[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 52 Introduced in House (IH)]







110th CONGRESS
  1st Session
H. J. RES. 52

  Making continuing appropriations for the fiscal year 2008, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2007

Mr. Obey introduced the following joint resolution; which was referred 
to the Committee on Appropriations, and in addition to the Committee on 
the Budget, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                            JOINT RESOLUTION


 
  Making continuing appropriations for the fiscal year 2008, and for 
                            other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,  That the following sums are 
hereby appropriated, out of any money in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, for the several departments, agencies, 
corporations, and other organizational units of Government for fiscal 
year 2008, and for other purposes, namely:
    Sec. 101. Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for fiscal 
year 2007 and under the authority and conditions provided in such Acts, 
for continuing projects or activities (including the costs of direct 
loans and loan guarantees) that are not otherwise specifically provided 
for in this joint resolution, that were conducted in fiscal year 2007, 
and for which appropriations, funds, or other authority were made 
available in the following appropriations Acts:
            (1) The Department of Defense Appropriations Act, 2007 
        (division A of Public Law 109-289).
            (2) The Department of Homeland Security Appropriations Act, 
        2007 (Public Law 109-295).
            (3) The Continuing Appropriations Resolution, 2007 
        (division B of Public Law 109-289, as amended by Public Law 
        110-5).
    Sec. 102. (a) No appropriation or funds made available or authority 
granted pursuant to section 101 for the Department of Defense shall be 
used for (1) the new production of items not funded for production in 
fiscal year 2007 or prior years; (2) the increase in production rates 
above those sustained with fiscal year 2007 funds; or (3) the 
initiation, resumption, or continuation of any project, activity, 
operation, or organization (defined as any project, subproject, 
activity, budget activity, program element, and subprogram within a 
program element, and for any investment items defined as a P-1 line 
item in a budget activity within an appropriation account and an R-1 
line item that includes a program element and subprogram element within 
an appropriation account) for which appropriations, funds, or other 
authority were not available during fiscal year 2007.
    (b) No appropriation or funds made available or authority granted 
pursuant to section 101 for the Department of Defense shall be used to 
initiate multi-year procurements utilizing advance procurement funding 
for economic order quantity procurement unless specifically 
appropriated later.
    (c) Notwithstanding this section, the Secretary of Defense may, 
following notification of the congressional defense committees, 
initiate projects or activities required to be undertaken for force 
protection purposes using funds available from the Iraq Freedom Fund.
    Sec. 103. Appropriations made by section 101 shall be available to 
the extent and in the manner that would be provided by the pertinent 
appropriations Act.
    Sec. 104. Except as otherwise provided in section 102, no 
appropriation or funds made available or authority granted pursuant to 
section 101 shall be used to initiate or resume any project or activity 
for which appropriations, funds, or other authority were not available 
during fiscal year 2007.
    Sec. 105. Appropriations made and authority granted pursuant to 
this joint resolution shall cover all obligations or expenditures 
incurred for any project or activity during the period for which funds 
or authority for such project or activity are available under this 
joint resolution.
    Sec. 106. Unless otherwise provided for in this joint resolution or 
in the applicable appropriations Act for fiscal year 2008, 
appropriations and funds made available and authority granted pursuant 
to this joint resolution shall be available until whichever of the 
following first occurs: (1) the enactment into law of an appropriation 
for any project or activity provided for in this joint resolution; (2) 
the enactment into law of the applicable appropriations Act for fiscal 
year 2008 without any provision for such project or activity; or (3) 
November 16, 2007.
    Sec. 107. Expenditures made pursuant to this joint resolution shall 
be charged to the applicable appropriation, fund, or authorization 
whenever a bill in which such applicable appropriation, fund, or 
authorization is contained is enacted into law.
    Sec. 108. Appropriations made and funds made available by or 
authority granted pursuant to this joint resolution may be used without 
regard to the time limitations for submission and approval of 
apportionments set forth in section 1513 of title 31, United States 
Code, but nothing in this joint resolution may be construed to waive 
any other provision of law governing the apportionment of funds.
    Sec. 109. Notwithstanding any other provision of this joint 
resolution, except section 106, for those programs that would otherwise 
have high initial rates of operation or complete distribution of 
appropriations at the beginning of fiscal year 2008 because of 
distributions of funding to States, foreign countries, grantees, or 
others, such high initial rates of operation or complete distribution 
shall not be made, and no grants shall be awarded for such programs 
funded by this joint resolution that would impinge on final funding 
prerogatives.
    Sec. 110. This joint resolution shall be implemented so that only 
the most limited funding action of that permitted in the joint 
resolution shall be taken in order to provide for continuation of 
projects and activities.
    Sec. 111. (a) For entitlements and other mandatory payments whose 
budget authority was provided in appropriations Acts for fiscal year 
2007, and for activities under the Food Stamp Act of 1977, activities 
shall be continued at the rate to maintain program levels under current 
law, under the authority and conditions provided in the applicable 
appropriations Act for fiscal year 2007, to be continued through the 
date specified in section 106(3).
    (b) Notwithstanding section 106, obligations for mandatory payments 
due on or about the first day of any month that begins after October 
2007 but not later than 30 days after the date specified in section 
106(3) may continue to be made, and funds shall be available for such 
payments.
    Sec. 112. Amounts made available under section 101 for civilian 
personnel compensation and benefits in each department and agency may 
be apportioned up to the rate for operations necessary to avoid 
furloughs within such department or agency, consistent with the 
applicable appropriations Act for fiscal year 2007, except that such 
authority provided under this section shall not be used until after the 
department or agency has taken all necessary actions to reduce or defer 
non-personnel-related administrative expenses.
    Sec. 113. Funds appropriated by this joint resolution may be 
obligated and expended notwithstanding section 10 of Public Law 91-672 
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and 
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
414(a)(1)).
    Sec. 114. Notwithstanding section 20106 of the Continuing 
Appropriations Resolution, 2007 (division B of Public Law 109-289, as 
amended by Public Law 110-5), the Secretary of Agriculture is 
authorized to enter into or renew contracts under section 521(a)(2) of 
the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)) for 1 year.
    Sec. 115. The authority provided by section 3a of the Act of March 
3, 1927 (commonly known as the ``Cotton Statistics and Estimates Act'') 
(7 U.S.C. 473a) shall continue in effect through the date specified in 
section 106(3) of this joint resolution.
    Sec. 116. The authority of the Secretary of Agriculture to carry 
out the adjusted gross income limitation contained in section 1001D of 
the Food Security Act of 1985 (7 U.S.C. 1308-3a) shall continue through 
the end of the period specified in subsection (e) of such section or 
the date specified in section 106(3) of this joint resolution, 
whichever occurs later.
    Sec. 117. The provisions of title VIII of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2005 (Public Law 108-447, division B) that apply 
during fiscal year 2007 shall continue to apply through the date 
specified in section 106(3) of this joint resolution.
    Sec. 118. The authority provided by section 1202 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) 
shall continue in effect through the earlier of the date of enactment 
of the National Defense Authorization Act for Fiscal Year 2008 or the 
date specified in section 106(3) of this joint resolution.
    Sec. 119. The authority provided by section 1477(d) of title 10, 
United States Code, as amended by section 3306 of Public Law 110-28, 
shall continue in effect through the date of enactment of the National 
Defense Authorization Act for Fiscal Year 2008.
    Sec. 120. The authority provided by section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375) shall continue in effect through the earlier of the date 
of enactment of the National Defense Authorization Act for Fiscal Year 
2008 or the date specified in section 106(3) of this joint resolution.
    Sec. 121. The authority provided by section 1022 of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), as 
amended by section 1022 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163), shall continue in effect through 
the earlier of the date of enactment of the National Defense 
Authorization Act for Fiscal Year 2008 or the date specified in section 
106(3) of this joint resolution.
    Sec. 122. The authority provided by section 1051a of title 10, 
United States Code, shall continue in effect through the earlier of the 
date of enactment of the National Defense Authorization Act for Fiscal 
Year 2008 or the date specified in section 106(3) of this joint 
resolution.
    Sec. 123. (a) Notwithstanding any other provision of law or this 
joint resolution, and in addition to amounts otherwise made available 
by this joint resolution, there is appropriated $5,200,000,000 for a 
``Mine Resistant Ambush Protected Vehicle Fund'', to remain available 
until September 30, 2008.
    (b) The funds provided by subsection (a) shall be available to the 
Secretary of Defense to continue technological research and development 
and upgrades, to procure Mine Resistant Ambush Protected vehicles and 
associated support equipment, and to sustain, transport, and field Mine 
Resistant Ambush Protected vehicles.
    (c)(1) The Secretary of Defense shall transfer funds provided by 
subsection (a) to appropriations for operation and maintenance; 
procurement; and research, development, test and evaluation to 
accomplish the purposes specified in subsection (b). Such transferred 
funds shall be merged with and be available for the same purposes and 
for the same time period as the appropriation to which they are 
transferred.
    (2) The transfer authority provided by this subsection shall be in 
addition to any other transfer authority available to the Department of 
Defense.
    (3) The Secretary of Defense shall, not less than 5 days prior to 
making any transfer under this subsection, notify the congressional 
defense committees in writing of the details of the transfer.
    (d) The amount provided by this section is designated as an 
emergency requirement and necessary to meet emergency needs pursuant to 
subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th 
Congress), the concurrent resolution on the budget for fiscal year 
2008.
    Sec. 124. Section 14704 of title 40, United States Code, shall be 
applied by substituting the date specified in section 106(3) of this 
joint resolution for ``October 1, 2007''.
    Sec. 125. Section 382N of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009aa-13) shall be applied by substituting 
the date specified in section 106(3) of this joint resolution for 
``October 1, 2007''.
    Sec. 126. Of the funds made available to the Department of Energy 
under this joint resolution, $484,000 may be transferred to another 
agency for carrying out the provisions of division C of Public Law 108-
324. Funds so transferred shall be refunded to the Department after 
passage of the regular appropriations Act for that agency.
    Sec. 127. (a) In addition to the amounts otherwise provided under 
section 101, an additional amount is available under ``General Services 
Administration--Operating Expenses Account'', at a rate for operations 
of $4,340,000, for the costs of agency activities transferred to the 
Civilian Board of Contract Appeals pursuant to section 847 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public Law 
109-163).
    (b) For purposes of section 101, the rate for operations for each 
of the accounts from which funds were transferred in fiscal year 2007 
pursuant to section 847(b) of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163; 41 U.S.C. 607 note) is 
reduced by an amount equal to the annualized level of the funds 
transferred.
    Sec. 128. Notwithstanding any other provision of this joint 
resolution, except section 106, the District of Columbia may expend 
local funds for programs and activities under the heading ``District of 
Columbia Funds'' for such programs and activities under title IV of 
H.R. 2829 (110th Congress), as passed by the House of Representatives, 
at the rate set forth under ``District of Columbia Funds--Summary of 
Expenses'' as included in the Fiscal Year 2008 Proposed Budget and 
Financial Plan submitted to the Congress by the District of Columbia on 
June 7, 2007, as amended on June 29, 2007.
    Sec. 129. Section 403(f) of the Government Management Reform Act of 
1994 (Public Law 103-356; 31 U.S.C. 501 note) shall be applied by 
substituting the date specified in section 106(3) of this joint 
resolution for ``October 1, 2006''.
    Sec. 130. Section 204(e) of the Veterans Benefits Improvement Act 
of 2004 (Public Law 108-454; 38 U.S.C. 4301 note) shall be applied by 
substituting the date specified in section 106(3) of this joint 
resolution for ``September 30, 2007''.
    Sec. 131. Any funds made available pursuant to section 101 for 
United States Customs and Border Protection may be obligated to support 
hiring, training, and equipping of new border patrol agents at a rate 
for operations not exceeding that necessary to sustain the numbers of 
new border patrol agents hired, trained, and equipped in the final 
quarter of fiscal year 2007. The Commissioner of United States Customs 
and Border Protection shall notify the Committees on Appropriations of 
the House of Representatives and the Senate on each use of the 
authority provided in this section.
    Sec. 132. The Secretary of Homeland Security may continue, through 
the date specified in section 106(3) of this joint resolution, to 
obligate funds at the rate the Secretary determines necessary to 
maintain not more than the average monthly number of detention bed 
spaces in use during September 2007 at detention facilities operated or 
contracted by the Department of Homeland Security.
    Sec. 133. During the period specified in section 106 of this joint 
resolution, section 517(b) of Public Law 109-295 shall not be in 
effect.
    Sec. 134. Section 105(f)(1)(B)(ix) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall 
be applied by substituting the date specified in section 106(3) of this 
joint resolution for ``the end of fiscal year 2007''.
    Sec. 135. (a) Activities authorized by chapters 2, 3, 5, and 6 of 
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall 
continue through the date specified in section 106(3) of this joint 
resolution.
    (b) Notwithstanding any other provision of this joint resolution, 
except section 106, there is appropriated to carry out chapter 6 of 
title II of the Trade Act of 1974 (19 U.S.C. 2401 et seq.) $5,000,000.
    Sec. 136. (a) Appropriation for CHIP Program.--
            (1) In general.--Notwithstanding any other provision of 
        this joint resolution, there is hereby appropriated, out of any 
        money in the Treasury not otherwise appropriated for fiscal 
        year 2008, $5,000,000,000 for purposes of providing allotments 
        to States, the District of Columbia, and commonwealths and 
        territories under section 2104 of the Social Security Act (42 
        U.S.C. 1397dd), and, in addition, $40,000,000 for the purpose 
        of providing additional allotments under subsection (c)(4)(A) 
        of such section.
            (2) Availability.--Funds made available from any allotment 
        under subsection (b) shall not be available for obligation for 
        child health assistance for items and services furnished after 
        the termination date specified in section 106(3) of this joint 
        resolution, or, if earlier, the date of the enactment of an Act 
        that provides funding for fiscal year 2008 and for one or more 
        subsequent fiscal years for the Children's Health Insurance 
        Program under title XXI of the Social Security Act.
    (b) Allotments.--Notwithstanding any other provision of this joint 
resolution, the Secretary of Health and Human Services shall make 
allotments to States, the District of Columbia, and commonwealths and 
territories under section 2104 of the Social Security Act (42 U.S.C. 
1397dd) from the amounts appropriated under subsection (a) for the 
entire fiscal year 2008.
    (c) Redistribution of Unused Fiscal Year 2005 Allotments to States 
With Estimated Funding Shortfalls for Fiscal Year 2008.--Section 2104 
of the Social Security Act (42 U.S.C. 1397dd) is amended by adding at 
the end the following new subsection:
    ``(i) Redistribution of Unused Fiscal Year 2005 Allotments to 
States With Estimated Funding Shortfalls for Fiscal Year 2008.--
            ``(1) In general.--Notwithstanding subsection (f) and 
        subject to paragraphs (3) and (4), with respect to months 
        beginning during fiscal year 2008, the Secretary shall provide 
        for a redistribution under such subsection from the allotments 
        for fiscal year 2005 under subsection (b) that are not expended 
        by the end of fiscal year 2007, to a fiscal year 2008 shortfall 
        State described in paragraph (2), such amount as the Secretary 
        determines will eliminate the estimated shortfall described in 
        such paragraph for such State for the month.
            ``(2) Fiscal year 2008 shortfall state described.--A fiscal 
        year 2008 shortfall State described in this paragraph is a 
        State with a State child health plan approved under this title 
        for which the Secretary estimates, on a monthly basis using the 
        most recent data available to the Secretary as of such month, 
        that the projected expenditures under such plan for such State 
        for fiscal year 2008 will exceed the sum of--
                    ``(A) the amount of the State's allotments for each 
                of fiscal years 2006 and 2007 that was not expended by 
                the end of fiscal year 2007; and
                    ``(B) the amount of the State's allotment for 
                fiscal year 2008.
            ``(3) Funds redistributed in the order in which states 
        realize funding shortfalls.--The Secretary shall redistribute 
        the amounts available for redistribution under paragraph (1) to 
        fiscal year 2008 shortfall States described in paragraph (2) in 
        the order in which such States realize monthly funding 
        shortfalls under this title for fiscal year 2008. The Secretary 
        shall only make redistributions under this subsection to the 
        extent that there are unexpended fiscal year 2005 allotments 
        under subsection (b) available for such redistributions.
            ``(4) Proration rule.--If the amounts available for 
        redistribution under paragraph (1) are less than the total 
        amounts of the estimated shortfalls determined for the month 
        under that paragraph, the amount computed under such paragraph 
        for each fiscal year 2008 shortfall State for the month shall 
        be reduced proportionally.
            ``(5) Retrospective adjustment.--The Secretary may adjust 
        the estimates and determinations made to carry out this 
        subsection as necessary on the basis of the amounts reported by 
        States not later than November 30, 2007, on CMS Form 64 or CMS 
        Form 21, as the case may be, and as approved by the Secretary.
            ``(6) 1-year availability; no further redistribution.--
        Notwithstanding subsections (e) and (f), amounts redistributed 
        to a State pursuant to this subsection for fiscal year 2008 
        shall only remain available for expenditure by the State 
        through September 30, 2008, and any amounts of such 
        redistributions that remain unexpended as of such date, shall 
        not be subject to redistribution under subsection (f).''.
    (d) Extending Authority for Qualifying States To Use Certain Funds 
for Medicaid Expenditures.--Section 2105(g)(1)(A) of such Act (42 
U.S.C. 1397ee) is amended by striking ``or 2007'' and inserting ``2007, 
or 2008''.
    (e) Applicability.--The amendments made by subsection (c) and (d) 
shall be in effect through the date specified in section 106(3) of this 
joint resolution or, if earlier, the date of the enactment of an Act 
that provides funding for fiscal year 2008 and for one or more 
subsequent fiscal years for the Children's Health Insurance Program 
under title XXI of the Social Security Act.
    Sec. 137. Notwithstanding any other provision of this joint 
resolution, there is appropriated for payment to Susan Thomas, widow of 
Craig Thomas, late a Senator from the State of Wyoming, $165,200, and 
for payment to Karen L. Gillmor, widow of Paul E. Gillmor, late a 
Representative from the State of Ohio, $165,200.
    Sec. 138. The Secretary of Veterans Affairs shall carry out 
subparagraph (B) of section 1710(f)(2) of title 38, United States Code, 
and subparagraph (E) of section 1729(a)(2) of such title by 
substituting the date specified in section 106(3) of this joint 
resolution for the date specified in each such subparagraph.
    Sec. 139. Notwithstanding section 101, amounts are provided for 
``Department of Defense Base Closure Account 2005'' at a rate for 
operations of $5,626,223,000.
    Sec. 140. Notwithstanding any other provision of this joint 
resolution, except section 106, the Department of Veterans Affairs may 
expend funds for programs and activities under the heading 
``Information Technology Systems'' for pay and associated cost for 
operations and maintenance associated staff.
    Sec. 141. Notwithstanding any other provision of this joint 
resolution, except section 106, in addition to the amount made 
available for fiscal year 2008 to carry out section 3674 of title 38, 
United States Code, there is appropriated to carry out that section an 
additional amount equal to $6,000,000 multiplied by the ratio of the 
number of days covered by this joint resolution to 366.
    Sec. 142. Notwithstanding section 235(a)(2) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of 
subsections (a) through (c) of section 234 of such Act shall remain in 
effect through the date specified in section 106(3) of this joint 
resolution.
    Sec. 143. Notwithstanding section 101, amounts are provided for 
``Department of State--Administration of Foreign Affairs--Diplomatic 
and Consular Programs'' at a rate for operations of $4,435,013,000, of 
which not less than $778,449,000 shall be for worldwide security 
upgrades.
    Sec. 144. The provisions of title II of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11311 et seq.) shall continue in effect, 
notwithstanding section 209 of such Act, through the earlier of (1) the 
date specified in section 106(3) of this joint resolution; or (2) the 
date of enactment of an authorization Act relating to the McKinney-
Vento Homeless Assistance Act.
    Sec. 145. Funds made available under section 101 for the National 
Transportation Safety Board shall include amounts necessary to make 
lease payments due in fiscal year 2008 only, on an obligation incurred 
in 2001 under a capital lease.
    Sec. 146. Notwithstanding the limitation in the first sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the 
Secretary of Housing and Urban Development may, until the date 
specified in section 106(3) of this joint resolution, insure and may 
enter into commitments to insure mortgages under section 255 of the 
National Housing Act (12 U.S.C. 1715z-20(g)).
    Sec. 147. Section 24(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437v(o)) shall be applied by substituting the date 
specified in section 106(3) of this joint resolution for ``September 
30, 2007''.
    Sec. 148. (a) Section 48103(4) of title 49, United States Code, 
shall be applied (1) by substituting the amount specified in such 
section with an amount that equals $3,675,000,000 multiplied by the 
ratio of the number of days covered by this joint resolution to 366; 
and (2) by substituting the fiscal year specified in such section with 
the period beginning October 1, 2007, through the date specified in 
section 106(3) of this joint resolution.
    (b) Section 47104(c) of title 49, United States Code, shall be 
applied by substituting ``2008'' for ``2007''.
    (c) Nothing in this section shall affect the availability of any 
balances of contract authority provided under section 48103 of title 
49, United States Code, for fiscal year 2007 and any prior fiscal year.
    Sec. 149. (a) Sections 4081(d)(2)(B), 4261(j)(1)(A)(ii), 
4271(d)(1)(A)(ii), 9502(d)(1), and 9502(f)(2) of the Internal Revenue 
Code of 1986 shall each be applied by substituting the date specified 
in section 106(3) of this joint resolution for ``September 30, 2007'' 
or ``October 1, 2007'', as the case may be.
    (b) Subparagraph (A) of section 9502(d)(1) of the Internal Revenue 
Code of 1986 is amended by inserting ``or any joint resolution making 
continuing appropriations for the fiscal year 2008'' before the 
semicolon at the end.
                                 <all>