2,000,000 
shall be made available to the State of Mississippi pursuant to a grant 
agreement with the National Park Service, in order that the State may 
acquire land or interests in land on Cat Island, which is located within 
the Gulf Islands National Seashore. Funds provided to the State of 
Mississippi through such grant agreement shall not be contingent upon 
matching funds provided by the State. Any lands or interests acquired 
with funds under this section shall be owned by the Federal Government 
and administered as part of the National Seashore.

    Sec. 133. Mesa <<NOTE: 16 USC 111 note.>> Verde National Park 
Boundary Change.   (a) Acquisition of Land.--
            (1) In general.--The Secretary may acquire the land or an 
        interest in the land described in subsection (b) for addition to 
        the Mesa Verde National Park.
            (2) Means.--An acquisition of land under paragraph (1) may 
        be made by donation, purchase from a willing seller with donated 
        or appropriated funds, or exchange.

    (b) Description of Land.--The land referred to in subsection (a)(1) 
is the approximately 360 acres of land adjacent to the Park, as 
generally depicted on the map, entitled ``Mesa Verde National Park 
Proposed Boundary Adjustment'', numbered 307/80,180, and dated March 1, 
2007.
    (c) Availability of Map.--The map shall be on file and available for 
inspection in the appropriate offices of the National Park Service.
    (d) Boundary Modification.--The boundary of the Park shall be 
revised to reflect the acquisition of the land under subsection (a).
    (e) Administration.--The Secretary shall administer any land or 
interest in land acquired under subsection (a)(1) as part of the Park in 
accordance with the laws (including regulations) applicable to the Park.
    Sec. 134. In implementing section 1307 of Public Law 96-487 (4 Stat. 
2479), the Secretary shall deem the present holders of entry permit CP-
GLBA005-00 and entry permit CP-GLBA004-00 each to be a person who, on or 
before January 1, 1979, was engaged in adequately providing visitor 
services of the type authorized in said permit within Glacier Bay 
National Park.

[[Page 121 STAT. 2124]]

    Sec. 135. Funds provided under Public Law 109-54 may be granted to 
the Alice Ferguson Foundation for site planning and design and 
rehabilitation of the Potomac River Habitat Study Complex and the 
Wareham Lodge.

                                TITLE II

                     ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

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

                  Environmental Programs and Management

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

                       Office of Inspector General

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

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by,

[[Page 121 STAT. 2125]]

the Environmental Protection Agency, $34,801,000, to remain available 
until expended.

                      Hazardous Substance Superfund


                     (including transfers of funds)


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

           Leaking Underground Storage Tank Trust Fund Program

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

                           Oil Spill Response

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

                   State And Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and

[[Page 121 STAT. 2126]]

performance partnership grants, $2,972,595,000, to remain available 
until expended, of which $700,000,000 shall be for making capitalization 
grants for the Clean Water State Revolving Funds under title VI of the 
Federal Water Pollution Control Act, as amended (the ``Act''); of which 
up to $75,000,000 shall be available for loans, including interest free 
loans as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit entities for 
projects that provide treatment for or that minimize sewage or 
stormwater discharges using one or more approaches which include, but 
are not limited to, decentralized or distributed stormwater controls, 
decentralized wastewater treatment, low-impact development practices, 
conservation easements, stream buffers, or wetlands restoration; 
$842,167,000 shall be for capitalization grants for the Drinking Water 
State Revolving Funds under section 1452 of the Safe Drinking Water Act, 
as amended; $20,000,000 shall be for architectural, engineering, 
planning, design, construction and related activities in connection with 
the construction of high priority water and wastewater facilities in the 
area of the United States-Mexico Border, after consultation with the 
appropriate border commission; $25,000,000 shall be for grants to the 
State of Alaska to address drinking water and waste infrastructure needs 
of rural and Alaska Native Villages: Provided, That, of 
these <<NOTE: Alaska. Deadline.>> funds: (1) the State of Alaska shall 
provide a match of 25 percent; (2) no more than 5 percent of the funds 
may be used for administrative and overhead expenses; and (3) not later 
than October 1, 2005, the State of Alaska shall make awards consistent 
with the State-wide priority list established in 2004 for all water, 
sewer, waste disposal, and similar projects carried out by the State of 
Alaska that are funded under section 221 of the Federal Water Pollution 
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less 
than 25 percent of the funds provided for projects in regional hub 
communities; $135,000,000 shall be for making special project grants for 
the construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with the 
terms and conditions specified for such grants in the explanatory 
statement accompanying this Act, and, for purposes of these grants, each 
grantee shall contribute not less than 45 percent of the cost of the 
project unless the grantee is approved for a waiver by the Agency; 
$95,000,000 shall be to carry out section 104(k) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including grants, interagency agreements, and 
associated program support costs; $50,000,000 shall be for grants under 
title VII, subtitle G of the Energy Policy Act of 2005, as amended; 
$10,000,000 shall be for grants for cost-effective emission reduction 
projects in accordance with the terms and conditions of the explanatory 
statement accompanying this Act; and $1,095,428,000 shall be for grants, 
including associated program support costs, to States, federally-
recognized tribes, interstate agencies, tribal consortia, and air 
pollution control agencies for multi-media or single media pollution 
prevention, control and abatement and related activities, including 
activities pursuant to the provisions set forth under this heading in 
Public Law 104-134, and for making grants under section 103 of the Clean 
Air Act for particulate matter monitoring and data collection activities 
subject to terms and conditions specified by the Administrator,

[[Page 121 STAT. 2127]]

of which $49,495,000 shall be for carrying out section 128 of CERCLA, as 
amended, $10,000,000 shall be for Environmental Information Exchange 
Network grants, including associated program support costs, $18,500,000 
of the funds available for grants under section 106 of the Act shall be 
for water quality monitoring activities, $10,000,000 shall be for making 
competitive targeted watershed grants, and, in addition to funds 
appropriated under the heading ``Leaking Underground Storage Tank Trust 
Fund Program'' to carry out the provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue Code other than 
section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000 
shall be for financial assistance to States under section 2007(f)(2) of 
the Solid Waste Disposal Act, as amended: Provided further, That 
notwithstanding section 603(d)(7) of the Federal Water Pollution Control 
Act, the limitation on the amounts in a State water pollution control 
revolving fund that may be used by a State to administer the fund shall 
not apply to amounts included as principal in loans made by such fund in 
fiscal year 2008 and prior years where such amounts represent costs of 
administering the fund to the extent that such amounts are or were 
deemed reasonable by the Administrator, accounted for separately from 
other assets in the fund, and used for eligible purposes of the fund, 
including administration: Provided further, That for fiscal year 2008, 
and notwithstanding section 518(f) of the Act, the Administrator is 
authorized to use the amounts appropriated for any fiscal year under 
section 319 of that Act to make grants to federally-recognized Indian 
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided 
further, That for fiscal year 2008, notwithstanding the limitation on 
amounts in section 518(c) of the Act, up to a total of 1\1/2\ percent of 
the funds appropriated for State Revolving Funds under title VI of that 
Act may be reserved by the Administrator for grants under section 518(c) 
of that Act: Provided further, That no funds provided by this 
appropriations Act to address the water, wastewater and other critical 
infrastructure needs of the colonias in the United States along the 
United States-Mexico border shall be made available to a county or 
municipal government unless that government has established an 
enforceable local ordinance, or other zoning rule, which prevents in 
that jurisdiction the development or construction of any additional 
colonia areas, or the development within an existing colonia the 
construction of any new home, business, or other structure which lacks 
water, wastewater, or other necessary infrastructure.

       Administrative Provisions, Environmental Protection Agency


                     (including rescission of funds)


    For fiscal year 2008, notwithstanding 31 U.S.C. 6303(1) and 6305(1), 
the Administrator of the Environmental Protection Agency, in carrying 
out the Agency's function to implement directly Federal environmental 
programs required or authorized by law in the absence of an acceptable 
tribal program, may award cooperative agreements to federally-recognized 
Indian Tribes or Intertribal consortia, if authorized by their member 
Tribes, to assist the Administrator in implementing Federal 
environmental programs for Indian Tribes required or authorized by law, 
except that no such cooperative agreements may be awarded from funds 
designated for State financial assistance agreements.

[[Page 121 STAT. 2128]]

    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (as added by subsection (f)(2) of the Pesticide 
Registration Improvement Act of 2003), as amended.
    None of the funds provided in this Act may be used, directly or 
through grants, to pay or to provide reimbursement for payment of the 
salary of a consultant (whether retained by the Federal Government or a 
grantee) at more than the daily equivalent of the rate paid for level IV 
of the Executive Schedule, unless specifically authorized by law.
    From unobligated balances to carry out projects and activities 
authorized under section 206(a) of the Federal Water Pollution Control 
Act, $5,000,000 are hereby rescinded.
    None of the funds made available by this Act may be used in 
contravention of, or to delay the implementation of, Executive Order No. 
12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal 
actions to address environmental justice in minority populations and 
low-income populations).
    Of the funds <<NOTE: Publication. Regulations. Deadlines. Greenhouse 
gas emissions.>> provided in the Environmental Programs and Management 
account, not less than $3,500,000 shall be provided for activities to 
develop and publish a draft rule not later than 9 months after the date 
of enactment of this Act, and a final rule not later than 18 months 
after the date of enactment of this Act, to require mandatory reporting 
of greenhouse gas emissions above appropriate thresholds in all sectors 
of the economy of the United States.

                                TITLE III

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service


                      forest and rangeland research


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

                       state and private forestry

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

[[Page 121 STAT. 2129]]

                         national forest system


                     (including transfers of funds)


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

                   capital improvement and maintenance


                     (including transfers of funds)


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

[[Page 121 STAT. 2130]]

5 within the Capital Improvement and Maintenance appropriation as an 
advance direct lump sum payment to West Virginia University for the 
planning and construction of a research greenhouse facility as the 
Federal share in the construction of the new facility.


                            land acquisition


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


         acquisition of lands for national forests special acts


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

             acquisition of lands to complete land exchanges

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


                          range betterment fund


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


     gifts, donations and bequests for forest and rangeland research


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


        management of national forest lands for subsistence uses


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

[[Page 121 STAT. 2131]]

                        wildland fire management


                     (including transfers of funds)


    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands and 
water, $1,974,276,000, to remain available until expended: Provided, 
That such funds including unobligated balances under this heading, are 
available for repayment of advances from other appropriations accounts 
previously transferred for such purposes: Provided further, That such 
funds shall be available to reimburse State and other cooperating 
entities for services provided in response to wildfire and other 
emergencies or disasters to the extent such reimbursements by the Forest 
Service for non-fire emergencies are fully repaid by the responsible 
emergency management agency: Provided further, That not less than 50 
percent of any unobligated balances remaining (exclusive of amounts for 
hazardous fuels reduction) at the end of fiscal year 2007 shall be 
transferred to the fund established pursuant to section 3 of Public Law 
71-319 (16 U.S.C. 576 et seq.) if necessary to reimburse the fund for 
unpaid past advances: Provided further, That, notwithstanding any other 
provision of law, $8,000,000 of funds appropriated under this 
appropriation shall be used for Fire Science Research in support of the 
Joint Fire Science Program: Provided further, That all authorities for 
the use of funds, including the use of contracts, grants, and 
cooperative agreements, available to execute the Forest and Rangeland 
Research appropriation, are also available in the utilization of these 
funds for Fire Science Research: Provided further, That funds provided 
shall be available for emergency rehabilitation and restoration, 
hazardous fuels reduction activities in the urban-wildland interface, 
support to Federal emergency response, and wildfire suppression 
activities of the Forest Service: Provided further, That of the funds 
provided, $315,000,000 is for hazardous fuels reduction activities, 
$11,000,000 is for rehabilitation and restoration, $23,892,000 is for 
research activities and to make competitive research grants pursuant to 
the Forest and Rangeland Renewable Resources Research Act, as amended 
(16 U.S.C. 1641 et seq.), $48,727,000 is for State fire assistance, 
$8,000,000 is for volunteer fire assistance, $14,252,000 is for forest 
health activities on Federal lands and $10,014,000 is for forest health 
activities on State and private lands: Provided further, That amounts in 
this paragraph may be transferred to the ``State and Private Forestry'', 
``National Forest System'', and ``Forest and Rangeland Research'' 
accounts to fund State fire assistance, volunteer fire assistance, 
forest health management, forest and rangeland research, the Joint Fire 
Science Program, vegetation and watershed management, heritage site 
rehabilitation, and wildlife and fish habitat management and 
restoration: Provided further, <<NOTE: Approval.>> That transfers of any 
amounts in excess of those authorized in this paragraph, shall require 
approval of the House and Senate Committees on Appropriations in 
compliance with reprogramming procedures contained in the explanatory 
statement accompanying this Act: Provided 
further, <<NOTE: Notification. Transfer date.>> That up to $10,000,000 
of the funds provided under this heading for hazardous fuels treatments 
may be transferred to and made a part of the ``National Forest System'' 
account at

[[Page 121 STAT. 2132]]

the sole discretion of the Chief of the Forest Service thirty days after 
notifying the House and the Senate Committees on Appropriations: 
Provided further, That the costs of implementing any cooperative 
agreement between the Federal Government and any non-Federal entity may 
be shared, as mutually agreed on by the affected parties: Provided 
further, That in addition to funds provided for State Fire Assistance 
programs, and subject to all authorities available to the Forest Service 
under the State and Private Forestry Appropriation, up to $15,000,000 
may be used on adjacent non-Federal lands for the purpose of protecting 
communities when hazard reduction activities are planned on national 
forest lands that have the potential to place such communities at risk: 
Provided further, That funds made available to implement the Community 
Forest Restoration Act, Public Law 106-393, title VI, shall be available 
for use on non-Federal lands in accordance with authorities available to 
the Forest Service under the State and Private Forestry Appropriation: 
Provided further, That the Secretary of the Interior and the Secretary 
of Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$10,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management programs 
and projects: Provided further, That of the funds provided for hazardous 
fuels reduction, not to exceed $7,000,000, may be used to make grants, 
using any authorities available to the Forest Service under the State 
and Private Forestry appropriation, for the purpose of creating 
incentives for increased use of biomass from national forest lands: 
Provided further, That funds designated for wildfire suppression shall 
be assessed for cost pools on the same basis as such assessments are 
calculated against other agency programs.

                administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire of 
such vehicles; purchase, lease, operation, maintenance, and acquisition 
of aircraft from excess sources to maintain the operable fleet for use 
in Forest Service wildland fire programs and other Forest Service 
programs; notwithstanding other provisions of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts 
in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon notification of the House and Senate Committees 
on Appropriations and if and only

[[Page 121 STAT. 2133]]

if all previously appropriated emergency contingent funds under the 
heading ``Wildland Fire Management'' have been released by the President 
and apportioned and all wildfire suppression funds under the heading 
``Wildland Fire Management'' are obligated.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States 
and international organizations.
    None of the <<NOTE: 16 USC 556i.>> funds made available to the 
Forest Service in this Act or any other Act with respect to any fiscal 
year shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) 
of Public Law 107-107 (7 U.S.C. 8316(b)).

    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the explanatory statement accompanying this Act.
    Not more than $73,285,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $24,021,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture for 
Department Reimbursable Programs, commonly referred to as Greenbook 
charges. Nothing in this paragraph shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center.
    Funds available to the Forest Service shall be available to conduct 
a program of up to $5,000,000 for priority projects within the scope of 
the approved budget, of which $2,500,000 shall be carried out by the 
Youth Conservation Corps and $2,500,000 shall be carried out under the 
authority of the Public Lands Corps Healthy Forests Restoration Act of 
2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, $3,000,000 may be advanced in a 
lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for administrative 
expenses or projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That the Foundation shall 
obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to a non-Federal recipient for a project at 
the same rate that the recipient has obtained the non-Federal matching 
funds: Provided further, That authorized investments of Federal funds 
held by the Foundation may be made only in interest-bearing

[[Page 121 STAT. 2134]]

obligations of the United States or in obligations guaranteed as to both 
principal and interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the 
funds available to the Forest Service shall be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest Service 
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided further, 
That the Foundation may transfer Federal funds to a Federal or non-
Federal recipient for a project at the same rate that the recipient has 
obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    An eligible individual who is employed in any project funded under 
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.
    Any funds appropriated to the Forest Service may be used to meet the 
non-Federal share requirement in section 502(c) of the Older American 
Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed $45,000,000, 
shall be assessed for the purpose of performing facilities maintenance. 
Such assessments shall occur using a square foot rate charged on the 
same basis the agency uses to assess programs for payment of rent, 
utilities, and other support services.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be used 
to reimburse the Office of the General Counsel (OGC), Department of 
Agriculture, for travel and related expenses incurred as a result of OGC 
assistance or participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase negotiations and 
similar non-litigation related matters. Future budget justifications for 
both the Forest Service and the Department of Agriculture should clearly 
display the sums previously transferred and the requested funding 
transfers.
    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service


                         indian health services


    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health

[[Page 121 STAT. 2135]]

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

[[Page 121 STAT. 2136]]

individually identifiable health information relating to disabled 
children as may be necessary for the purpose of carrying out its 
functions under the Individuals with Disabilities Education Act (20 
U.S.C. 1400, et seq.): Provided further, That funds available for the 
Indian Health Care Improvement Fund may be used, as needed, to carry out 
activities typically funded under the Indian Health Facilities account.


                        indian health facilities


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


            administrative provisions, indian health service


    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with the functions or activities for which 
the appropriation is made

[[Page 121 STAT. 2137]]

or which will contribute to improved conduct, supervision, or management 
of those functions or activities.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation. Notwithstanding any other law or 
regulation, funds transferred from the Department of Housing and Urban 
Development to the Indian Health Service shall be administered under 
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 
93-638, as amended.
    Funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel and 
transportation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used for any assessments or charges by the Department 
of Health and Human Services unless identified in the budget 
justification and provided in this Act, or approved by the House and 
Senate Committees on Appropriations through the reprogramming process.
    Notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title V of 
such Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation.
    None <<NOTE: Regulations. Budget request.>> of the funds made 
available to the Indian Health Service in this Act shall be used to 
implement the final rule published in the Federal Register on September 
16, 1987, by the Department of Health and Human Services, relating to 
the eligibility for the health care services of the Indian Health 
Service until the Indian Health Service has submitted a budget request 
reflecting the increased costs associated with the proposed final rule, 
and such request has been included in an appropriations Act and enacted 
into law.

    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment. The reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determination 
Act, may be credited to the same or subsequent appropriation account 
that provided the funding, with such amounts to remain available until 
expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.

[[Page 121 STAT. 2138]]

    The appropriation structure for the Indian Health Service may not be 
altered without advance notification to the House and Senate Committees 
on Appropriations.

                      National Institutes of Health

           national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                    Executive Office of the President

  council on environmental quality and office of environmental quality

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

[[Page 121 STAT. 2139]]

             Chemical Safety and Hazard Investigation Board

                          salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$9,410,000: Provided, <<NOTE: Government organization.>> That the 
Chemical Safety and Hazard Investigation Board (Board) shall have not 
more than three career Senior Executive Service positions: Provided 
further, that notwithstanding <<NOTE: 5 USC app. 8G note.>> any other 
provision of law, the individual appointed to the position of Inspector 
General of the Environmental Protection Agency (EPA) shall, by virtue of 
such appointment, also hold the position of Inspector General of the 
Board: Provided further, That notwithstanding any other provision of 
law, the Inspector General of the Board shall utilize personnel of the 
Office of Inspector General of EPA in performing the duties of the 
Inspector General of the Board, and shall not appoint any individuals to 
positions within the Board.

               Office of Navajo and Hopi Indian Relocation


                          salaries and expenses


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

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

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

[[Page 121 STAT. 2140]]

                         Smithsonian Institution


                          salaries and expenses


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

                           facilities capital

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

                               Legacy Fund

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

                         National Gallery of Art


                          salaries and expenses


    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in

[[Page 121 STAT. 2141]]

advance when authorized by the treasurer of the Gallery for membership 
in library, museum, and art associations or societies whose publications 
or services are available to members only, or to members at a price 
lower than to the general public; purchase, repair, and cleaning of 
uniforms for guards, and uniforms, or allowances therefor, for other 
employees as authorized by law (5 U.S.C. 5901-5902); purchase or rental 
of devices and services for protecting buildings and contents thereof, 
and maintenance, alteration, improvement, and repair of buildings, 
approaches, and grounds; and purchase of services for restoration and 
repair of works of art for the National Gallery of Art by contracts 
made, without advertising, with individuals, firms, or organizations at 
such rates or prices and under such terms and conditions as the Gallery 
may deem proper, $101,718,000, of which not to exceed $3,350,000 for the 
special exhibition program shall remain available until expended.


             repair, restoration and renovation of buildings


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

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance


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


                     capital repair and restoration


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

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

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

[[Page 121 STAT. 2142]]

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts


                        grants and administration


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

                  National Endowment for the Humanities


                        grants and administration


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


                             matching grants


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

                        Administrative Provisions

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

[[Page 121 STAT. 2143]]

Chairperson: Provided further, That section 309(1) of division E, Public 
Law 108-447, is <<NOTE: 118 Stat. 3094.>> amended by inserting 
``National Opera Fellowship,'' after ``National Heritage Fellowship,''.

                         Commission of Fine Arts

                          salaries and expenses

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

               National Capital Arts and Cultural Affairs

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

                Advisory Council on Historic Preservation


                          salaries and expenses


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

                  National Capital Planning Commission


                          salaries and expenses


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

                 United States Holocaust Memorial Museum


                        holocaust memorial museum


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

                             Presidio Trust


                           presidio trust fund


    For necessary expenses to carry out title I of the Omnibus Parks and 
Public Lands Management Act of 1996, $22,400,000

[[Page 121 STAT. 2144]]

shall be available to the Presidio Trust, to remain available until 
expended.

      White House Commission on the National Moment of Remembrance


                          salaries and expenses


                      (including transfer of funds)


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

                DWIGHT D. EISENHOWER MEMORIAL COMMISSION

                          Salaries and Expenses

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

                                TITLE IV

                           GENERAL PROVISIONS


                     (including transfers of funds)


    Sec. 401. <<NOTE: Contracts.>>  The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive Order issued pursuant to existing law.

    Sec. 402. <<NOTE: Lobbying.>>  No part of any appropriation 
contained in this Act shall be available for any activity or the 
publication or distribution of literature that in any way tends to 
promote public support or opposition to any legislative proposal on 
which Congressional action is not complete other than to communicate to 
Members of Congress as described in 18 U.S.C. 1913.

    Sec. 403. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 404. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency except as otherwise provided by law.
    Sec. 405. <<NOTE: Budget estimates.>>  Estimated overhead charges, 
deductions, reserves or holdbacks from programs, projects, activities 
and subactivities to support government-wide, departmental, agency or 
bureau administrative functions or headquarters, regional or central 
operations shall be presented in annual budget justifications and 
subject to approval by the Committees on Appropriations. Changes to such 
estimates shall be presented to the Committees on Appropriations for 
approval.

[[Page 121 STAT. 2145]]

    Sec. 406. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
provided in, this Act or any other Act.
    Sec. 407. <<NOTE: Timber.>>  None of the funds in this Act may be 
used to plan, prepare, or offer for sale timber from trees classified as 
giant sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner different 
than such sales were conducted in fiscal year 2006.

    Sec. 408. (a) <<NOTE: Patents. Mines and mining.>>  Limitation of 
Funds.--None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to accept or process 
applications for a patent for any mining or mill site claim located 
under the general mining laws.

    (b) Exceptions.--The provisions of subsection (a) shall not apply if 
the Secretary of the Interior determines that, for the claim concerned: 
(1) a patent application was filed with the Secretary on or before 
September 30, 1994; and (2) all requirements established under sections 
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case 
may be, were fully complied with by the applicant by that date.
    (c) Report.--On September 30, 2008, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report on 
actions taken by the Department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims or 
mill sites contained in a patent application as set forth in subsection 
(b). The Bureau of Land Management shall have the sole responsibility to 
choose and pay the third-party contractor in accordance with the 
standard procedures employed by the Bureau of Land Management in the 
retention of third-party contractors.
    Sec. 409. Notwithstanding any other provision of law, amounts 
appropriated to or otherwise designated in committee reports for the 
Bureau of Indian Affairs and the Indian Health Service by Public Laws 
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and 
Continuing Appropriations Resolution, 2007 (division B of Public Law 
109-289, as amended by Public Law 110-5) for payments for contract 
support costs associated with self-determination or self-governance 
contracts, grants, compacts, or annual funding agreements with the 
Bureau of Indian Affairs or the Indian Health Service as funded by such 
Acts, are the total amounts available for fiscal years 1994 through 2007 
for such purposes, except that for the Bureau of Indian Affairs,

[[Page 121 STAT. 2146]]

tribes and tribal organizations may use their tribal priority 
allocations for unmet contract support costs of ongoing contracts, 
grants, self-governance compacts, or annual funding agreements.
    Sec. 410. <<NOTE: 16 USC 1604 note.>>  Prior to October 1, 2008, the 
Secretary of Agriculture shall not be considered to be in violation of 
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 
15 years have passed without revision of the plan for a unit of the 
National Forest System. Nothing in this section exempts the Secretary 
from any other requirement of the Forest and Rangeland Renewable 
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: 
Provided, That if the Secretary is not acting expeditiously and in good 
faith, within the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with respect to such 
plan and a court of proper jurisdiction may order completion of the plan 
on an accelerated basis.

    Sec. 411. <<NOTE: Timber. Alaska.>>  No timber sale in Region 10 
shall be advertised if the indicated rate is deficit when appraised 
using a residual value approach that assigns domestic Alaska values for 
western redcedar. Program accomplishments shall be based on volume sold. 
Should Region 10 sell, in the current fiscal year, the annual average 
portion of the decadal allowable sale quantity called for in the current 
Tongass Land Management Plan in sales which are not deficit when 
appraised using a residual value approach that assigns domestic Alaska 
values for western redcedar, all of the western redcedar timber from 
those sales which is surplus to the needs of domestic processors in 
Alaska, shall be made available to domestic processors in the contiguous 
48 United States at prevailing domestic prices. Should Region 10 sell, 
in the current fiscal year, less than the annual average portion of the 
decadal allowable sale quantity called for in the Tongass Land 
Management Plan in sales which are not deficit when appraised using a 
residual value approach that assigns domestic Alaska values for western 
redcedar, the volume of western redcedar timber available to domestic 
processors at prevailing domestic prices in the contiguous 48 United 
States shall be that volume: (1) which is surplus to the needs of 
domestic processors in Alaska; and (2) is that percent of the surplus 
western redcedar volume determined by calculating the ratio of the total 
timber volume which has been sold on the Tongass to the annual average 
portion of the decadal allowable sale quantity called for in the current 
Tongass Land Management Plan. The percentage shall be calculated by 
Region 10 on a rolling basis as each sale is sold (for purposes of this 
amendment, a ``rolling basis'' shall mean that the determination of how 
much western redcedar is eligible for sale to various markets shall be 
made at the time each sale is awarded). Western redcedar shall be deemed 
``surplus to the needs of domestic processors in Alaska'' when the 
timber sale holder has presented to the Forest Service documentation of 
the inability to sell western redcedar logs from a given sale to 
domestic Alaska processors at a price equal to or greater than the log 
selling value stated in the contract. All additional western redcedar 
volume not sold to Alaska or contiguous 48 United States domestic 
processors may be exported to foreign markets at the election of the 
timber sale holder. All Alaska yellow cedar may be sold at prevailing 
export prices at the election of the timber sale holder.

[[Page 121 STAT. 2147]]

    Sec. 412. No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where such 
activities are allowed under the Presidential proclamation establishing 
such monument.
    Sec. 413. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) 
the Secretary of Agriculture and the Secretary of the Interior are 
authorized to enter into reciprocal agreements in which the individuals 
furnished under said agreements to provide wildfire services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are engaged in fire 
suppression: Provided, That the Secretary of Agriculture or the 
Secretary of the Interior shall not enter into any agreement under this 
provision unless the foreign country (either directly or through its 
fire organization) agrees to assume any and all liability for the acts 
or omissions of American firefighters engaged in firefighting in a 
foreign country: Provided further, That when an agreement is reached for 
furnishing fire fighting services, the only remedies for acts or 
omissions committed while fighting fires shall be those provided under 
the laws of the host country, and those remedies shall be the exclusive 
remedies for any claim arising out of fighting fires in a foreign 
country: Provided further, That neither the sending country nor any 
legal organization associated with the firefighter shall be subject to 
any legal action whatsoever pertaining to or arising out of the 
firefighter's role in fire suppression.
    Sec. 414. <<NOTE: Contracts.>>  In awarding a Federal contract with 
funds made available by this Act, notwithstanding Federal Government 
procurement and contracting laws, the Secretary of Agriculture and the 
Secretary of the Interior (the ``Secretaries'') may, in evaluating bids 
and proposals, give consideration to local contractors who are from, and 
who provide employment and training for, dislocated and displaced 
workers in an economically disadvantaged rural community, including 
those historically timber-dependent areas that have been affected by 
reduced timber harvesting on Federal lands and other forest-dependent 
rural communities isolated from significant alternative employment 
opportunities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may award contracts, 
grants or cooperative agreements to local non-profit entities, Youth 
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged 
business: Provided further, That the contract, grant, or cooperative 
agreement is for forest hazardous fuels reduction, watershed or water 
quality monitoring or restoration, wildlife or fish population 
monitoring, or habitat restoration or management: Provided further, That 
the terms ``rural community'' and ``economically disadvantaged'' shall 
have the same meanings as in section 2374 of Public Law 101-624: 
Provided further, <<NOTE: Guidance.>>  That the Secretaries shall 
develop guidance to implement this section: Provided further, That 
nothing in this section shall be construed as relieving the Secretaries 
of any duty

[[Page 121 STAT. 2148]]

under applicable procurement laws, except as provided in this section.

    Sec. 415. (a) Limitation on Competitive Sourcing Studies.--
            (1) Of the funds made available by this or any other Act to 
        the Department of the Interior for fiscal year 2008, not more 
        than $3,450,000 may be used by the Secretary of the Interior to 
        initiate or continue competitive sourcing studies in fiscal year 
        2008 for programs, projects, and activities for which funds are 
        appropriated by this Act.
            (2) None of the funds made available by this or any other 
        Act may be used in fiscal year 2008 for competitive sourcing 
        studies and any related activities involving Forest Service 
        personnel.

    (b) Competitive Sourcing Study Defined.--In this section, the term 
``competitive sourcing study'' means a study on subjecting work 
performed by Federal Government employees or private contractors to 
public-private competition or on converting the Federal Government 
employees or the work performed by such employees to private contractor 
performance under the Office of Management and Budget Circular A-76 or 
any other administrative regulation, directive, or policy.
    (c) Competitive Sourcing Exemption for Forest Service Studies 
Conducted Prior to Fiscal Year 2006.--The Forest Service is hereby 
exempted from implementing the Letter of Obligation and post-competition 
accountability guidelines where a competitive sourcing study involved 65 
or fewer full-time equivalents, the performance decision was made in 
favor of the agency provider, no net savings was achieved by conducting 
the study, and the study was completed prior to the date of this Act.
    (d) In preparing any reports to the Committees on Appropriations on 
competitive sourcing activities, agencies funded in this Act shall 
include all costs attributable to conducting the competitive sourcing 
competitions and staff work to prepare for competitions or to determine 
the feasibility of starting competitions, including costs attributable 
to paying outside consultants and contractors and, in accordance with 
full cost accounting principles, all costs attributable to developing, 
implementing, supporting, managing, monitoring, and reporting on 
competitive sourcing, including personnel, consultant, travel, and 
training costs associated with program management.
    (e) In carrying out any competitive sourcing study involving 
Department of the Interior employees, the Secretary of the Interior 
shall--
            (1) determine whether any of the employees concerned are 
        also qualified to participate in wildland fire management 
        activities; and
            (2) take into consideration the effect that contracting with 
        a private sector source would have on the ability of the 
        Department of the Interior to effectively and efficiently fight 
        and manage wildfires.

    Sec. 416. Section 331 of the Department of the Interior and Related 
Agencies Appropriations Act, 2000, regarding the pilot program to 
enhance Forest Service administration of rights-of-way (as enacted into 
law by section 1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-196; 16 
U.S.C. 497 note), as amended, is amended--

[[Page 121 STAT. 2149]]

            (1) in subsection (a) by striking ``2006'' and inserting 
        ``2012''; and
            (2) in subsection (b) by striking ``2006'' and inserting 
        ``2012''.

    Sec. 417. Section 321 of the Department of the Interior and Related 
Agencies Appropriations Act, 2003, regarding Forest Service cooperative 
agreements with third parties that are of mutually significant benefit 
(division F of Public Law 108-7; 117 Stat. 274; 16 U.S.C. 565a-1 note) 
is amended by striking ``September 30, 2007'' and inserting ``September 
30, 2010''.
    Sec. 418. (a) <<NOTE: Termination date. Alaskan Natives.>>  
Notwithstanding any other provision of law and until October 1, 2009, 
the Indian Health Service may not disburse funds for the provision of 
health care services pursuant to Public Law 93-638 (25 U.S.C. 450 et 
seq.) to any Alaska Native village or Alaska Native village corporation 
that is located within the area served by an Alaska Native regional 
health entity.

    (b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native village 
corporation under any contract or compact entered into prior to May 1, 
2006, or to prohibit the renewal of any such agreement.
    (c) For the purpose of this section, Eastern Aleutian Tribes, Inc. 
and the Council of Athabascan Tribal Governments shall be treated as 
Alaska Native regional health entities to which funds may be disbursed 
under this section.
    Sec. 419. Unless otherwise provided herein, no funds appropriated in 
this Act for the acquisition of lands or interests in lands may be 
expended for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate Committees on 
Appropriations: Provided, That this provision shall not apply to funds 
appropriated to implement the Everglades National Park Protection and 
Expansion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes.
    Sec. 420. Section 337(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
3012) is amended by striking ``September 30, 2006'' and inserting 
``September 30, 2008''.
    Sec. 421. Section 339 of division E of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3103) is 
amended--
            (1) by striking ``2005 through 2007''and inserting ``2005 
        through 2008''; and
            (2) by adding at the end the following new sentence: ``The 
        categorical exclusion under this section shall not apply with 
        respect to any allotment in a federally designated wilderness 
        area.''.

    Sec. 422. A permit fee collected during fiscal year 2007 by the 
Secretary of Agriculture under the Act of March 4, 1915 (16 U.S.C. 497) 
for a marina on the Shasta-Trinity National Forest shall be deposited in 
a special account in the Treasury established for the Secretary of 
Agriculture, and shall remain available to the Secretary of Agriculture 
until expended, without further appropriation, for purposes stated in 
section 808(a)(3)(A-D) of title VIII of division J of Public Law 108-447 
(16 U.S.C. 6807), and for direct operating or capital costs associated 
with the issuance of a marina permit.

[[Page 121 STAT. 2150]]

    Sec. 423. The Forest Service shall allocate to the Regions of the 
Forest Service, $15,000,000 from the current balance in the ``timber 
roads purchaser election fund'', to remain available until expended, for 
the following purposes: vegetative treatments in timber stands at high 
risk of fire due to insect, disease, or drought; road work in support of 
vegetative treatments to support forest health objectives; and 
maintaining infrastructure for the processing of woody fiber in Regions 
where it is critical to sustaining local economies and fulfilling the 
forest health objectives of the Forest Service.
    Sec. 424. (a) Land Sale Authorization.--To offset the acreage 
acquired by the Federal Government upon the acquisition of the Elkhorn 
Ranch in Medora, North Dakota, the Secretary of Agriculture (in this 
section referred to as the ``Secretary'') shall sell all right, title, 
and interest of the United States to between 5,195 or 5,205 acres of 
National Forest System lands located in Billings County, North Dakota. 
It is the intent of Congress that there will be no net gain in federally 
owned land in North Dakota as a result of these land conveyances.
    (b) Land Sales.--The Secretary may prescribe reservations, terms, 
and conditions of sale under this section, and may configure the 
descriptions of the land to be sold under this section to enhance the 
marketability of the land or for management purposes. The Secretary may 
utilize brokers or other third parties in the sale of land and, from the 
proceeds of the sale, may pay reasonable commissions or fees for 
services rendered.
    (c) Consideration.--As consideration for the purchase of land sold 
under this section, the purchaser shall pay to the Secretary an amount, 
in cash, equal to the fair market value of the land, as determined by 
the Secretary by appraisal or competitive sale consistent with Federal 
law applicable to land sales. The Secretary may reject any offer made 
under this section if the Secretary determines, in the absolute 
discretion of the Secretary, that the offer is not adequate or not in 
the public interest.
    (d) Initial Offer.--Under such terms, conditions, and procedures as 
the Secretary may prescribe, any base property landowner holding a 
current permit to graze any land authorized for sale under this section 
shall have a non-assignable first right to buy the land, provided that 
right must be exercised within 6 months after the date of the offer from 
the Secretary.
    (e) Treatment of Proceeds.--Using the proceeds from the sale of land 
under this section, the Secretary shall cover direct expenses incurred 
by the Secretary in conducting the sale. Any remaining proceeds shall be 
deposited into the fund established by the Act of December 4, 1967 
(commonly known as the Sisk Act; 16 U.S.C. 484a), and shall be 
available, until expended, for the acquisition of land for inclusion in 
the National Forest System.
    (f) Land Transfers.--The lands are to be conveyed from fiscal years 
2008 to 2009. In the conveyance of any land authorized by this section, 
the Secretary shall not be required to conduct additional environmental 
analysis, including heritage resource analysis, and no sale, offer to 
sell, or conveyance shall be subject to administrative appeal.
    (g) <<NOTE: North Dakota.>>  Elkhorn Ranch.--The grazing land lease 
terms in effect on the date of the enactment of this Act relating to the 
acquired Elkhorn Ranch in Medora, North Dakota, shall remain in effect 
until December 31, 2009. After that date, Federal land grazing

[[Page 121 STAT. 2151]]

use of the Elkhorn Ranch shall be managed through the grazing agreement 
between the Medora Grazing Association and the Forest Service. The 
Animal Unit Months (AUMs) for both Federal and private lands 
encompassing the Elkhorn Ranch shall become part of the grazing 
agreement held by Medora Grazing Association to be reallocated to its 
members in accordance with their rules in effect as of the date of the 
enactment of this Act.

    (h) The multiple uses of the acquired Elkhorn Ranch shall continue.
    Sec. 425. In fiscal year 2008 and thereafter, the Forest Service 
shall not change the eligibility requirements for base property, and 
livestock ownership as they relate to leasing of base property and 
shared livestock agreements for grazing permits on the Dakota Prairie 
Grasslands that were in effect as of July 18, 2005.
    Sec. 426. The Arts and Artifacts Indemnity Act (Public Law 94-158) 
is amended--
            (1) in section 3(a) <<NOTE: 20 USC 972.>>  by striking ``(B) 
        the exhibition of which is'' and inserting in lieu thereof ``(B) 
        in the case of international exhibitions,''; and
            (2) in section 5(b), <<NOTE: 20 USC 974.>>  by inserting 
        before the period ``for international exhibitions, and 
        $5,000,000,000 at any one time for domestic exhibitions''; and
            (3) in section 5(c), by inserting before the period ``for 
        international exhibitions, or $750,000,000 for domestic 
        exhibitions''.

    Sec. 427. <<NOTE: Administrative transfers.>>  In accordance with 
authorities available in section 428, of Public Law 109-54, the 
Secretary of Agriculture and the Secretary of the Interior shall execute 
an agreement that transfers management and oversight of the Great Onyx, 
Harper's Ferry, and Oconaluftee Job Corps Centers to the Forest Service. 
These Job Corps centers shall continue to be administered as described 
in section 147(c) of Public Law 105-220, Workforce Investment Act of 
1998.

    Sec. 428. The United States Department of Agriculture, Forest 
Service shall seek to collaborate with stakeholders or parties in Sierra 
Forest Legacy, et al v. Weingardt, et al, Civil No. C 07-001654 (E.D. 
Cal.), and Sierra Club, et al v. Bosworth, et al, Civil No. C 05-00397 
(N.D. Cal.), regarding harvest operations outside of the Giant Sequoia 
National Monument in relation to the decisions approving the Revised Ice 
Timber Sale and Fuels Reduction Project and the Frog Project, and taking 
into account the terms of the contracts for those projects, and in 
relation to the Record of Decision for the Kings River Project, and as 
appropriate in regard to other disputed fuel reduction projects in the 
area.
    Sec. 429. (a) In General.--Section 636 of division A of the 
Treasury, Postal Service, and General Government Appropriations Act, 
1997 (5 U.S.C. prec. 5941 note; Public Law 104-208), is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``or'';
                    (B) in paragraph (2), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(3) a temporary fire line manager.''; and
            (2) in subsection (c)--
                    (A) in paragraph (3), by striking ``, and'' and 
                inserting a semicolon;

[[Page 121 STAT. 2152]]

                    (B) in paragraph (4)(B), by striking the period at 
                the end and inserting ``; and''; and

    (C) by adding at the end the following:
            ``(5) notwithstanding the definition of the terms 
        `supervisor' and `management official' under section 7103(a) of 
        title 5, United States Code, the term `temporary fire line 
        manager' means an employee of the Forest Service or the 
        Department of the Interior, whose duties include, as determined 
        by the employing agency--
                    ``(A) temporary supervision or management of 
                personnel engaged in wildland or managed fire 
                activities;
                    ``(B) providing analysis or information that affects 
                a decision by a supervisor or manager about a wildland 
                or managed fire; or
                    (C) directing the deployment of equipment for a 
                wildland or managed fire.''.

    (b) <<NOTE: 5 USC note prec. 5941.>>  Effective Date.--The amendment 
made by subsection (a) shall take effect on the date of enactment of 
this Act.

    Sec. 430. Global Climate Change. (a) The Congress finds that--
            (1) greenhouse gases accumulating in the atmosphere are 
        causing average temperatures to rise at a rate outside the range 
        of natural variability and are posing a substantial risk of 
        rising sea-levels, altered patterns of atmospheric and oceanic 
        circulation, and increased frequency and severity of floods, 
        droughts, and wildfires;
            (2) there is a growing scientific consensus that human 
        activity is a substantial cause of greenhouse gas accumulation 
        in the atmosphere; and
            (3) mandatory steps will be required to slow or stop the 
        growth of greenhouse gas emissions into the atmosphere.

    (b) It is the sense of the Congress that there should be enacted a 
comprehensive and effective national program of mandatory, market-based 
limits and incentives on emissions of greenhouse gases that slow, stop, 
and reverse the growth of such emissions at a rate and in a manner that: 
(1) will not significantly harm the United States economy; and (2) will 
encourage comparable action by other nations that are major trading 
partners and key contributors to global emissions.
    Sec. 431. None of the funds made available in this Act may be used 
to purchase light bulbs unless the light bulbs have the ``ENERGY STAR'' 
or ``Federal Energy Management Program'' designation, except in 
instances where the agency determines that ENERGY STAR or FEMP 
designated light bulbs are not cost-effective over the life of the light 
bulbs or are not reasonably available to meet the functional 
requirements of the agency.
    Sec. 432. None of the funds made available under this Act may be 
used to promulgate or implement the Environmental Protection Agency 
proposed regulations published in the Federal Register on January 3, 
2007 (72 Fed. Reg. 69).
    Sec. 433. None of the funds made available by this Act shall be used 
to prepare or publish final regulations regarding a commercial leasing 
program for oil shale resources on public lands pursuant to section 
369(d) of the Energy Policy Act of 2005 (Public Law 109-58) or to 
conduct an oil shale lease sale pursuant to subsection 369(e) of such 
Act.

[[Page 121 STAT. 2153]]

    Sec. 434. Section 401 of the Herger-Feinstein Quincy Library Group 
Forest Recovery Act, Public Law 105-277, division A, section 101(e) 
(title IV), 112 Stat. 2681-305, <<NOTE: 16 USC 2104 note.>>  is 
amended--
            (1) In section (g) by striking ``until'' and all that 
        follows and inserting ``until September 30, 2012.'';
            (2) By striking subsection (i) and inserting the following: 
        ``By June 1, 2008, the Forest Service shall initiate a 
        collaborative process with the Plaintiffs in Sierra Nevada 
        Forest Prot. Campaign v. Rey, Case No. CIV-S-05-0205 MCE/GGH 
        (E.D. Cal.), appeal docketed sub nom. Sierra Forest Legacy v. 
        Rey, No. 07-16892 (9th Cir. Oct. 23, 2007) and the Quincy 
        Library Group to determine whether modifications to the Pilot 
        Project are appropriate for the remainder of the Pilot 
        Project.''; and
            (3) By adding at the end the following:

    ``(m) <<NOTE: Applicability.>>  Sections 104-106 of Public Law 108-
148 shall apply to projects authorized by this Act.''.

    Sec. 435. In addition to the amounts otherwise provided to the 
Environmental Protection Agency in this Act, $8,000,000, to remain 
available until expended, is provided to EPA to be transferred to the 
Department of the Navy for clean-up activities at the Treasure Island 
Naval Station--Hunters Point Annex.
    Sec. 436. In addition to amounts provided to the Environmental 
Protection Agency in this Act, the Oklahoma Department of Environmental 
Quality is provided the amount of $3,000,000 for a grant to the Oklahoma 
Department of Environmental Quality for ongoing relocation assistance as 
administered by the Lead Impacted Communities Relocation Assistance 
Trust and as conducted consistent with the use of prior unexpended 
funding for relocation assistance, including buy outs of properties, in 
accordance with section 2301 of Public Law 109-234 (120 Stat. 455-466).
    Sec. 437. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1.56 percent of the budget authority 
provided for fiscal year 2008 for any discretionary appropriation in 
titles I through IV of this Act.
    (b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in subsection (a); and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act or accompanying reports 
        for the relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation Acts, as 
        delineated in the most recently submitted President's budget).

    (c) <<NOTE: Applicability. Reports.>>  Indian Land and Water Claim 
Settlements.--Under the heading ``Bureau of Indian Affairs, Indian Land 
and Water Claim Settlements and Miscellaneous Payments to Indians'', the 
across-the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2008, shall apply only to the first 
dollar amount in the paragraph and the distribution of the rescission 
shall be at the discretion of the Secretary of the Interior who shall 
submit a report on such distribution and the rationale therefor to the 
House and Senate Committees on Appropriations.

    (d) OMB Report.--Within 30 days after the date of the enactment of 
this section the Director of the Office of Management and Budget shall 
submit to the Committees on Appropriations

[[Page 121 STAT. 2154]]

of the House of Representatives and the Senate a report specifying the 
account and amount of each rescission made pursuant to this section.

                                 TITLE V

              WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management


                        wildland fire management


                     (INCLUDING TRANSFERS OF FUNDS)


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

                        DEPARTMENT OF AGRICULTURE

                             Forest Service


                        wildland fire management


                     (INCLUDING TRANSFERS OF FUNDS)


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

    This division may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2008''.

[[Page 121 STAT. 2155]]

 DIVISION G--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human 
   Services, and Education, and Related Agencies Appropriations Act, 
2008. Department of Labor Appropriations Act, 2008.>>  OF LABOR, HEALTH 
 AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 
ACT, 2008

                                 TITLE I

                           DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services


                         (including rescissions)


    For necessary expenses of the Workforce Investment Act of 1998 
(``WIA''), the Denali Commission Act of 1998, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the WIA; 
$3,608,349,000, plus reimbursements, is available. Of the amounts 
provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,994,510,000 as follows:
                    (A) $864,199,000 for adult employment and training 
                activities, of which $152,199,000 shall be available for 
                the period July 1, 2008 to June 30, 2009, and of which 
                $712,000,000 shall be available for the period October 
                1, 2008 through June 30, 2009;
                    (B) $940,500,000 for youth activities, which shall 
                be available for the period April 1, 2008 through June 
                30, 2009; and
                    (C) $1,189,811,000 for dislocated worker employment 
                and training activities, of which $341,811,000 shall be 
                available for the period July 1, 2008 through June 30, 
                2009, and of which $848,000,000 shall be available for 
                the period October 1, 2008 through June 30, 2009:
        Provided, That notwithstanding the transfer limitation under 
        section 133(b)(4) of the WIA, up to 30 percent of such funds may 
        be transferred by a local board if approved by the Governor;
            (2) for federally administered programs, $477,873,000 as 
        follows:
                    (A) $282,092,000 for the dislocated workers 
                assistance national reserve, of which $6,300,000 shall 
                be available on October 1, 2007, of which $63,792,000 
                shall be available for the period July 1, 2008 through 
                June 30, 2009, and of which $212,000,000 shall be 
                available for the period October 1, 2008 through June 
                30, 2009: Provided, That up to $125,000,000 may be made 
                available for Community-Based Job Training grants from 
                funds reserved under section 132(a)(2)(A) of the WIA and 
                shall be used to carry out such grants under section 
                171(d) of such Act, except that the 10 percent 
                limitation otherwise applicable to the amount of funds 
                that may be used to carry out section 171(d) shall not 
                be applicable to funds used for Community-Based Job 
                Training grants: Provided further, That funds

[[Page 121 STAT. 2156]]

                provided to carry out section 132(a)(2)(A) of the WIA 
                may be used to provide assistance to a State for State-
                wide or local use in order to address cases where there 
                have been worker dislocations across multiple sectors or 
                across multiple local areas and such workers remain 
                dislocated; coordinate the State workforce development 
                plan with emerging economic development needs; and train 
                such eligible dislocated workers: Provided further, That 
                funds provided to carry out section 171(d) of the WIA 
                may be used for demonstration projects that provide 
                assistance to new entrants in the workforce and 
                incumbent workers: Provided 
                further, <<NOTE: Deadline.>>  That $2,600,000 shall be 
                for a noncompetitive grant to the National Center on 
                Education and the Economy, which shall be awarded not 
                later than 30 days after the date of enactment of this 
                Act: Provided further, <<NOTE: Deadline.>>  That 
                $1,500,000 shall be for a non-competitive grant to the 
                AFL-CIO Working for America Institute, which shall be 
                awarded not later than 30 days after the date of 
                enactment of this Act: Provided 
                further, <<NOTE: Deadline.>>  That $2,200,000 shall be 
                for a non-competitive grant to the AFL-CIO Appalachian 
                Council, Incorporated, for Job Corps career transition 
                services, which shall be awarded not later than 30 days 
                after the date of enactment of this Act;
                    (B) $53,696,000 for Native American programs, which 
                shall be available for the period July 1, 2008 through 
                June 30, 2009;
                    (C) $81,085,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $75,610,000 for formula grants (of which not less that 
                70 percent shall be for employment and training 
                services), $4,975,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $500,000 for other discretionary 
                purposes, which shall be available for the period July 
                1, 2008 through June 30, 2009: Provided, That, 
                notwithstanding any other provision of law or related 
                regulation, the Department shall take no action limiting 
                the number or proportion of eligible participants 
                receiving related assistance services or discouraging 
                grantees from providing such services;
                    (D) $1,000,000 for carrying out the Women in 
                Apprenticeship and Nontraditional Occupations Act, which 
                shall be available for the period July 1, 2008 through 
                June 30, 2009; and
                    (E) $60,000,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2008 through June 30, 
                2009;
            (3) for national activities, $135,966,000, which shall be 
        available for the period July 1, 2008 through July 30, 2009 as 
        follows:
                    (A) $49,370,000 for Pilots, Demonstrations, and 
                Research, of which $5,000,000 shall be for grants to 
                address the employment and training needs of young 
                parents (notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA): Provided, That 
                funding provided to carry out projects under section 171 
                of the WIA that are identified in the explanatory 
                statement described in

[[Page 121 STAT. 2157]]

                section 4 (in the matter preceding division A of this 
                consolidated Act), shall not be subject to the 
                requirements of sections 171(b)(2)(B) and 171(c)(4)(D) 
                of the WIA, the joint funding requirements of sections 
                171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time 
                limit requirements of sections 171(b)(2)(C) and 
                171(c)(4)(B) of the WIA;
                    (B) $74,800,000 for ex-offender activities, under 
                the authority of section 171 of the Act, notwithstanding 
                the requirements of section 171(b)(2)(B) or 
                171(c)(4)(D), of which not less than $55,000,000 shall 
                be for youthful offender activities: Provided, That 
                $50,000,000 shall be available from program year 2007 
                and program year 2008 funds for competitive grants to 
                local educational agencies or community-based 
                organizations to develop and implement mentoring 
                strategies that integrate educational and employment 
                interventions designed to prevent youth violence in 
                schools identified as persistently dangerous under 
                section 9532 of the Elementary and Secondary Education 
                Act;
                    (C) $4,921,000 for Evaluation under section 172 of 
                the WIA; and
                    (D) $6,875,000 for the Denali Commission, which 
                shall be available for the period July 1, 2008 through 
                June 30, 2009.

    Of the amounts made available under this heading in Public Law 107-
116 to carry out the activities of the National Skills Standards Board, 
$44,000 are rescinded.
    Of the unexpended balances remaining from funds appropriated to the 
Department of Labor under this heading for fiscal years 2005 and 2006 to 
carry out the Youth, Adult and Dislocated Worker formula programs under 
the Workforce Investment Act, $250,000,000 are rescinded: Provided, That 
the Secretary of Labor may, upon the request of a State, apply any 
portion of the State's share of this rescission to funds otherwise 
available to the State for such programs during program year 2007: 
Provided further, That notwithstanding any provision of such Act, the 
Secretary may waive such requirements as may be necessary to carry out 
the instructions relating to this rescission in House Report 110-424.


            community service employment for older americans


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


              federal unemployment benefits and allowances


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

[[Page 121 STAT. 2158]]

     State Unemployment Insurance and Employment Service Operations


    For authorized administrative expenses, $90,517,000, together with 
not to exceed $3,233,436,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $2,497,770,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Sec