Congressional Record, Volume 152 Issue 75 (Tuesday, June 13, 2006)

[Congressional Record Volume 152, Number 75 (Tuesday, June 13, 2006)]
[House]
[Pages H3849-H3885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY,
THE DISTRICT OF COLUMBIA AND INDEPENDENT AGENCIES APPROPRIATIONS ACT,
2007

The SPEAKER pro tempore. Pursuant to House Resolution 865 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 5576.

{time} 1845

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 5576) making appropriations for the Departments of
Transportation, Treasury, and Housing and Urban Development, the
Judiciary, District of Columbia, and independent agencies for the
fiscal year ending September 30, 2007, and for other purposes, with Mr.
Dreier in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, a
request for a recorded vote on the amendment offered by the gentleman
from California (Mr. Gary G. Miller) had been postponed and the bill
had been read through page 74, line 5.
Pursuant to the order of the House of today, no further amendment to
the bill may be offered except those specified in the previous order of
the House of today, which is at the desk.

Amendment Offered by Ms. Millender-McDonald

Ms. MILLENDER-McDONALD. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Millender-McDonald:
Page 73, line 8, insert after the first dollar amount the
following: ``(reduced by $250,000)''.
Page 190, line 10, insert after the first dollar amount the
following: ``(increased by $250,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from California and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. MILLENDER-McDONALD. Mr. Chairman, I rise today to offer this
amendment to the Transportation-Treasury Appropriations bill for fiscal
year 2007, to provide more funding for the training of college students
to be poll workers.
As ranking member on the Committee on House Administration, I am
pleased that the Appropriations Committee fully funded the budget
request for the Election Assistance Commission, commonly referred to as
EAC.
I am also pleased that the committee report suggests that $250,000 of
the EAC's funding be allocated to the College Worker's Poll Grant
Program, authorized by the Help America Vote Act, HAVA.
However, Mr. Chairman, I do believe that this funding is not
sufficient to meet the critical challenges facing the administration of
elections in this country.
I am offering this amendment to increase the funding.
Mr. KNOLLENBERG. Mr. Chairman, will the gentlewoman yield?
Ms. MILLENDER-McDONALD. I yield to the gentleman from Michigan.
Mr. KNOLLENBERG. Mr. Chairman, I would be happy to accept your
amendment.
Ms. MILLENDER-McDONALD. Mr. Chairman, I yield back the balance of my
time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from California (Ms. Millender-McDonald).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

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), $14,846,000.

Administratrative Provisions--Internal Revenue Service

(Including Transfer of Funds)

Sec. 201. 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. 202. 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. 203. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 204. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower 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. 205. Of the funds made available by this Act to the
Internal Revenue Service, not less than $166,249,000 shall be
available for operating expenses of the Taxpayer Advocate
Service, of which not less than $166,101,000 shall be made
available from the ``Taxpayer Services'' account and $148,000
shall be made available from the ``Operations Support''
account.
Sec. 206. None of the funds appropriated or otherwise made
available by this or any other Act or source in this or any
future fiscal year may be used to develop or provide
taxpayers with free individual income tax

[[Page H3850]]

electronic preparation and filing products or services other
than through the Free File program and the Internal Revenue
Service's Taxpayer Assistance Centers, Tax Counseling for the
Elderly, and volunteer income tax assistance programs:
Provided, That no such funds may be used to develop or
implement direct interactive online electronic individual
income tax preparation or filing services or products, or a
return-free system as described in section 2004 of the
Internal Revenue Service Restructuring and Reform Act of
1998.

Point of Order

Mr. THOMAS. Mr. Chairman, I raise a point of order.
The CHAIRMAN. The gentleman will state his point of order.
Mr. THOMAS. Mr. Chairman, I raise a point of order against section
206 of this bill, H.R. 5576, on the grounds that this provision
violates clause 2(b) of House rule XXI, because it is legislation
included in a general appropriations bill.
The CHAIRMAN. Does any other Member wish to be heard on the point of
order? If not, the Chair is prepared to rule.
The Chair finds that this section addresses funds in other Acts. As
such, the section constitutes legislation in violation of clause 2 of
rule XXI.
The point of order is sustained, and the section is stricken from the
bill.
The Clerk will read.
The Clerk read as follows:

Sec. 207. Appropriations for the Internal Revenue Service
for the taxpayer service and tax law enforcement programs for
fiscal year 2007 and thereafter shall be made up of three
accounts, ``Taxpayer Services'', ``Enforcement'', and
``Operations Support'' for fulfilling the taxpayer service
and enforcement programs.
Sec. 208. Amounts made available for fiscal year 2007 under
the ``Taxpayer Services'', ``Enforcement'', and ``Operations
Support'' accounts may be transferred between the accounts to
the extent necessary to implement the restructuring of the
Internal Revenue Service accounts after notice of the amount
and purpose of the transfer is provided to the Committees on
Appropriations of the Senate and House of Representatives and
a period of 30 days has elapsed: Provided, That the
limitation on transfers is 20 percent in fiscal year 2007.
Sec. 209. None of the funds made available in this Act may
be used to enter into, renew, extend, administer, implement,
enforce, or provide oversight of any qualified tax collection
contract (as defined in section 6306 of the Internal Revenue
Code of 1986).

Administrative Provisions--Department of the Treasury

(including transfer of funds)

Sec. 210. 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. 211. 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. 212. 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. 213. 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. 214. 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. 215. 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. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``8 years'' and
inserting ``9 years''.
Sec. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial
Services and the Senate Committee on Banking, Housing, and
Urban Affairs.
Sec. 218. 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. 219. Section 3333(a) of title 31, United States Code,
is amended by striking paragraph (3) and inserting 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 section 3527 of this title, shall be
charged to the Check Forgery Insurance Fund under section
3343 of this title. 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, 2007''.

TITLE III

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

tenant-based rental assistance

(including transfer of funds)

For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,776,400,000, to remain available until expended, of which
$11,576,400,000 shall be available on October 1, 2006, and
$4,200,000,000 shall be available on October 1, 2007:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $14,436,200,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act):
Provided, That notwithstanding any other provision of law,
from amounts provided under this paragraph, the Secretary for
the calendar year 2007 funding cycle shall provide renewal
funding for each public housing agency based on the amount
public housing agencies were eligible to receive in calendar
year 2006, and by applying the 2007 Annual Adjustment Factor
as established by the Secretary, and by making any necessary
adjustments for the costs associated with deposits to Family
Self-Sufficiency Program escrow accounts or the first-time
renewal of tenant protection or HOPE VI vouchers: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount provided under this paragraph, pro
rate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further,
That public housing agencies participating in the Moving to
Work demonstration shall be funded pursuant to their Moving
to Work agreements and shall be subject to the same pro rata
adjustments under the previous proviso: Provided further,
That up to $100,000,000 shall be available for additional
rental subsidy due to unforeseen exigencies as determined by
the Secretary and for the one-time funding of housing
assistance payments resulting from the portability provisions
of the housing choice voucher program;
(2) $149,300,000 for section 8 rental assistance for
relocation and replacement of housing units under lease that
are demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance: Provided, That additional section 8
tenant protection rental assistance costs may be funded in
2007 by utilizing unobligated balances, including recaptures
and carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading, the heading ``Annual Contributions for Assisted
Housing'', the heading ``Housing Certificate Fund'', and the
heading ``Project-based rental assistance'', for fiscal year
2006 and prior years notwithstanding the purposes for which
such amounts were appropriated;

[[Page H3851]]

(3) $47,500,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) $5,900,000 shall be transferred to the Working Capital
Fund; and
(5) $1,137,500,000 for administrative and other expenses of
public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, with up to $20,000,000
to be for fees associated with section 8 tenant protection
rental assistance: Provided, That $1,107,500,000 of the
amount provided in this paragraph shall be allocated for the
calendar year 2007 funding cycle on a pro rata basis to
public housing agencies based on the amount public housing
agencies were eligible to receive in calendar year 2006:
Provided further, That all amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities.

Amendment Offered by Mr. Nadler

Mr. NADLER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Nadler:
Page 80, line 24, after the dollar amount, insert the
following: ``(increased by $70,000,000)''.
Page 80, line 25, after the dollar amount, insert the
following: ``(increased by $70,000,000)''.
Page 81, line 3, after the dollar amount, insert the
following: ``(increased by $70,000,000)''.
Page 113, line 16, after the dollar amount, insert the
following: ``(reduced by $100,000,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from New York (Mr. Nadler) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment would increase funding for Section 8
housing vouchers by $70 million to enable an additional 10,000 low-
income families to afford safe, decent housing.
To offset this increase, the amendment cuts the Working Capital Fund
for a poorly managed computer upgrade program. Even with the reduction,
the bill would still provide $94 million in working capital funds for
IT projects in eight accounts scattered around the bill other than the
Working Capital Fund itself.
We have a choice, Mr. Chairman. Do we want to help thousands of
families obtain affordable housing, or do we think it is more important
to have a somewhat faster computer upgrade in HUD? If we support
American families, we should support this amendment.
We all understand the budget is extremely tight and that many
programs are facing cuts. Our amendment, therefore, does not seek to
restore the amount to the amount that the President recommended, which
is $144 million more than the committee recommends, it seeks merely to
restore $70 million, or about half of what the difference is to what
the President recommended.
This is less than the bare minimum of what is needed. We have
hundreds of thousands of families on waiting lists, waiting 8, 9, 10
years for decent housing for Section 8 vouchers.
This amendment will enable us to provide vouchers to about 10,000 of
those families. That is our choice. The Section 8 housing voucher
program provides safe, affordable housing to approximately 2 million
American families in urban and rural communities in our country.
Those vouchers are often the only resource for low-income families
confronted by our Nation's affordable housing crisis.
Mr. Chairman, many Republicans support this amendment. We passed a
similar amendment last year with Republican support. 141 Members have
signed a letter in support of fully funding the President's request,
which would be twice the size of this amendment. 225 Members, including
30 Republicans, voted for an essentially similar amendment last year.
I urge everyone on both sides of the aisle to vote for this
amendment.
Finally, let me say that we may be told that the offset would leave
no funds in the computer account. The fact is the committee has been
very ingenious in squirreling away money in different accounts.
Mr. Chairman, I have here a list of all of the places in the bill
where money is squirreled away for these computers. There is a total of
$194 million. With this amendment it would still leave $94 million for
this purpose.
Mr. Chairman, I thank the chairman. I urge everyone to vote for this
amendment.
Mr. Chairman, I would offer this chart for the Record. I am pleased
to announce also that the amendment has gained the support of the AARP
and the National League of Cities. Once again, the choice is, will we
provide 10,000 families with safe, decent housing, at the price of
slightly slowing down a computerization program for the bureaucrats at
HUD?
That is the choice. I hope everyone will vote yes on the Nadler-
Velazquez Amendment.

----------------------------------------------------------------------------------------------------------------
Programs descriptions Additional descriptions Amount Page/Line
----------------------------------------------------------------------------------------------------------------
Public Indian Housing................ Tenant Based Rental $5,900,000 pg. 83 In. 14.
Assistance.
Public Housing Capital Fund.......... ............................. 14,850,000 pg. 86 In. 1.
Community House and Development...... Housing Opportunities for 1,485,000 pg. 92. In. 4.
People with AIDS.
Home Investment Partnerships Program. ............................. 3,465,000 pg. 94 In. 22.
Homeless Assistant Grants............ ............................. 2,475,000 pg. 97 In. 20.
Housing Programs Project Based Rental ............................. 3,960,000 pg. 99 In. 24.
Assistance.
Housing for the Elderly.............. ............................. 1,980,000 pg. 101 In. 7.
Housing for Persons with Disabilities ............................. 990,000 pg. 102 In. 5.
Federal Housing Administration....... Mutual Mortgage Insurance 23,562,000 pg. 105 In. 6.
Program Account.
General and Special Risk Program ............................. 10,692,000 pg. 106 In. 22.
Account.
Management and Administration........ Salaries and Expenses........ 15,000,000 pg. 112 In. 25.
Working Capital Fund................. ............................. 100,000,000 pg. 113 In. 16.
Section 325.......................... Administrative Contract 10,000,000 pg. 133. In. 21.
Expenses.
-------------------
$194,359,000
----------------------------------------------------------------------------------------------------------------

Mr. Chairman, I reserve the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I claim the time in opposition.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KNOLLENBERG. Mr. Chairman, the bill before us fully funds the
renewal of Section 8 vouchers. Additional funds, especially ones at the
expense of critical programs, are simply not necessary. The cost of
Section 8 vouchers are remaining constant and in some markets are
actually decreasing.
As such, this funding level will not only maintain the current level
of vouchers, but also provide funds to restore vouchers that may have
been lost in recent years.
The proposed reduction to the Working Capital Fund leaves a funding
level that is not sufficient to support HUD's existing needs and will
cause delays in critically needed efforts to modernize antiquated
legacy systems in such areas as HUD's core financial systems and FHA
mortgage program systems.
More importantly, the funds of the Working Capital Fund are the funds
that ensure that HUD is able to make Section 8 payments on time.
Ironically, cutting this program to boost Section 8 will have a very
real and negative impact on the Section 8 program.
So therefore, I must urge a no vote on this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. NADLER. Mr. Chairman, how much time do we have remaining?
The CHAIRMAN. The gentleman has 2 minutes remaining.
Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the fact is we have waiting lists in many of our cities
of 8, 9, and 10 years for Section 8 vouchers.

[[Page H3852]]

We could do much, much more than this amendment would do and shorten
these waiting lists to 5 and 6 years.
Mr. Chairman, it is wrong for low-income Americans to have to wait 8,
9 and 10 years for decent, safe housing. This amendment will go a
little ways toward supplying that need.
The chairman says that the committee's proposal funds all of the
Section 8 vouchers. It funds enough Section 8 vouchers to continue a
waiting list of 8, 9, and 10 years.
Now, it is true the offset takes some money away from a
computerization account at HUD, but it leaves $94 million for that
purpose. The computerization at HUD can go a little more slowly, and
10,000 additional families will have decent housing.
That is the choice. HUD can do, and do very well, with $94 million
for this computerization program squirreled away in different sections
of the bill as I have here outlined.
But 10,000 families might not have to wait 9, 10 years for decent
housing. Mr. Chairman, that is the choice in the amendment. That is why
I urge everyone to vote for the amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New York (Mr. Nadler).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. NADLER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from New York will be
postponed.

{time} 1900

The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

Housing Certificate Fund

(rescission)

Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading, the heading ``Annual contributions for assisted
housing'', the heading ``Tenant-based rental assistance'',
and the heading ``Project-based rental assistance'', for
fiscal year 2006 and prior years, $2,000,000,000 is
rescinded, to be effected by the Secretary no later than
September 30, 2007: Provided, That, if insufficient funds
exist under these headings, the remaining balance may be
derived from any other heading under this title: Provided
further, That the Secretary shall notify the Committees on
Appropriations 30 days in advance of the rescission of any
funds derived from the headings specified above: Provided
further, That any such balances governed by reallocation
provisions under the statute authorizing the program for
which the funds were originally appropriated shall be
available for the rescission.

Public Housing Capital Fund

(including transfers of funds)

For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937, as amended (42 U.S.C. 1437g) (the
``Act'') $2,178,000,000, to remain available until September
30, 2010: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2007, the Secretary
may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section
9(j) regarding the extension of the time periods under such
section: Provided further, That for purposes of such section
9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this
heading, up to $10,890,000 shall be for carrying out
activities under section 9(h) of such Act: Provided further,
That up to $14,850,000 shall be transferred to the Working
Capital Fund: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k)
of the United States Housing Act of 1937, as amended:
Provided further, That of the total amount provided under
this heading, up to $19,800,000 shall be available for the
Secretary of Housing and Urban Development to make grants,
notwithstanding section 305 of this Act, to public housing
agencies for emergency capital needs resulting from
unforeseen or unpreventable emergencies and natural disasters
occurring in fiscal years 2007 and 2008: Provided further,
That of the total amount provided under this heading,
$23,760,000 shall be for supportive services, service
coordinators and congregate services as authorized by section
34 of the Act and the Native American Housing Assistance and
Self-Determination Act of 1996: Provided further, That of the
total amount provided under this heading up to $7,920,000 is
to support the costs of administrative and judicial
receiverships: Provided further, That of the total amount
provided under this heading up to $15,345,000 shall be to
support the ongoing Public Housing Financial and Physical
Assessment activities of the Real Estate Assessment Center
(REAC).

Amendment Offered by Mr. Davis of Alabama

Mr. DAVIS of Alabama. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Davis of Alabama:
Page 85, line 11, after the dollar amount, insert
``(increased by $30,000,000)''.
Page 111, line 3, after the first dollar amount, insert
``(reduced by $30,000,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Alabama (Mr. Davis) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from Alabama.
Mr. DAVIS of Alabama. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, thank you for the recognition. I have an amendment at
the desk which is a repetition of a bipartisan amendment that was
brought to the floor of the House a year ago, and it has to deal with
the HOPE VI housing program. Many of our colleagues on both sides of
the aisle have seen their districts benefit from HOPE VI.
It is a program that was launched under the George Herbert Walker
Bush administration. In fact, its chief architect was former Secretary
of Housing and Urban Development Jack Kemp. It is a program which has
been in place for 16 years now, and it has literally changed the face
of public housing in numerous communities around our country.
I have seen it happen three times in Birmingham, Alabama and
Tuscaloosa, Alabama. Abandoned, near dilapidated public housing
projects, which had been given up, have now been turned into mixed-
income developments. And whole communities of Birmingham and
Tuscaloosa, which had been squandered, are now on the road toward
economic revitalization and recovery.
That has been the story of Birmingham and Tuscaloosa. It has been a
story that has spread all over this country.
When we brought this amendment to the floor last year, no less than
59 Republicans joined in support of it with 188 Democrats, one of the
strongest levels of bipartisan support that any amendment has
commanded. I simply ask the House to do essentially what it has done
before.
The President attempted to zero out funding. The committee has not
added funding. We propose to add $30 million from the Administration
and Management Fund to the Working Capital Fund. The reason, Mr.
Chairman, that it goes in the Working Capital Fund is we have a
reauthorization issue around HOPE VI. As of September 30, the program
will have lapsed. It is our full expectation that it will be extended.
There has been a unanimous voice vote in the Financial Services
Committee to reauthorize it, and there has been strong support on the
other side of the Capitol in the Senate to reauthorize it. What we
simply want to do is make sure that when the program is reauthorized,
that the money is being held so these projects can go forward. $30
million is a very conservative amount of money.
The average HOPE VI project is indeed around 20 or $30 million. But
what this commitment of resources will do is to in effect preserve the
HOPE VI program and effectuate the intent of the Financial Services
Committee that HOPE VI be reauthorized.
Let me thank someone who is not in the Chamber at this point, my
colleague from Florida, Congresswoman Katherine Harris. She worked very
hard to bring this amendment to the floor last year. She has worked
very hard to give us support for it tonight. I certainly thank her for
her bipartisan commitment.
But it is a very simple statement, Mr. Chairman. If we value a future
for public housing, if we want to transform the lives of these
communities, this is a small nominal amount in a massive Federal budget
of $3.7 trillion. It is literally a drop in the bucket, but it is a
very meaningful drop in the bucket for many families who are living in
urban centers all around this country.

[[Page H3853]]

Mr. Chairman, I reserve the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I rise to oppose the amendment.
The Acting CHAIRMAN (Mr. Goodlatte). The gentleman from Michigan is
recognized for 10 minutes.
Mr. KNOLLENBERG. HOPE VI was intended to demolish 100,000 units of
severely distressed public housing units, and the program has
accomplished that goal. However, there is currently $80 million in
unobligated funds going back as far as 10 years-plus. And get this, an
additional $2 billion remains in unexpended balances. That is money.
These unobligated and unexpened balances mean the program will be
spending out for years to come. As of the end of fiscal year 2005, only
23 percent of all projects have been completed. We need to focus on
completing what has already been approved, not adding to the already
large backlog of unfinished work. Therefore, I urge a ``no'' vote on
this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. DAVIS of Alabama. Mr. Chairman, I yield 1 minute to the gentleman
from North Carolina (Mr. Watt).
Mr. WATT. Mr. Chairman, I just want to rise in support of the
amendment. A number of us have worked hard for a number of different
years to save, reauthorize, and fund the HOPE VI program.
The gentleman is right: they have funds in the process, but you can't
revitalize communities overnight. They seem to have lost sight of the
fact that it takes a long time to rebuild a community that starts off
being dilapidated public housing. You have to tear it down, you have to
enter into public-private ventures around that community to restore
housing, and that takes time.
When people criticize the fact that there is money in the pipeline
that has not been expended, that simply reaffirms the purpose for which
HOPE VI was initiated in the first place, to restore communities, not
to just build houses. That takes time. We need this money to continue
the process.
Mr. DAVIS of Alabama. Mr. Chairman, I yield 3 minutes to the
gentlewoman from Florida (Ms. Harris) and thank her for her outstanding
work on this issue.
Ms. HARRIS. Mr. Chairman, I rise today to offer an amendment with my
friend and colleague from Alabama (Mr. Davis). This would restore the
funding for the Department of Housing and Urban Development's HOPE VI
programs.
Created in 1992 to renovate existing public housing sites and replace
them with new mixed-income housing, the HOPE VI grant program has been
remarkably successful at revitalizing some of our most troubled and
distressed communities. We have all seen stories of the conditions that
exist in public housing developments throughout the Nation, dilapidated
buildings and homes, infestations of insects and rodents, barely
functional plumbing and sewage, high rates of violence and crime. These
are the conditions that have overtaken too many of our public housing
facilities, the conditions in which too many families are struggling to
live and raise children.
This program is aptly named because hope is exactly what these grants
bring to communities. I can speak firsthand of the outstanding results
of this program. In the City of Bradenton, Florida, we have already
been completely revitalized as a result of HOPE VI grants.
The result is Bradenton Village, a successful partnership between the
local government, the private sector, and the Federal Government to
restore and revitalize a community that only a few years ago was
crumbling and suffering. Today, Bradenton Village is a vibrant and
thriving area and a testament to HOPE VI grants. That success is not
limited to Florida.
This remarkable program has been responsible for rebuilding
substandard housing and replacing it with quality, affordable housing
across the country. It is not just about bricks and mortar. By creating
more options, giving a consumer more and better choices in housing,
education, job training and job placement, HOPE VI grants transform
lives.
If this amendment is adopted, the HOPE VI program can continue to
deliver upon its promises. The Davis-Harris amendment seeks to restore
$30 million to the HOPE VI program so that they can continue in their
mission of revitalizing American communities. This $30 million is a far
cry from the funding HOPE VI has received in the past; it is less than
a third of the $99 million that the program received last year, for
example, but it is enough to keep the program alive so that we can
continue to help these communities where it is making such a tremendous
difference.
The amendment is fiscally responsible, as the $30 million we are
requesting for HOPE VI will be offset by reducing funding HUD's
Management and Administrative Salaries and Expense Funds. Additionally,
according to the Congressional Budget Office, the amendment budget
authority is neutral and as a result, a net outlay savings of $22
million.
I know some of my colleagues have been concerned about the
administration of the HOPE VI program. There have been complaints that
the funds are not dispersed as swiftly or as efficiently as they could
be. I share some of those concerns, and I want to see the program
operate at maximum efficiency and effectiveness.
If the management of the program can be made more effective, by all
means let us make it more effective. But let us not give up on the
program just when it is making a difference in people's lives. Let us
not give up on HOPE VI. Let us not give up on the strength and
possibilities of our communities. I urge my colleagues to support the
Davis-Harris amendment. Let us keep hope alive.
Mr. DAVIS of Alabama. Mr. Chairman, I yield myself the balance of my
time.
Let me put several things in perspective. Mr. Watt made the obvious
point that these projects take awhile to succeed. Therefore if we stop
the funding flow, it will make it impossible for commitments to be made
that have been kept.
Observation number two, we need this appropriation of funds to
effectuate the intent of Congress. The committee that has jurisdiction
over HOPE VI, the Financial Services Committee, has voted unanimously
on a voice vote to reauthorize HOPE VI.
The Senate has expressed or manifested the same plan to reauthorize
HOPE VI. If we don't put funding forward, the clear-cut congressional
intent will be undercut in this instance.
Third of all, there is a strong, clear congressional intent from the
last several budget cycles. Four times in a row now, the administration
has tried to zero out HOPE VI. Every single time Congress has put it
back.
The Senate had put $100 million back last year. The House, in a
strong bipartisan vote, put $60 million back. We anticipate the Senate
will put another significant amount back into this budget.
The next point, talk to the people who have seen this work on the
ground. The League of Cities, a bipartisan collection of mayors and
leaders of municipalities, has endorsed this amendment. They are an
eloquent testament to the fact that HOPE VI revitalizes neighborhoods.
The National Home Builders, a strong bipartisan group, has given its
endorsement to this amendment. They have a statement it meets important
private sector and public sector goals.
We don't have to look very far other than the quotes of some of our
own colleagues. Charlie Dent from Pennsylvania, a Republican the last
time I checked, this ``project will be a catalyst for the
revitalization of the entire community and it will serve as a model of
what public housing can and should be, a path to homeownership for its
residents.''
Fred Upton, a Republican from Saint Joseph, Michigan: ``This is
tremendous news for the Benton Harbor community. It is another example
of folks from the local State and Federal levels coming together for
the betterment of Benton Harbor.''
Anne Northup, our colleague from Louisville, a Republican: ``A HOPE
VI grant, great news for Louisville, a major investment in the downtown
neighborhood.''
My good friend and our colleague, Chip Pickering from Mississippi, a
Republican the last time I checked: ``The full range of this project
will not only improve the lives of the residents in

[[Page H3854]]

my district, but also their children for years to come. The HOPE VI
grant represents a significant investment to the overall economic
development and renewal of the East Mississippi region.''
Our colleague from Connecticut (Mr. Shays), a Republican the last
time I checked, talks about the wonderful collaboration of the Stamford
Housing Authority, the Fairfield Resident Council and the City of
Stamford to make this project a reality.
There is an overwhelming statement from our colleagues on both sides
of the aisle about the utility of HOPE VI. So for this body to fail to
pass this Davis-Harris amendment will not only be in contradiction of
what we say in our press releases, it would be in contradiction of what
the U.S. Senate seeks to do and would be in contradiction of what we do
with our own votes.
While the administration fails to get the message, I think that our
colleagues in this body tonight will get the message. I urge passage of
this bipartisan amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Alabama (Mr. Davis).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. DAVIS of Alabama. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Alabama will
be postponed.

Amendment Offered by Mr. Inslee

Mr. INSLEE. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Inslee:
Page 85, line 11, after the dollar amount, insert the
following: ``(increased by $261,000,000)''.
Page 194, line 1, after ``2007'', insert the following:
``(reduced by $261,000,000)''.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Washington (Mr. Inslee) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Washington.
Mr. INSLEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this would restore $260 million to the Public Housing
Capital Fund. As Members know, this is a critical fund that delivers
housing services to make sure that our public housing is up to snuff
and our citizens can live in safe housing.
This is a fund that makes sure that the roofs don't leak on our
citizens, air ventilation doesn't cause asthma, and we don't allow
termites to infest our public housing facilities. Despite the
criticality of that fund, the current bill as proposed would cut $260
million, an 11 percent slash out of this budget of this very important
fund.
Mr. Chairman, we will simply restore that cut to go back to the
status quo of the level of funding for the Public Housing Capital Fund.

{time} 1915

The reason we suggest this is that our offset for this would be a
small cut to the Federal building budget. It would essentially result
in about a 3.5 percent cut to the Federal building budget, and what we
suggest by this amendment is that in difficult times, if we are going
to have to have cuts in these Federal budgets, it should first come out
of where we house our Federal agencies and, second, come out of where
we house our citizens.
Our citizens ought to have first claim to the money. The kids that we
are trying to avoid an epidemic of asthma, some of which we believe is
caused by poor housing, they ought not to be suffering right now if we
have to slash some budget. If we have to delay some bureaucracy,
getting an upgrade in an agency, that is really a delay that kids in
public housing cannot take a slash in the health of these budgets.
I just want to point out the one thing that this public housing fund
does that is so effective.
One of the problems of our folks in public housing are their energy
costs. A lot of these people pay 50 percent and more of their income in
housing costs, and their energy costs eats them alive. I looked at St.
Paul. Over 26 percent of all the evictions there were essentially
caused because of high utility costs, and one of the things this public
housing fund can do is help get better weatherization, more efficient
heating/cooling systems to reduce energy costs. In fact, if we reduce
our energy costs by 10 percent, we will save $20 billion of these folks
in public housing.
So our amendment does some things that are very common sense. It will
go back to status quo. It will restore a $260 million slashed cut to
public housing. It will offset that by a 3.5 percent cut to the Federal
budget. Let us give first priority to our citizens and their housing
and second priority to a small cut to housing some of our Federal
agencies. It is the right thing to do. It is common sense.
Mr. Chairman, I reserve the balance of my time.
Mr. SWEENEY. Mr. Chairman, I claim the time in opposition.
The Acting CHAIRMAN. The gentleman from New York is recognized for 5
minutes.
Mr. SWEENEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I oppose this amendment and would point out that this
is not an amendment that simply cuts money out of the bureaucracy. It
is not a bureaucratic cut.
The cuts proposed by the amendment are irresponsible in today's
atmosphere where immigration and terrorism threats to the government
and U.S. citizens are real.
Cutting the Federal buildings fund by $261 million would leave the
fund without the resources it needs to build critical, secure crossings
on our southern border with Mexico and strengthen the Federal buildings
against the threat of terrorism.
Let me repeat that. Vote for this amendment and you are voting
against building border crossings on the U.S.-Mexico border and against
funding to secure Federal buildings against terrorism.
The amendment would completely eliminate GSA's new construction of
six border stations at the crossings in McAllen, Texas; El Paso, Texas;
San Luis, New Mexico; Columbus, New Mexico; Calexico, California; and
Nogales, Arizona. In addition, the amendment would eliminate the Food
and Drug Administration's Montgomery County, Maryland project, as well
as the remote delivery facility in Anacostia for mail sorting for the
Federal Government, something that is sadly needed with the threat of
anthrax and other deadly substances in our government now.
Funds would be cut that are needed to secure Federal buildings to
protect workers and the general public from possible terrorist attacks.
As much as higher funding for the capital fund would be nice, there
are more pressing needs in this bill.
This amendment is irresponsible, and I would urge its defeat, Mr.
Chairman.
Mr. Chairman, I reserve my time.
Mr. INSLEE. Mr. Chairman, I yield myself such time as I may consume.
Well, while I respect my friend's argument, it is quite artful, but
not every dollar spent by the Federal Government goes to terrorism, as
the suggestion would be.
Let us be real here in this discussion. We will leave $7.44 billion
in the Federal building fund, and in that fund the vast majority of
those dollars are spent for housing Federal office workers, not Border
Patrol, and to suggest that somehow that if this cut takes place we are
going to be bombarded by immigrants is a great stretch, artful perhaps,
but a tremendous stretch.
What we are really talking about, we are talking about delaying
perhaps for a year expanded Federal bureaucracies and the square
footage they have in their Federal offices and office buildings
scattered all across America. We are talking about suggesting that that
delay in expanding the square footage for Federal office workers, as
hard as they work and I respect them a bunch, is something that we
ought to figure is a common-sense thing to do, instead of cutting $260
million when people are living in substandard housing that has an $18
billion backlog.
So, let us look at the real life and not get wrapped around the
argument that anything that changes a Republican budget somehow smacks
of being soft

[[Page H3855]]

on terrorism. That is a great stretch, and I do not think that dog will
hunt.
We are talking about a small reduction of 3.5 percent in a $7.7
billion budget for office budgets. Let me just give you an example of
what we are talking about.
There is $4.3 billion for rental space, $277 million in current
funding in this budget. Maybe a little bit of that could be deferred.
There is $2 billion for building operations, $119 million, 6 percent
more than cut funding. That is common sense.
Let us give first priority to our housing.
Mr. SWEENEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would point out to my good friend that I probably,
more than any other Member in this body, have great understanding of
what public housing funds are for. I grew up in public housing.
Nevertheless, this bill is about balancing the priorities that we need
in this age of terrorism and threat of terrorism. In this age of
immigration reform, I think that these funds need to fully be kept in
as they have been appropriated by the committee.
Mr. Chairman, I yield 2 minutes to the gentleman from Kansas (Mr.
Tiahrt).
Mr. TIAHRT. Mr. Chairman, I thank the gentleman from New York.
I am pleased that the gentleman from the State of Washington is
concerned about the expanding Federal bureaucracy, and I look forward
to working with him to make sure that our Federal Government does not
grow at fast of a pace because when it does it makes us less
competitive, but the issue here is whether we should divert money to
the issue that the gentleman would like to have it diverted to.
$260 million is a lot of money. There has been a lot of preparation
in the allocation of the money that has come to the subcommittee and to
the full Committee of Appropriations. Difficult decisions were made,
but more importantly, this money that would be taken from the GSA is to
address a very important, vital need in our society today, and that is
the immigration challenge that we are facing today.
Many of you have received bricks in your office from constituents.
Those bricks represent the necessity of building a stronger border
along the southern part of this country. This money that is being
diverted in this amendment would take money from six border stations:
McAllen, Texas; El Paso, Texas; San Luis, New Mexico; Columbus, New
Mexico; Calexico, California; and Nogales, Arizona. People are coming
across because we have not established our own borders in this country.
We have not established our southern border. These six border stations
will help do this establishment of our borders.
Now, there is always something that people feel like is a higher
priority, but today, if you stop the first 12 people on Main Street,
America, and ask them do what you want with this $260 million going to
this Federal housing project or do you want it to go to the border to
stop the illegal flow of immigrants coming in, I guarantee you that all
of them will say to you, let us stop the flow of illegal immigrants
into the country. First, let us take care of the ones that are here,
find a system that incorporates them into our work needs and into our
culture, and then let us move on to something else. Let us move on to
the needs that we have in meeting the challenges of those who are lower
income groups.
This amendment would take away from that goal of fixing our borders,
and I would suggest that we vote it down.
Mr. SWEENEY. Mr. Chairman, I yield myself the remaining time.
In conclusion, let me just say I strongly oppose this amendment
because of its impact on some vital security needs. I would point out
to the gentleman and my friends, of the $261 million he diverts over
into public housing, 20 percent of it could be used for administrative
costs in the current form of the structure that it is used.
This money is needed and has been prioritized as such, and I would
urge my colleagues to vote ``no.''
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Washington (Mr. Inslee).
The amendment was rejected.
Mr. INSLEE. Mr. Chairman, I request a recorded vote.
The Acting CHAIRMAN. The gentleman's request is untimely.
The Clerk will read.
The Clerk read as follows:

Public Housing Operating Fund

For 2007 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g(e)), $3,564,000,000: Provided, That
all funds made available under this heading shall be
allocated to public housing agencies in accordance with the
terms, conditions, criteria and methodology set forth in the
Housing and Urban Development Department Correction for
Formula Implementation Date notice (Correction Notice)
published in the Federal Register on October 24, 2005 and
shall not be allocated using any other formula unless
approved by the Committee: Provided further, That of the
total amount provided under this heading $9,900,000 in bonus
funds shall be provided to public housing agencies that
assist program participants in moving away from dependency on
housing assistance programs: Provided further, That of the
total amount provided under this heading, $5,940,000 shall be
for technical assistance related to the transition and
implementation of asset-based management in public housing:
Provided further, That, in fiscal year 2007 and all fiscal
years hereafter, no amounts under this heading in any
appropriations Act may be used for payments to public housing
agencies for the costs of operation and management of public
housing for any year prior to the current year of such Act:
Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended.

Native American Housing Block Grants

(including transfer of funds)

For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $625,680,000, to remain available until
expended: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race Census data and with the need component
based on multi-race Census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That of
the amounts made available under this heading, $990,000 shall
be contracted through the Secretary as technical assistance
and capacity building to be used by the National American
Indian Housing Council in support of the implementation of
NAHASDA; $3,465,000 shall be to support the inspection of
Indian housing units, contract expertise, training, and
technical assistance in the training, oversight, and
management of such Indian housing and tenant-based
assistance: Provided further, That of the amount provided
under this heading, $1,980,000 shall be made available for
the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That
such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$14,938,825: Provided further, That for administrative
expenses to carry out the guaranteed loan program, up to
$148,500 from amounts in the third proviso, which shall be
transferred to and merged with the appropriation for
``Salaries and Expenses''.

Native Hawaiian Housing Block Grant

For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $8,815,000, to remain available until expended, of
which $299,211 shall be for training and technical
activities.

Indian Housing Loan Guarantee Fund Program Account

(including transfer of funds)

For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $3,960,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $116,276,000, to remain available until committed.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $247,500 from amounts in the
first paragraph which shall be transferred to and merged with
the appropriation for ``Salaries and Expenses''.

[[Page H3856]]

Native Hawaiian Housing Loan Guarantee Fund Program Account

(including transfer of funds)

For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,010,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $43,000,000, to remain available until committed.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the
first paragraph which shall be transferred to and merged with
the appropriation for ``Salaries and Expenses''.

Community Planning and Development

Housing Opportunities for Persons With AIDS

(including transfer of funds)

For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $300,100,000, to remain
available until September 30, 2008, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2009: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3)
of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized
under this section: Provided further, That the Secretary may
use up to $1,485,000 of the funds under this heading for
training, oversight, and technical assistance activities and
$1,485,000 shall be transferred to the Working Capital Fund.

Amendment Offered by Mr. Nadler

Mr. NADLER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Nadler:
Page 91, line 20, after the dollar amount, insert the
following: ``(increased by $10,000,000)''.
Page 105, lines 5 and 6, after each of the dollar amounts,
insert the following: ``(reduced by $10,000,000)''.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from New York (Mr. Nadler) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment would increase the appropriation for the
Housing Opportunities for Persons With AIDS program, or HOPWA, by $10
million.
Frankly, this is a very modest amount. Earlier this year, more than
100 Members joined me and Representatives Ros-Lehtinen and Crowley in
asking the Appropriations Committee for $424 million in HOPWA funding
for fiscal year 2007.
I am relieved that the President finally asked for a $14 million
increase over last year in HOPWA funding, and I am very grateful to
Chairman Knollenberg and Ranking Member Olver for meeting his request
and funding the program at this level.
But the sad truth is that this year's HOPWA level barely keeps up
with inflation. Three years ago in 2004, HOPWA was funded at $295
million. That the program will see an increase in 2004 to 2007 of $5
million in 3 years is not enough even to meet inflation.
Housing needs have grown faster than inflation. Adequately meeting
the housing needs of all those living with HIV and AIDS would take over
$2 billion. Nationwide, thousands of people are now on waiting lists
for HOPWA-funded housing, and with 91 percent of HOPWA recipients
having family incomes of less than $1,000 per month, program recipients
simply cannot afford the shortfall.
The costs associated with new AIDS treatments often force people to
choose between essential medications to enable them to survive and the
necessities such as housing. Without adequate HOPWA funding, AIDS
patients will continue to flood our emergency rooms and our Medicaid
rolls and will be forced to live on the streets.
This HOPWA funding does not simply get people with HIV and AIDS off
of the streets. Recent studies have shown that housing in many cases
equates directly to HIV prevention because people with housing are much
more likely to know their HIV status and, therefore, less likely to
transmit the disease to others. Improvements in housing status also
lead to lower rates of high-risk behavior, such as intravenous drug
use, which can lead to the spread of the disease.
HOPWA is an extremely fiscally sound program. It is locally
controlled and provides maximum flexibility to States and communities
to design approaches that best respond to local housing needs. In
fiscal year 2006 alone, HOPWA funds will support the delivery of
services to roughly 71,500 households in all 50 States.
I realize that, given the record deficits that we have, funding HOPWA
at the $2 billion level it should have is not realistic. The financial
constraints that we face put us in an unfortunate bind. There is much
room for improvement.
I, again, thank the chairman and ranking member for the increase that
they proposed, but given the scarce resources of this bill, a $10
million increase beyond that, which means we will have an increase by
$5 million in 3 years, is I think more than warranted, and that is what
this amendment is.

{time} 1930

I am grateful for HOPWA's increase this year, but I urge a further
increase of $10 million, so it is a net increase of $5 million in 3
years.
Mr. Chairman, I reserve the balance of my time.
Mr. SWEENEY. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN. The gentleman from New York is recognized for 5
minutes.
Mr. SWEENEY. Mr. Chairman, I would ask the gentleman from New York if
his intention is to withdraw the amendment, as we were led to believe.
Mr. NADLER. Mr. Chairman, I will withdraw the amendment if necessary.
Mr. SWEENEY. It is necessary.
Mr. NADLER. I regret to hear that, but I will withdraw the amendment.
Mr. SWEENEY. Mr. Chairman, I thank the gentleman, and I yield back
the balance of my time.
The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
The Acting CHAIRMAN. The Clerk will read.
The Clerk read as follows:

Community Development Fund

For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,200,000,000, to remain
available until September 30, 2009, unless otherwise
specified: Provided, That of the amount provided,
$3,872,580,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for
planning grants provided in the second paragraph and amounts
made available under the third paragraph), not to exceed 20
percent of any grant made with funds appropriated under this
heading shall be expended for planning and management
development and administration: Provided further, That
$57,420,000 shall be for grants to federally-recognized
Indian tribes notwithstanding section 106(a)(1) of such Act,
of which, notwithstanding any other provision of law
(including section 305 of this Act), up to $3,960,000 may be
used for emergencies that constitute imminent threats to
health and safety.
Of the amount made available under this heading,
$250,000,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the statement of managers
accompanying this Act: Provided, That none of the funds
provided under this paragraph may be used for program
operations: Provided further, That, for fiscal years 2005,
2006, and 2007, no unobligated funds for EDI grants may be
used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or
construction: Provided further, That funds awarded to each
grantee under this paragraph shall be matched by 40 percent
in funding by each grantee.
Of the amount made available under this heading,
$20,000,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in
areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing
benefits can be integrated more effectively with welfare
reform initiatives: Provided, That amounts made available
under this paragraph shall be provided in accordance with the
terms and conditions specified in the statement of managers
accompanying this Act: Provided further, That

[[Page H3857]]

funds awarded to each grantee under this paragraph shall be
matched by 40 percent in funding by each grantee.

HOME Investment Partnerships Program

(including transfer of funds)

For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,891,890,000, to remain available
until September 30, 2009: Provided, That of the total amount
provided in this paragraph, up to $41,580,000 shall be
available for housing counseling under section 106 of the
Housing and Urban Development Act of 1968, and $9,000,000
shall be available for contracts to provide counseling of
prospective HECM borrowers as required by subsection (f) of
section 255 of the National Housing Act (12 U.S.C. 1715z-20):
Provided further, That $3,465,000 shall be transferred to the
Working Capital Fund: Provided further, That up to $9,900,000
shall be available for technical assistance.
In addition to amounts otherwise made available under this
heading, $24,750,000, to remain available until September 30,
2009, for assistance to homebuyers as authorized under title
I of the American Dream Downpayment Act.

Amendment Offered by Ms. Jackson-Lee of Texas

Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Jackson-Lee of Texas:
Page 95, line 3 strike ``September 30, 2009'' and insert
``December 31, 2009''.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from Texas (Ms. Jackson-Lee) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. I thank the distinguished chairman of the
committee, the ranking member, Mr. Olver, and the chairman of this
committee for the hard work that has been done. This truly does go,
very briefly, to the American Dream. Interestingly enough, it is a
bipartisan dream. It is a commitment that we have made over the years,
which is to ensure the opportunity for homeownership for all Americans.
This is made possible by the authorizing legislation, the American
Dream Downpayment Act, which was a combination of Members, both
Republicans and Democrats.
This amendment does a very simple act, and it is an act that we could
consume and has a de minimis impact, except for those who are still
trying to seek the American Dream. It allows them to do so until
December 31, 2009. This amendment extends the availability of funding
on the American Dream Downpayment Act for an additional 3 months.
On December 16, 2003, the President signed the American Dream
Downpayment Act, a program that provides grants to help home buyers
with downpayment and closing costs. The Home Improvement Partnership
Program is funded at $1.9 billion in FY 2007, an increase of $159
million, or 9 percent above FY 2006, and equal to the President's
request.
Since its inception, the HOME program has assisted more than 300,000
families to become homeowners, 55 percent of whom are minorities. More
than two dozen organizations are working to create more than $1
trillion in mortgage financing for minority home buyers.
As we look at the landscape of America, one natural disaster after
another, we know that we are in a crisis on either homeownership or the
rebuilding of homes. So, Mr. Chairman, I think it is important if we
have a program that appears to be working that we give those extra
added months in order to help Mr. and Mrs. Jones, Mr. and Mrs. Garcia,
Mr. and Mrs. Smith, Mr. and Mrs. Johnson, just Mr. and Mrs. America who
are eligible for this program.
I would say to you that because 55 percent are minorities, that means
that 45 percent are all of America. This is a 100 percent program that
responds to working Americans. The purpose of this program is to
increase the homeownership rate, especially, as I indicated, among
minority groups, but not limited to such. It gives the opportunity to
hardworking Americans, single parents, single individuals, married
individuals, and people who want to invest in their community.
It allows communities that have lower rates of homeownership when
compared to the national average to be engaged in the home-buying
business. It provides them with lower closing costs by approximately
$700 per loan in order to stimulate homeownership for all Americans.
About 3 years ago, Mr. Chairman, I had a homeownership fair where
6,000 Houstonians showed up. Six thousand, looking for the opportunity.
This amendment is a simple statement that we are committed to
homeownership and allows for the homeownership to go forward until
December 30, 2009.
Mr. Chairman, I rise to offer an amendment to H.R. 5576, which
replaces ``September 30, 2009'' with ``December 31, 2009'' as the date
where funds made available for the American Dream Down Payment Act are
available.
This amendment extends the availability of the funding under the
American Dream Down Payment Act for an additional three months.
On December 16, 2003, President George W. Bush signed the American
Dream Downpayment Act, a program that provides grants to help home
buyers with downpayments and closing costs. The HOME Investment
Partnerships Program is funded at $1.92 billion in FY 2007, an amount
increase of $159 million (9 percent) above FY 2006 and equal to the
President's request.
Since its inception, the HOME Program has assisted more than 300,000
families to become homeowners, 55 percent of which are minorities. More
than two dozen organizations are working to create more than $1
trillion in mortgage financing for minority home buyers.
The purpose of the program is to increase the home ownership rate,
especially among minority groups, who have lower rates of home
ownership when compared to the national average, and to lower closing
costs by approximately $700 per loan in order to stimulate home
ownership for all Americans.
This amendment will help first-time homebuyers by allowing funds
appropriated to be available through December 30, 2009, to coincide
with typical lease calendars, and provide increased flexibility for
purchasing.
I urge my colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SWEENEY. Mr. Chairman, I claim the time in opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. SWEENEY. Mr. Chairman, I do so in opposition to this amendment
which I understand takes part of the program and makes it available
into the first quarter of fiscal year 2010. The problem with that is
that this adds an unneeded complication to the administration and
accounting of the HOME program and is unnecessary since under existing
rules, if the funds are obligated on time, they will be available to
homeowners during the last quarter of the year.
Mr. Chairman, this causes a great deal of problems in the
administration of this program, so I would urge my colleagues to vote
``no'' on this amendment.
Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, how much time remains?
The Acting CHAIRMAN. The gentlewoman from Texas has 1\1/2\ minutes
remaining.
Ms. JACKSON-LEE of Texas. Mr. Chairman, let me just say to the
distinguished chairman that I would like to err on the side of
hardworking, taxpaying Americans who have invested their taxes and look
forward to a return back home to them.
There are all kinds of complications, and I would suggest that the
extra added time frame for this program to be extended would in fact be
a plus for hardworking Americans seeking an opportunity for the
American Dream. I frankly think the procedural, if you will, barrier
can be remedied by this extension and my amendment.
I would ask all of my colleagues, Republicans and Democrats, to
invest in the American Dream by voting to extend this particular
provision and this particular investment in allowing them to buy the
one singular investment that all Americans should have an opportunity
to have: young couples, retiring couples, working couples of all races,
colors and creeds, and particularly the very positive impact it has on
minority Americans.
Mr. Chairman, I reserve the balance of my time.
Mr. SWEENEY. Mr. Chairman, I have no further speakers and I will
close on this side.
Ms. JACKSON-LEE of Texas. Do I have the opportunity to close, Mr.
Chairman?

[[Page H3858]]

The Acting CHAIRMAN. The gentleman from New York has the right to
close.
Ms. JACKSON-LEE of Texas. Not having any other speakers, and you have
no other speakers, let me again simply say that 55 percent of the
individuals impacted by the American Dream program through the HOME
monies are in fact minorities.
Having suffered through the travesty of Katrina, having suffered
through Wilma and Rita, we know many are in the process of rebuilding
and buying homes. Why not give them the extra added opportunity of a
mere 3 months to be able to do what is right for them so that the
American Dream is not extinguished because we are selfish on the floor
of the House.
I am delighted to ask my colleagues in a bipartisan manner to support
the Jackson-Lee amendment to invest in the American Dream for all
Americans, and that is to have an opportunity to buy and live in your
own home.
I yield back the balance of my time.
Mr. SWEENEY. Mr. Chairman, once again I reiterate the opposition by
the committee to this amendment. It is unnecessary and is an unneeded
complication. But I would make the final point that already in existing
appropriations the problem of the first quarter of next year will be
satisfied with $25 million that has been appropriated next year, which
will overlap between the 2007 and 2008 cycle, meaning this amendment is
not only unnecessary but wouldn't have the impact which is already
covered in the bill, in prior bills passed.
I urge my colleagues to vote ``no.''
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on amendment offered by the
gentlewoman from Texas (Ms. Jackson-Lee).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
The Clerk will read.
The Clerk read as follows:

Self-Help and Assisted Homeownership Opportunity Program

For the Self-Help and Assisted Homeownership Opportunity
Program, $60,390,000, to remain available until September 30,
2009: Provided, That of the total amount provided in this
heading $21,920,000 shall be made available to the Self Help
Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996,
as amended: Provided further, That $32,000,000 shall be made
available for capacity building, of which $31,000,000 shall
be for capacity building for Community Development and
affordable Housing for LISC and the Enterprise Foundation for
activities authorized by section 4 of the HUD Demonstration
Act of 1993 (42 U.S.C. 9816 note), as in effect immediately
before June 12, 1997, and $1,000,000 shall be made available
for capacity building activities administered by Habitat for
Humanity International: Provided further, That $3,500,000
shall be made available to the Housing Assistance Council;
$1,980,000 shall be available as a grant to the National
Housing Development Corporation for operating expenses and a
program of affordable housing acquisition and rehabilitation:
Provided further, That up to $990,000 shall be made available
for technical assistance.

Homeless Assistance Grants

(including transfer of funds)

For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy
program as authorized under the United States Housing Act of
1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act;
and the shelter plus care program as authorized under
subtitle F of title IV of such Act, $1,535,990,000, of which
$1,515,990,000 shall remain available until September 30,
2009, and of which $20,000,000 shall remain available until
expended: Provided, That not less than 30 percent of funds
made available, excluding amounts provided for renewals under
the shelter plus care program, shall be used for permanent
housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each
grantee: Provided further, That the Secretary shall renew on
an annual basis expiring contracts or amendments to contracts
funded under the shelter plus care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial
standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment
programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food
Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and
the Welfare-to-Work grant program: Provided further, That up
to $10,395,000 of the funds appropriated under this heading
shall be available for the national homeless data analysis
project and technical assistance: Provided further, That
$2,475,000 of the funds appropriated under this heading shall
be transferred to the Working Capital Fund: Provided further,
That all balances for Shelter Plus Care renewals previously
funded from the Shelter Plus Care Renewal account and
transferred to this account shall be available, if
recaptured, for Shelter Plus Care renewals in fiscal year
2007.

Housing Programs

Project-Based Rental Assistance

(including transfer of funds)

For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act''
herein), not otherwise provided for, $5,475,700,000, to
remain available until expended: Provided, That the amounts
made available under this heading are provided as follows:
(1) $5,326,240,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act, for renewal of section 8 contracts for units
in projects that are subject to approved plans of action
under the Emergency Low Income Housing Preservation Act of
1987 or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph.
(2) $145,500,000 for performance-based contract
administrators for section 8 project-based assistance:
Provided, That the Secretary may also use such amounts for
performance-based contract administrators for: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2)
of the Housing Act of 1959, as amended (12 U.S.C. 1701q,
1701q-1); project rental assistance contracts for supportive
housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act;
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667).
(3) No less than $3,960,000 shall be transferred to the
Working Capital Fund.
(4) Amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated.

housing for the elderly

(including transfer of funds)

For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing, $734,580,000, to remain
available until September 30, 2010, of which amount up to
$603,900,000 shall be for capital advance and project-based
rental assistance awards, of which amount up to $59,400,000
shall be for service coordinators and the continuation of
existing congregate service grants for residents of assisted
housing projects, and of which amount up to $24,750,000 shall
be for grants under section 202b of the Housing Act of 1959
(12 U.S.C. 1701q-2) for conversion of eligible projects under
such section to assisted living or related use and for
emergency capital repairs as determined by the Secretary:
Provided, That amounts under this heading shall be available
for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 capital
advance projects: Provided further, That no less than
$1,980,000 of the total amount made available under this
heading shall be transferred to the Working Capital Fund:
Provided further, That the Secretary may waive the provisions
of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration.

[[Page H3859]]

Amendment Offered by Ms. Harris

Ms. HARRIS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Harris:
Page 100, line 18, after the dollar amount, insert the
following: ``(increased by $12,000,000)''.
Page 102, line 3, after the dollar amount, insert the
following: ``(increased by $3,000,000)''.
Page 111, line 3, after the first dollar amount, insert the
following: ``(reduced by $12,000,000)''.
Page 195, line 4, after the dollar amount, insert the
following: ``(reduced by $3,000,000)''.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from Florida (Ms. Harris) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. HARRIS. Mr. Chairman, I rise today to address an affordable
housing crisis facing this Nation's most vulnerable populations.
Let me begin by recognizing the work of Chairman Knollenberg and the
committee in crafting this bill. In particular, I commend the
committee's work in addressing critical housing needs. However, I rise
today to offer an amendment to strengthen an extremely important
housing program for our Nation's low-income seniors and persons with
disabilities.
HUD's section 202 Supportive Housing for the Elderly Program funds
capital development grants and rental assistance contracts for
nonprofit housing sponsors to develop and maintain housing.
Since its inception in 1959, the program has demonstrated how a
successful partnership between public-private entities can maximize
efficiency and quality of a Federal housing program as well as
enhancing the sense of independence and self-reliance so important to
the mental health of our seniors.
HUD's section 811, Disabled Housing Program, is the only HUD program
that offers accessible and affordable supportive housing for
nonelderly, low-income persons with disabilities. The program provides
safe and affordable housing for people with the most severe
disabilities who rely on SSI income of $600 or less per month.
Funds in this program are used to develop and improve fully
wheelchair-accessible units of permanent supportive housing and to
foster the integration of citizens with disabilities into open housing
rather than confining them to nursing homes, public institutions, or
imposing them on families and friends.
The section 811 program is supported by groups including the United
Cerebral Palsy Association, the National Alliance for the Mentally Ill,
and the Arc of the United States.
As importantly, the restoration of funds would be offset by $12
million reductions in Housing and Urban Development Management and
Administration and $3 million in General Services Administration costs,
so there is no additional cost to America's taxpayers. In fact, CBO
scores this amendment as a net outlay savings of $11 million.
Mr. Chairman, my amendment would not bust the budget, nor would it
expand the size of government. Simply put, it would increase the
opportunities available to seniors and the disabled to find the
affordable, safe and secure housing that they deserve. I strongly
encourage my colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SWEENEY. Mr. Chairman, I rise in opposition to this amendment.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. SWEENEY. Mr. Chairman, while I recognize that the gentlewoman
from Florida has great intentions here, this bill, as we have said, is
all about choosing priorities and making some difficult choices. The
proposed reduction in HUD S&E funds, combined with the need to absorb a
one-half percent increase in the Federal pay raise, will necessitate a
further reduction in HUD's staffing level of several hundred full-time
equivalent staff positions, making it more difficult for HUD to provide
sufficient oversight and risk management in its significant housing and
community development program delivery.
Regarding the cuts to GSA, I make note that we are at the start of
the hurricane season, and these funds that would be cut support the
Office of Citizen Services and Communications, the Nation's focal point
for information and services offered by the Federal Government. This
infrastructure has been a resource in the time of crisis or unexpected
events, most recently as a means to provide valuable information to
citizens after Hurricane Katrina. Reductions could impact the hours of
operation of our call centers for victims of hurricanes this year.
These accounts also fund GSA's real and personal property utilization
and disposal programs from which we transfer assets no longer needed by
the Federal Government to State and local governments and nonprofit
organizations, saving millions of dollars.

{time} 1945

Cutting these funds delays in transferring properties to eligible
recipients and delays in generating sales proceeds from disposal
actions.
The amendment would cut funds for the Office of Governmentwide
Policy, which carries out various policy functions assigned by Congress
that is separate from GSA's operations. For example, these are the
folks who set per diem rates and travel policy for government
employees.
Mr. Chairman, cutting GSA operating expenses is the surest way to
bring the operations of the Federal Government to a grinding halt. And
while ``government'' bashing may be popular with many folks, we found
out with the devastating hurricane season last year that many citizens
want their government to respond to them in times of need. I ask
Members to oppose this amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. HARRIS. Mr. Chairman, I yield myself the balance of my time.
I want to commend the chairman for the bill which addresses important
issues, including transportation, the war on drugs and Judiciary, and
critical housing needs.
I acknowledge that there are robust funding levels for these programs
in the underlying bill. However, our Nation's seniors in their golden
years deserve access to affordable housing. We owe it to persons with
disabilities to provide them with the opportunity to live their lives
to the fullest.
This additional $15 million for these important programs is judicious
from budgets of tens of hundreds of millions of dollars. But
nonetheless, Congress must demonstrate its resolve to forthrightly
pursue these important and noble goals.
I strongly urge my colleagues to step up and show your commitment to
tackle the affordable housing crisis facing our Nation's most
vulnerable citizens such as our seniors and persons with disabilities.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Harris).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Ms. HARRIS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.

Amendment Offered by Ms. Jackson-Lee of Texas

Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Jackson-Lee of Texas:
Page 101, line 9 after ``Fund;'', ``Provided further, that
all tenant-based assistance made available under this heading
shall continue to remain available to all eligible elderly
applicants''.

Mr. SWEENEY. Mr. Chairman, I reserve a point of order.
The Acting CHAIRMAN. The gentleman reserves a point of order.
Pursuant to the order of the House of today, the gentlewoman from
Texas (Ms. Jackson-Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.

[[Page H3860]]

Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
I offer my appreciation to the ranking member, Mr. Olver, and Mr.
Knollenberg, and of course the chairman and the ranking member of the
full committee.
This is a difficult task, but as I stand here today, I argue that it
is a difficult posture to be in, to be elderly in America and to be
without housing. We have already heard the stories about the choices
that our elderly citizens have to make, sometimes between food,
prescription drugs and, of course, housing.
In my own community in Houston as we are hosting thousands of
Hurricane Katrina survivors, we have found the most vulnerable to be
senior citizens, individuals who are without income or a future in
terms of the work world and need to have some housing.
This is a simple amendment. This amendment says all tenant-based
assistance made available under this heading shall continue to remain
available to all eligible elderly applicants. Who could be against this
simple statement?
I would ask my colleagues on the other side of the aisle to consider
the vast numbers of the growing population of elderly, and let's try to
do something about their plight.
In the year 2000, the elderly made up 12.4 percent of the population.
The total number of elderly increased 12 percent from 1990 to the U.S.
Census in 2000. More than 7.4 million elderly households pay more than
they can afford for their housing. The number of elderly rental
households rose to 1.2 million between 1999 and 2001, an increase of 14
percent.
This extension or this compliance with the idea of having elderly
housing remain available for rental I think is a statement that
responds to the changing demographics of America, the problems of low-
income seniors facing multiyear housing assistance. Waiting lists are
exacerbated by the shrinking supply of suitable, affordable housing as
some owners convert existing units to market-rate housing.
Ask the many cities across America and the rural areas how many
thousands of individuals are on the Section 8 housing, if you will, and
they will respond thousands. And many of them are senior citizens.
Nearly 21 percent of elderly 65 and older reported not being able to
afford moderately priced housing in the area in which they live. Of
those individuals, 79 percent of those renting housing reported not
being able to afford rent prices in their own areas.
What can we do about it? We can simply acknowledge the fact that
tenant-based housing should be available for the elderly. Thirty-four
percent of older African American households and 41 percent of older
Hispanic households rent their household, compared with only 19 percent
of older white households. There is a population for rental assistance
for the elderly, and particularly in view of the evacuation, the
largest evacuation we can ever have imagined following Hurricanes
Katrina, Rita and Wilma.
This is an important amendment that I hope my colleagues would
support. But more importantly, I hope my dear friend would yield to
waiving the point of order so this amendment might be able to be passed
by this body.
Mr. Chairman, I rise to offer an amendment to H.R. 5576 that
emphasizes that all tenant-based assistance made available under this
heading shall continue to remain available to all eligible elderly
applicants.
In the year 2000, the elderly made up 12.4 percent of the population.
The total number of elderly increased 12 percent from 1990 (U.S. Census
2000).
More than 7.4 million elderly households pay more than they can
afford for their housing. The number of elderly rental households with
worst-case housing needs rose to 1.2 million between 1999 and 2001, an
increase of 14 percent.
The problems of low income seniors facing multi-year housing
assistance waiting lists is only exacerbated by the shrinking supply of
suitable, affordable housing as some owners convert existing units to
market-rate housing.
Nearly 21 percent of elderly 65 and over reported not being able to
afford moderately priced housing in the areas in which they live. Of
those individuals, 79 percent of those renting housing reported not
being able to afford rent prices in their areas. (U.S. Census 1995,
Housing Affordability)
Thirty-four percent of older African American households and 41
percent of older Hispanic households were renter households, compared
with only 19 percent of older white households. (1995 American Housing
Survey)
Approximately 19 percent of elderly African American and 11 percent
of older Hispanic households reported moderate or severe problems
regarding the physical condition of their housing units.
New tools are needed to help preserve these units and to provide the
supportive services that are so necessary for an aging population.
Housing for the Elderly and Housing for Persons with Disabilities are
funded at the FY 2006 levels of $735 million and $237 million
respectively. The President's budget cut Elderly Housing by $190
million (26 percent) and Housing for Persons with Disabilities by $118
million (50 percent).
This amendment emphasizes the intent of the funding under this
heading to assist the elderly, only and specifically the elderly, with
rental housing.
I urge my colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
The Acting CHAIRMAN. Does the gentleman from New York insist on his
point of order?
Mr. SWEENEY. I do, Mr. Chairman.

Point of Order

Mr. SWEENEY. Mr. Chairman, I make a point of order against the
amendment because it proposes to change existing law and constitutes
legislation in an appropriation bill and therefore violates clause 2 of
rule XXI.
The rule states in pertinent part: ``An amendment to a general
appropriations bill shall not be in order if changing existing law.''
The amendment is not merely perfecting and adds additional legislation.
I ask for a ruling from the Chair.
The Acting CHAIRMAN. Does the gentlewoman from Texas wish to be heard
on the point of order?
Ms. JACKSON-LEE of Texas. Am I able to speak after the ruling of
Chair on the point of order?
The Acting CHAIRMAN. The gentlewoman may speak in advance of the
ruling by the Chair.
Ms. JACKSON-LEE of Texas. Mr. Chairman, let me simply say that I have
asked respectfully for the opposing side, for the Republicans, to
acknowledge the plight of the elderly, and the percentage of them who
are suffering without having the ability to have housing.
The Acting CHAIRMAN. The gentlewoman must confine her remarks to the
point of order.
Ms. JACKSON-LEE of Texas. My position is that the enormity of the
need warrants a waiver of the point of order, and I would ask the
majority to waive the point of order so the elderly might be served in
rental housing so the choice they make is not health care or housing.
I ask for a ruling from the Chair in favor of my amendment.
The Acting CHAIRMAN. The paragraph to which the amendment has been
offered is a legislative provision permitted to remain under the rule.
The amendment offered by the gentlewoman from Texas proposes not
merely to perfect the language permitted to remain but to add
additional legislation thereto; namely, a requirement that certain
housing assistance remain available.
The amendment therefore constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained.
The Clerk will read.
The Clerk read as follows:

Housing for Persons With Disabilities

(including transfer of funds)

For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, for
project rental assistance for supportive housing for persons
with disabilities under section 811(d)(2) of such Act,
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, and for tenant-based rental
assistance contracts entered into pursuant to section 811 of
such Act, $236,610,000 to remain available until September
30, 2010: Provided, That no less than $990,000 shall be
transferred to the Working Capital Fund: Provided further,
That, of the amount provided under this heading up to
$74,745,000 shall be for amendments or renewal of tenant-
based assistance contracts: Provided further, That all
tenant-

[[Page H3861]]

based assistance made available under this heading shall
continue to remain available only to persons with
disabilities: Provided further, That the Secretary may waive
the provisions of section 811 governing the terms and
conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided
further, That amounts made available under this heading shall
be available for Real Estate Assessment Center inspections
and inspection-related activities associated with section 811
Capital Advance Projects.

Other Assisted Housing Programs

Rental Housing Assistance

For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, non-insured rental housing projects,
$24,750,000, to remain available until expended.

Manufactured Housing Fees Trust Fund

For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), up to $16,000,000
to remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund: Provided, That for the
dispute resolution and installation programs, the Secretary
may assess and collect fees and charges from any program
participant: Provided further, That such collections shall be
deposited into the Fund, and the Secretary, subject to
amounts made available under this heading, may use such
collections, as well as fees collected under such section
620, for necessary expenses of such Act: Provided further,
That in addition to amounts made available under this
heading, and notwithstanding the requirements of such section
620, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service
providers that are paid directly by the recipients of their
services: Provided further, That not to exceed the total
amount appropriated under this heading shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of
such Act: Provided further, That the amount made available
under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2007 so as
to result in no final fiscal year 2007 appropriation from the
general fund, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2007
appropriation.

Federal Housing Administration

mutual mortgage insurance program account

(including transfers of funds)

During fiscal year 2007, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2007, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $50,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales
of single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the
guaranteed and direct loan program, $351,450,000, of which
not to exceed $347,490,000 shall be transferred to the
appropriation for ``Salaries and expenses''; and not to
exceed $3,960,000 shall be transferred to the appropriation
for ``Office of Inspector General''. In addition, for
administrative contract expenses, $52,400,000, of which no
less than $23,562,000 shall be transferred to the Working
Capital Fund, and of which up to $10,000,000 may be for
education and outreach of FHA single family loan products:
Provided, That to the extent guaranteed loan commitments
exceed $65,500,000,000 on or before April 1, 2007, an
additional $1,400 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $30,000,000.

General and Special Risk Program Account

(including transfers of funds)

For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3
and 1735c), including the cost of loan guarantee
modifications, as that term is defined in section 502 of the
Congressional Budget Act of 1974, as amended, $8,600,000, to
remain available until expended: Provided, That commitments
to guarantee loans shall not exceed $35,000,000,000 in total
loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act;
and of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $229,086,000, of
which $209,286,000 shall be transferred to the appropriation
for ``Salaries and Expenses''; and of which $19,800,000 shall
be transferred to the appropriation for ``Office of Inspector
General''.
In addition, for administrative contract expenses necessary
to carry out the guaranteed and direct loan programs,
$72,778,000, of which no less than $10,692,000 shall be
transferred to the Working Capital Fund.

Government National Mortgage Association

Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

(including transfer of funds)

New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$100,000,000,000, to remain available until September 30,
2008.
For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $10,700,000,
to be derived from the GNMA guarantees of mortgage-backed
securities guaranteed loan receipt account, of which not to
exceed $10,700,000, shall be transferred to the appropriation
for ``Salaries and Expenses''.

Policy Development and Research

research and technology

For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970, as
amended (12 U.S.C. 1701z-1 et seq.), including carrying out
the functions of the Secretary under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $55,787,000, to remain
available until September 30, 2008: Provided, That of the
total amount provided under this heading, $5,000,000 shall be
for the Partnership for Advancing Technology in Housing
(PATH) Initiative: Provided further, That of the amounts made
available for PATH under this heading, $2,500,000 shall not
be subject to the requirements of section 305 of this title:
Provided further, That of the funds made available under this
heading, $20,394,000 is for grants pursuant to section 107 of
the Housing and Community Development Act of 1974, as
amended: Provided further, That activities for the
Partnership for Advancing Technology in Housing Initiative
shall be administered by the Office of Policy Development and
Research for Alaska Native serving institutions and Native
Hawaiian serving institutions as defined under the Higher
Education Act as amended, tribal colleges and universities,
the Historically Black Colleges and Universities program, and
the Hispanic Serving Institutions Programs.

Fair Housing and Equal Opportunity

fair housing activities

For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $44,550,000, to remain
available until September 30, 2008, of which $18,800,000
shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan.

Office of Lead Hazard Control

lead hazard reduction

For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $114,840,000, to remain available
until September 30, 2008, of which $8,712,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970 that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes
Initiative, Operation Lead Elimination Action Plan (LEAP), or
the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided
further, That not less than 90 percent of the funds made
available under this paragraph shall be used exclusively for
abatement, inspections, risk assessments, temporary
relocations and interim control of lead-based hazards as
defined by 42 U.S.C. 4851: Provided further, That each
recipient of funds provided under the first proviso shall
make a matching contribution in an amount not less than 25
percent: Provided further, That each applicant shall submit a
detailed plan and strategy that demonstrates adequate
capacity

[[Page H3862]]

that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a Notice of Funding Availability.

Amendment Offered by Ms. Slaughter

Ms. SLAUGHTER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Slaughter:
Page 109, line 14, after the dollar amount, insert the
following: ``(increased by $35,000,000)''.
Page 111, line 3, after the first dollar amount, insert the
following: ``(reduced by $35,000,000)''.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from New York (Ms. Slaughter) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. SLAUGHTER. Mr. Chairman, I would like to ask a favor. Mr. Terry
and I want to split this 5 minutes exactly in half, and so if you would
be kind enough to tell me when my time is up.
The Acting CHAIRMAN. The gentlewoman is recognized for 2\1/2\
minutes.
Ms. SLAUGHTER. Mr. Chairman, I rise today in strong support of the
Slaughter-Velazquez-Terry amendment to restore funding to HUD's
critically important Office of Lead Hazard Control.
This funding is necessary if we ever hope to eradicate childhood lead
poisoning by 2010, a imperative national goal. HUD's Office of Lead
Hazard Control provides grants to cities and States working to correct
serious lead hazards in low income and high-risk homes. The grants are
targeted to help the most vulnerable of our citizens, children under
the age of 6.
Mr. Chairman, this is not an isolated problem. Lead poisoning affects
nearly 434,000 American children each year between the ages of 1 and 5,
and it is unacceptable. High blood levels in children have been linked
to asthma, brain damage, hearing loss, hyperactivity and environmental
delays. We must not let that happen to our children. In extreme cases,
exposure to lead has caused seizures, comas and death.
In my district alone, over 2,000 children fall victim to lead
poisoning each year. Over 50 percent of the homes in Niagara and Erie
Counties were built before 1950 and are likely to contain lead paint.
In Erie County, 1,000 children will be found to have unsafe lead
levels.
A $1.5 million lead hazard control grant that went to the City of
Buffalo has been essential in local efforts to protect the children
from lead poisoning.
The City of Rochester is among the top 10 U.S. cities with the worst
lead paint problems. In 2004, 900 children in Monroe County were
exposed to lead poisoning. To combat the problem, Monroe County and the
City of Rochester have worked together using funding from HUD's lead
hazard control grant to make nearly 300 housing units lead free and
safe for children.
Lead hazard control grants work, but they are threatened by a lack of
funding. In fiscal year 2006, the Office of Lead Hazard Control
received $1.548 million, and that is $16 million less than in 2005. The
2007 appropriations bill makes it worse and cuts it more by $35
million. The need far outpaces the resources and slashing the funding
will significantly jeopardize the progress we have made.
I urge Members to support the Slaughter-Velazquez-Terry amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SWEENEY. Mr. Chairman, I rise in opposition.
The Acting CHAIRMAN. The gentleman from New York is recognized for 5
minutes.
Mr. SWEENEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I recognize noble intentions are at work here, but I am
very opposed to increasing this program at the expense of other
critical programs, and there are a number of reasons.
The committee mark fully funds the amount requested by the
administration and fully funds the program that has been in place for
the past decade. These funds go to State and local governments to abate
lead-based paint in homes that will not be restored through privately
funded modernization or resale.
Three years ago the Senate began a new demonstration program and
added between $50 and $75 million in additional funds. The House has
not included these funds in subsequent years, and the Senate has
attempted to continue the demonstration program each year. They may
well try to do it again.
The committee is simply not in a position to absorb a $35 million
increase in funding for this demonstration program at the expense of
other programs that are being funded at the 2005 level or below.
Once again, the proposed reduction in S&E funds, combined with the
need to absorb a one-half percent increase in the Federal pay raise,
will necessitate a further reduction in HUD's staffing level of several
hundred full-time equivalent staff positions, making it more difficult
for HUD to provide sufficient oversight and risk management in its
significant housing and community development program delivery.

{time} 2000

Therefore, Mr. Chairman, I would urge a ``no'' vote on this
amendment.
I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Chairman, I yield the remaining time to Mr. Terry.
The Acting CHAIRMAN. The gentleman from Nebraska is recognized for
2\1/2\ minutes.
Mr. TERRY. Mr. Chairman, I thank the gentlewoman from New York for
not only sponsoring this, but yielding me the time.
I rise in support of this amendment as a coauthor, cosponsor of this
important amendment. What this amendment does is it restores $35
million to help States combat childhood lead poisoning.
I happen to represent a district where a significant geographical
portion has been declared a Superfund site because of lead
contamination. Although the lead contamination in the soil is a
different issue and a different agency, the reality is one agency, EPA,
cleans up the yards from lead contamination. What they are finding is
that part of the contamination is also from the lead-based paint from
the outside or exterior of the home. At the same time, we have the lead
paint interior issues in these older, poorer parts of my city. So what
happens is we clean up one area and leave other contaminated areas. It
makes sense that we do a more holistic approach and clean up lead paint
at the same time in those homes.
But, unfortunately, the fund that deals with the lead paint for
houses has been cut. This program has already fallen from a previous
level of $175 million in fiscal year 2003. This appropriations bill
under consideration today would further cut the funding from $150
million in fiscal year 2006 to about $115 million in fiscal year 2007.
I realize the budget is tight, and we try to take this out of the
administrative salary side so we don't have to take it out of the
programs that Mr. Sweeney had referenced.
This is important to the health and safety of children in many inner-
city urban areas, and I respectfully request my colleagues support this
amendment.
Mr. SWEENEY. Mr. Chairman, let me just conclude by reiterating my
remarks that this is, as Mr. Terry pointed out, a year of very tough
budget numbers. But not only that, we need to control our spending
here.
The committee understands that, but also understands that it needs to
meet other priorities. The mark fully funds the amount requested by the
administration and fully funds the program that has been in place the
past decade. The cuts that are proposed as offsets would be too
substantial to absorb in the other programs. It would have a
devastating impact.
I would urge our colleagues to vote ``no.''
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York (Ms. Slaughter).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Ms. SLAUGHTER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by

[[Page H3863]]

the gentlewoman from New York will be postponed.
The Clerk will read.
The Clerk read as follows:

Management and Administration

salaries and expenses

(including transfer of funds)

For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms,
or allowances therefore, 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 $25,000 for official reception
and representation expenses, $1,141,117,000, of which
$556,776,000 shall be provided from the various funds of the
Federal Housing Administration, $10,700,000 shall be provided
from funds of the Government National Mortgage Association,
$148,500 shall be provided by transfer from the ``Native
American housing block grants'' account, $247,500 shall be
provided by transfer from the ``Indian housing loan guarantee
fund program'' account and $35,000 shall be transferred from
the ``Native Hawaiian housing loan guarantee fund'' account:
Provided, That funds made available under this heading shall
only be allocated in the manner specified in the statement of
the managers accompanying this Act unless the Committees on
Appropriations of both the House of Representatives and the
Senate are notified of any changes in an operating plan or
reprogramming: Provided further, That no official or employee
of the Department shall be designated as an allotment holder
unless the Office of the Chief Financial Officer (OCFO) has
determined that such allotment holder has implemented an
adequate system of funds control and has received training in
funds control procedures and directives: Provided further,
That the Chief Financial Officer shall establish positive
control of and maintain adequate systems of accounting for
appropriations and other available funds as required by 31
U.S.C. 1514: Provided further, That for purposes of funds
control and determining whether a violation exists under the
Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract,
except with respect to insurance and guarantee programs,
certain types of salaries and expenses funding, and
incremental funding that is authorized under an executed
agreement or contract, and shall be designated in the
approved funds control plan: Provided further, That the Chief
Financial Officer shall: (1) appoint qualified personnel to
conduct investigations of potential or actual violations; (2)
establish minimum training requirements and other
qualifications for personnel that may be appointed to conduct
investigations; (3) establish guidelines and timeframes for
the conduct and completion of investigations; (4) prescribe
the content, format and other requirements for the submission
of final reports on violations; and (5) prescribe such
additional policies and procedures as may be required for
conducting investigations of, and administering, processing,
and reporting on, potential and actual violations of the
Anti-Deficiency Act and all other statutes and regulations
governing the obligation and expenditure of funds made
available in this or any other Act: Provided further, That up
to $15,000,000 may be transferred to the Working Capital
Fund: Provided further, That the Secretary shall fill 7 out
of 10 vacancies at the GS-14 and GS-15 levels until the total
number of GS-14 and GS-15 positions in the Department has
been reduced from the number of GS-14 and GS-15 positions on
the date of enactment of Public Law 106-377 by 2\1/2\
percent.

Working Capital Fund

(including transfer of funds)

For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and
for program-related development activities, $100,000,000, to
remain available until September 30, 2008: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts or from within this
Act may be used for the purposes specified under this Fund,
in addition to the purposes for which such amounts were
appropriated.

Office of Inspector General

(including transfer of funds)

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $107,000,000, of which $23,760,000 shall be provided
from the various funds of the Federal Housing Administration:
Provided, That the Inspector General shall have independent
authority over all personnel issues within this office.

Office of Federal Housing Enterprise Oversight

salaries and expenses

(including transfer of funds)

For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$62,000,000, to remain available until expended, to be
derived from the Federal Housing Enterprises Oversight Fund:
Provided, That the Director shall submit a spending plan for
the amounts provided under this heading no later than January
15, 2007: Provided further, That not less than 80 percent of
the total amount made available under this heading shall be
used only for examination, supervision, and capital oversight
of the enterprises (as such term is defined in section 1303
of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the
enterprises are operating in a financially safe and sound
manner and complying with the capital requirements under
subtitle B of such Act: Provided further, That not to exceed
the amount provided herein shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received
during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $0.

Administrative Provisions

(including rescission)

Sec. 301. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded, or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 302. None of the amounts made available under this Act
may be used during fiscal year 2007 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-frivolous legal action, that
is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a
court of competent jurisdiction.
Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2007 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2007 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2007 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2007, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2007 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by: (1) allocating to the City of Jersey City, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is
located in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to
the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Bergen
County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The recipient cities
shall use amounts allocated under this subsection to carry
out eligible activities under section 855 of the AIDS Housing
Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2007

[[Page H3864]]

under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)) to areas with a higher than average per
capita incidence of AIDS, shall be adjusted by the Secretary
on the basis of area incidence reported over a three year
period.
Sec. 304. During fiscal year 2007, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan notwithstanding paragraphs (3) and (18)(B)(iii)
of such section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
Sec. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title III of this Act shall be made on a competitive basis
and in accordance with section 102 of the Department of
Housing and Urban Development Reform Act of 1989.
Sec. 306. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 307. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 308. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the
budget for 2007 for such corporation or agency except as
hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly
provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not
apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 309. None of the funds provided in this title for
technical assistance, training, or management improvements
may be obligated or expended unless HUD provides to the
Committees on Appropriations a description of each proposed
activity and a detailed budget estimate of the costs
associated with each program, project or activity as part of
the budget justifications. For fiscal year 2007, HUD shall
transmit this information to the Committees by March 15, 2007
for 30 days of review.
Sec. 310. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 311. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2007 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2007 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2007 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 312. The Department of Housing and Urban Development
shall submit the Department's fiscal year 2007 congressional
budget justifications to the Committees on Appropriations of
the House of Representatives and the Senate using the
identical structure provided under this Act and only in
accordance with the direction specified in the report
accompanying this Act.
Sec. 313. That incremental vouchers previously made
available under the heading ``Housing Certificate Fund'' or
renewed under the heading, ``Tenant-Based Rental
Assistance,'' for non-elderly disabled families shall, to the
extent practicable, continue to be provided to non-elderly
disabled families upon turnover.
Sec. 314. A public housing agency or such other entity that
administers Federal housing assistance in the States of
Alaska, Iowa, and Mississippi shall not be required to
include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 in the States of Alaska, Iowa and Mississippi
shall establish an advisory board of not less than 6
residents of public housing or recipients of section 8
assistance to provide advice and comment to the public
housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 315. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 316. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 317. Incremental vouchers previously made available
under the heading, ``Housing Certificate Fund'' or renewed
under the heading, ``Tenant-Based Rental Assistance'', for
family unification shall, to the extent practicable, continue
to be provided for family unification.
Sec. 318. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q-2) after December 26, 2000, in
accordance with the unnumbered paragraph at the end of
section 202b(b) of such Act, may, at its option, establish a
single-asset nonprofit entity to own the project and may lend
the grant funds to such entity, which may be a private
nonprofit organization described in section 831 of the
American Homeownership and Economic Opportunity Act of 2000.
Sec. 319. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child; and
(6) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that
an individual receives under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private sources, or an
institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)),

[[Page H3865]]

shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
(c) Not later than 30 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall issue final regulations to carry out the provisions of
this section.
Sec. 320. The Secretary of Housing and Urban Development
shall give priority consideration to applications from the
housing authorities of the Counties of San Bernardino and
Santa Clara and the City of San Jose, California to
participate in the Moving to Work Demonstration Agreement
under section 204, title V, of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-
134, April 26, 1996): Provided, That upon turnover, existing
requirements on the re-issuance of Section 8 vouchers shall
be maintained to ensure that not less than 75 percent of all
vouchers shall be made available to extremely low-income
families.
Sec. 321. The Secretary of Housing and Urban Development
may, notwithstanding any other provision of law, approve
additional Moving to Work Demonstration Agreements, which are
entered into between a public housing agency and the
Secretary under section 204, title V, of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134, April 26, 1996), but at no time may the
number of active Moving to Work Demonstration Agreements
exceed 32.
Sec. 322. For fiscal year 2007 and every fiscal year
thereafter any obligated balances of contract authority or
any obligated balances derived from contract authority from
fiscal year 1974 and prior years shall be deobligated and
cancelled upon contract expiration or termination.
Sec. 323. Notwithstanding any other provision of law, in
fiscal year 2007, in managing and disposing of any
multifamily property that is owned or held by the Secretary
and is occupied primarily by elderly or disabled families,
the Secretary of Housing and Urban Development shall maintain
any rental assistance payments under section 8 of the United
States Housing Act of 1937 that are attached to any dwelling
units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance
payments under such section 8, the Secretary may, in
consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties or provide other
rental assistance.
Sec. 324. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to develop
or impose policies or procedures, including an account
structure, that subjects the Government National Mortgage
Association to the requirements of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.). This section shall not be
construed to exempt that entity from credit subsidy budgeting
or from budget presentation requirements previously adopted.
Sec. 325. (a) Paragraph (2) of section 203(b) of the
National Housing Act (12 U.S.C. 1709(b)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking the subparagraph designation and all that
follows through the end of clause (i) and inserting the
following:
``(A) not to exceed the lesser of--
``(i) the median house price in the area, as determined by
the Secretary; or'';
(B) in clause (ii)--
(i) by striking ``87 percent of'';
(ii) by striking ``for Fiscal Year'' and inserting a comma;
and
(iii) by striking ``48 percent'' and inserting ``65
percent''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) not to exceed the appraised value of the property,
plus any initial service charges, appraisal, inspection and
other fees in connection with the mortgage as approved by the
Secretary.'';
(b) Paragraph (9) of section 203(b) of the National Housing
Act (12 U.S.C. 1709(b)(9) is amended by striking the
paragraph designation and all that follows through ``Provided
further, That for'' and inserting the following:
``(9) Be executed by a mortgagor who shall have paid on
account of the property, in cash or its equivalent, an
amount, if any, as the Secretary may determine based on
factors determined by the Secretary and commensurate with the
likelihood of default. For''.
(c) Section 203(c) of the National Housing Act (12 U.S.C.
1709(c)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Notwithstanding'' and inserting ``Except
as provided in paragraph (3) and notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(3) Flexible risk-based premiums.--
``(A) In general.--For any mortgage insured by the
Secretary under this title that is secured by a 1- to 4-
family dwelling and for which the loan application is
received by the mortgagor on or after October 1, 2006, the
Secretary may establish a mortgage insurance premium
structure involving a single premium payment collected prior
to the insurance of the mortgage or periodic payments, or
both, without regard to any maximum or minimum premium
amounts set forth in this subsection. The rate of premium for
such a mortgage may vary during the mortgage term as long as
the basis for determining the variable rate is established
before the execution of the mortgage. The Secretary may
change a premium structure established under this
subparagraph but only to the extent that such change is not
applied to any mortgage already executed.
``(B) Establishment and alteration of premium structure.--A
premium structure shall be established or changed under
subparagraph (A) only by providing notice to mortgagees and
to the Congress, at least 30 days before the premium
structure is established or changed.
``(C) Considerations for premium structure.--When
establishing a premium structure under subparagraph (A) or
when changing such a premium structure, the Secretary shall
consider the following:
``(i) The effect of the proposed premium structure on the
Secretary's ability to meet the operational goals of the
Mutual Mortgage Insurance Fund as provided in section 202(a).
``(ii) Underwriting variables.
``(iii) The extent to which new pricing under the proposed
premium structure has potential for acceptance in the private
market.
``(iv) The administrative capability of the Secretary to
administer the proposed premium structure.
``(v) The effect of the proposed premium structure on the
Secretary's ability to maintain the availability of mortgage
credit and provide stability to mortgage markets.''.
(d) Section 255 of the National Housing Act (12 U.S.C.
1715z-20) is amended--
(1) in subsection (g)--
(A) by striking the first sentence; and
(B) by striking ``established under section 203(b)(2)'' and
all that follows through ``located'' and inserting
``limitation established under section 305(a)(2) of the
Federal Home Loan Mortgage Corporation Act for a 1-family
residence''; and
(2) in subsection (i)(1)(C), by striking ``limitations''
and inserting ``limitation''.
(e) The Secretary of Housing and Urban Development shall by
notice establish any additional requirements that may be
necessary to immediately carry out the provisions of this
section. The notice shall take effect upon issuance.
(f) In addition to amounts otherwise made available by this
Act, $10,000,000 for administrative contract expenses,
including amounts to be transferred to the Working Capital
Fund, for Federal Housing Administration program and systems
development for single family mortgage insurance.
Sec. 326. Notwithstanding any other provision of law, the
cities of Alton, Illinois, and Granite City, Illinois, shall
be considered metropolitan cities, for purposes of title I of
the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.), for a period of time not less than the time
period covered by the enactment of this Act and the
implementation of modifications pursuant to the 2010
decennial census.

Amendment Offered by Ms. Waters

Ms. WATERS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Waters:
Page 134, after line 8, insert the following new section:
Sec. 327. For the cost of guaranteed loans, as authorized
by section 108 of the Housing and Community Development Act
of 1974, and the amount otherwise provided in this title for
``Management and administration--salaries and expenses'' is
hereby reduced by, $2,970,000.

Mr. SWEENEY. Mr. Chairman, I reserve a point of order.
The Acting CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House of today, the gentlewoman from
California (Ms. Waters) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. WATERS. Mr. Chairman, I would like to thank Chairman Knollenberg,
as well as Ranking Member John Olver for their hard work on this bill,
H.R. 5576.
The purpose of my amendment is to restore funding of $2.97 million to
the section 108 loan guarantee program offset from the Salaries and
Expenses Account for the Department.
The program is designed to leverage economic and community
development project activities. While the administration supports this
consolidation of this program, consolidation is a shortcut to eliminate
the section 108 loan guarantee program.
Mr. Chairman and Members, many districts have benefited from the
section 108 loan guarantee program. I discovered this program in law
some 12 years ago. At that time, it was scored and it was basically
guaranteed by CDBG funds. Section 108 loan guarantee funds evolved to
the point where many cities were using them for economic development
projects that created jobs and converted old town

[[Page H3866]]

projects into real vibrant, vital economic engines for those cities.
This is an important program. With this program we are able not only
to create jobs and to spur economic development, this is what you call
a real investment in our cities and our towns, both in the urban
communities and in the rural communities. This is the kind of
investment that will help to get people off welfare, get people
working, create new business opportunities, and help to grow these
areas in these cities and these communities.
It is beyond my understanding why an investment program that is
designed to create jobs, designed to help cities grow and develop would
be consolidated or would be placed at risk.
If you talk with many of the Members of this Congress, you will find
that they do not know that the section 108 program is in jeopardy. I
was just looking at a program in the western part of L.A. County, a
gateway retail project that got $8 million in section 108 loan
guarantees and a $2 million BEDI grant. These funds were used to
convert an old car wash into a retail center that created 750 jobs in
that community.
Many communities have relied on the section 108 loan guarantee
program, not only to spur economic development, but they know they
could never otherwise undertake this kind of activity. Section 108 is a
complement to many of the other economic development tools that are
available to distressed communities around the country. As such, I
would urge you to support this amendment as one tool that will be made
available to communities like mine, as well as yours, to facilitate
their economic development strategies.
Mr. Chairman, I reserve the balance of my time.
The Acting CHAIRMAN. Does the gentleman from New York insist upon his
point of order?
Mr. SWEENEY. Yes, I do, Mr. Chairman.

Point of Order

Mr. SWEENEY. I will make the point order against the amendment
because it provides an appropriation for an unauthorized program and
therefore violates clause 2 of rule XXI. Clause 2 of rule XXI states in
pertinent part: ``An appropriation may not be in order as an amendment
for an expenditure not previously authorized by law.''
Mr. Chairman, the amendment proposes to appropriate funds for a
program that is not authorized. The amendment, therefore, violates
clause 2 of rule XXI.
I ask for a ruling on the point of order.
The Acting CHAIRMAN. Does the gentlewoman from California wish to be
heard on the point of order?
Ms. WATERS. Yes, Mr. Chairman.
On the point of order, I would object to the characterization of this
program as unauthorized.

{time} 2015

As a matter of fact, it is my understanding that the program indeed
is authorized. It is couched in something called consolidation, which
means that it really is authorized, and I would challenge the gentleman
on the opposite side of the aisle for thinking or saying that this is
an unauthorized program. And if that is his reason for objecting to the
program, I would ask that you certainly make a ruling based on the
facts and we could move forward with including funding for this program
to make sure that it is retained.
The Acting CHAIRMAN (Mr. Goodlatte). Does any other Member wish to be
heard on the point of order?
Mr. SWEENEY. Mr. Chairman, I withdraw the point of order, and I will
reserve the time in opposition.
The Acting CHAIRMAN. The gentleman from New York withdraws the point
of order and will control the time in opposition.
Ms. WATERS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, as I have stated, this is an economic development
program that has served our country well. As I just took a look at the
number of cities that have benefited from this program, I have hundreds
of cities that have benefited from this program all over the country.
This will be traumatic to all of a sudden pull the rug out from under a
program that creates investment in cities and towns all over America,
that is helping them not only to create jobs but to create
opportunities for small businesses, to redo dilapidated areas, to
create new possibilities with these old towns that are being developed,
to take these old dilapidated buildings and turn them into productive
centers.
I do not think that perhaps my colleague on the opposite side of the
aisle realizes the damage he may be causing even to his own area. And
just as perhaps he thought it was not authorized when it really is, I
would ask him to take a second look and not object to this program.
Mr. FRANK of Massachusetts. Mr. Chairman, will the gentlewoman yield?
Ms. WATERS. I yield to the gentleman from Massachusetts.
Mr. FRANK of Massachusetts. Mr. Chairman, I thank the gentlewoman for
her leadership. She has been a consistent leader in helping cities'
economic development. I want to point out this seems to me a
particularly odd thing to do. Cities which use this are not getting
additional funding. They pay it back.
The Acting CHAIRMAN. The time of the gentlewoman from California has
expired.
Mr. SWEENEY. Mr. Chairman, I rise in opposition to the amendment, and
I would urge my colleagues to do so.
The Acting CHAIRMAN. The gentleman from New York is recognized for 5
minutes.
Mr. SWEENEY. Mr. Chairman, I will make these very quick points:
First, that section 108 is an eligible use of economic development
funds. And, therefore, there is no reason to have a separate set-aside
of funds, as is proposed here in this amendment. In fact, in this bill
we have added $1 billion in CDBG funds for the fiscal year. So there
will be plenty of opportunities for States to do exactly as the
gentlewoman calls for, and we believe that is the best way the program
should be run.
With that, I urge my colleagues to vote ``no.''
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from California (Ms. Waters).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. SWEENEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
Mr. OLVER. Mr. Chairman, I move to strike the last word.
I yield to my colleague from Massachusetts (Mr. Frank) who may have
two things to speak about at this point.
Mr. FRANK of Massachusetts. Mr. Chairman, I thank the ranking member
of the subcommittee for yielding.
I was hoping to be able to offer an amendment, but we ran into a CBO
scoring problem and I was told that therefore it would not be
supported. I deeply regret this.
There is in this bill a very good set of provisions in general,
expanding the ability of the FHA to be responsive. It came from work we
did in the authorizing committee. Frankly, I was surprised to see it
plucked in part from the authorizing version and stuck into this bill.
It is authorizing language. On the whole it is a good thing. The
Appropriations Committee took from the authorizing committee much of
what we did, but they did not take everything. Now, they are entitled,
obviously, to pick and choose, but there is one grave omission here.
One of the things this bill will do will be to give the FHA the
authority the ability to extend loans to people who might be of lower
credit risk. That is, it will try to help get to people who might not
have been able to get loans by stricter standards. That is a good
thing. And it says that those people will have to pay a higher upfront
fee. It could be as much as double, from 1.5 percent to 3 percent of
the loan, and they will also be forced to pay a higher fee going
forward. With people who are just starting out, I will accept the need
to do that.
What my amendment would have accomplished, and it was something we
were ready to do in the authorizing process and we lost the ability to
do that, it was to say that a low income borrower, a borrower with some
credit

[[Page H3867]]

risk, who was meeting his or her obligations after a period of 5 years
would be eligible to get back the extra money. In other words, without
that provision the Federal Government is going to be something of a
predatory lender. It will lend money to the lower income people with
the higher credit risk and charge them more for that loan. Now, as a
starting point that might be a reasonable idea. But once a borrower in
that category, having borrowed the money, has demonstrated over 5 years
a capacity and willingness to make the payments, why does the Federal
Government continue to penalize that person?
People have said, well, there might be some losses here. If there are
losses, why should the responsible low income borrower be forced to
bear all that cost? Why should that not be shared among all the
borrowers? Why should the cost of paying for those loans that may
default, a small percentage but there will still be some, why should
that not go for everybody?
So right now if you are getting the maximum FHA loan, it is
irrelevant to you if these people default. We are making the poor pay
for the poor. You are making in this a predatory lender of the Federal
Government. Without the amendment that I was told would not be
accepted, so I will not push it here, low income people who borrow
money from the FHA will be charged more upfront, they will be charged
more going forward, and no matter how well they meet their obligations,
no matter how responsible they are, they will continue to pay more for
the loan. The poor pay more under this bill. And what the CBO said as
well, there is a certain element of subsidy here for the low income
borrowers, and this would increase the subsidy. That is right, for the
low income borrowers.
I do think it is worth to trying to reach out to the lower income
people, and I understand this means that some will default, but I do
not understand why one low income individual or 10 or 20 low income
individuals who meet their obligation ought to be the ones who bear the
burden for those who do not. Now, as I said, I understand, because CBO
said it was going to score it negatively, I was not going to be able to
get it adopted. But I hope, to the committee, that this will not be the
end of it.
Please, we are talking, Mr. Chairman, about ending predatory lending.
Without the language I was talking about, we, the Federal Government,
become an entity that charges you more if you are poor than if you are
wealthy, that charges you more if you are in the low income bracket
because you are asked to shoulder the burden of people in the same
bracket who will default. That is unworthy of us. It also, of course,
retards the very purpose of the bill because you say you want to expand
home ownership by reaching out to people and then you charge them more
because they have to pay not only the price of their own home but they
are going to be saddled with the price of other people in their income
level and their credit rating level who default.
That is an inappropriate thing for the Federal Government to do. And
while I accept the fact that I cannot get this accepted now, I hope we
can talk about this.
By the way, the overall bill will raise money for the Federal
Government. This would simply reduce it by a small amount. That is the
least we can do for low income people.
The Acting CHAIRMAN. The Clerk will read.
The Clerk read as follows:

This title may be cited as the ``Department of Housing and
Urban Development Act, 2007''.

TITLE IV

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, $63,405,000, 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), $12,959,000, 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, $26,000,000.

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,
$16,182,000.

Courts of Appeals, District Courts, and Other Judicial Services

salaries and expenses

For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,556,114,000 (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 $3,952,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.

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, as amended (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, $750,033,000, to remain available
until expended.

Fees of Jurors and Commissioners

For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $63,079,000, 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), $400,334,000, 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

[[Page H3868]]

motor vehicle as authorized by 31 U.S.C. 1343(b), advertising
and rent in the District of Columbia and elsewhere,
$73,800,000, 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, $23,500,000; of which
$1,800,000 shall remain available through September 30, 2008,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.

Judicial Retirement Funds

payment to judiciary trust funds

For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $54,000,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$800,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$3,500,000.

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,
$15,500,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.

Administrative Provisions--The Judiciary

(including transfer of funds)

Sec. 401. 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. 402. 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 805 and
810 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 403. 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. 404. Within 90 days of 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. 405. 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 second sentence, by inserting ``the district of
Kansas,'' after ``Except with respect to''; and
(2) by inserting after the second sentence the following:
``The first vacancy in the office of district judge in the
district of Kansas occurring 20 years or more after the
confirmation date of the judge named to fill the temporary
judgeship created for such district under this subsection,
shall not be filled.''.
This title may be cited as ``The Judiciary Appropriations
Act, 2007''.

TITLE V

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, $35,100,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That the Office of
the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the
House of Representatives and Senate for these funds showing,
by object class, the expenditures made and the purpose
therefor: Provided further, That not more than $1,200,000 of
the total amount appropriated for this program may be used
for administrative expenses.

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,
$8,533,000, to remain available until expended, 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: 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.

District of Columbia Courts

federal payment to the district of columbia courts

For salaries and expenses for the District of Columbia
Courts, $219,629,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $9,401,000, of which
not to exceed $1,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $89,646,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the
District of Columbia Court System, $46,653,000, of which not
to exceed $1,500 is for official reception and representation
expenses; and $73,929,000, to remain available until
September 30, 2008, for capital improvements for District of
Columbia courthouse facilities: Provided, That
notwithstanding any other provision of law, a single contract
or related contracts for development and construction of
facilities may be employed which collectively include the
full scope of the project: Provided further, That the
solicitation and contract shall contain the clause
``availability of Funds'' found at 48 CFR 52.232-18: Provided
further, That funds made available for capital improvements
shall be expended consistent with the General Services
Administration master plan study and building evaluation
report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the 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 Government
Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate:
Provided further, That 30 days after providing written notice
to the Committees on Appropriations of the House of
Representatives and Senate, the District of Columbia Courts
may reallocate not more than $1,000,000 of the funds provided
under this heading among the items and entities funded under
this heading for operations, and not more than 4 percent of
the funds provided under this heading for facilities.

Defender Services in District of Columbia Courts

For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance and such
other services as are necessary to improve the quality of
guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Code, and payments for counsel authorized under
section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $43,475,000, 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 $73,929,000 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 $73,929,000
provided under such heading for

[[Page H3869]]

capital improvements for District of Columbia courthouse
facilities), to make payments described under this heading
for obligations incurred during any fiscal year: Provided
further, That funds provided under this heading shall be
administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further,
That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the General Services
Administration (GSA), and such services shall include the
preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to
the Committees on Appropriations of the House of
Representatives and Senate, the Committee on 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 and the
Public Defender Service for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $181,653,000, 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, 2008, are for Information
Technology infrastructure enhancement acquisitions; of which
$135,457,000 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 $46,196,000 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 the Director is authorized
to accept and use gifts in the form of in-kind contributions
of space and hospitality to support offender and defendant
programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That the Director shall keep accurate and detailed records of
the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for
audit and public inspection: Provided further, That the Court
Services and Offender Supervision Agency Director is
authorized to accept and use reimbursement from the D.C.
Government for space and services provided on a cost
reimbursable basis.

Federal Payment to District of Columbia Public Defender Service

For salaries and expenses of the District of Columbia
Public Defender Service, $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
other 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, $7,000,000, 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 100 percent
match for this payment.

Federal Payment to the Criminal Justice Coordinating Council

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

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

For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $5,000,000: Provided,
That these funds shall be available for the projects and in
the amounts specified in the Statement of the Managers on the
conference report accompanying this Act: Provided further,
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 budget and a report on the
activities to be carried out with such funds no later than
March 15, 2007, 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, 2007.

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 September 30,
2008; 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.

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 (D.C. Official Code, section 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 2007 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
$8,996,915,000 (of which $5,079,758,000 shall be from local
funds, $2,011,321,000 shall be from Federal grant funds,
$1,897,951,000 shall be from other funds, and $7,885,000
shall be from private funds), in addition, $170,052,000 from
funds previously appropriated in this Act as Federal
payments: Provided further, That of the local funds,
$175,292,000 shall be derived from the District's general
fund balance: Provided further, That of these funds the
District's intradistrict authority shall be $523,004,000:
Provided further, That in addition for capital construction
projects there is appropriated an increase of $2,400,757,000,
of which $1,756,306,000 shall be from local funds,
$54,281,000 from Highway Trust funds, $52,000,000 from the
Local Street Maintenance fund, $15,000,000 from revenue
bonds, $18,200,000 from Certificates of Participation
financing, $63,000,000 from financing for construction of a
baseball stadium, $229,970,000 from Federal grant funds, and
a rescission of $65,859,000 from local funds appropriated
under this heading in prior years, for a net amount of
$2,334,898,000, to remain available until expended: Provided
further, That the amounts provided under this heading are to
be subject to the provisions of and allocated and expended as
proposed under ``Title II--District of Columbia Funds'' of
the Fiscal Year 2007 Proposed Budget and Financial Plan
submitted to the Congress of the United States by the
District of Columbia in June 2006: Provided further, That
this amount may be increased by proceeds of one-time
transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act 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 2007,
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.

General Provisions

(including transfer of funds)

Sec. 501. 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. 502. 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. 503. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 504. (a) Except as provided in subsection (b), no part
of this appropriation 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
other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.

[[Page H3870]]

(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of
the issues referred to in subsection (b).
Sec. 505. (a) None of the funds provided under this title
to the agencies funded by this title, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2007, 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 title, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless in
the case of federal funds, the Committees on Appropriations
of the House of Representatives and Senate are notified in
writing 15 days in advance of the reprogramming and in the
case of local funds, the Committees on Appropriations of the
House of Representatives and Senate are provided summary
reports on April 1, 2007 and October 1, 2007, 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, 2007 and October 1,
2007, 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 September 30, 2007.
Sec. 506. 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. 507. (a) Notwithstanding any other provisions of law,
the provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139;
sec. 1-601.01 et seq., D.C. Official Code), enacted pursuant
to section 422(3) of the District of Columbia Home Rule Act
(sec. 1-204.22(3), D.C. Official Code), shall apply with
respect to the compensation of District of Columbia
employees. For pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of
title 5, United States Code.
(b) Notwithstanding section 8344(a) of title 5, United
States Code, the amendment made by section 2 of the District
Government Reemployed Annuitant Offset Elimination Amendment
Act of 2004 (D.C. Law 15-207) shall apply with respect to any
individual employed in an appointive or elective position
with the District of Columbia government after December 7,
2004.
Sec. 508. No later than 30 days after the end of the first
quarter of fiscal year 2007, 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 2007 revenue
estimates as of the end of such quarter. These estimates
shall be used in the budget request for fiscal year 2008. The
officially revised estimates at midyear shall be used for the
midyear report.
Sec. 509. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85;
D.C. Official Code, section 2-303.03), except that the
District of Columbia government or any agency thereof may
renew or extend sole source contracts for which competition
is not feasible or practical, but only if the determination
as to whether to invoke the competitive bidding process has
been made in accordance with duly promulgated rules and
procedures and has been reviewed and certified by the Chief
Financial Officer of the District of Columbia.
Sec. 510. 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, section 1-123).
Sec. 511. 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, section 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. 512. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be
obligated, or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the obligation, and
expenditure of a grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the
receipt of the report from the Chief Financial Officer under
paragraph (1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar
days of the initial receipt of the report from the Chief
Financial Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or
receipt of a Federal, private, or other grant not subject to
such subsection.
(d) The Chief Financial Officer of the District of Columbia
may adjust the budget for Federal, private, and other grants
received by the District government reflected in the amounts
appropriated in this title, or approved and received under
subsection (b)(2) to reflect a change in the actual amount of
the grant.
(e) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted
to the Council of the District of Columbia, 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. 513. (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) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of
Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2007, an inventory, as of September
30, 2006, 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. 514. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the
District of Columbia government for fiscal year 2007 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief
Financial Officer of the District of Columbia, pursuant to
section 208(a)(4) of the District of Columbia Procurement
Practices Act of 1985 (D.C. Official Code, section 2-302.8);
and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the
revenues submitted in the budget document for such year and
the appropriations enacted into law for such year using the
format, terminology, and classifications contained in the law
making

[[Page H3871]]

the appropriations for the year and its legislative history.
Sec. 515. (a) None of the 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. 516. (a) None of the 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.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in this
Act.
Sec. 517. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of
any chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's
agency as a result of this Act (and the amendments made by
this Act), including any duty to prepare a report requested
either in the Act or in any of the reports accompanying the
Act and the deadline by which each report must be submitted:
Provided, That the Chief Financial Officer of the District of
Columbia shall provide to the Committees on Appropriations of
the House of Representatives and Senate by April 1, 2007 and
October 1, 2007, a summary list showing each report, the due
date, and the date submitted to the Committees.
Sec. 518. 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. 519. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee on
Governmental Affairs of the Senate quarterly 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. 520. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer of
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code,
section 1-204.42), for all agencies of the District of
Columbia government for fiscal year 2007 that is in the total
amount of the approved appropriation and that realigns all
budgeted data for personal services and other-than-personal-
services, respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency where the
Chief Financial Officer of the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 521. (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. 522. The Chief Financial Officer of the District of
Columbia shall require attorneys in special education cases
brought under the Individuals with Disabilities Education Act
(IDEA) in the District of Columbia to certify in writing that
the attorney or representative rendered any and all services
for which they receive awards, including those received under
a settlement agreement or as part of an administrative
proceeding, under the IDEA from the District of Columbia. As
part of the certification, the Chief Financial Officer of the
District of Columbia shall require all attorneys in IDEA
cases to disclose any financial, corporate, legal,
memberships on boards of directors, or other relationships
with any special education diagnostic services, schools, or
other special education service providers to which the
attorneys have referred any clients as part of this
certification. The Chief Financial Officer shall prepare and
submit quarterly reports to the Committees on Appropriations
of the House of Representatives and Senate on the
certification of and the amount paid by the government of the
District of Columbia, including the District of Columbia
Public Schools, to attorneys in cases brought under IDEA. The
Inspector General of the District of Columbia may conduct
investigations to determine the accuracy of the
certifications.
Sec. 523. The amount appropriated by this Act may be
increased by no more than $42,000,000 from funds identified
in the comprehensive annual financial report as the
District's fiscal year 2006 unexpended general fund surplus.
The District may obligate and expend these amounts only in
accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of
each such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless the
Mayor notifies the Committees on Appropriations of the House
of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 524. (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 2007 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in
such Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated to have
a negative impact on the long-term financial, fiscal, or
economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District
of Columbia in support of each such obligation and
expenditure, consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered
receivership.
(4) The amounts may not be obligated or expended unless the
Mayor has notified the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 525. 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 93-198): 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

[[Page H3872]]

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. 526. (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. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 527. 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. 528. The authority that the Chief Financial Officer of
the District of Columbia exercised with respect to personnel
and the preparation of fiscal impact statements during a
control period (as defined in Public Law 104-8) shall remain
in effect until September 30, 2007.
Sec. 529. The entire process used by the Chief Financial
Officer to acquire any and all kinds of goods, works and
services by any contractual means, including but not limited
to purchase, lease or rental, shall be exempt from all of the
provisions of the District of Columbia's Procurement
Practices Act of 1985: Provided, That provisions made by this
section shall take effect as if enacted in D.C. Law 11-259
and shall remain in effect until September 30, 2007.
Sec. 530. (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).
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2007 and each
succeeding fiscal year.
Sec. 531. (a) The item relating to ``Federal Payment for
School Improvement'' in the District of Columbia
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2512)
is amended by striking ``$13,000,000 to expand quality public
charter schools in the District of Columbia, to remain
available until September 30, 2007'' and inserting the
following: ``$13,000,000 to expand quality public charter
schools in the District of Columbia, of which $4,000,000
shall be for the direct loan fund and shall remain available
until expended, $2,000,000 shall be for credit enhancement
and shall remain available until expended, and the remainder
shall remain available until September 30, 2007''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the District of Columbia
Appropriations Act, 2006.
Sec. 532. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this title.
This title may be cited as the ``District of Columbia
Appropriations Act, 2007''.

{time} 2030

Mr. KNOLLENBERG (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 176, line 11 be
considered as read, printed in the Record, and open to amendment at any
point.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from Michigan?
There was no objection.

Amendment Offered by Mr. Knollenberg

Mr. KNOLLENBERG (during the reading). Mr. Chairman, I offer an
amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Knollenberg:
On page 175, line 16, through page 176, line 6, strike
Section 531.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Michigan (Mr. Knollenberg) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. KNOLLENBERG. Mr. Chairman, my amendment strikes section 531 of
the bill. We included this correcting provision at the request of the
D.C. Education Office to assist them with some funds management.
Unfortunately this provision creates an advance appropriation and,
therefore, violates the budget resolution. I ask for the amendment's
adoption.
The CHAIRMAN. The question is on the amendment offend by the
gentleman from Michigan (Mr. Knollenberg).
The amendment was agreed to.
The Acting CHAIRMAN. The Clerk will read.
The Clerk read as follows:

TITLE VI

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, $51,952,000: Provided, That of the
funds appropriated under this heading, up to $1,500,000 shall
be for the Privacy and Civil Liberties Oversight Board.

Amendment Offered by Mr. Shays

Mr. SHAYS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Shays:
Page 177, line 15, after the dollar amount, insert the
following: ``(increased by $750,000)''.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Connecticut (Mr. Shays) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. SHAYS. Mr. Chairman, this amendment would add $750,000 to an
account that has $1.5 million in it. Mrs. Maloney and I both had
legislation adding $1.5 million on top of the $1.5 million to the Civil
Liberties Board.
Mr. Chairman, it is my understanding that the chairman will accept
this amendment at 750, and I advise Mrs. Maloney of that fact. What we
want to do, Mr. Chairman, is to support a Civil Liberties Board that
hopefully over time will do more than it is presently doing.
When we give the executive branch more power, we need to have more
oversight, more congressional oversight, stronger whistleblower
protection. And the 9/11 Commission suggested a strong Civil Liberties
Board.
I would like to ask the chairman if this is in fact an amendment that
he would accept.
Mr. KNOLLENBERG. I would be happy to accept the amendment with the
provision that it would be at the $750,000 level.
Mr. SHAYS. Mr. Chairman, I reserve the balance of my time.
The Acting CHAIRMAN. For what purpose does the gentlewoman from New
York rise?
Mrs. MALONEY. I rise and would like to express--
The Acting CHAIRMAN. Is the gentlewoman opposed to the amendment?
Mrs. MALONEY. No, I am not opposed to it.
I am opposed to it because I feel we should have gotten more money.
The Acting CHAIRMAN. The gentlewoman is recognized for 5 minutes.
Mrs. MALONEY. Mr. Chairman, I had an amendment with Mr. Udall which
would have raised the funding amount to $3 million. I feel that the
$750,000 is certainly welcomed and needed, but I regret that we were
not able to achieve the additional $1.5 million.
One way that this Congress and the President can show their support
for a program is the level of funding that is appropriated, and when we
passed the

[[Page H3873]]

very important intelligence reform bill, a very important provision of
this bill, and a recommendation, one of the top recommendations of the
9/11 Commission, was the creation of a governmentwide Privacy and Civil
Liberties Oversight Board.
This board, if given the proper funding and authority, has the
opportunity to enhance our security and protect our Nation's core
values as we fight to prevent terrorism. The bill before us provides up
to $1.5 million in funding, as part of the Executive Office of the
President. The Maloney-Tom Udall amendment would have increased the
amount of the board to $3 million.
This board is to be funded from the $52 million account provided for
in the Executive Office of the President, and our amendment would
further draw from this account. We had hoped that it would have passed.
I want to say that if we value human rights and civil liberties, we
should be funding this board.
We had a hearing on it earlier, and they only had one staff member
and one administrator. And certainly, for an oversight board for civil
liberties, they should have more funding to protect the civil liberties
of Americans. We asked them if they had looked at the many challenges
before this country now, the surveillance of phones, the surveillance
in the libraries, the surveillance of private lives of people, and we
questioned why they had not taken this up.
They said they had just been formed. But I would say that another
reason they have not taken it up is that they do not have enough staff
working with them.
And clearly any governmentwide board tasked to perform oversight
regarding privacy civil liberties will need more than three permanent
staffers to get the job done.
Mr. FRANK of Massachusetts. Mr. Chairman, will the gentlewoman yield?
Mrs. MALONEY. I yield to the gentleman from Massachusetts.
Mr. FRANK of Massachusetts. Mr. Chairman, like my colleague from New
York, I am glad we are getting something additional. This is
symptomatic of this bill. It will provide too little money for a lot of
very important programs.
And we will be told, yes, it is a good program, but we do not have
the money. I believe the members of the subcommittee did the best
possible job. I commend them for doing the best possible job in the
circumstances.
The problem is that the majority created the circumstances. This is
the consequence of too many tax cuts with wars at the same time, and a
budget that then leaves too little money. So in case after case after
case, we will be told, you are right, that is a very important
function, we do not have enough money.
This particularly troubles me because I would like to build the
consensus in the country for the kind of vigorous law enforcement that
we need to protect ourselves in the face of this new threat.
When the oversight board on civil liberties and privacy that the 9/11
Commission recommended is starved for money, you lose the opportunity
to achieve that balance that would increase support for law
enforcement.
And while no one says it is a bad idea, except maybe the Vice
President, but he did not say that openly, I just guessed, no one says
that it is doing a bad job. There is too little money left because the
priorities are tax cuts, the war in Iraq, and then everything else gets
stiffed.
And this is an example of a very good program. The committee did the
best it could, and the amendment of the gentleman from Connecticut
makes a bad situation somewhat better. I am glad that it is here, but
we are in this situation because this is an example of the price the
country is paying for a very distorted set of priorities.
Mr. Chairman, I thank the gentlewoman, who has been a leader in this
fight.
Mrs. MALONEY. Mr. Chairman, reclaiming my time, I would like to
contrast this office with the Privacy Office at the Department of
Homeland Security. There they have 25 staff members. Here we have three
staff members at the governmentwide office, and 25 for the office
within just one department.
Just beyond the challenge of staffing, the additional funding will
allow the board to develop the infrastructure they need to do their job
and will send a message that Congress fully intends to support the
important work of the board.
We need to support them. The 9/11 Commission gave this an ``F.'' We
would like to get it funded and up and running, and we must find ways
of doing this. I appreciate the efforts of my colleagues.
Mr. SHAYS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I just first would thank Mr. Knollenberg for adding
$750,000 to the $1.5 million that is already there. I particularly want
to thank my colleague, Mrs. Maloney, who has worked tirelessly on the
9/11 Commission with me and others. I appreciate her willingness to
accept this amendment. I appreciate the work that she has done, and she
is right about this.
With the Government getting more power, with the PATRIOT Act and the
war on terrorism and, and, and, there needs to be stronger legislative
oversight. We need to make sure that our whistleblower statutes protect
those in the intelligence community.
We need a much stronger Civil Liberties Board. This money will allow
the Civil Liberties Board to get started and to do what they need. I
know we will be back asking Mr. Knollenberg for more as it proves its
viability and effectiveness.
Mr. Chairman, at this time I urge acceptance of this amendment.
My amendment would add a modest $750,000 for the Privacy and Civil
Liberties Oversight Board. This board was created by the Intelligence
Reform and Terrorism Prevention Act and is based on a key
recommendation of the 9-11 Commission.
The Commission provided the nation with 41 important recommendations
to address the terrorist threat and improve our homeland security and
recognized the need to balance civil liberties and security. It
recommended the following: At this time of increased and consolidated
government authority, there should be a board within the executive
branch to oversee adherence to the guidelines we recommend and the
commitment the government makes to defend our civil liberties.
Unfortunately, the authority of the Privacy and Civil Liberties
Oversight Board is not as broad as proposed because the legislation
that created it does not provide subpoena power, and Board
investigations can be vetoed by the U.S. Attorney General. The need for
the Board to have strong oversight power was the subject of a recent
hearing held in the Subcommittee on National Security, Emerging Threats
and International Relations, which I chair.
The limitations on debate prevent my offering an amendment that would
expand the Board's powers as is proposed in H.R. 5000, which I co-
authored with Representative Maloney, but we can take an important step
to ensure the Board will function to the best of its ability under
current law.
During our Subcommittee hearing, the chair and vice-chair of the
Board testified that they currently only have two staff members and are
considering hiring one additional permanent staff member. Mr. Chairman,
how can a board with responsibilities for protecting privacy and civil
liberties operate like this?
With increased executive power must come increased oversight. These
additional funds will help the Board establish its infrastructure and
begin performing the robust oversight needed to make it successful, and
ensure it can protect all citizens' privacy and civil liberties.
Mr. UDALL of New Mexico. Mr. Chairman, I am pleased to be a cosponsor
of this amendment, which is a simple and straightforward step to ensure
the privacy rights and civil liberties are being adequately protected.
Recognizing that many of their recommendations called for the
government to more effectively protect our Nation, 9/11 Commissioners
unanimously expressed the need for a viable Privacy and Civil Liberties
Board. The Board was created to help ensure that as we take steps to
protect our Nation, it was not done at the expense of our civil
liberties.
Unfortunately, this vital board, which was established by the
Intelligence Reform bill almost two years ago, has only recently had
its Members appointed and confirmed and has held its first meetings. It
now has to organize, hire staff, and begin fulfilling its
responsibilities, all of which takes time and resources. However, in
the 9/11 Commission's report card on the implementation of its
recommendations, which was released in December, the COmmission noted
the Board's insufficient funding. This problem persists in this year'as
appropriations bill, which will severly hinder the Board's ability to
complete these tasks.
Following the revelations about the National Security Agency's
various spy programs, it is

[[Page H3874]]

more evident that we need the Privacy and Civil Liberties Board to be
implemented now more than ever. However, the current level of funding
is clearly inadequate. $1,500,000 is not enough for a Board charged
with monitoring privacy and civil liberties implications of federal
regulations, executive branch policies and procedures, and public law.
The Maloney/Udall amendment increases the amount reserved for the
Board to $3 million--the same amount that was initially given to the 9/
11 Commission. And the level of funding in the bill for the Executive
Office of the President will remain the same. This amendment simply
gives the Board the funding it needs to do the job is was created to
do.
I urge a ``yes'' vote on this amendment.
Mr. SHAYS. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Connecticut (Mr. Shays).
The amendment was agreed to.
The Acting CHAIRMAN. The Clerk will read.
The Clerk read as follows:

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, $12,041,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.

reimbursable expenses

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

White House Repair and Restoration

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

Council of Economic Advisers

salaries and expenses

For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021), $4,002,000.

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, $3,385,000.

National Security Council

salaries and expenses

For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$8,405,000.

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,
$91,393,000, of which $11,397,000 shall remain available
until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure
within the Executive Office of the President.

Office of Management and Budget

salaries and expenses

For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109 and to carry out the
provisions of chapter 35 of title 44, United States Code,
$76,185,000, 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 accompanying statement of the
managers 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 the
Office of Management and Budget shall have not more than 60
days in which to perform budgetary policy reviews of water
resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office
of Management and Budget shall notify the appropriate
authorizing and Appropriations Committees when the 60-day
review is initiated: Provided further, That if water resource
reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days of
the end of the OMB review period based on the notification
from the Director, Congress shall assume OMB 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; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.); 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, $26,928,000; of which $1,316,000 shall
remain available until expended for policy research and
evaluation: Provided, 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
1998 (21 U.S.C. 1701 et seq.), $19,600,000, which shall
remain available until expended, consisting of $9,600,000 for
counternarcotics research and development projects, of which
up to $1,000,000 is to be directed to supply reduction
activities, and $10,000,000 for the continued operation of
the technology transfer program: Provided, That the
$9,600,000 for counternarcotics research and development
projects shall be available for transfer to other Federal
departments or agencies.

Federal Drug Control Programs

high intensity drug trafficking areas program

(including transfer of funds)

For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $227,000,000 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: Provided, That up to 49 percent, to
remain available until September 30, 2007, may be transferred
to Federal agencies and departments at a rate to be
determined by the Director, of which not less

[[Page H3875]]

than $2,000,000 shall be used for auditing services and
associated activities, and at least $500,000 of the
$2,000,000 shall be used to develop and implement a data
collection system to measure the performance of the High
Intensity Drug Trafficking Areas Program.

Amendment Offered by Ms. Hooley

Ms. HOOLEY. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Hooley:
Page 184, line 17, after the dollar amount, insert the
following: ``(increased by $8,000,000)''.
Page 205, line 18, after the dollar amount, insert the
following: ``(reduced by $8,000,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from Oregon (Ms. Hooley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Oregon.
Ms. HOOLEY. Mr. Chairman, today I rise to offer an amendment with
Congressman Hulshof and Congressman Skelton that would provide an $8
million increase to the High Intensity Drug Trafficking Area Program.
Mr. Chairman, for the past 5 years, HIDTA has essentially been
levelly funded despite the increasing threat from the spread of
methamphetamine throughout our country.
This amendment would enable the Office of National Drug Control
Policy to maintain full funding to existing HIDTAs as well as provide
additional resources for the establishment of new HIDTAs.
Mr. Chairman, in my three decades of public service, I have not seen
a problem as pervasive or as damaging as Oregon's meth epidemic. The
production, distribution and use of meth is a serious threat to public
health and safety.

{time} 2045

I have traveled around the State talking to policymakers and law
enforcement leaders about the meth problem. I have heard one message
loud and clear: local law enforcement lacks the resources needed to
extinguish Oregon's meth wildfire, and I know Oregon is by no means
alone in this fight.
HIDTA provides State and local law enforcement with critical Federal
resources to fight meth abuse. It is particularly effective because
these resources are targeted at the areas most adversely affected by
drug trafficking. It allows communities to develop and implement a
comprehensive strategy to combat meth and other illegal drugs, one that
addresses enforcement, treatment, prevention education, and control of
precursor chemicals.
Last year, I offered a similar amendment to the FY 06 meth
appropriation bill that added $9 million to HIDTA. While this amendment
passed overwhelmingly, the funding was stripped from the final
conference report. HIDTA deserves the support of this Congress because
it not only helps law enforcement identify and dismantle labs, but also
helps break the cycle of other crimes associated with meth use, crimes
from domestic violence and child abuse to identity theft. We must
continue to support this valuable initiative so our communities have
the resources they need to stop the spread of methamphetamine.
I urge you to support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN. The gentleman from Michigan is recognized for 5
minutes.
Mr. KNOLLENBERG. Mr. Chairman, first let me state that I am a
supporter of the High Intensity Drug Trafficking Areas program. I think
it is apparent from the recommended level of funding in our bill.
Mr. Chairman, the President requested that this program be
transferred to the Department of Justice, a Department not under the
jurisdiction of this subcommittee, at a level of $207 million. Given
the wide support for this program, we retain the oversight of the
program in the TTHUD subcommittee and increased funding above the
President's request $20 million to that $227 million level.
I would support my colleague's amount if this were not a zero-sum
situation. But this increase has to come from another program, in this
case the National Archives and Records Administration, or NARA. NARA
has a projected $12 million shortfall right now, even if they receive
full funding for fiscal year 2007. A hiring freeze goes into effect on
the beginning of July. A cut of $12 million could result in serious
staffing issues at the National Archives.
Additionally, there is a projected reduction in research hours and
hours open to the public and other measures that have to be taken even
with full funding. A $12 million cut would impose further reductions on
operating hours, something that I oppose; and I urge my colleagues,
therefore, to oppose this amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. HOOLEY. Mr. Chairman, if the gentleman will answer a question,
this was $9 million, not $12 million.
Mr. KNOLLENBERG. Well, the whole point is that it isn't just one
thing; it is two or three things that are the problem. Already, they
are down $12 million. Then there is the possibility that yours would
strike some more money.
Finally, what do they do about the servicing? How do they even get
along with that situation when they know they are going to lose some
people. They are going to lose some people.
Ms. HOOLEY. Mr. Chairman, reclaiming the balance of my time, this
amendment is really about priorities. The National Archives is an
excellent program, and one I fully support; but this amendment still
leaves them with $281.6 million for operating expenses. It is an
increase. HIDTA is at level funding, and it allows HIDTA to improve and
expand its services for the first time in 5 years, at a time when
communities across this country are facing an increasing problem with
methamphetamine.
Everybody knows this is a huge problem, one of the fastest-growing
drug problems in the Nation. I think we need to provide HIDTA with the
funding they need. It is not that I don't support the archives program;
it is terrific. But HIDTA has been funded at a level that it already
had an increase, and I think we need to fund this. This is a horrific
epidemic in this country, and I think we need to fund it.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Oregon (Ms. Hooley).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Ms. HOOLEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Oregon
will be postponed.
The Clerk will read.
The Clerk read as follows:

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 1998 (21
U.S.C. 1701 et seq.), $194,000,000, to remain available until
expended, of which the amounts are available as follows:
$100,000,000 to support a national media campaign, as
authorized by the Drug-Free Media Campaign Act of 1998:
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; $80,000,000 to continue a program of matching
grants to drug-free communities, of which $2,000,000 shall be
a direct grant to the Community Anti-Drug Coalitions of
America for the National Community Anti-Drug Coalition
Institute, as authorized in chapter 2 of the National
Narcotics Leadership Act of 1988, as amended; $1,000,000 for
the National Drug Court Institute; $1,000,000 for the
National Alliance for Model State Drug Laws; $8,500,000 for
the United States Anti-Doping Agency for anti-doping
activities; $1,500,000 for the United States membership dues
to the World Anti-Doping Agency; and $1,980,000 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

[[Page H3876]]

testing, labor and related costs of the national media
campaign.

Unanticipated Needs

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 and the Official Residence of the
Vice President

salaries and expenses

For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,352,000.

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, $317,000: 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.

general provisions

(including transfer of funds)

Sec. 601. 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. 602. The President shall submit to the Committees on
Appropriations not later than 30 days after enactment, 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 on a project-by-project basis, for which the
obligation of funds is anticipated: Provided, That up to 20
percent of funds appropriated under this heading may be
obligated before the submission of the report subject to
prior approval of the Committees on Appropriations: Provided
further, That the report shall be updated and submitted to
the Committees on Appropriations every six months and shall
include information detailing how the estimates and
assumptions contained in previous reports have changed:
Provided further, That any new projects and changes in
funding of ongoing projects shall be subject to the prior
approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2007''.

TITLE VII

INDEPENDENT AGENCIES

Architectural and Transportation Barriers Compliance Board

salaries and expenses

For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$5,956,590: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.

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 $500 for official
reception and representation expenses, $62,370,000.

Election Assistance Commission

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out the Help America Vote
Act of 2002, $16,908,000, of which $4,950,000 shall be
transferred to the National Institute of Standards and
Technology for election reform activities authorized under
the Help America Vote Act of 2002.

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, $26,256,000, to be derived from the Bank Insurance
Fund, the Savings Association Insurance Fund, and the FSLIC
Resolution Fund (or any successor to these Funds).

Federal Election Commission

salaries and expenses

For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $57,138,000, of which
no less than $6,500,000 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: Provided, That the FEC is authorized to establish,
modify, charge, and collect registration fees for FEC hosted
conferences: Provided further, That notwithstanding 31 U.S.C.
3302, funds received from fees charged to attend the campaign
finance 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 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, $25,218,000: 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 Maritime Commission

salaries and expenses

For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1111), including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, $21,474,000:
Provided, That not to exceed $2,000 shall be available for
official reception and representation expenses.

General Services Administration

Real Property Activities

federal buildings fund

limitation on availability of revenue

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: Provided, That notwithstanding any other
provision of this Act, in an amount not more than the
aggregate amount specified under this heading in the Report
of the House Committee on Appropriations to accompany the
Transportation, Treasury, Housing and Urban Development, the
Judiciary, The District of Columbia, and Independent Agencies
Appropriations Act, 2007, and that such aggregate amount
shall remain available until expended in such amounts for
individual real property projects and activities as provided
in that accompanying Report: Provided further, That any
proposed increases or decreases to the amounts contained in
such report shall be subject to prior approval of the
Committee on Appropriations.

general activities

government-wide policy

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with

[[Page H3877]]

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, $52,550,000.

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, $83,032,000.

Amendment Offered by Mr. Wynn

Mr. WYNN. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Wynn:
Page 195, line 4, after ``$83,032,000'' insert ``(reduced
by $1,000,000)''.
Page 209, line 15, after ``$100,178,000'' insert
``(increased by $1,000,000)''.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Maryland (Mr. Wynn) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Maryland.
Mr. WYNN. Mr. Chairman, I rise to offer an amendment that would fund
a study to increase health and wellness for the Federal workforce, our
employees. Specifically, the amendment would fund a study by the Office
of Personnel Management to develop recommendations to create incentives
to boost the level of physical fitness and in return the productivity
of Federal employees and their families.
Increasing the level of Federal employees' physical fitness would
indeed boost the productivity of workers, reduce chronic illness, and
decrease the Federal workforce's health care costs.
Let me talk for a minute about the nature of the problem. Today,
approximately 127 million adults in the United States are overweight. I
know a little about that. Sixty million are obese and nine million are
severely obese. Obesity has been linked to an increase in chronic
diseases such as coronary artery disease, type 2 diabetes,
osteoporosis, high blood pressure and certain types of cancer.
According to the Centers for Disease Control and Prevention, the
medical care costs, and this is what is important, the medical care
cost of people with chronic diseases accounts for more than 75 percent
of the Nation's $1.4 trillion in medical costs.
You know, on this floor, Mr. Chairman, we offer you the phrase, we
need to run government like a business. I think that is a good idea.
What you will find is businesses are increasingly turning to wellness
programs to reduce rising health care costs and most believe that these
programs will have a long-term impact according to a survey by the
Deloitte Center For Health Solutions and the ERISA Industry Committee.
For example, Lafarge North America, a Herndon, Virginia, building
materials manufacturer with 650 employees reimburses its employees for
half of their monthly gym fees up to $500 per year. Employees of Aetna
can earn financial incentives of up to $345 a year for participating in
weight management and fitness courses.
Could this business approach apply to the Federal workforce? I think
so. This amendment would provide funding to study best ways to improve
employee health and fitness, thereby improving productivity. Some of
the issues under study would include lunchtime walking and running
clubs, creating accessible biking trails or bike routes, providing
periodic incentive programs, promoting physical activities, health risk
appraisals for all employees, contract with health plans to offer free
and reduced cost memberships to health clubs allowing flexible work
schedules so employees can exercise; discounting health insurance
premiums and/or reduce copayments and deductibles in return for an
employee's participation in specified health promotion or disease
prevention program, constructing gyms in the workplace, such as we have
here at the House; sponsoring exercise classes, providing employees
with a stipend, full or partial, for gym membership.
Mr. Chairman, let me conclude by saying this: this amendment is
designed to call attention to the link between Federal employees'
fitness and greater productivity and ultimately taxpayer savings on
health insurance costs. I would like to work with the chairman and the
ranking member in the future to increase the level of physical fitness
in the Federal workforce. I believe it is a win/win for the taxpayer
and Federal employees.
At this time, Mr. Chairman, I would ask unanimous consent to withdraw
my amendment in the hope of further discussion as we go forward.
The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
Mr. KNOLLENBERG. Mr. Chairman, I just want to thank the gentleman
from Maryland for his interest in this area. I certainly agree that to
the extent we can, we should promote and encourage physical activity as
a way to prevent chronic health problems. I would just say that I look
forward to working with you on this matter and make sure that these
efforts lead to some decent results.
Mr. Chairman, I ask unanimous consent that the remainder of the bill
through page 252, line 2 be considered as read, printed in the Record,
and open to amendment at any point.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
The text of the remainder of the bill through page 252, line 2 is as
follows:

office of inspector general

For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $44,312,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.

electronic government fund

(including transfer of funds)

For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods, $3,000,000, to remain available
until expended: Provided, That these funds may be transferred
to Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: Provided further, That such transfers may not be made
until 10 days after a proposed spending plan and
justification 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, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$3,030,000: 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,
$16,866,000, 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 $35,000,000: Provided further, That appropriations,
revenues, and collections accruing to this Fund during fiscal
year 2007 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. 701. 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. 702. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 703. Funds in the Federal Buildings Fund made
available for fiscal year 2007 for Federal Buildings Fund
activities may be transferred between such activities only to

[[Page H3878]]

the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 704. Except as otherwise provided in this title, no
funds made available by this Act shall be used to transmit a
fiscal year 2008 request for United States Courthouse
construction that: (1) does not meet the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
and (2) does not reflect the priorities of the Judicial
Conference of the United States as set out in its approved 5-
year construction plan: Provided, That the fiscal year 2008
request must be accompanied by a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 705. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 706. 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. 707. Acquisition Services Fund.--(a) 40 U.S.C. 321 is
amended as follows:
(1) In the heading, by striking ``GENERAL SUPPLY'' and
inserting ``ACQUISITION SERVICES''.
(2) In subsection (a), by striking ``General Supply'' and
inserting ``Acquisition Services'' and adding ``(the Fund)''
following ``Acquisition Services Fund''; and after the
initial sentence, by adding the following new paragraph:
``The Fund shall replace the General Supply Fund and the
Information Technology Fund. Capital assets and balances
remaining in the General Supply Fund and the Information
Technology Fund as in existence immediately before February
1, 2007 shall be transferred to the Acquisition Services Fund
and shall be merged with and be available for the purposes of
the Acquisition Services Fund. Any liabilities, commitments,
and obligations of the General Supply Fund and the
Information Technology Fund as in existence immediately
before February 1, 2007 shall be assumed by the Acquisition
Services Fund.''.
(3) In subsection (b)--
(A) by striking the text of paragraph (1) and inserting the
following: ``The Fund is composed of amounts authorized to be
transferred to the Fund or otherwise made available to the
Fund.'';
(B) by striking the text of paragraph (2) and inserting the
following: ``The Fund shall be credited with all
reimbursements, advances, and refunds or recoveries relating
to personal property or services procured through the Fund,
including--
``(A) the net proceeds of disposal of surplus personal
property;
``(B) receipts from carriers and others for loss of, or
damage to, personal property; and
``(C) receipts from agencies charged fees pursuant to rates
established by the Administrator.'';
(C) by striking the heading and text of paragraph (3) and
inserting the following: ``Cost and capital requirements.--
The Administrator shall determine the cost and capital
requirements of the Fund for each fiscal year and shall
develop a plan concerning such requirements in consultation
with the Chief Financial Officer of the General Services
Administration. Any change to the cost and capital
requirements of the Fund for a fiscal year shall be approved
by the Administrator. The Administrator shall establish rates
to be charged agencies provided, or to be provided, a supply
of personal property and non-personal services through the
Fund, in accordance with the plan.''; and
(D) by adding at the end the following new paragraph:
``(4) Deposit of fees.--Fees collected by the Administrator
under section 313 of this title may be deposited in the Fund,
to be used for the purposes of the Fund.''.
(4) In subsection (c)(1)(A)--
(A) by striking ``and'' at the end of clause (i);
(B) by inserting ``and'' after the semicolon at the end of
clause (ii); and
(C) by inserting after clause (ii) the following new
clause:
``(iii) personal services related to the provision of
information technology (as defined in section 11101(6) of
this title);''.
(5) In subsection (d)(2)(A)--
(A) by striking ``and'' at the end of clause (iv);
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following new
clause:
``(v) the cost of personal services employed directly in
providing information technology (as defined in section
11101(6) of this title); and''.
(6) By striking subsection (f) and inserting the following:
``(f) Transfer of Uncommitted Balances.--Following the
close of each fiscal year, after making provision for a
sufficient level of inventory of personal property to meet
the needs of Federal Agencies, the replacement cost of motor
vehicles, and other anticipated operating needs reflected in
the cost and capital plan developed under subsection (b), the
uncommitted balance of any funds remaining in the Fund shall
be transferred to the general fund of the Treasury as
miscellaneous receipts.''.
(7) Conforming and clerical amendments.--
(A) 40 U.S.C. 322 is repealed.
(B) The table of sections for chapter 3 of title 40, United
States Code, is amended by striking the items relating to
sections 321 and 322 and inserting the following:

``321. Acquisition Services Fund.''.

(C) 40 U.S.C. 573 is amended by striking ``General Supply
Fund'' both places it appears and inserting ``Acquisition
Services Fund''.
(D) 40 U.S.C. 604(b) is amended in the heading and the text
by striking ``General Supply Fund'' and inserting
``Acquisition Services Fund''.
(E) 40 U.S.C. 605 is amended--
(i) in the heading and the text of subsection (a) by
striking ``General Supply Fund'' and inserting ``Acquisition
Services Fund''; and
(ii) in subsection (b)(2), by striking ``321(f)(1)'' and
inserting ``321(f)'' and by striking ``General Supply Fund''
and inserting ``Acquisition Services Fund''.

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, $36,531,000,
together with not to exceed $2,579,000 for administrative
expenses to adjudicate retirement appeals to be transferred
from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.

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

morris k. udall scholarship and excellence in national environmental
policy trust fund

(including transfer of funds)

For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act
of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, 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, $289,605,000: Provided, That the
Archivist of the United States is authorized to use any
excess funds available from the amount borrowed for
construction of the National Archives facility, for expenses
necessary to provide adequate storage for holdings.

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, $45,455,000, of which
$31,680,000 shall remain available until September 30, 2008.

Repairs and Restoration

For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$13,020,000, to remain available until expended.

National Historical Publications and Records Commission

grants program

(including transfer of funds)

For necessary expenses for allocations and grants for
historical publications and records

[[Page H3879]]

as authorized by 44 U.S.C. 2504, as amended, $7,500,000, 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 for operating expenses of
the National Historical Publications and Records
Administration.

National Credit Union Administration

central liquidity facility

During fiscal year 2007, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2007 shall not exceed $331,000.

Community Development Credit Union Revolving Loan Fund

For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $941,000,
shall be available until September 30, 2008 for technical
assistance to low-income designated credit unions.

National Transportation Safety Board

salaries and expenses

For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$81,594,000, of which not to exceed $2,000 may be used for
official reception and representation expenses.

(rescission)

Of the available unobligated balances made available under
Public Law 106-246, $1,664,000 are rescinded.

Neighborhood Reinvestment Corporation

Payment to the Neighborhood Reinvestment Corporation

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $119,790,000.

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, $11,489,000.

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, $111,095,000, of which $6,913,170
shall remain available until expended for the Enterprise
Human Resources Integration project; $1,435,500 shall remain
available until expended for the Human Resources Line of
Business project. In addition, $100,178,000 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: Provided, That the provisions of this
appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
and 9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining
Unit of the Office of Personnel Management established
pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during
fiscal year 2007, 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,
as amended, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $1,597,860, and in
addition, not to exceed $16,165,710 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), as amended, such sums as may be
necessary.

Government Payment for Annuitants, Employee Life Insurance

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

Payment to Civil Service Retirement and Disability Fund

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

Office of Special Counsel

salaries and expenses

For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), as amended, the Whistleblower Protection Act of 1989
(Public Law 101-12), as amended, 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; $15,937,000.

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; $24,255,000: 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.

United States Interagency Council on Homelessness

operating expenses

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$2,000,000.

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,
$108,915,000, of which $79,915,000 shall not be available for
obligation until October 1, 2007: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural
delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, That none of the
funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year
2007.

United States Tax Court

salaries and expenses

For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $47,110,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.

[[Page H3880]]

TITLE VIII--GENERAL PROVISIONS THIS ACT

(including transfers of funds)

Sec. 801. Such sums as may be necessary for fiscal year
2007 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 802. 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. 803. 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. 804. 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. 805. 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. 806. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 807. 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. 808. 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. 809. 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. 810. 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 2007, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) creates,
reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the statement of the managers accompanying this Act,
whichever is more detailed, unless prior approval is received
from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include: (1) a table for each
appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 811. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2007 from appropriations
made available for salaries and expenses for fiscal year 2007
in this Act, shall remain available through September 30,
2008, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees
on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be
made in compliance with reprogramming guidelines.
Sec. 812. 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. 813. 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. 814. 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 pursuant to court approval.
Sec. 815. 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. 816. The provision of section 815 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. 817. 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. 818. None of the funds made available in the Act may
be used to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in
nature or incidental to a financial activity published in the
Federal Register on January 3, 2001 (66 Fed. Reg. 307 et
seq.); or
(2) the revision proposed in such rule to section 1501.2 of
title 12 of the Code of Federal Regulations.
Sec. 819. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfield as defined in the Small Business Liability Relief
and Brownsfield Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.

TITLE IX--GENERAL PROVISIONS GOVERNMENT-WIDE

Departments, Agencies, and Corporations

Sec. 901. 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. 902. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2007 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. 903. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance

[[Page H3881]]

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 $8,100 except
station wagons for which the maximum shall be $9,100:
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. 904. 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. 905. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992 (Public Law 102-404):
Provided, That for the purpose of this section, an affidavit
signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect
to his or her status have been complied with: Provided
further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be
in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with
the United States in a current defense effort, or to
international broadcasters employed by the United States
Information Agency, 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. 906. 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. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 907. 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. 908. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 909. No part of any appropriation for the current
fiscal year 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. 910. 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. 911. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service or under the charge and
control of the Postal Service. The Postal Service may give
such guards, with respect to such property, any of the powers
of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that
the Secretary of Homeland Security may take under such
section with respect to that property.
Sec. 912. 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. 913. (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 2007, 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 2007, 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 2007, 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
2007 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 2007 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2006, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2006,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2006.
(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. 914. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Government appointed by the President of the
United States, holds office, no funds may be

[[Page H3882]]

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. 915. Notwithstanding section 1346 of title 31, United
States Code, or section 910 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. 916. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department
of Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 917. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for the current fiscal year 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), as amended, 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. 918. 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 of
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. 919. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 920. 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. 921. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 922. 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. 923. 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. 924. 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. 925. (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 Rate
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. 926. Notwithstanding 31 U.S.C. 1346 and section 910 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. 927. Notwithstanding 31 U.S.C. 1346 and section 910 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Government-

[[Page H3883]]

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 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, the
total funds transferred or reimbursed shall not exceed
$10,000,000: Provided further, such transfers or
reimbursements may only be made 15 days following
notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 928. 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. 929. Nothwithstanding section 1346 of title 31, United
States Code, or section 910 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 930. 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. 931. Subsection (f) of section 403 of Public Law 103-
356 (31 U.S.C. 501 note), as amended, is repealed.
Sec. 932. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 933. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 934. 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. 935. 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. 936. 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. 937. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 938. (a) 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) The report in (a) shall detail--
(1) the amount proposed for transfer for any department and
agency by program office, bureau, or activity, as
appropriate;
(2) the specific use of funds;
(3) the relevance of that use to that department or agency
and each bureau or office within, which is contributing
funds; and
(4) a description on any such activities for which funds
were appropriated that will not be implemented or partially
implemented by the department or agency as a result of the
transfer.
Sec. 939. (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; and
(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.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that--
(i) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
(ii) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act;
(D) depot contracts or contracts for depot maintenance as
provided in sections 2469 and 2474 of title 10, United States
Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the date of
enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office
of Management and Budget Circular A-76 shall prevent the head
of an executive agency from conducting a public-private
competition to evaluate the benefits of converting work from
contract performance to performance by Federal employees in
appropriate instances. The Circular shall provide procedures
and policies for these competitions that are similar to those
applied to competitions that may result in the conversion of
work from performance by Federal employees to performance by
a contractor.

[[Page H3884]]

Sec. 940. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2007 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 2.7 percent, and
this adjustment shall apply to civilian employees in the
Department of Defense and the Department of Homeland Security
and such adjustments shall be effective as of the first day
of the first applicable pay period beginning on or after
January 1, 2007.
(b) Notwithstanding section 913 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take
place in fiscal year 2007 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 2007.
Sec. 941. 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. 942. 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) or of
section 552.224 of title 48 of the Code of Federal
Regulations.
Sec. 943. Each executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card. 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, 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.

The Acting CHAIRMAN. Are there any points of order to that portion of
the bill? If not, are there any amendments to that portion of the bill?
The Clerk will read.
The Clerk read as follows:

Sec. 944. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title shall not
apply to title V.

Sequential Votes Postponed in Committee of the Whole

The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments on which further proceedings were
postponed, in the following order:
Amendment by Mr. LaTourette of Ohio.
Amendment by Ms. Bean of Illinois.
Amendment by Mr. Israel of New York.
Amendment by Mr. Gary G. Miller of California.
Amendment by Mr. Nadler of New York.
Amendment by Mr. Davis of Alabama.
Amendment by Ms. Jackson-Lee of Texas.
Amendment of Ms. Harris of Florida.
Amendment by Ms. Slaughter of New York.
Amendment of Ms. Waters of California.
Amendment by Ms. Hooley of Oregon.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.

Amendment Offered by Mr. LaTourette

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Ohio (Mr.
LaTourette) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 266,
noes 158, not voting 8, as follows:

[Roll No. 263]

AYES--266

Abercrombie
Ackerman
Allen
Andrews
Baca
Bachus
Baird
Baldwin
Barrow
Bass
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burton (IN)
Butterfield
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Castle
Chandler
Clay
Cleaver
Clyburn
Cole (OK)
Conyers
Costa
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Doyle
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Foley
Ford
Fortenberry
Fossella
Frank (MA)
Frelinghuysen
Garrett (NJ)
Gerlach
Gilchrest
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Green, Al
Green, Gene
Gutierrez
Harman
Hastings (FL)
Hayes
Herseth
Higgins
Hinchey
Hinojosa
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (NY)
Kirk
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
LaTourette
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Nadler
Napolitano
Neal (MA)
Ney
Oberstar
Obey
Olver
Ortiz
Osborne
Owens
Pallone
Pascrell
Pelosi
Peterson (MN)
Pickering
Platts
Pomeroy
Porter
Price (NC)
Pryce (OH)
Rahall
Rangel
Regula
Rehberg
Reyes
Reynolds
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Shimkus
Simmons
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stupak
Sweeney
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Whitfield
Wolf
Woolsey
Wu
Wynn
Young (FL)

NOES--158

Aderholt
Akin
Alexander
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Beauprez
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Burgess
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Chabot
Chocola
Coble
Conaway
Cooper
Crenshaw
Cubin
Culberson
Davis (KY)
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Everett
Flake
Forbes
Foxx
Franks (AZ)
Gallegly
Gibbons
Gillmor
Gingrey
Granger
Graves
Green (WI)
Grijalva
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayworth
Hefley
Hensarling
Herger
Hobson
Hostettler
Hulshof
Hunter
Inglis (SC)
Issa
Istook
Jenkins
Johnson, Sam
Jones (NC)
Keller
Kennedy (MN)
King (IA)
Kingston
Kline
Knollenberg
Kolbe
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Marchant
McCaul (TX)
McCrery
McHenry
McMorris
Mica
Miller (FL)
Miller, Gary
Musgrave
Myrick
Neugebauer

[[Page H3885]]

Northup
Norwood
Nunes
Nussle
Otter
Oxley
Pastor
Paul
Pearce
Pence
Peterson (PA)
Petri
Pitts
Poe
Pombo
Price (GA)
Putnam
Radanovich
Ramstad
Renzi
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Salazar
Schmidt
Sensenbrenner
Shadegg
Shaw
Sherwood
Shuster
Simpson
Smith (TX)
Sodrel
Stearns
Sullivan
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Walden (OR)
Wamp
Weldon (FL)
Westmoreland
Wicker
Wilson (NM)
Wilson (SC)
Young (AK)

NOT VOTING--8

Evans
Hyde
Manzullo
Miller (MI)
Payne
Reichert
Sessions
Strickland

{time} 2121

Messrs. SALAZAR, CHOCOLA, SIMPSON, MARCHANT, Mrs. SCHMIDT and Mr.
SULLIVAN changed their vote from ``aye'' to ``no.''
Messrs. HINOJOSA, GUTIERREZ, BURTON of Indiana and Ms. McKINNEY
changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment Offered by Ms. Bean

The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from Illinois (Ms. Bean) on
which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 234,
noes 190, not voting 8, as follows:

[Roll No. 264]

AYES--234

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bono
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Capps
Cardin
Cardoza
Carnahan
Carson
Case
Castle
Chabot
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Fitzpatrick (PA)
Foley
Ford
Foxx
Frank (MA)
Gerlach
Gibbons
Gohmert
Gonzalez
Gordon
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Harris
Hastings (FL)
Hayes
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kirk
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Pelosi
Peterson (MN)
Platts
Pomeroy
Porter
Price (NC)
Rahall
Ramstad
Rangel
Renzi
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Shimkus
Simmons
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Spratt
Stark
Tanner
Tauscher
Taylor (MS)
Terry
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Woolsey
Wu
Wynn
Young (FL)

NOES--190

Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Boozman
Boren
Boustany
Brady (TX)
Brown (SC)
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capuano
Carter
Chocola
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, Jo Ann
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Flake
Forbes
Fortenberry
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Granger
Graves
Gutknecht
Hall
Hart
Hastings (WA)
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Inglis (SC)
Issa
Istook
Jenkins
Johnson, Sam
Jones (NC)
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lofgren, Zoe
Lucas
Lungren, Daniel E.
Mack
Marchant
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Poe
Pombo
Price (GA)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schmidt
Schwarz (MI)
Sensenbrenner
Shadegg
Shaw
Sherwood
Shuster
Simpson
Smith (TX)
Sodrel
Souder
Stearns
Stupak
Sullivan
Sweeney
Tancredo
Taylor (NC)
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)

NOT VOTING--8

Evans
Hyde
Manzullo
Miller (MI)
Payne
Reichert
Sessions
Strickland

Announcement by the Chairman

The CHAIRMAN (during the vote). Members are advised there is 1 minute
remaining in this vote.

{time} 2127

Mr. THOMAS changed his vote from ``aye'' to ``no.''
Mr. SHAYS changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

____________________