Congressional Record, Volume 153 Issue 105 (Wednesday, June 27, 2007)

[Congressional Record Volume 153, Number 105 (Wednesday, June 27, 2007)]
[House]
[Pages H7297-H7331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2008

The SPEAKER pro tempore. Pursuant to House Resolution 517 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. 2829.

{time} 2130

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. 2829) making appropriations for financial services and
general government for the fiscal year ending September 30, 2008, and
for other purposes, with Mr. Hastings of Florida in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, all
time for general debate had expired. Pursuant to the rule, the bill
shall be considered for amendment under the 5-minute rule.
Pursuant to the order of the House of today, no amendment to the bill
may be offered except those specified in the previous order of the
House of today, which is at the desk.
The Clerk will read.
The Clerk read as follows:

H.R. 2829

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, and for other purposes, namely:

TITLE I

DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

(including transfer of funds)

For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business, $250,591,000, of which not to exceed $10,115,000 is
for executive direction program activities; not to exceed
$9,700,000 is for general counsel program activities; not to
exceed $45,450,000 is for economic policies and programs
activities; not to exceed $29,069,000 is for financial
policies and programs activities; not to exceed $56,475,000
is for terrorism and financial intelligence activities; not
to exceed $19,010,000 is for Treasury-wide management
policies and programs activities; and not to exceed
$80,772,000 is for administration programs activities:
Provided, That the Secretary of the Treasury is authorized to
transfer funds appropriated for any program activity of the
Departmental Offices to any other program activity of the
Departmental Offices upon notification to the House and
Senate Committees on Appropriations: Provided further, That
no appropriation for any program activity shall be increased
or decreased by more than 2 percent by all such transfers:
Provided further, That any change in funding greater than 2
percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That
of the amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2009, for
information technology modernization requirements; not to
exceed

[[Page H7298]]

$150,000 for official reception and representation expenses;
and not to exceed $258,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further,
That of the amount appropriated under this heading,
$5,114,000, to remain available until September 30, 2009, is
for the Treasury-wide Financial Statement Audit and Internal
Control Program, of which such amounts as may be necessary
may be transferred to accounts of the Department's offices
and bureaus to conduct audits: Provided further, That this
transfer authority shall be in addition to any other provided
in this Act: Provided further, That of the amount
appropriated under this heading, $3,000,000, to remain
available until September 30, 2009, is for secure space
requirements: Provided further, That of the amount
appropriated under this heading, $2,300,000, to remain
available until September 30, 2009, is for salary and
benefits for hiring of personnel whose work will require
completion of a security clearance investigation in order to
perform highly classified work to further the activities of
the Office of Terrorism and Financial Intelligence: Provided
further, That of the amount appropriated under this heading,
$2,100,000, to remain available until September 30, 2010, is
to develop and implement programs within the Office of
Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements.

Mr. REGULA. Mr. Chairman I move to strike the requisite number of
words.
Mr. Chairman, I yield to the distinguished minority whip to engage in
a colloquy.
Mr. BLUNT. Mr. Chairman, I would like to inquire of my friends, the
chairman and the ranking member, whether they are willing to work with
me going forward on a solution for two broadcasters that cover the
Joplin, Missouri, Pittsburgh, Kansas, broadcast area. This includes a
significant portion of my district.
Due to the forthcoming digital transition, which Congress has already
authorized for early 2009, the channel allocation assigned to KFJX, a
local FOX affiliate, is likely to be shared with emergency first
responders. This could result in significant service disruptions for
both the station and the first responders. Another local station, CBS
affiliate KOAM, has offered to make available spare spectrum for KFJX's
use after the transition, which should provide a solution to the
problem.
Unfortunately, due to the fact that one of these stations, KFJX
commenced operations after the FCC issued viable digital channels for
all existing broadcasters, at this point the FCC believes it is unable
to make the proposed change without congressional intervention. I would
like to work with my friends in order to fix this problem as this bill
works its way through the process.
Mr. REGULA. I thank the gentleman for his concern regarding this
important issue. The digital transition will have many consequences,
some unintended, such as the situation the gentleman described in
Missouri.
I look forward to working with the minority whip, the chairman, and
the FCC to bring resolution to this issue over the next few months and
prior to the enactment of this bill.
Mr. Chairman, I yield to the chairman of the subcommittee.
Mr. SERRANO. Mr. Chairman, I thank the gentleman from Missouri for
raising some important concerns about the effect of the digital
transition on broadcasters in his home State. I will be glad to work
with the gentleman and the ranking member to try to come to a
satisfactory resolution of the matter.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

Department-Wide Systems and Capital Investments Programs

(including transfer of funds)

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

Mr. SERRANO. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I yield to the gentleman from Illinois (Mr. Davis).
Mr. DAVIS of Illinois. Mr. Chairman, I want to thank Chairman Serrano
for yielding to me. I appreciate the opportunity to work with the
gentleman from New York on this issue.
As the chairman of the Subcommittee on the Federal Workforce Postal
Service and District of Columbia, I look forward to working closely
with my colleagues on issues within our subcommittee's jurisdiction.
In 1971, Congress made the Postal Service self-sustaining. However,
Congress continued to subsidize the mailing cost of the blind,
nonprofit organizations, local newspapers, and publishers of
educational material. It did so by providing an appropriation to the
Postal Service to cover the revenues it had given up or ``foregone'' by
charging below cost rates to these groups. Appropriations for these
subsidies increased as postage rates and the number of nonprofits grew,
approaching $1 billion annually in the mid-1980s.
In the early 1990s, Congress did not appropriate enough to cover
these costs and refused to let the Postal Service invoke its statutory
right to raise rates to cover the shortfall. The Postal Service pleaded
that providing social subsidies was not part of its mission, hindered
its competitiveness, and was more regressive than taxation with its
impact.
The Revenue Forgone Reform Act of 1993 eliminated appropriations to
support reduced rates for nonprofits, which effectively transferred the
costs to other mailers. The Act retained free postage only for the
blind and for overseas absentee ballot materials. Appropriations for
subsidizing that narrow purpose have been in the range of $60 million
to $100 million each year.
The 1993 Act also provided for an annual payment of $29 million each
year for 42 years to pay off the debt accumulated in the early 1990s.
Congress has appropriated this amount every year from 1994 through
2006, even though the President's fiscal year 2005 and fiscal year 2006
budgets proposed to eliminate the payment. Failure to fund this
authorized appropriation places the remaining debt of more than $800
million at risk of nonpayment which would significantly increase postal
costs. In addition, not providing funds for these services over time
will require the Postal Service to record these obligations as a bad
debt and will unfairly transfer these costs to postage ratepayers whose
costs have already increased due to the recent rate determinations by
the Postal Rate Commission.
It is important to note that Congress entered into this arrangement
and has covered the $29 million each year without fail since the 1993
Revenue Foregone Act was enacted. By reneging on our obligation, we
place the fiscal well-being of the Postal Service at risk. We also send
a signal that Congress will not stand behind free mail for the blind
and overseas absentee balloting materials, something we should not be
doing.
For the record, I note that in addition to our subcommittee letter to
the Appropriations Committee requesting that the $29 million in revenue
foregone reimbursement be restored, a number of postal stakeholders
echoed the request: Postal labor unions and management, the Alliance of
Nonprofit Mailers, and the postmaster general all want the revenue
foregone payment honored.
I ask the chairman: Will the chairman support restoring this
important funding when the bill goes to conference with the Senate?
Mr. SERRANO. Reclaiming my time, the gentleman has made important
observations regarding the necessity of keeping Congress' commitment to
repay this long-term debt to the Postal Service. I agree with my
colleague that failure to meet this commitment would adversely affect
the future financial stability of the Postal Service and eventually
force it to take actions that would increase cost for postal consumers.
I want to assure the gentleman that I will work hard to reach an
agreement with the Senate that produces a conference report that
provides the $29 million payment.
Mr. Chairman, I would also like to take this opportunity to call on
the administration to resume including these funds in its budget
requests. The revenue forgone appropriation has not been part of the
President's budget request since fiscal year 2004.

[[Page H7299]]

As I have previously stated, this bill's budget allocation is $243
million below the President's request, so we are placed in a very
difficult position when we have to find money for critically important
items that have been left out of the President's budget.
I strongly urge the administration to recognize the importance of the
revenue foregone appropriation and include it in future budgets.
Mr. REGULA. Mr. Chairman, I move to strike the requisite number of
words.
I yield to the gentleman from Montana (Mr. Rehberg), a member of the
subcommittee.
Mr. REHBERG. Mr. Chairman, in light of the distressing statistics
regarding the Office of National Drug Control Policy's National Youth
Media Campaign, and its subsequent reduction within our committee, I
rise today to let my colleagues know that it is possible to design,
implement and evaluate youth anti-drug marketing.
Methamphetamine is a real problem across this great Nation, and no
State is immune to its horrible effects. Montana ranks among the top 10
States nationally in per capita treatment admissions for
methamphetamine use.
The statistics in Montana are truly staggering. Fifty-two percent of
the children who are placed in out-of-home care are there because of
meth.
Fifty percent of adults incarcerated at State prisons are there due
to meth.
Twenty percent of Montanans in addiction treatment are there because
of meth.
While many people would simply nod their heads and agree this is a
terrible problem, some good people in Montana have taken it upon
themselves to do something about it.
Tom Siebel, who lives in Wolf Creek, is an outstanding Montanan who
did something that many of us could not do. He decided to use his own
money to fund a prevention campaign to help raise awareness about the
dangers of first time methamphetamine use. Tom Siebel founded the
Montana Meth Project in 2005, which has been conducting research and
running a statewide multi-media public awareness campaign aimed at
significantly reducing first-time methamphetamine use through public
service messaging, public policy, and community outreach.
Results from the Montana Meth Use & Attitudes Survey conducted
earlier this year show the dramatic and successful impact that the
Montana Meth Project's public education campaign has had on its
intended audience.
Over the past 2 years, there has also been a dramatic shift in the
perception of methamphetamine use, more frequent parent-child
communications about the dangers of methamphetamine, and greater
societal disapproval. For the first time, meth use and associated crime
in Montana has declined.
The States of Arizona and Idaho are using Montana's hard-hitting ads
and successful approach, launching similar youth media campaigns.
Clearly, the efforts of the Montana Meth Project are working.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
Mr. Speaker, I yield to the gentleman from Maryland (Mr.
Ruppersberger), a distinguished member of the subcommittee and famous
Orioles fan.
Mr. RUPPERSBERGER. Mr. Speaker, I rise in support of the fiscal year
2008 Financial Services Appropriation, and I urge Members to vote for
this bill. It is an excellent bill approved by the subcommittee
unanimously. It is below the President's request, and fulfills our
obligation to be efficient with the taxpayers' dollars. I commend
Chairman Serrano and Ranking Member Regula for their leadership and
their bipartisan achievement.
As a former prosecutor and county executive, I am especially proud of
several initiatives in the bill. I would like it highlight one program
specifically. There is $226 million, a $6 million increase, over the
President's budget for high-intensity drug trafficking areas. HIDTA
funding enables local, State and Federal law enforcement to work
together in fighting the war against drugs.
As a county executive in Baltimore County, we worked with HIDTA to
bring everyone to the table who had a stake in stopping drug
trafficking. We don't stop drug buys with just a single piece of
information. It takes solid policework, intelligence, and trained
experts analyzing information to help officers make the drug arrests.

{time} 2145

The HIDTA program is making a major impact in areas like Baltimore,
Chicago, Houston, Los Angeles, Philadelphia, New York and other
locations. Statistics show that drugs are connected to over 70 percent
of all violent crime in the United States. This increase in HIDTA
funding helps protect this country and our communities against drug
dealers and other violent criminals.
I urge my colleagues to support the Financial Services appropriations
bill.
Mr. SERRANO. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

Office of Inspector General

salaries and expenses

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

Treasury Inspector General for Tax Administration

salaries and expenses

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

Air Transportation Stabilization Program Account

(including rescission)

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

Financial Crimes Enforcement Network

salaries and expenses

For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or
without reimbursement, $83,344,000, of which not to exceed
$16,340,000 shall remain available until September 30, 2010;
and of which $8,955,000 shall remain available until
September 30, 2009: Provided, That funds appropriated in this
account may be used to procure personal services contracts.

Financial Management Service

salaries and expenses

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

Alcohol and Tobacco Tax and Trade Bureau

salaries and expenses

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

United States Mint

united states mint public enterprise fund

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

Bureau of the Public Debt

administering the public debt

For necessary expenses connected with any public-debt
issues of the United States,

[[Page H7300]]

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

Community Development Financial Institutions Fund Program Account

To carry out the Community Development Banking and
Financial Institutions Act of 1994 (Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for ES-3, $100,000,000, to remain available until
September 30, 2009, of which up to $13,500,000 may be used
for administrative expenses, including administration of the
New Markets Tax Credit, up to $7,500,000 may be used for the
cost of direct loans, and up to $250,000 may be used for
administrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed
$15,000,000.

Internal Revenue Service

Taxpayer Services

For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,155,000,000, of which up to $4,100,000 shall be for the
Tax Counseling for the Elderly Program, of which $8,000,000
shall be available for low-income taxpayer clinic grants, and
of which not less than $179,600,000 shall be available for
operating expenses of the Taxpayer Advocate Service.

Enforcement

(Including Transfer of Funds)

For necessary expenses of the Internal Revenue Service to
determine and collect owed taxes, to provide legal and
litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal
revenue laws and other financial crimes, to purchase (for
police-type use, not to exceed 850) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $4,925,498,000, of which
not less than $57,252,000 shall be for the Interagency Crime
and Drug Enforcement program: Provided, That up to
$10,000,000 may be transferred as necessary from this account
to the Internal Revenue Service Operations Support
appropriation solely for the purposes of the Interagency
Crime and Drug Enforcement program: Provided further, That
this transfer authority shall be in addition to any other
transfer authority provided in this Act.

Operations Support

For necessary expenses of the Internal Revenue Service to
operate and support taxpayer services and tax law enforcement
programs, including rent payments; facilities services;
printing; postage; physical security; headquarters and other
IRS-wide administration activities; research and statistics
of income; telecommunications; information technology
development, enhancement, operations, maintenance, and
security; the hire of passenger motor vehicles (31 US.C.
1343(b)); and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner;
$3,769,587,000, of which $75,000,000 shall remain available
until September 30, 2009, for information technology support;
of which not to exceed $1,000,000 shall remain available
until September 30, 2010, for research; of which not to
exceed $1,600,000 shall be for the Internal Revenue Service
Oversight Board; and of which not to exceed $25,000 shall be
for official reception and representation.

Business Systems Modernization

For necessary expenses of the Internal Revenue Service's
business systems modernization program, $282,090,000, to
remain available until September 30, 2010, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That, with the
exception of labor costs, none of these funds may be
obligated until the Internal Revenue Service submits to the
Committees on Appropriations, and such Committees approve, a
plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the
Office of Management and Budget, including Circular A-11; (2)
complies with the Internal Revenue Service's enterprise
architecture, including the modernization blueprint; (3)
conforms with the Internal Revenue Service's enterprise life
cycle methodology; (4) is approved by the Internal Revenue
Service, the Department of the Treasury, and the Office of
Management and Budget; (5) has been reviewed by the
Government Accountability Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government.

Health Insurance Tax Credit Administration

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

Administrative Provisions--Internal Revenue Service

(including transfer of funds)

Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not
to exceed 3 percent of appropriations under the heading
``Enforcement'' may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of
the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with taxpayers, and in cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased 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. 105. Of the funds made available by this Act to the
Internal Revenue Service, not less than $6,822,000,000 shall
be available only for tax enforcement and related support
activities funded in Internal Revenue Service,
``Enforcement'' and ``Operations Support''. In addition, of
the funds made available by this Act to the Internal Revenue
Service, and subject to the same terms and conditions, an
additional $406,000,000 shall be available for tax
enforcement and related support activities.
Sec. 106. Not more than $1,000,000 of the funds made
available in this or any other Act may be used to enter into,
renew, extend, administer, implement, enforce, provide
oversight of, or make any payment related to any qualified
tax collection contract (as defined in section 6306 of the
Internal Revenue Code of 1986).
Sec. 107. Section 9503(a) of title 5, United States Code,
is amended by striking ``for a period of 10 years after the
date of enactment of this section'' and inserting ``before
July 23, 2013''.
Sec. 108. Sections 9504 (a) and (b), and 9505(a) of title
5, United States Code, are amended by striking ``For a period
of 10 years after the date of enactment of this section''
each place it occurs and inserting ``Before July 23, 2013''.
Sec. 109. Section 9502(a) of title 5, United States Code,
is amended by striking ``Office of Management and Budget''
and inserting ``Office of Personnel Management''.

Administrative Provisions--Department of the Treasury

(including transfers of funds)

Sec. 110. 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.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. OBEY. Mr. Chairman, we have just passed an amendment that was
going to be offered by one Member on our side of the aisle.
I want to make the point that if Members expect us to call them, they
are wrong. As far as I am concerned, we are not running a baby-sitting
service. If Members want to offer their amendments tonight, they have
an obligation to pay attention and be here in a timely fashion.
I yield back the balance of my time.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

Sec. 111. 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

[[Page H7301]]

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. 112. 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. 113. 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. 114. 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. 115. 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. 116. Section 122(g)(1) of Public Law 105-119, as
amended (5 U.S.C. 3104 note), is further amended by striking
``8 years'' and inserting ``10 years''.
Sec. 117. 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. 118. 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.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2008''.

TITLE II

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT

Compensation of the President

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

White House Office

salaries and expenses

For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
and not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President; $53,156,000: Provided, That of the
funds appropriated under this heading, up to $1,500,000 shall
be for the Privacy and Civil Liberties Oversight Board.

Executive Residence at the White House

operating expenses

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

reimbursable expenses

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

White House Repair and Restoration

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

Council of Economic Advisers

salaries and expenses

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

Office of Policy Development

salaries and expenses

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

National Security Council

salaries and expenses

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

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,
$92,829,000, of which $11,923,000 shall remain available
until expended for continued modernization of the information
technology infrastructure within the Executive Office of the
President.

Office of Management and Budget

salaries and expenses

For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109 and to carry out the
provisions of chapter 35 of title 44, United States Code,
$78,394,000, 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

[[Page H7302]]

further, That the Director of the Office of Management and
Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the
Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office
of Management and Budget concurrence with the report and act
accordingly.

Office of National Drug Control Policy

salaries and expenses

For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$26,636,000; 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
2006 (Public Law 109-469), $10,000,000, which shall remain
available until expended, consisting of $5,000,000 for
counternarcotics research and development projects, and
$5,000,000 for the continued operation of the technology
transfer program: Provided, That the $5,000,000 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 transfers of funds)

For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program authorized by the Office of National Drug Control
Policy Reauthorization Act of 2006 (Public Law 109-469),
$226,000,000 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, 2009, may be transferred
to Federal agencies and departments at a rate to be
determined by the Director, of which not less than $2,100,000
shall be used for auditing services and associated
activities: Provided further, That High Intensity Drug
Trafficking Areas Programs designated as of September 30,
2007, shall be funded at no less than the fiscal year 2007
initial allocation levels unless the Director submits to the
Committees on Appropriations, and the Committees approve,
justification for changes in those levels based on clearly
articulated priorities for the High Intensity Drug
Trafficking Area Programs, as well as published Office of
National Drug Control Policy performance measures of
effectiveness: Provided further, That a request shall be
submitted in compliance with the reprogramming guidelines to
the Committees on Appropriations for approval prior to the
obligation of funds of an amount in excess of the fiscal year
2007 budget request.

Amendment Offered by Mr. Boozman

Mr. BOOZMAN. Mr. Chairman, I have an amendment at the desk.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Boozman:
Page 27, line 6, insert before the period the following:
``: Provided further, that $6,000,000 shall not be made
available until the Director of the Office of National Drug
Control Policy certifies in writing that regulations
established for the designation of high intensity drug
trafficking areas include a requirement that the Director, in
considering whether to designate an area as a high intensity
drug trafficking area, shall consider whether the area lies
within a State that already receives assistance under the
High Intensity Drug Trafficking Areas program''.

Mr. SERRANO. Mr. Chairman, I reserve a point of order on the
gentleman's amendment.
The CHAIRMAN. The point of order is reserved.
Pursuant to the order of the House of today, the gentleman from
Arkansas (Mr. Boozman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arkansas.
Mr. BOOZMAN. Thank you, Mr. Chairman.
My amendment would encourage the Office of National Drug Control
Policy to give careful consideration to States that do not currently
benefit from the HIDTA program when considering the request of law
enforcement agencies for a new HIDTA designation.
The Office of National Drug Control Policy Reauthorization Act of
2006 was enacted on December 27, 2006. This law requires the Director
of ONDCP to establish regulations under which a coalition of interested
law enforcement agencies from an area may petition for designation as a
high intensity drug trafficking area.
My amendment would require that of the $226 million in HIDTA funding
in the underlying bill, $6 million will not be made available until the
Director of the ONDCP certifies in writing that specific regulations
have been established for the consideration of HIDTA application.
Specifically, the Director must take into consideration whether an area
that may be designated as a HIDTA lies within a State that already
receives assistance from the HIDTA program.
I do not believe we should mandate a preference for States like
Arkansas that have been overlooked in the designation process, but I do
believe we should encourage ONDCP to take this fact into consideration
when reviewing HIDTA applications.
I have seen the tragic effects of increased drug manufacturing and
trafficking in Arkansas, especially the trafficking of meth. Arkansas
is one of several States, including Minnesota, North Carolina, South
Carolina, Delaware and several others, that have been excluded from the
HIDTA program, despite many characteristics that make it both an ideal
setting for illegal drug manufacturing and perfectly situated for
trafficking.
In recent years Arkansas has made great progress and has much to be
proud of, but we still face serious challenges when it comes to drug
trafficking. Our State has one of the most serious meth problems per
capita of any State in the country. Our State has become home to
branches of some of the Nation's major gangs and has a transportation
network that makes it ideal for drug traffickers targeting metropolitan
areas, including St. Louis, Little Rock, Chicago, Memphis, Kansas City
and so on. My congressional district has one of the top 10 fastest-
growing metropolitan statistical areas in the Nation, and recently our
State's largest city found itself high on a list of cities in the
Nation suffering from violent crime.
Again, I am really discouraged in the sense that despite all of these
facts, Arkansas and several States in similar situations have been
overlooked in the HIDTA designation process. I don't ask for special
preference for my State, but I do request that ONDCP give fair
consideration to States in my situation.
I want to thank the chairman and ranking member for their hard work
on the underlying bill. But again, this is just an effort to try and
help the States that are in the same situation as Arkansas.

Point of Order

Mr. SERRANO. 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
appropriation bill shall not be in order if changing existing law.''
The amendment imposes additional duties. Therefore, I ask for a ruling
from the Chair.
The CHAIRMAN. Does any Member wish to be heard on the point of order?
The amendment is in the form of a limitation. Under clause 2(c) of
rule XXI, an amendment in that form is not in order until the entire
bill has been read. The point of order is sustained and the amendment
is not in order.
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 2006
(Public Law 109-469), $197,800,000, to remain available until
expended, of which the amounts are available as follows:
$93,000,000 to support a national media campaign: Provided,
That the Office of National Drug Control Policy shall
maintain funding for non-advertising services for the media
campaign at no less than the fiscal year 2003 ratio of

[[Page H7303]]

service funding to total funds and shall continue the
corporate outreach program as it operated prior to its
cancellation; $90,000,000 to continue a program of matching
grants to drug-free communities, of which $2,000,000 shall be
made available as directed by section 4 of Public Law 107-82,
as amended by Public Law 109-469 (21 U.S.C. 1521 note);
$1,000,000 for training and technical assistance for drug
court professionals; $1,000,000 as directed by section 1105
of Public Law 109-469; $1,000,000 for demonstration programs
as authorized by section 1119 of Public Law 109-469;
$9,600,000 for the United States Anti-Doping Agency for anti-
doping activities; $1,700,000 for the United States
membership dues to the World Anti-Doping Agency; and $500,000
for evaluations and research related to National Drug Control
Program performance measures: Provided further, That such
funds may be transferred to other Federal departments and
agencies to carry out such activities: Provided further, That
of the amounts appropriated for a national media campaign,
not to exceed 10 percent shall be for administration,
advertising production, research and testing, labor, and
related costs of the national media campaign.

Unanticipated Needs

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, $4,432,000.

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, $320,000: Provided, That
advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of
carrying out such activities.

administrative provisions--executive office of the president

(including transfer of funds)

Sec. 201. From funds made available in this Act under the
headings ``White House Office'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisors'', ``National Security
Council'', ``Office of Administration'', ``Office of Policy
Development'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of
the Office of Management and Budget (or such other officer as
the President may designate in writing), may, 15 days after
giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice
President'' without the approval of the Vice President.
Sec. 202. The President shall submit to the Committees on
Appropriations not later than 30 days after the date of the
enactment of this Act, and prior to the initial obligation of
funds appropriated under the heading ``Office of National
Drug Control Policy'', a financial plan on the proposed uses
of all funds under the heading 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, 2008''.

TITLE III

THE JUDICIARY

Supreme Court of the United States

salaries and expenses

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

Care of the Building and Grounds

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

United States Court of Appeals for the Federal Circuit

salaries and expenses

For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $27,976,000.

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,
$16,544,000.

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, $4,660,590,000 (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.

Amendment No. 35 Offered by Mr. Cuellar

Mr. CUELLAR. Mr. Chairman, I have an amendment at the desk.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 35 offered by Mr. Cuellar:
Page 33, line 11, insert after the dollar figure the
following: ``(increased by $10,000,000)''.
Page 41, line 10, insert after the dollar figure the
following: ``(reduced by $10,000,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Texas (Mr. Cuellar) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. CUELLAR. Thank you, Mr. Chairman.
First of all, I want to thank Chairman Jose Serrano and Ranking
Member Ralph Regula for their leadership in bringing this appropriation
bill forward.
My amendment is simple. Working with my colleague Mr. Ted Poe, it
strives to alleviate the strain that we have on the Federal district
courts along the U.S.-Mexico border. In recent years, the rising number
of criminal immigration cases has created considerable strain to those
Federal district courts. For those courts, the percentage of criminal
cases have gone to upward of 70 percent of the criminal casework that
they have. The average Federal judge in a border district court sees
306.5 criminal cases per year compared with the national average of 83
cases a year.

{time} 2200

The subsequent backlog has impeded the ability of the district courts
to process cases in a timely manner. This backlog will only be
increased with the additional funding and emphasis put into the border
enforcement by Congress.
The backlog has hindered the due process for U.S. citizens and
immigrants. Many defendants have fallen through the cracks, as it can
take up to a year to receive judicial action. It is important that our
Nation's court system not be overextended by the lack of judges.
This bipartisan amendment is a companion to the legislation I
introduced, H.R. 1909, the Federal Criminal Immigration Courts Act of
2007. That legislation utilizes the recommendations of the 2007
judicial conference to increase the number of Federal judgeships in
those district courts most impacted by immigration cases.

[[Page H7304]]

The additional judges will help ease the burden on the system and
will ensure these cases will be handled in a timely manner. With your
help, we can move forward in making sure our judiciary keeps up with
the increased demand that we have along the border.
I believe an agreement with the chairman that I will withdraw this
amendment and work with the chairman to work with them to try to get
this funded in the conference committee.
Mr. SERRANO. Would the gentleman yield?
Mr. CUELLAR. Yes.
Mr. SERRANO. I will continue to work with you on this issue. I know
how important it is to you and to our country. You have that commitment
from us.
Mr. CUELLAR. Mr. Chairman, I don't see Mr. Poe here, but we did talk
about withdrawing this amendment. We ask unanimous consent to withdraw
the amendment.
The CHAIRMAN. Without objection, the gentleman's amendment is
withdrawn.
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $4,099,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.

Defender Services

For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act
of 1964 (18 U.S.C. 3006A); the compensation and reimbursement
of expenses of persons furnishing investigative, expert and
other services under the Criminal Justice Act of 1964 (18
U.S.C. 3006A(e)); the compensation (in accordance with
Criminal Justice Act maximums) and reimbursement of expenses
of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of
guardians ad litem acting on behalf of financially eligible
minor or incompetent offenders in connection with transfers
from the United States to foreign countries with which the
United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d); and for
necessary training and general administrative expenses,
$830,499,000, 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)), $62,350,000, 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), $396,476,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.

Administrative Office of the United States Courts

salaries and expenses

For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $75,667,000,
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, $23,994,000; of which
$1,800,000 shall remain available through September 30, 2009,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.

Judicial Retirement Funds

payment to judiciary trust funds

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

United States Sentencing Commission

salaries and expenses

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

Administrative Provisions--The Judiciary

(including transfer of funds)

Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under sections 605 and
610 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Within 90 days after the date of the enactment of
this Act, the Administrative Office of the U.S. Courts shall
submit to the Committees on Appropriations a comprehensive
financial plan for the Judiciary allocating all sources of
available funds including appropriations, fee collections,
and carryover balances, to include a separate and detailed
plan for the Judiciary Information Technology fund.
Sec. 305. Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note) is amended
in the sixth sentence (relating to the Northern District of
Ohio), by striking ``15 years'' and inserting ``20 years''.
This title may be cited as ``The Judiciary Appropriations
Act, 2008''.

TITLE IV

DISTRICT OF COLUMBIA

FEDERAL FUNDS

Federal Payment for Resident Tuition Support

For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $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.

[[Page H7305]]

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

For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$3,352,000, to remain available until expended, 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 of which not to exceed $352,000 is
for the District of Columbia National Guard: 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, $256,395,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $10,800,000, of which
not to exceed $1,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $100,543,000, of which not to exceed $1,500
is for official reception and representation expenses; for
the District of Columbia Court System, $54,052,000, of which
not to exceed $1,500 is for official reception and
representation expenses; and $91,000,000, to remain available
until September 30, 2009, 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 (GSA) master plan study and building
evaluation report: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the GSA, and such services shall
include the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President
and to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and Senate, the District of Columbia
Courts may reallocate not more than $1,000,000 of the funds
provided under this heading among the items and entities
funded under this heading for operations, and not more than 4
percent of the funds provided under this heading for
facilities.

Defender Services in District of Columbia Courts

For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance and such
other services as are necessary to improve the quality of
guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Code, and payments for counsel authorized under
section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $52,475,000, 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 $91,000,000 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 $91,000,000
provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments
described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
further, That notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for expenses of other
Federal agencies, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the
preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to
the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate.

Federal Payment to the Court Services and

Offender Supervision Agency for the District of Columbia

For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $190,343,000, of which
not to exceed $2,000 is for official receptions and
representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which not to
exceed $400,000 for the Community Supervision program and
$160,000 for the Pretrial Services program, both to remain
available until September 30, 2009, are for Information
Technology infrastructure enhancement acquisitions; of which
$140,499,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons; of which $49,849,000 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 District
of Columbia Government for space and services provided on a
cost reimbursable basis.

Federal Payment to District of Columbia Public Defender Service

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

Federal Payment to the District of Columbia Water and Sewer Authority

For a Federal payment to the District of Columbia Water and
Sewer Authority, $12,000,000, 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 provide a match of
$7,000,000 and the District of Columbia provide a match of
$5,000,000 in local funds for this payment.

Federal Payment to the Criminal Justice Coordinating Council

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

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

For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $6,148,000: Provided,
That each entity that receives funding under this heading
shall submit to the Office of the Chief Financial Officer of
the District of Columbia (CFO) a report on the activities to
be carried out with such funds no later than March 15, 2008,
and the CFO shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives
and the Senate no later than June 1, 2008.

Federal Payment for School Improvement

For a Federal payment for a school improvement program in
the District of Columbia, $40,800,000, to be allocated as
follows: for the District of Columbia Public Schools,
$13,000,000 to improve public school education in the
District of Columbia; for the State Education Office,
$13,000,000 to expand

[[Page H7306]]

quality public charter schools in the District of Columbia,
to remain available until September 30, 2009; for the
Secretary of the Department of Education, $14,800,000 to
provide opportunity scholarships for students in the District
of Columbia in accordance with division C, title III of the
District of Columbia Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 126), of which up to $1,800,000 may be
used to administer and fund assessments.

Federal Payment for Consolidated Laboratory Facility

For a Federal payment to the District of Columbia,
$10,000,000, to remain available until September 30, 2009,
for costs associated with the construction of a consolidated
laboratory facility: Provided, That the District of Columbia
provides a 100 percent match for this payment.

Federal Payment for Central Library and Branch Locations

For a Federal payment to the District of Columbia,
$10,000,000, to remain available until expended, for the
Federal contribution toward costs associated with the
renovation and rehabilitation of District libraries.

Federal Payment To Reimburse the Federal Bureau of Investigation

For a Federal payment to the District of Columbia,
$4,000,000, to remain available until September 30, 2010, for
reimbursement to the Federal Bureau of Investigation for
additional laboratory services, including DNA analysis,
performed for cases currently waiting analysis.

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 (114 Stat. 2440) (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 2008 under this
heading shall not exceed the lesser of the sum of the total
revenues of the District of Columbia for such fiscal year or
$9,777,362,000 (of which $6,022,444,000 shall be from local
funds, $2,015,853,000 shall be from Federal grant funds,
$1,730,503,000 shall be from other funds, and $8,562,000
shall be from private funds), in addition, $116,552,000 from
funds previously appropriated in this Act as Federal
payments: Provided further, That of the local funds,
$153,900,000 shall be derived from the District's general
fund balance: Provided further, That of these funds the
District's intradistrict authority shall be $648,289,000:
Provided further, That in addition, for capital construction
projects, there is appropriated an increase of
$1,595,503,000, of which $1,042,712,000 shall be from local
funds, $38,523,000 from the District of Columbia Highway
Trust Fund, $73,260,000 from the Local Street Maintenance
Fund, $75,000,000 from revenue bonds, $150,000,000 from
financing for construction of a consolidated laboratory
facility, $30,000,000 for construction of a baseball stadium,
$186,008,000 from Federal grant funds, and a rescission of
$212,696,000 from local funds appropriated under this heading
in prior fiscal years (of which $187,450,000 are from local
funds and $51,444,000 are from the Local Street Maintenance
Fund), for a net amount of $1,382,807,000, to remain
available until expended: Provided further, That the amounts
provided under this heading are to be subject to the
provisions of and allocated and expended as proposed under
``Title III--District of Columbia Funds'' of the Fiscal Year
2008 Proposed Budget and Financial Plan submitted to the
Congress of the United States by the District of Columbia on
June 7, 2007: Provided further, That this amount may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act approved December 24, 1973 (87 Stat.
777; D.C. Official Code, section 1-201.01 et seq.) as amended
by this Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as
are necessary to assure that the District of Columbia meets
these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made
available to the District during fiscal year 2008, except
that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2008''.

TITLE V

INDEPENDENT AGENCIES

Consumer Product Safety Commission

salaries and expenses

For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $500 for official
reception and representation expenses, $66,838,000.

Election Assistance Commission

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out the Help America Vote
Act of 2002, $15,467,000, of which $3,250,000 shall be
transferred to the National Institute of Standards and
Technology for election reform activities authorized under
the Help America Vote Act of 2002.

election reform programs

For necessary expenses to carry out programs under the Help
America Vote Act of 2002 (Public Law 107-252), $300,950,000:
Provided, That of the amount appropriated under this heading,
$300,000,000 shall be available for requirements payments
under section 257 of such Act, but only for States that file
a new State plan under section 253(b)(1) of such Act for
fiscal year 2008: Provided further, That of the amount
appropriated under this heading, $750,000 shall be available
for the Help America Vote College Program under title V of
such Act: Provided further, That of the amount appropriated
under this heading, $200,000 shall be available for the
National Student and Parent Mock Election under part 6 of
subtitle D of title II of such Act.

Federal Communications Commission

salaries and expenses

(including transfer of funds)

For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$313,000,000: Provided, That offsetting collections shall be
assessed and collected pursuant to section 9 of title I of
the Communications Act of 1934, of which $312,000,000 shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2008 so as to result in a final fiscal year 2008
appropriation estimated at $1,000,000: Provided further, That
any offsetting collections received in excess of $312,000,000
in fiscal year 2008 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2007, shall not be available for obligation:
Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $85,000,000 for fiscal year 2008: Provided
further, That in addition, not to exceed $20,980,000 may be
transferred from the Universal Service Fund in fiscal year
2008, to remain available until expended, to monitor the
Universal Service Fund program to prevent and remedy waste,
fraud and abuse, and to conduct audits and investigations by
the Office of Inspector General.

Federal Deposit Insurance Corporation

office of inspector general

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

Federal Election Commission

salaries and expenses

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

Federal Labor Relations Authority

salaries and expenses

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

Federal Trade Commission

salaries and expenses

For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$247,489,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons

[[Page H7307]]

for collection services in accordance with the terms of 31
U.S.C. 3718: Provided further, That, notwithstanding any
other provision of law, not to exceed $139,000,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a),
regardless of the year of collection, shall be retained and
used for necessary expenses in this appropriation: Provided
further, That, notwithstanding any other provision of law,
not to exceed $20,000,000 in offsetting collections derived
from fees sufficient to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101
et seq.), shall be credited to this account, and be retained
and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2008, so as to result in a
final fiscal year 2008 appropriation from the general fund
estimated at not more than $88,489,000: Provided further,
That none of the funds made available to the Federal Trade
Commission may be used to implement subsection (e)(2)(B) of
section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).

General Services Administration

Real Property Activities

federal buildings fund

limitation on availability of revenue

For an additional amount to be deposited in the Federal
Buildings Fund, $88,144,000. Amounts in the fund, including
the revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management
and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment,
allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving;
repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding
of sites; maintenance, preservation, demolition, and
equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition
of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning
and design of projects by contract or otherwise; construction
of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations
for public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,834,612,000,
of which: (1) $524,540,000 shall remain available until
expended for construction (including funds for sites and
expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
Arizona:
San Luis, Land Port of Entry I, $7,053,000.
California:
San Ysidro, Land Port of Entry, $37,742,000.
District of Columbia:
DHS Consolidation and development of St. Elizabeths campus,
$275,133,000.
St. Elizabeths West Campus Infrastructure, $20,572,000.
St. Elizabeths West Campus Site Acquisition, $7,000,000.
Maine:
Madawaska, Land Port of Entry, $17,160,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $57,749,000.
Minnesota:
Warroad, Land Port of Entry, $43,628,000.
New York:
Alexandria Bay, Land Port of Entry, $11,676,000.
Texas:
El Paso, Tronillo-Guadalupe Land Port of Entry, $4,290,000.
Vermont:
Derby Line, Land Port of Entry, $33,139,000.
Nonprospectus Construction, $9,398,000:
Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to
exceed 10 percent of the amounts included in an approved
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount:
Provided further, That all funds for direct construction
projects shall expire on September 30, 2009, and remain in
the Federal Buildings Fund except for funds for projects as
to which funds for design or other funds have been obligated
in whole or in part prior to such date; (2) $733,267,000
shall remain available until expended for repairs and
alterations, which includes associated design and
construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, Phase III,
$172,279,000.
Joint Operations Center, $12,800,000.
Nebraska Avenue Complex, $27,673,000.
Nevada:
Reno, C. Clifton Young Federal Building and Courthouse,
$12,793,000.
New York:
New York, Thurgood Marshall United States Courthouse,
$170,544,000.
West Virginia:
Martinsburg, Internal Revenue Service Enterprise Computing
Center, $35,822,000.
Special Emphasis Programs:
Energy Program, $15,000,000.
Design Program, $7,372,000.
Basic Repairs and Alterations, $278,984,000:
Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from
the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used
to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2009, and
remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have
been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects; (3) $155,781,000
for installment acquisition payments including payments on
purchase contracts which shall remain available until
expended; (4) $4,315,534,000 for rental of space which shall
remain available until expended; and (5) $2,105,490,000 for
building operations which shall remain available until
expended: Provided further, That funds available to the
General Services Administration shall not be available for
expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by
the Public Buildings Act of 1959, as amended, has not been
approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary
to provide reimbursable special services to other agencies
under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
592(b)(2)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2008, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
592(b)(2)) in excess of the aggregate new obligational
authority authorized for Real Property Activities of the
Federal Buildings Fund in this Act shall remain in the Fund
and shall not be available for expenditure except as
authorized in appropriations Acts.

general activities

policy and operations

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; 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; the Civilian Board of
Contract Appeals; services as authorized by 5 U.S.C. 3109;
and not to exceed $7,500 for official reception and
representation expenses; $142,945,000, of which $44,984,000
is for the Office of Government-Wide Policy: Provided, That
any change in the amount specified herein for the Office of
Government-Wide Policy may only be made 15 days following
approval of the Committees on Appropriations.

Amendment No. 4 Offered by Mr. Cardoza

Mr. CARDOZA. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.

[[Page H7308]]

The text of the amendment is as follows:

Amendment No. 4 offered by Mr. Cardoza:
Page 65, line 17, insert after the first dollar amount
``(reduced by $14,295,000)''.

Mr. REGULA. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House of today, the gentleman from
California (Mr. Cardoza) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. CARDOZA. Mr. Chairman, I ask to withdraw the amendment that I
just brought forward.
The CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.

Amendment Offered by Mr. Cardoza

Mr. CARDOZA. 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. Cardoza:
Page 65, line 17, insert after the first dollar amount
``(reduced by $8,000,000)''.
Page 65, line 25, insert after the first dollar amount
``(increased by $6,000,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from California (Mr. Cardoza) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. CARDOZA. Mr. Chairman, shortly into my tenure as a Member of
Congress in 2003 the General Services Administration, the GSA, notified
me that my office space at the Bell Station in Merced, California,
which I shared with the post office and the IRS would no longer be
available for lease.
My office was in an historic building, and, most importantly, I was
conveniently located downtown for my constituents. Despite my vigorous
protests, I was literally kicked out of the Federal building.
If that wasn't enough of a slap in the face to my constituents and
myself, 2 years later the GSA declared the Bell Station post office to
be surplus property. The GSA closed the post office with no rhyme or
reason and started to dispose of it, with no community input and no
plan to replace our post office.
The GSA's handling of this situation was deplorable. The GSA turned a
deaf ear to my constituents and ignored the needs of a local community.
In my 4\1/2\ years in Congress, nothing has elicited as many phone
calls and letters and editorials to my local paper than the GSA's
handling of post office closure in my hometown.
The GSA's blatant disregard for a community's needs hasn't only
occurred in my district. This has been repeated with reckless abandon
in districts across the country.
Make no mistake about it. This can happen to any Member of this
Congress, and every community across America is at risk.
Three local entities in my home county attempted to obtain a historic
building from GSA for public benefit use.
However, in the blink of an eye, and without advance notice to the
applicants, the GSA reversed course. The GSA indicated it would put the
building out for public auction and sell it to the highest bidder.
I have confirmed with the GSA experts that the GSA's activities are
not only inconsistent with its mission, but are also well outside
proper protocol.
I have made countless efforts to work with the GSA to rectify this
situation in my district so that local communities can obtain the
building. My repeated requests have been ignored. The GSA even refused
to respond to a simple letter I wrote until I submitted amendments to
this bill that would cut the GSA budget by 10 percent.
After panic set in at GSA, GSA sent a useless response that doesn't
address a single one of my concerns, and leaves just enough wiggle room
to back out of any promise of working with the original applicants. The
GSA then delivered to a letter to other Capitol Hill offices, not to my
own. When I was told that GSA representatives were in the Cannon
Building today, they didn't even have the common courtesy to speak to
me or my staff.
Mr. Chairman, this reeks of mismanagement. It shows a lack of
oversight and accountability at GSA.
My amendment is very simple. It provides an additional $6 million to
GSA's Office of the Inspector General. It is paid for by cutting the
GSA's policy and operations account, including the Office of the
Administrator and the Office of Congressional and Intergovernmental
Affairs.

{time} 2215

The Inspector General will ensure that the agency is operating in the
best interest of taxpayers and is not beholden to the political process
or to special interests.
It is absolutely critical that the Inspector General's office has the
tools and resources it needs to hold the agency accountable for its
actions. And it is critical that we, as Members of Congress, ensure
that government is meeting the needs of our communities.
I strongly urge my colleagues to support the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. REGULA. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Ohio is recognized for 5 minutes.
Mr. REGULA. Mr. Chairman, I agree with the gentleman that the Office
of Inspector General at the GSA needs adequate funds to operate. But,
Chairman Serrano's mark provided a level of funds that is both
responsible and sufficient for the OIG.
In the fiscal year 2007 continuing resolution, the Congress provided
$6 million in additional funds to the OIG. They were not able to spend
these funds in the fiscal year, and have asked for the authority to
assess them in fiscal year 2008. This authority has been granted by the
committee.
Chairman Serrano has made funding the Office of Inspector General and
the other oversight offices one of his highest priorities in this bill.
I commend him for his work, and oppose this attempt to change the
committee mark.
I question the ability of the OIG to spend these additional funds
this year, and I reiterate the fact that this was taken care of in the
previous legislation. Therefore, I urge the defeat of this amendment.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. SERRANO. Mr. Chairman, I understand that the gentleman from
California (Mr. Cardoza) will agree to not offer his other amendment,
which would call for deeper cuts to the account, if this one is agreed
to.
I yield to the gentleman from California.
Mr. CARDOZA. The gentleman from New York is correct. I will be happy
to withdraw my other amendment if, in fact, we adopt this amendment
that is more acceptable to the committee.
Mr. SERRANO. In that case, Mr. Chairman, I have no objection to this
amendment.
I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment as offered by the
gentleman from California (Mr. Cardoza).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. PRICE of Georgia. 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 California will be
postponed.
The Clerk will read.
The Clerk read as follows:

office of inspector general

For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $47,382,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.

electronic government fund

(including transfer of funds)

For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods, $2,970,000, 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,

[[Page H7309]]

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 (3 U.S.C. 102 note), and Public Law 95-138, $2,500,000:
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,
$15,798,000, 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 2008 in excess of such amount shall remain in the Fund
and shall not be available for expenditure except as
authorized in appropriations Acts.

administrative provisions--general services administration

(including transfers of funds)

Sec. 501. 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. 502. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 503. Funds in the Federal Buildings Fund made
available for fiscal year 2008 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 504. Except as otherwise provided in this title, no
funds made available by this Act shall be used to transmit a
fiscal year 2009 request for United States Courthouse
construction that: (1) does not meet the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
and (2) does not reflect the priorities of the Judicial
Conference of the United States as set out in its approved 5-
year construction plan: Provided, That the fiscal year 2009
request must be accompanied by a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 505. 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. 506. 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.

Merit Systems Protection Board

salaries and expenses

(including transfer of funds)

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

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

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

(including transfer of funds)

For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act
of 1992 (20 U.S.C. 5601 et seq.), $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, $315,000,000: 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, $58,028,000, of which
$38,315,000 shall remain available until September 30, 2009:
Provided, That none of the multiyear funds may be obligated
until the National Archives and Records Administration
submits to the Committees on Appropriations, and such
Committees approve, a plan for expenditure that: (1) meets
the capital planning and investment control review
requirements established by the Office of Management and
Budget, including Circular A-11; (2) complies with the
National Archives and Records Administration's enterprise
architecture; (3) conforms with the National Archives and
Records Administration's enterprise life cycle methodology;
(4) is approved by the National Archives and Records
Administration and the Office of Management and Budget; (5)
has been reviewed by the Government Accountability Office;
and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.

repairs and restoration

For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$16,095,000, 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 as authorized by 44
U.S.C. 2504, $10,000,000, 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 2008, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2008 shall not exceed $329,000.

Community Development Credit Union Revolving Loan Fund

For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000
shall be available until September 30, 2009 for technical
assistance to low-income designated credit unions.

Office of Government Ethics

salaries and expenses

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

Office of Personnel Management

salaries and expenses

(including transfer of trust funds)

For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500

[[Page H7310]]

for official reception and representation expenses; advances
for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation
for expenses incurred under Executive Order No. 10422 of
January 9, 1953, as amended; and payment of per diem and/or
subsistence allowances to employees where Voting Rights Act
activities require an employee to remain overnight at his or
her post of duty, $101,765,000, of which $5,991,000 shall
remain available until expended for the Enterprise Human
Resources Integration project; $1,351,000 shall remain
available until expended for the Human Resources Line of
Business project; $340,000 shall remain available until
expended for the E-Payroll project; and $170,000 shall remain
available until expended for the E-Training program; and in
addition, $123,401,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office of
Personnel Management without regard to other statutes,
including direct procurement of printed materials, for the
retirement and insurance programs, of which $26,465,000 shall
remain available until expended for the cost of automating
the retirement recordkeeping systems: Provided, That the
provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of
the Legal Examining Unit of the Office of Personnel
Management established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2008, accept
donations of money, property, and personal services: Provided
further, That such donations, including those from prior
years, may be used for the development of publicity materials
to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission.

Office of Inspector General

salaries and expenses

(including transfer of trust funds)

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $1,519,000, and in
addition, not to exceed $16,981,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.

Government Payment for Annuitants, Employees Health Benefits

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

Government Payment for Annuitants, Employee Life Insurance

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

Payment to Civil Service Retirement and Disability Fund

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

Office of Special Counsel

salaries and expenses

For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12), Public Law 107-304, and the Uniformed Services
Employment and Reemployment Act of 1994 (Public Law 103-353),
including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $16,368,000.

Securities and Exchange Commission

salaries and expenses

For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$908,442,000, to remain available until expended; of which
not to exceed $20,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted
by the Commission with foreign governmental and other
regulatory officials, members of their delegations,
appropriate representatives and staff to exchange views
concerning developments relating to securities matters,
development and implementation of cooperation agreements
concerning securities matters and provision of technical
assistance for the development of foreign securities markets,
such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff
and foreign invitees in attendance at such consultations and
meetings including: (1) such incidental expenses as meals
taken in the course of such attendance; (2) any travel and
transportation to or from such meetings; and (3) any other
related lodging or subsistence: Provided, That fees and
charges authorized by sections 6(b) of the Securities
Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and
31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e),
78n(g), and 78ee), shall be credited to this account as
offsetting collections: Provided further, That not to exceed
$867,045,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account: Provided further, That $41,397,000 shall be derived
from prior year unobligated balances from funds previously
appropriated to the Securities and Exchange Commission:
Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2008 shall
be reduced as such offsetting fees are received so as to
result in a final total fiscal year 2008 appropriation from
the general fund estimated at not more than $0.

Selective Service System

salaries and expenses

For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $22,000,000: Provided, That 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.

Amendment No. 8 Offered by Mr. DeFazio

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

Amendment No. 8 offered by Mr. DeFazio:
Page 80, line 23, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 81, line 10, after the dollar amount, insert
``(increased by $10,000,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Oregon (Mr. DeFazio) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. DeFAZIO. My amendment presents the Members with a very simple
choice: Do we want to continue to fund a government agency whose
mission is obsolete, and whose expertise the President, the Pentagon
and the House have all said will never be called upon, or do you want
to fund a program that has a presence in every State in the Union and
the territories, and helps small businesses, creates jobs and returns
$2.82 in Federal revenue for every dollar invested?
Seems a simple choice to me. Perhaps not, but we'll see when we get
to the vote.
Thirty years ago Jimmy Carter created and reactivated the Selective
Service System. Now, he said this was symbolic, to send a message to
the Soviet Union which had invaded Afghanistan. Well, today the United
States of America is in Afghanistan in pursuit of the Taliban and al
Qaeda and attempting to pacify that country. Surely that symbolism is
no longer needed.
No one, no one in this House, two people, in fact, the last time we
voted, said they wanted to reinstitute the draft. No one downtown at
the administration says they want to reinstitute the draft. No one at
the Pentagon says, under any scenario, that they envision reinstituting
the draft. They prefer the All-Volunteer Force.
So if we were to transfer $10 million from this obsolete, Cold War,
symbolic bureaucracy which has no function in today's society, in
today's world, and is not necessary for today's readiness, we could
create tens of thousands of jobs across America and assist small
businesses to begin to create even more jobs.
I believe it's a very simple choice: $10 million from Selective
Service, and add

[[Page H7311]]

$10 million to the SBDC. The Congressional Budget Office says it's
budget-neutral. There are 1,100 SBDC offices, all 50 States, DC.,
Puerto Rico, Guam, American Samoa and the U.S. Virgin Islands. They're
a collaborative effort. This is not a bureaucracy. This is not dumping
money into the maw of Washington, DC.
State, local governments, the private sector and education community
serve more than 1.3 million small businesses and aspiring entrepreneurs
a year. Every Federal dollar, as I said earlier, invested in Small
Business Development Corporations yields $2.82 in additional revenue to
the Treasury. A new business is opened by an SBDC in-depth client every
33 minutes in the United States of America. Our entrepreneurs need this
help.
Similarly, these clients create a new job every 7 minutes and
generate $100,000 in sales every 9 minutes. What a great return on a
Federal investment, to help American entrepreneurs put people to work
in this country and make us competitive in the international community.
In my home State of Oregon, the SBDC has created 3,300 new jobs,
generated new wages of more than $53 million. The SBDC has served more
than 6,000 small businesses in Oregon alone. Across the Nation those
numbers are obviously much larger.
The Association of Small Business Development Centers requested
funding of $110 million for SBDCs for fiscal year 2008. That would
essentially provide a catch-up for all the years in which their budget
was restrained or cut by the previous Congress and the administration.
That could create 110,000 new jobs, save an additional 110,000 jobs,
and make $11.7 billion in new sales, preserve $8.4 billion in existing
sales, and obtain $4.5 billion in financing to grow businesses, and
generate $310 million in new Federal revenues for economic growth.
This, I believe, is a great investment in America. We do not need to
continue dumping maw down the bureaucracy of the Selective Service
System. They've been incompetent since day 1. Commercial databases
could better provide the data we need if ever a draft were needed. And
even if a draft were needed, guess what? We have no training capacity,
so the people who were drafted would have to wait 6 months to a year in
any case.
So we don't need an active, on-the-edge Selective Service System in
this country for a draft that no longer exists and only two Members of
the previous Congress thought should exist.
I believe this is a commonsense amendment. Put Selective Service in
deep stand-by and help the Small Business Development Corporation live
up to its full potential creating jobs and economic potential for this
country.
I yield back the balance of my time.
The CHAIRMAN. Does the gentleman from New York seek time in
opposition?
Mr. SERRANO. Yes, I do.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. SERRANO. Mr. Chairman, I rise in opposition to this amendment.
Decreasing funding to the Selective Service by $10 million would
effectively shut down the agency, and we need to understand that.
Regardless of how you feel about this issue, the effect would be to
shut down the agency.
Now, everyone know that I'm no fan of this war. With my votes that's
been made clear. But we must recognize the value of the Selective
Service as an inexpensive insurance plan to back up our Active Duty and
Reserve Armed Forces. We have a war going on, and we have to have in
place many institutions, if you will, and programs that will, at any
moment's notice, respond to a congressional call for a draft or any
other involvement.
Now, there's also something that we need to understand here. The
gentleman wants to take $10 million and give it to the Small Business
Administration. I think it's important to note first that prior to full
committee markup, we had already increased the Small Business
Administration by $40 million. That was above the President's request.
In full markup we added another $80 million to the Small Business
Administration.

{time} 2230

So right now they are at $120 million above the President's request
and additional dollars that were brought to light during this whole
procedure.
So to send it over to small business is not only an interesting
statement because it is a way to get support for something that may be
unpopular like a draft, but the fact of life is that there probably
could have been another 20 agencies that one could have selected to
send money to if that was the point.
So I think that, number one, the Small Business Administration has
been taken care of very well in this bill. Number two, there is no need
and there should be no desire to cripple the Selective Service
Administration, and for that reason, I would hope that our colleagues
would vote against this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I appreciate the intent of this amendment, and in the
past I have often considered voting for it. But I have a far different
attitude now than I had in the past because of the Iraqi War.
The fact is that we have no sustained demonstrations in the streets
against Iraq, and, in my view, largely that is not occurring because we
have no draft. And we have no draft because the country has settled
into a comfortable acceptance of the idea that a precious few people,
namely those in the regular Armed Forces of the country and those in
the Guard and Reserves, should be the only people in our society who
are at risk in this stupid and fruitless war. And I just cannot abide
that.
I have said many times on this floor that I think it is outrageous
that there is no sense of shared sacrifice about this war. We ask our
Guard and Reserve personnel to return to Iraq and Afghanistan time and
time and time again. And yet of the rest of society we ask nothing
except to worry about Paris Hilton and to worry about who wins the
Super Bowl, and, oh, yes, if you are a millionaire, we are going to
spend $57 billion this year giving you a tax cut. That is really some
sense of shared sacrifice.
And so I just cannot bring myself to vote for this amendment, though
it might make sense on the numbers, because I think it would be a
symbolic act which would send to the country yet another signal that
the only people we expect to bear any burden for this stupid,
outrageous, lied-to-get-into war are those in the military. And I just
think that is wrong. I know that is not the gentleman's intent, but I
think that is the practical signal that we send.
So I cannot vote for this amendment. I did not even want to speak
against it, but this war bugs me a lot and the total lack of the
willingness of this society to face the inordinate costs which we are
laying on military families bugs me a whole lot more.
Mr. SERRANO. Mr. Chairman, I yield the balance of my time to the
gentleman from Ohio (Mr. Regula).
Mr. REGULA. Mr. Chairman, I just want to quote from former President
Clinton in a 1994 letter to Congress, where he said, and I agree:
``Maintaining the Selective Service provides a hedge against unforeseen
threats.''
And I also agree with the gentleman from Wisconsin that this is not
the time, and I certainly urge my colleagues to oppose this amendment.
The Acting CHAIRMAN (Mr. Altmire). The question is on the amendment
offered by the gentleman from Oregon (Mr. DeFazio).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. DeFAZIO. 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 Oregon will
be postponed.
The Clerk will read.
The Clerk read as follows:

Small Business Administration

salaries and expenses

For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
108-447, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$346,553,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan program
activities, including fees authorized by section 5(b) of the

[[Page H7312]]

Small Business Act: Provided further, That, notwithstanding
31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to remain available until
expended, to be available for carrying out these purposes
without further appropriations.

office of inspector general

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

surety bond guarantees revolving fund

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

business loans program account

(including transfers of funds)

For the cost of direct loans, $2,530,000, to remain
available until expended; and for the cost of guaranteed
loans, $80,000,000: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2008 commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958, shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2008 commitments
for general business loans authorized under section 7(a) of
the Small Business Act, shall not exceed $17,500,000,000:
Provided further, That during fiscal year 2008 commitments to
guarantee loans for debentures under section 303(b) of the
Small Business Investment Act of 1958, shall not exceed
$3,000,000,000: Provided further, That during fiscal year
2008, guarantees of trust certificates authorized by section
5(g) of the Small Business Act shall not exceed a principal
amount of $12,000,000,000.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $135,414,000, which may
be transferred to and merged with the appropriations for
Salaries and Expenses.

administrative provision--small business administration

(including transfer of funds)

Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 610 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.

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

United States Tax Court

salaries and expenses

For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $45,069,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.

TITLE VI

GENERAL PROVISIONS--THIS ACT

Sec. 601. Such sums as may be necessary for fiscal year
2008 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 602. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 603. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 604. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 605. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 606. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 607. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 608. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 609. No funds appropriated or otherwise made available
under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 610. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $1,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by
$1,000,000 or 10 percent, whichever is less; or (7)
reorganizes offices, programs, or activities 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 an operating plan to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 611. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2008 from appropriations
made available for salaries and expenses for fiscal year 2008
in this Act, shall remain available through September 30,
2009, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees
on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be
made in compliance with reprogramming guidelines.
Sec. 612. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 613. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.

[[Page H7313]]

Sec. 614. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 615. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 616. The provision of section 615 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 617. 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. 618. 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. 619. Notwithstanding section 10(b) of the Harry S
Truman Memorial Scholarship Act (20 U.S.C. 2009(b)),
hereafter, at the request of the Board of Trustees of the
Harry S Truman Scholarship Foundation, it shall be the duty
of the Secretary of the Treasury to invest in full the
amounts appropriated and contributed to the Harry S Truman
Memorial Scholarship Trust Fund, as provided in such section.
All requests of the Board of Trustees to the Secretary
provided for in this section shall be binding on the
Secretary.
Sec. 620. (a) In General.--None of the funds appropriated
or otherwise made available by this Act may be used for any
Federal Government contract with any foreign incorporated
entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.-- This section shall not apply to any
Federal Government contract entered into before the date of
the enactment of this Act, or to any task order issued
pursuant to such contract.
Sec. 621. For an additional amount under the heading
``Small Business Administration, Salaries and Expenses'',
$61,318,000, to remain available until September 30, 2009,
shall be for initiatives related to small business
development and entrepreneurship, including programmatic and
construction activities: Provided, That amounts made
available under this section shall be provided in accordance
with the terms and conditions specified in the statement of
managers accompanying this Act.

TITLE VII--GENERAL PROVISIONS GOVERNMENT-WIDE

Departments, Agencies, and Corporations

Sec. 701. Hereafter, funds appropriated in this or any
other Act may be used to pay travel to the United States for
the immediate family of employees serving abroad in cases of
death or life threatening illness of said employee.
Sec. 702. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2008 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 703. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $12,888
except station wagons for which the maximum shall be $13,312:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 704. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 705. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992 (Public Law 102-404):
Provided, That for the purpose of this section, an affidavit
signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect
to his or her status have been complied with: Provided
further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be
in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with
the United States in a current defense effort, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed
60 days) as a result of emergencies.
Sec. 706. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 707. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted
prior to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 708. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 709. Hereafter, no part of any appropriation contained
in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been

[[Page H7314]]

nominated after the Senate has voted not to approve the
nomination of said person.
Sec. 710. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 711. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 712. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2008, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2008, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2008, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2008 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2008 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2007, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2007,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2007.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
Sec. 713. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on
Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled
by the individual.
Sec. 714. Notwithstanding section 1346 of title 31, United
States Code, or section 710 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
Sec. 715. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department
of Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 716. Hereafter, no department, agency, or
instrumentality of the United States receiving appropriated
funds under this or any other Act shall obligate or expend
any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964
(Public Law 88-352, 78 Stat. 241), the Age Discrimination in
Employment Act of 1967 (Public Law 90-202, 81 Stat. 602), and
the Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat.
355).
Sec. 717. No part of any appropriation contained in this or
any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 718. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 719. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title

[[Page H7315]]

10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive order and listed
statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding
paragraph, a nondisclosure policy form or agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
Sec. 720. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 721. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 722. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations.
Sec. 723. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including
by private contractor, for publicity or propaganda purposes
within the United States not heretofor authorized by the
Congress.
Sec. 724. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under section 105
of title 5, United States Code;
(2) includes a military department, as defined under
section 102 of such title, the Postal Service, and the Postal
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. 725. Notwithstanding 31 U.S.C. 1346 and section 710 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share
of FASAB administrative costs.
Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Policy and Operations'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide financial, information technology,
procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of
Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, and the Chief Acquisition Officers Council for
procurement initiatives): Provided further, the total funds
transferred or reimbursed shall not exceed $10,000,000:
Provided further, such transfers or reimbursements may only
be made after 15 days following notification of the
Committees on Appropriations by the Director of the Office of
Management and Budget.
Sec. 727. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 728. Nothwithstanding section 1346 of title 31, United
States Code, or section 710 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 729. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds, the Catalog of
Federal Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this provision shall apply to
direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 730. Subsection (f) of section 403 of Public Law 103-
356 (31 U.S.C. 501 note) is repealed.
Sec. 731. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 732. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 733. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official
anti-doping agency for Olympic, Pan American, and Paralympic
sport in the United States.
Sec. 734. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 735. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or
enforce restrictions or limitations

[[Page H7316]]

on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part
300 of title 5 of the Code of Federal Regulations, published
in the Federal Register, volume 68, number 174, on September
9, 2003 (relating to the detail of executive branch employees
to the legislative branch).
Sec. 736. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 737. (a) 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 of 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. 738. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be
available to convert to contractor performance an activity or
function of an executive agency that, on or after the date of
enactment of this Act, is performed by more than 10 Federal
employees unless--
(A) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(B) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the executive agency by an amount that
equals or exceeds the lesser of--
(i) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(ii) $10,000,000; and
(C) the contractor does not receive an advantage for a
proposal that would reduce costs for the Federal Government
by--
(i) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
(ii) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Federal Government for health benefits
for civilian employees under chapter 89 of title 5, United
States Code; or
(iii) offering to such workers a retirement benefit that in
any year costs less than the annual retirement cost factor
applicable to Federal employees under chapter 84 of title 5,
United States Code.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that--
(i) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
(ii) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act;
(D) depot contracts or contracts for depot maintenance as
provided in sections 2469 and 2474 of title 10, United States
Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the date of
enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office
of Management and Budget Circular A-76 shall prevent the head
of an executive agency from conducting a public-private
competition to evaluate the benefits of converting work from
contract performance to performance by Federal employees in
appropriate instances. The Circular shall provide procedures
and policies for these competitions that are similar to those
applied to competitions that may result in the conversion of
work from performance by Federal employees to performance by
a contractor.
(c) Bid Protests by Federal Employees in Actions Under
Office of Management and Budget Circular A-76.--
(1) Eligibility to protest.--
(A) Section 3551(2) of title 31, United States Code, is
amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation or other
request for offers described in paragraph (1), means an
actual or prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract or by
failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular A-76
regarding performance of an activity or function of a Federal
agency, or a decision to convert a function performed by
Federal employees to private sector performance without a
competition under OMB Circular A-76, includes--
``(i) any official who submitted the agency tender in such
competition; and
``(ii) any one person who, for the purpose of representing
them in a protest under this subchapter that relates to such
competition, has been designated as their agent by a majority
of the employees of such Federal agency who are engaged in
the performance of such activity or function.''.
(B)(i) Subchapter V of chapter 35 of such title is amended
by adding at the end the following new section:

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

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

``3557. Expedited action in protests for public-private
competitions.''.
(2) Right to intervene in civil action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If a private sector interested party commences an
action described in paragraph (1) in the case of a public-
private competition conducted under Office of Management and
Budget Circular A-76 regarding performance of an activity or
function of a Federal agency, or a decision to convert a
function performed by Federal employees to private sector
performance without a competition under Office of Management
and Budget Circular A-76, then an official or person
described in section 3551(2)(B) of title 31 shall be entitled
to intervene in that action.''.
(3) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by paragraph (1)), and
paragraph (5) of section 1491(b) of title 28, United States
Code (as added by paragraph (2)), shall apply to--
(A) protests and civil actions that challenge final
selections of sources of performance of an activity or
function of a Federal agency that are made pursuant to
studies initiated under Office of Management and Budget
Circular A-76 on or after January 1, 2004; and
(B) any other protests and civil actions that relate to
public-private competitions initiated under Office of
Management and Budget Circular A-76, or a decision to convert
a function performed by Federal employees to private sector
performance without a competition under Office of Management
and Budget Circular A-76, on or after the date of the
enactment of this Act.
(d) Limitation.--(1) None of the funds available in this
Act may be used--
(A) by the Office of Management and Budget to direct or
require another agency to take an action specified in
paragraph (2); or
(B) by an agency to take an action specified in paragraph
(2) as a result of direction or requirement from the Office
of Management and Budget.
(2) An action specified in this paragraph is the
preparation for, undertaking, continuation of, or completion
of a public-private competition or direct conversion under
Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
(e) Applicability.--This section shall apply with respect
to fiscal year 2008 and each succeeding fiscal year.

{time} 2245

Amendment No. 15 Offered by Mr. Price of Georgia

Mr. PRICE of Georgia. Mr. Chairman, I offer an amendment as the
designee for the gentleman from Texas (Mr. Sessions).
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 15 offered by Mr. Price of Georgia:
Strike section 738 (page 117, line 9, through page 124,
line 13) and redesignate the succeeding provisions
accordingly.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Georgia (Mr. Price) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Georgia.

[[Page H7317]]

Mr. PRICE of Georgia. Mr. Chairman, the gentleman from Texas is
unable to be here this evening, although this is, indeed, his
amendment. I would ask unanimous consent that it be identified as such
for all proceedings of the House.
The Acting CHAIRMAN. The Chair cannot entertain the gentleman's
request.
Mr. PRICE of Georgia. Mr. Speaker, this amendment would strike
section 738 of this legislation, which, as drafted, would have the same
effect as language already included in a number of the Democrat
majority's other appropriations bills, preventing funds from being
spent to conduct public/private competitions.
While this policy may be good for increasing dues payments to public-
sector union bosses, it is unquestionably bad for taxpayers and for
Federal agencies because agencies are left with less money to spend on
their core mission when Congress takes the opportunity to save money
through competition away from them.
In 2006, Federal agencies ``competed'' only 1.7 percent of their
commercial workforce, which makes up less than one-half of 1 percent of
the entire civil workforce. This very small use of competition for
services is expected to generate savings of $1.3 billion over the next
10 years. Competitions completed since 2003 are expected to produce
almost $7 billion in savings for taxpayers over the next 10 years. This
means that taxpayers will receive a return of about $31 for every
dollar spent on competition, with annualized expected savings of more
than $1 billion.
But the particular language included in this bill is even worse. The
underlying language goes further than past Democrat efforts to gut
public/private competition by unnecessarily delaying and complicating
how the most efficient delivery of commercial activities is determined.
This newest attempt to stack the deck against competition for services
that can easily be found in the Yellow Pages also creates uneven and
duplicative protest rights and intrusive new data requirements, while
ignoring the consideration of quality in determining the best source of
commercial services for the taxpayer.
In short, Mr. Chairman, by allowing this language to remain in the
underlying legislation, approximately $200 million in expected annual
savings from planned competitions will be placed at risk.
Additionally, by removing quality from the list of factors in
determining who wins a competition, this bill would double costs in
many competitions. In this time of stretched budgets and bloated
Federal spending, Congress should be looking to use all of the tools it
can to find taxpayer savings and reduce the cost of services that are
already being provided by thousands of hardworking private companies
nationwide.
At this point I will insert into the Record a letter of support for
this amendment from the Fair Competition Coalition. A portion of that
letter reads, This provision will discourage many private-sector firms
from participating in the competitive sourcing contracting process.
Section 738 would penalize private-sector bidders that offer health
insurance benefits to their employees. The Office of Management and
Budget reports that the competition under the A-76 process creates an
average savings of 15 to 20 percent for the American taxpayer.

The Fair Competition Coalition,
June 27, 2007.
Dear Representative: As you continue consideration of the
FY 2008 appropriations bills, I would like to bring to your
attention some anticompetitive language that was included in
Section 738 of the FY 2008 Financial Services and General
Government Appropriations Act. This provision will discourage
many private sector firms from participating in the
competitive sourcing contracting process, which is being held
at most Federal agencies. The members of the Fair Competition
Coalition ask that you support an amendment offered by
Representative Pete Sessions (R-TX) which would strike the
Section 738 language from the bill.
Section 738 would penalize private sector bidders that
offer health insurance benefits to their employees. In an
unprecedented intrusion into the competitive process, this
provision singles out one benefit element, and ignores the
reality of the total compensation packages commonly offered
in the private sector. These compensation packages typically
include a wide range of health, matching retirement, bonus/
incentive, professional and personal development, and other
benefits. It also undermines and ignores unique and
innovative health benefits plans, particularly those that are
provided by the small business community.
Section 738 also would allow employees of the Federal
government to protest the award to the private sector.
Congress and the Executive Branch have properly excluded
Federal employees from challenging agency management
decisions in Federal court. Beyond the constitutional
questions of whether such action creates the required ``case
or controversy,'' the President has properly asserted his
responsibility to supervise the ``unitary'' executive branch
and opposed establishing ``interested party'' status for
these decisions.
Already many companies are not pursuing A-76 competitions,
and the language in Section 738 will drive companies further
away from the process. The Office of Management and Budget
reports that the competition under the current A-76 process
creates an average savings of 15% to 20% for the American
taxpayer. The proven benefits of competitive sourcing are too
high to place arbitrary restrictions on the program. We urge
you to support effectiveness and efficiency in Government by
voting YES to the Sessions amendment.
If you have any questions, please contact our Coalition
points of contact: Michele Kaplan of the Professional
Services Council or Kent Sholars of the Contract Services
Association.
Sincerely,
Aerospace Industries Association, American Congress on
Surveying and Mapping, Airport Consultants Council,
American Council of Independent Laboratories, American
Council of Engineering Companies, American Electronics
Association, American Institute of Architects,
Associated General Contractors of America, Business
Executives for National Security, Construction
Management Association of America, Contract Services
Association of America.
Design Professionals Coalition, Electronic Industries
Alliance, Information Technology Association of
America, Management Association for Private
Photogrammetric Surveyors, National Association of RV
Parks and Campgrounds, National Defense Industrial
Association, National Federation Of Independent
Business, Professional Services Council, Small Business
Legislative Council, Textile Rental Services
Association of America, The National Auctioneers
Association, United States Chamber of Commerce.

Mr. Chairman, I urge all of my colleagues to follow the advice of
that letter and support this commonsense taxpayer-first amendment to
oppose the underlying provision to benefit public-sector union bosses
by keeping cost-saving competition available to the government.
Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. SERRANO. Mr. Chairman, the provisions of this bill ensure that
when Federal employees compete with private contractors, it will be
done on a level playing field.
The administration's push to contract out Federal employees' jobs is
part of a massive push towards private contracting by this
administration. Federal contracts rose from 207 billion in 2000 to
roughly 400 billion in 2006.
The New York Times reported in February that the increase in
contracting is driven by a philosophy that encourages outsourcing
almost everything government does. I may add that the day is not far
off when they will try to outsource the Congress.
The administration claims that it wants a smaller government, yet it
has promoted a hidden workforce of private-sector contractors and
grantees who get rich off the government, but are not accountable. The
number of contractors increased by 2.5 million since 2002, which is 98
percent higher than the slight increase in the Civil Service workforce.
Congress has raised serious questions regarding the cost-
effectiveness in this level of contracting and of outsourcing many
Federal employees' functions. In many cases we see government employees
working side by side with contractors with the same responsibilities,
yet their compensation, benefits, protections and accountability are
much different. These are serious issues.
This amendment would strike the modest improvements in the
competitive sourcing language that has been carried on appropriations
bills for several years. These improvements would help protect the
rights of Federal employees.
And let me just comment on the fact that this amendment not only
takes out the language that was included in

[[Page H7318]]

this bill, but, in fact, takes a full step backward and undoes that
which we have done in past bills, even during the time that the
Republicans were in control of the House.
What we do here is ensure that a contractor does not receive a cost
advantage by not offering a health plan, or offering an inferior health
plan or retirement plan to its employees, assuring appeals rights for
Federal employees in cases of privatization decisions that adversely
affect them just as contractors currently have appeal rights, and
ensuring that OMB doesn't direct or request agencies to conduct
competitions if they otherwise would choose not to.
This is really just an unnecessary amendment. It is directed at
destroying the last bit of opportunity the Federal employees have for
full protection. That has to be made clear. There is no need for this
amendment other than to try to outsource everything and destroy the
Federal workforce.
We all have great respect for our Federal employees. Throughout the
history of this Congress and in recent years, we've worked in a
bipartisan fashion to reduce spending here and there, but this just
goes at the heart of this assault that this administration has on
Federal employees. And for that reason, and so many others, I urge a
strong ``no'' vote on this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. PRICE of Georgia. Mr. Chairman, I respect the gentleman's
comments.
I, too, have respect, as well we all do, for all Federal employees.
But this is serious business. Spending the taxpayers' money is serious
business. And outsourcing does one thing, private contracting does one
thing: It provides for an opportunity to save hard-earned taxpayer
money.
The majority says that they oppose and fight adamantly as they oppose
no-bid contracts. So how can be it be consistent to oppose a
competitive contracting process that allows private firms the
opportunity to have outsource contracts?
This is a commonsense amendment. I offer it on behalf of the
gentleman from Texas (Mr. Sessions).
I urge my colleagues to support this commonsense, fiscally
responsible amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. OBEY. Mr. Chairman, I simply want to congratulate the gentleman
for at least being willing to stay here and debate the amendment
tonight. It's more than I can say for a whole lot of other people, and
I respect him for that. Let me say, however, that I don't have quite as
much high regard for his amendment.
Mr. PRICE of Georgia. Will the gentleman yield? It is Mr. Sessions'
amendment.
Mr. OBEY. Well, whoever. I have minimum high regard for it, let me
put it that way.
Mr. Chairman, I think we need to fully understand what is afoot with
respect to contracting.
I want to cite some other facts, because there is an inexorable and
stealthy effort to put much of the activities of government in the
hands of contractors rather than in the hands of public servants. And
more and more of that contracting is being provided in a noncompetitive
manner. That also applies to many, many grants being provided by the
executive branch.
For example, the Congressional Research Service documented an
unusually large number of sole-source grants issued by the Employment
and Training Administration within the Department of Labor, which
resulted in 90 percent of discretionary funds for the High Growth Job
Training Initiative being awarded on a noncompetitive basis over a 5-
year period. It isn't just Halliburton and Blackwater who are getting
lots of taxpayers' dollars in a noncompetitive fashion.

{time} 2300

The administration's use of contracting has increased significantly
in the past 5 years. For example, the Department of Health and Social
Services' contract obligations have nearly doubled from $5 billion in
fiscal year 2001 to $8.7 billion in fiscal year 2006. The number of
contract employees at the Department of Health and Social Services
exceeds 32,000, about half the number of Civil Service employees. A
significant share of those contracts were awarded on a noncompetitive
basis.
In fiscal year 2006 alone, Health awarded nearly 21,000 contracts
worth more than $1.9 billion with less than full and open competition.
That is four times the total amount of congressionally directed
earmarks that are expected to eventually be included in the Labor,
Health, Education appropriation bill.
I won't even bother to get into what has been happening at the
Education Department where local school districts have virtually been
blackmailed into accepting contracts with book publishers preferred by
the administration or else they are frozen out of the program entirely.
So I would simply say I think the gentleman's amendment is ill-
advised, and when the time comes late tomorrow evening, I would hope
that we will have a ``no'' vote on the 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 Georgia (Mr. Price).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. PRICE of Georgia. 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 Georgia will
be postponed.
The Clerk will read.
The Clerk read as follows:

Sec. 739. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2008 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.5 percent, and
this adjustment shall apply to civilian employees in the
Department of Homeland Security and shall apply to civilian
employees in the Department of Defense who are represented by
a labor organization as defined in 5 U.S.C. 7103(a)(4), and
such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January
1, 2008. Civilian employees in the Department of Defense who
are eligible to be represented by a labor organization as
defined in 5 U.S.C. 7103(a)(4), but are not so represented,
will receive the adjustment provided for in this section
unless the positions are entitled to a pay adjustment under 5
U.S.C. 9902.
(b) Notwithstanding section 712 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take
place in fiscal year 2008 under sections 5344 and 5348 of
title 5, United States Code, shall be no less than the
percentage in paragraph (a) as employees in the same location
whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5,
United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303 and 5304 of title 5 and prevailing rate
employees described in section 5343(a)(5) of title 5 shall be
considered to be located in the pay locality designated as
``Rest of US'' pursuant to section 5304 of title 5 for
purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department
or agency for salaries and expenses for fiscal year 2008.
Sec. 740. 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. 741. 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. 742. Each executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card. Such
evaluations for individually-billed travel charge cards shall
include an assessment of the individual's consumer report
from a consumer reporting agency as those terms are defined
in section 603 of the Fair Credit Reporting Act (Public Law
91-508): Provided, That section 604(a)(3) of such Act shall
be amended by adding to the end the following:
``(G) executive departments and agencies in connection with
the issuance of government-sponsored individually-billed
travel charge cards.'':

Provided further, That the department or agency may not issue
a government travel charge card to an individual that either

[[Page H7319]]

lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided
further, That this restriction shall not preclude issuance of
a restricted-use charge, debit, or stored value card made in
accordance with agency procedures to: (1) an individual with
an unsatisfactory credit history where such card is used to
pay travel expenses and the agency determines there is no
suitable alternative payment mechanism available before
issuing the card; or (2) an individual who lacks a credit
history. Each executive department and agency shall establish
guidelines and procedures for disciplinary actions to be
taken against agency personnel for improper, fraudulent, or
abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for
purposes, and at establishments, that are inconsistent with
the official business of the Department or agency or with
applicable standards of conduct.
Sec. 743. Crosscut Budget.--
(a) Definitions.--For purposes of this section the
following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000
(42 U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes
watershed that seeks to improve the overall health of the
Great Lakes ecosystem.
(b) Report.--Not later than 30 days after submission of the
budget of the President to Congress, the Director of the
Office of Management and Budget, in coordination with the
Governor of each Great Lakes State and the Great Lakes
Interagency Task Force, shall submit to the appropriate
authorizing and appropriating committees of the Senate and
the House of Representatives a financial report, certified by
the Secretary of each agency that has budget authority for
Great Lakes restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any planned
interagency or intra-agency transfer, for each of the Federal
agencies that carries out Great Lakes restoration activities
in the upcoming fiscal year, separately reporting the amount
of funding to be provided under existing laws pertaining to
the Great Lakes ecosystem; and
(B) identifies all expenditures since fiscal year 2004 by
the Federal Government and State governments for Great Lakes
restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent
available, State agencies using Federal funds, for Great
Lakes restoration activities during the current and previous
fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with
the Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 744. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such titles IV or VIII.

TITLE VIII

GENERAL PROVISIONS--DISTRICT OF COLUMBIA

(including transfer of funds)

Sec. 801. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 802. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor, or, in the
case of the Council of the District of Columbia, funds may be
expended with the authorization of the Chairman of the
Council.
Sec. 803. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 804. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 805. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2008, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
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, 2008 and October 1, 2008, setting forth
detailed information regarding each such local funds
reprogramming conducted subject to this subsection.
(b) None of the local funds contained in this Act may be
available for obligation or expenditure for an agency through
a transfer of any local funds in excess of $3,000,000 from
one appropriation heading to another unless the Committees on
Appropriations of the House of Representatives and Senate are
provided summary reports on April 1, 2008 and October 1,
2008, setting forth detailed information regarding each
reprogramming conducted subject to this subsection, except
that in no event may the amount of any funds transferred
exceed 4 percent of the local funds in the appropriations.
(c) The District of Columbia Government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through September 30, 2008.
Sec. 806. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this
Act shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 807. (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. 808. No later than 30 days after the end of the first
quarter of fiscal year 2008, the Mayor of the District of
Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2008 revenue
estimates as of the end of such quarter. These estimates
shall be used in the budget request for fiscal year 2009. The
officially revised estimates at midyear shall be used for the
midyear report.
Sec. 809. (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)

[[Page H7320]]

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. 810. (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, 2008, an inventory, as of September
30, 2007, of all vehicles owned, leased or operated by the
District of Columbia government. The inventory shall include,
but not be limited to, the department to which the vehicle is
assigned; the year and make of the vehicle; the acquisition
date and cost; the general condition of the vehicle; annual
operating and maintenance costs; current mileage; and whether
the vehicle is allowed to be taken home by a District officer
or employee and if so, the officer or employee's title and
resident location.
Sec. 811. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Corporation
Counsel or any other officer or entity of the District
government to provide assistance for any petition drive or
civil action which seeks to require Congress to provide for
voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 812. None of the Federal funds contained in this Act
may be used for any program of distributing sterile needles
or syringes for the hypodermic injection of any illegal drug.
Sec. 813. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of
any chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's
agency as a result of this Act (and the amendments made by
this Act), including any duty to prepare a report requested
either in the Act or in any of the reports accompanying the
Act and the deadline by which each report must be submitted:
Provided, That the Chief Financial Officer of the District of
Columbia shall provide to the Committees on Appropriations of
the House of Representatives and Senate by April 1, 2008 and
October 1, 2008, a summary list showing each report, the due
date, and the date submitted to the Committees.
Sec. 814. 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. 815. 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; and
(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.
Sec. 816. (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 2008 that is in the total
amount of the approved appropriation and that realigns all
budgeted data for personal services and other-than-personal-
services, respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency where the
Chief Financial Officer of the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 817. (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. 818. 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 2007 unexpended general fund surplus.
The District may obligate and expend these amounts only in
accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of
each such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless the
Mayor notifies the Committees on Appropriations of the House
of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 819. (a) To account for an unanticipated growth of
revenue collections, the amount appropriated as District of
Columbia Funds pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year 2008 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in
such Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated to have
a negative impact on the long-term financial, fiscal, or
economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District
of Columbia in support of each such obligation and
expenditure, consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered
receivership.
(4) The amounts may not be obligated or expended unless the
Mayor has notified the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 820. The Chief Financial Officer for the District of
Columbia may, for the purpose of cash flow management,
conduct short-term borrowing from the emergency reserve fund
and from the contingency reserve fund established under
section 450A of the District of Columbia Home Rule Act
(Public Law 98-198): Provided, That the

[[Page H7321]]

amount borrowed shall not exceed 50 percent of the total
amount of funds contained in both the emergency and
contingency reserve funds at the time of borrowing: Provided
further, That the borrowing shall not deplete either fund by
more than 50 percent: Provided further, That 100 percent of
the funds borrowed shall be replenished within 9 months of
the time of the borrowing or by the end of the fiscal year,
whichever occurs earlier: Provided further, That in the event
that short-term borrowing has been conducted and the
emergency or the contingency funds are later depleted below
50 percent as a result of an emergency or contingency, an
amount equal to the amount necessary to restore reserve
levels to 50 percent of the total amount of funds contained
in both the emergency and contingency reserve fund must be
replenished from the amount borrowed within 60 days.
Sec. 821. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.)
or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 822. 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. 823. (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 2008 and each
succeeding fiscal year.
Sec. 824. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.

Mr. SERRANO (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 146, line 22, 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 New York?
There was no objection.

Amendment Offered by Mr. Tom Davis of Virginia

Mr. TOM DAVIS of Virginia. 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. Tom Davis of Virginia:
At the end of the bill add the following new section:

TITLE __

Sec. __. The amount otherwise provided for under Title IV
for the Federal Payment for Resident Tuition Support is
increased by $1,000,000 and the amount otherwise provided for
Salaries and Expenses of the Office of Special Counsel is
reduced by $1,000,000.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Virginia (Mr. Tom Davis) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Virginia.
Mr. TOM DAVIS of Virginia. Mr. Chairman, this is a very simple
amendment. I think it is a win-win. This amendment will reduce the
appropriation to the U.S. Office of Special Counsel by $1 million, but
it redirects those funds to a far more deserving entity, District of
Columbia students who wish to attend college, the D.C. College Access
Act.
I was the original author of this legislation in 1999. This
legislation essentially allows students in the District of Columbia to
attend out-of-state universities and pay in-state tuitions because the
District of Columbia does not have a state university system,
Since that time, what had once been a pipe dream for D.C. students,
because college was so unaffordable to them, paying for private
colleges and out-of-state universities, has become a reality and is
becoming part of the culture of the District. It has doubled the number
of students in the District of Columbia that are now able to go to
colleges. It has doubled that number. It is changing the culture. It is
changing the aspirations of these students.
This amendment, the $1 million that is added here, will allow an
additional 200 District of Columbia students to take advantage of this
program and go on to higher education. There will be no waiting lists.
There will be no backups. They won't have to wait to see if the money
is there. It will be there for them.
If you want to change the culture of the city, we start with the
education system. Mayor Fenty has started with a new system trying to
revamp the public school system. But it doesn't do these students any
good if they can't, at the same time, go on to higher education.
The other thing this has done is it has kept people in the District
of Columbia. Instead of having to move to Virginia or Maryland to
attend universities, they can now live in the District and afford to
send their kids on to college. Aspiring students who come from, in many
cases, single-parent or no-parent homes, can now work their way through
colleges, community colleges and other state universities in the
region, and be able to commute back and forth. This has been a win-win
situation.
Now, we take this money from the Office of the Special Counsel. This
office was increased by about $800,000 this year over last year's
appropriations. We are bringing them basically to the level of
appropriation they had last year.
It is a troubled office. In February, Tom Devine of the Government
Accountability Project testified before our committee that the Office
of Special Counsel has become a caricature and an object of contempt
among the constituencies it supposedly services. It illegally gags its
own employees, engages in ugly retaliation against its staff and is
engaging in heavy-handed obstruction of justice tactics to intimidate
its own employees from testifying in ongoing investigations of its
activities.
In April, Melanie Sloan, Executive Director of Citizens For
Responsibility and Ethics in Washington, or CREW, said, ``Having
transformed OSC into a virtual black hole for legitimate complaints of
retaliation, Bloch is decidedly not the right person to tackle issues
of misconduct and illegality.''
More recently, we witnessed a Special Counsel who is trying to
rehabilitate himself. But Beth Daley, the Director of the Project on
Government Oversight, was quoted last month as saying, ``It is hard to
believe the Office of Special Counsel will be able to conduct a
thorough investigation into the White House while the Special Counsel
is under investigation himself.''
So I think this office can go back to the basic appropriation it had
last year. This money can be better spent invested in the students of
the District of Columbia as they aspire for higher education.
Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. SERRANO. Mr. Chairman, I have the utmost respect for the
gentleman. He knows how much I respect his desire to improve every bit
of the educational programs in D.C., but there are a couple of things
we need to know.
First of all, this program is funded at $35.1 million. Interestingly
enough, when we approached the D.C. government about this program, we
asked what amount they wanted, and this was exactly the amount which
was the President's request. They told us that they did not want or
need any more. So it is funded at the President's request.
The big problem with this, and what I want to speak about, is the
message that this cut sends to the public and to those folks who like
to spend a lot of time attacking Members of Congress on both sides. The
Special Counsel's Office is involved at this very moment in some very
sensitive and high-profile investigations having to do with whistle-
blower issues, having to do with the Hatch Act and having to do with so
many other issues that we have read about and talked about for a while.
If you are talking about a bipartisan way of inviting attacks on
Congress and criticism of Congress, this is probably the best way to
accomplish that. Because for $1 million to a program that is funded at
the full presidential

[[Page H7322]]

request, a program where the District of Columbia has said they didn't
want any more money, for that $1 million, to give the impression they
were somehow trying to put a damper on the investigations taking place
is just the wrong message. For that alone, we should oppose it on both
sides of the aisle.
In fact, I would hope, after listening to what I know the gentleman
has maybe already paid attention to in the past in putting together
this amendment, that he would actually consider withdrawing the
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. TOM DAVIS of Virginia. Let me just say, first of all, it is the
President's requested number, but the District can use this money
because of the students that are still waiting in line to make sure
that they have a place and there is no waiting list.
Let me just add this. You are defending the Office of Special
Counsel. The Special Counsel, just weeks after he came into office,
removed any reference to discrimination on the basis of sexual
orientation from the OSC Web site. He then testified before the Senate
that he did not believe current law protects Federal employees from
discrimination on the basis of sexual orientation, an assertion that
flies in the face of decades of precedent and defies an Executive Order
by President Bush.
Today, the Special Counsel is under investigation by the President's
Council For Integrity and Efficiency and the Office of Personnel
Management for claims that he retaliated against employees who
complained about office policies, issued an illegal gag order, abused
his hiring authority, discriminated against homosexuals, allowed
political bias to influence enforcement of the Hatch Act, and forced
senior career staff to relocate from OSC's Washington headquarters to a
new regional office in Detroit.

{time} 2315

I would suggest that the gentleman go back and do his homework on
this office. There are some sensitive issues they are dealing with. But
I will tell you, this takes it back to last year's appropriation level,
I think, or just about that level. More importantly, I think this money
can be better spent on the students of the District of Columbia.
The Acting CHAIRMAN. The time of the gentleman has expired.
Mr. SERRANO. Mr. Chairman, I would say to the gentleman, had I not
done my homework, you would have helped me do it, because you started
out by telling us you wanted to help D.C., but then you did tell us
that it was that you were having problems with the Special Counsel.
Well, that is the issue. The issue is you want to get at the Special
Counsel.
I am suggesting this is the wrong time and the wrong place to do it,
because they are involved in very serious investigations, and the last
thing we need is for the public and the talk show hosts to say that
Congress, because they won't say you or I, that party or this party,
that Congress is trying to put a chill on these investigations.
During the hearings, for the record, we asked the D.C. Government if
they wanted more dollars. We gave them the opportunity to tell us if
they wanted more than the President's request, and they said no.
Mr. REGULA. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I yield to the gentleman from Virginia.
Mr. TOM DAVIS of Virginia. Mr. Chairman, can I ask my friend, what
are the sensitive investigations he is referring to?
Mr. SERRANO. The Special Counsel has been asked to look at various
issues, including violations of the Hatch Act.
Mr. TOM DAVIS of Virginia. Are there any particular ones you are
referring to at this point?
Mr. SERRANO. All of the above.
Mr. TOM DAVIS of Virginia. They have been looking at these
investigations for years. This amendment still gives them $14 million
to do that.
Mr. SERRANO. That is true.
Mr. TOM DAVIS of Virginia. Which is almost the number they had last
year. In light of the record that has been compiled here, the
investigation of GSA is complete. That has been forwarded to the
President. That is no longer pending, so that is no longer an issue. I
just wanted to make that clear on the record. This is not about that.
This is about a number of other issues that have been concerns
expressed from your side of the aisle as well.
Mr. SERRANO. If the gentleman will yield further, my point to the
gentleman is he started his argument by saying he wanted to help the
tuition program, but, in fact, he has a problem with the Special
Counsel. I am suggesting hat for the good of this House, we should not
be doing anything that appears like we are trying to chill.
Mr. TOM DAVIS of Virginia. We had to get the money from somewhere,
and this seemed to me an appropriate place to take it.
I am no stranger to this program. I was the chief author of
authorizing this legislation to begin with. So we are not taking it for
some program. This is a program I had a lot to do with creating and
feel strongly about it and feel it could use additional money. I think
the District feels the same way. The fact the committee funded it at
the President's level doesn't mean it couldn't use additional money and
fund additional students.
Mr. SERRANO. If the gentleman will continue to yield, my point would
be until at least one of those investigations has concluded, which has
gotten quite a bit of publicity in this country and been discussed
widely, we should not be cutting what is not a large budget.
Mr. TOM DAVIS of Virginia. The one the gentleman is referring to has
been completed. It has been forwarded to the President, and they have
no additional jurisdiction. For the record, we need to clear that up.
Mr. REGULA. Mr. Chairman, I yield back the balance of my time.
Mr. SERRANO. I yield back my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Virginia (Mr. Tom Davis).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. TOM DAVIS of Virginia. 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 Virginia
will be postponed.

Amendment Offered by Mr. Miller of North Carolina

Mr. MILLER of North Carolina. 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. Miller of North Carolina:
At the end of the bill (before the short title), insert the
following:

TITLE IX

ADDITIONAL GENERAL PROVISIONS

Sec. 901. None of the funds made available by this Act may
be used to implement Executive Order 13422.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from North Carolina (Mr. Miller) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from North Carolina.
Mr. MILLER of North Carolina. Mr. Chairman, I offer this amendment on
my own behalf and the behalf of Ms. Linda Sanchez of California.
Mr. Chairman, this amendment prohibits the use of funds to implement
an Executive Order entered earlier this year. The Executive Order
claims powers for the President over agency rulemaking that is
consistent neither with statutes passed by Congress nor with the
Constitution.
There are safeguards on how agencies can use that power, their power
of rulemaking. Agencies are supposed to make rules in the public, with
public participation, in the open, and citizens can sue an agency if
regulations are too tough or too lenient.
Executive Order 13422 dramatically changes how rulemaking works and
lets political appointees overrule the professionals at each agency in
secret with no accountability to anyone. Decisions that are supposed to
be made in the open can be made in closed rooms on the basis of
improper political considerations, and often no citizen will know to
sue to challenge a rule or more often sue to challenge agencies
inaction because no citizen will know

[[Page H7323]]

what really happened. No citizen will know what the professionals at an
agency be recommended be done.
The issues raised by Executive Order 13422 need Congress' attention,
but this amendment stops this President or any Presiding from seizing
the power to rewrite almost every law that Congress passes, laws to
protect public health, the environment, safety, civil rights, privacy,
and on and on, without answering to Congress or the American people.
Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in support of the amendment. The gentleman has
raised some very serious issues that need addressing, and I would
accept the amendment and support it.
Mr. REGULA. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I oppose the gentleman's amendment. I am not going to
call for a vote. I think this is something that needs to be studied a
little more, and would anticipate that in conference we would try to
address the problem. This Executive Order is relatively new. I am not
sure what the impact of that would be nor what the impact of this
amendment would be.
For the record, tonight I oppose it. As I say, I am not going to call
for a vote on it, but I think the chairman and I ought to take a second
look at it and decide whether we want to address the issue in
conference.
Mr. Chairman, I yield back my time.
Mr. MILLER of North Carolina. Mr. Chairman, I yield back the balance
of my time.
Mr. SERRANO. Mr. Chairman, I yield back my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Miller).
The amendment was agreed to.

Amendment Offered by Mr. Inglis of South Carolina

Mr. INGLIS of South Carolina. Mr. Chairman, I offer an amendment as
the designee of the gentleman from Michigan (Mr. Upton).
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Inglis of South Carolina:
At the end of the bill (before the short title), insert the
following:

TITLE IX--ADDITIONAL GENERAL PROVISION

Sec. 901. None of the funds made available in this Act may
be used to purchase light bulbs unless the light bulbs have
the ``ENERGY STAR'' or ``Federal Energy Management Program''
designation.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from South Carolina (Mr. Inglis) and a Member opposed each
will control 5 minutes.
Mr. SERRANO. Mr. Chairman, I am ready to accept the gentleman's
amendment.
Mr. REGULA. On this side we are ready to accept it also.
The Acting CHAIRMAN. The Chair recognizes the gentleman from South
Carolina.
Mr. INGLIS of South Carolina. Mr. Chairman, we are very grateful for
the opportunity to offer the amendment. It is on behalf of myself and
Mr. Lipinski, the gentleman from Illinois, and the gentleman from
Michigan Mr. Upton, and the gentlewoman from California Ms. Harman.
It is an exciting thing to see an opportunity to save money and to
save energy by changing some light bulbs. So we hope that we see these
energy savings, and we know that it is something that will benefit the
country.
Mr. Chairman, I would be happy to yield to the gentleman from
Illinois (Mr. Lipinski). Even though we are very grateful for the
chairman already accepting the amendment, he should say something about
our bill.
Mr. LIPINSKI. Mr. Chairman, I thank Mr. Inglis for yielding.
Mr. Chairman, Mr. Inglis and I introduced the Bulb Replacement in
Government with High-Efficiency Technology (BRIGHT) Energy Savings Act
earlier this year, a bipartisan bill that garnered over 80 bipartisan
cosponsors. Last week, it was incorporated into a comprehensive climate
change and energy bill that the Transportation and Infrastructure
Committee reported.
This amendment is a great step towards this goal of cutting down on
the energy used by the Federal Government, cutting down on the emission
of global climate-changing gases and saving taxpayers money.
So, I thank the chairman and the ranking member for accepting this
amendment. This amendment has been included on every appropriations
bill so far that has been brought to the floor, and I hope we can
continue this. It is very rare that you can meet all of these goals at
once while saving taxpayer dollars.
Mr. INGLIS of South Carolina. Mr. Chairman, I thank the gentleman for
his support. I very much appreciate the chairman and ranking member's
acceptance of our 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 South Carolina (Mr. Inglis).
The amendment was agreed to.

Amendment No. 1 Offered by Mr. Garrett of New Jersey

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

Amendment No. 1 offered by Mr. Garrett of New Jersey:
At the end of title VI, insert the following:
Sec. __. None of the funds made available under this Act
may be used by the Securities and Exchange Commission to
enforce the requirements of section 404 of the Sarbanes-Oxley
Act with respect to non-accelerated filers, who, pursuant to
section 210.2-02T of title 17, Code of Federal Regulations,
are not required to comply with such section 404 prior to
December 15, 2007.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from New Jersey (Mr. Garrett) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. GARRETT of New Jersey. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, I rise today to offer an amendment that will positively
affect thousands of small businesses across the country. I would like
to thank my good friend from Florida, Congressman Tom Feeney, for
sponsoring this amendment with me and for all of his hard work on
pushing for much-needed Sarbanes-Oxley reform.
Mr. Chairman, the 5-year anniversary of the passage of Sarbanes-Oxley
is almost upon us, and there are many of us who believe, myself
included, that SOX used a sledgehammer where a simple tap
would do. The accountability and transparency goals that were so
laudable in developing SOX could have been met, at least in
part, through a competitive market where empowered investigators have a
real role.
One thing is for certain, however, and that is the regulatory scheme
and structure that SOX established has created more problems
than it resolved. You see, we are in a global economy, and our
financial markets must be able to be competitive. But when going public
in an American market means added out-of-pocket expenses of $4 million
to $6 million per accelerated filer, that is more than 50 times the
original SEC estimate, it begs the question why any company rising
through the ranks would go public and be subject to those requirements.
Worse yet, it begs the question of why that successful company would go
public in the U.S. at all.
In fact, there have been very many credible reports pointing to a
loss in the supremacy of the American financial market as a direct
result of the SOX implementation. Only one of 24 listings
with over $1 billion in capital raised has listed in the U.S. as
opposed to London, according to the New York Stock Exchange. And there
is also evidence that some U.S. companies have even returned to being
privately held because of their inability to meet the costs and
extensive accounting requirements of SOX.
We have seen this directly with our Nation's two largest financial
markets, the New York Stock Exchange and NASDAQ, both looking to expand
into a less regulated, less litigated environment in Europe.
One segment of the U.S. economy that will bear a disproportionate
brunt of SOX is the American small business. Because the SEC
expected small businesses to have difficulty meeting all of

[[Page H7324]]

these costs and filing requirements, they were temporarily exempted
from the regulatory burdens of section 404 to give them time to
prepare. This exemption was last extended now through 2007 so that the
SEC and the PCAOB could finalize their revised guidelines to management
and new standards to the auditors. So while I am commend the SEC and
the PCAOB in trying to improve the implementation of 404, it still
remains unclear whether these revisions make it possible for small
businesses to comply without suffering dire economic consequences.
Furthermore, it is unfair to make our small businesses comply with
new regulations that are being finalized and adopted halfway through
this year for which these small businesses are supposed to report.
So I offer this amendment today to extend the exemption for small
businesses to comply with section 404. The amendment will prohibit the
SEC from forcing small businesses to comply with section 404(a)for
fiscal year 2008.
There is just too much evidence out there that small companies are
not going public or are doing so overseas because of the onerous
burdens of section 404, and this amendment will address that. It is
essential that we do not add to the overly burdensome new costs on our
Nation's small businesses, especially while new auditing standards are
still being revised and finalized.
So by delaying the requirements for 1 year, and that is all, we are
giving our small businesses more time to ensure that they are not
unfairly hurt, without jeopardizing the accountability goals of the
original SOX legislation.
Mr. Chairman, I include for the Record The National Taxpayer Unions
Vote Alert in support of this amendment that is on the floor today,
along with a letter from the Property Casualty Insurers Association of
America.

National Taxpayers Union,

June 27, 2007.

National Taxpayers Union Vote Alert

NTU urges all Members to vote ``YES'' on an amendment by
Representative Scott Garrett (R-NJ) to H.R. 2829, the
Financial Services Appropriations Bill. This amendment would
extend the moratorium on small business compliance under
Section 404 of the Public Company Accounting Reform and
Investor Protection Act, also known as the Sarbanes-Oxley
Act. Shielding small businesses from crushing regulations
brought on by Sarbanes-Oxley is an important step in
protecting a vital source of economic growth. A ``YES'' vote,
in support of easing the burden on small businesses, will be
significantly weighted in our annual Rating of Congress.
____

U.S. Chamber of Commerce,

June 27, 2007.
Members of the U.S. House of Representatives: The U.S.
Chamber of Commerce, the world's largest business federation
representing more than three million businesses and
organizations of every size, sector, and region, urges you to
support the Garrett-Feeney amendment to H.R. 2829 the
``Financial Services and General Government Appropriations
Act, 2008.'' This amendment would extend the current
moratorium for Section 404 compliance for small businesses
through FY2008.
While the Chamber supports effective internal controls and
the intent of Sarbanes-Oxley, the Chamber strongly believes
smaller companies should not have to bear the
disproportionately burdensome costs of Section 404 until the
implementation of Section 404 has been fixed.
The Garrett-Feeney amendment would delay compliance for
smaller public companies until the new standards have been
adopted and tested for a full year's worth of experience for
larger companies. Failure to pass the amendment would
seriously undermine the cost-cutting objectives of the new
standards.
Companies, auditors, and regulators will need at least a
full year's experience to know if the Securities and Exchange
Commission and Public Company Accounting Oversight Board's
efforts to fix Section 404 implementation are working or if
additional corrections are needed.
The Chamber strongly urges you to protect small businesses
from being unfairly and disproportionately disadvantaged by
voting for the Garrett-Feeney amendment to the Financial
Services and General Government Appropriations Act, 2008. The
Chamber may consider votes on, or in relation to, this issue
in our annual How They Voted scorecard.
Sincerely,
R. Bruce Josten.
____

Property Casualty Insurers

Association of America,

Des Plaines, IL, June 27, 2007.
Hon. Scott Garrett,
House of Representatives,
Washington, DC
Dear Mr. Garrett: The Property Casualty Insurers
Association of America (PCI) thanks you for introducing your
amendment to H.R. 2829, the Financial Services and General
Governmental Appropriations Bill, 2008, that would extend for
another year the amount of time that smaller public companies
have to comply with Section 404 of the Sarbanes-Oxley Act of
2002. PCI represents the broadest cross-section of insurers
of any national property/casualty trade association, with
over 1000 members writing over $194 billion in direct written
premium annually, over 40 percent of the nation's property/
casualty insurance.
PCI supports strong corporate governance for all
corporations. Since the Sarbanes-Oxley Act became law,
however, it has become clear that the overbroad way in which
Section 404 was implemented has been a major competitive
disadvantage for U.S. corporations. We believe that the costs
of compliance with Section 404 must continue to be reduced
for all publicly-traded insurance companies, including the
small-to-medium sized insurers to which your amendment
applies.
PCI congratulates you for taking the lead on this important
issue, and we look forward to working with you to lessen the
burden of Section 404 compliance for smaller public
businesses.
Sincerely,
Stephen W. Broadie.

With that, I reserve the balance of my time.
Mr. FRANK of Massachusetts. Mr. Chairman, I claim the time in
opposition.
The Acting CHAIRMAN. The gentleman from Massachusetts is recognized
for 5 minutes.
Mr. FRANK of Massachusetts. Mr. Chairman, might I inquire, who has
the right to close?
The Acting CHAIRMAN. The Chair would advise the gentleman that the
gentleman from New Jersey has the right to close. The gentleman from
Massachusetts is not a member of the committee.
Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, sic transit gloria Oxley. Mike Oxley, my Republican
predecessor, is barely gone, when one of his great works is being
trashed by his former colleagues.
Indeed, as I look at this assault, the gentleman from New Jersey
started out talking about small business, but small business clearly
appeared to be the stalking horse here. He talked about the New York
Stock Exchange. They don't deal with small business. He talked about
Sarbanes-Oxley in very negative terms broadly. His complaint is not
about small business, but about Sarbanes-Oxley in general. If you
analyze what the gentleman said, it was an assault on Sarbanes-Oxley.
Now, Sarbanes-Oxley was passed by a Republican House and a Democratic
Senate. It was signed and claimed as a great triumph by our Republican
President, George Bush.
I am sad for President Bush. No Child Left Behind, Sarbanes-Oxley,
immigration, Medicare part D, even the war in Iraq. Mr. Chairman, are
there no Bush policies left that can escape the assault of the
Republican Party? I am inclined to think that there are only two Bush
policies left that command strong support on the Republican side:
illegal wiretapping and torture. Everything else they appear to have
abandoned.
In fact, 10 days ago, the Secretary of the Treasury, Secretary
Paulson, explicitly disagreed with the gentleman from New Jersey on the
need for this amendment and said, no, we don't want to do this now.
This is working.
What is working is a couple of days ago the Chairman of the
Securities and Exchange Commission, our former colleague Mr. Cox, said,
we don't need legislation. We are in the process of changing this. All
five of the Commissioners appeared, and none of them asked us for
legislation. Mr. Cox specifically said it is not needed.
This is a vote of no confidence in Chris Cox and the SEC. They have
said, yes, we should change this. We have more time. It is in a
deferment period, and the SEC is in the process, along with the Public
Company Accounting Oversight Board, of winding this down, of making it
easier.
Mr. Cox was asked just yesterday, well, what is this going to cost
small business? He said, we don't know yet, because we are changing it
already for the big businesses that have to pay. But we are going to
look at that, and we will make adjustments.
So Chris Cox, on behalf of a unanimous SEC, three Republicans, two
Democrats, along with the Republican Secretary of the Treasury Mr.
Paulson, says we are fixing this. Please do not at this point
legislate.

[[Page H7325]]

Of course, what we see is, if you listen to the gentleman from New
Jersey, this is the beginning of an assault on Sarbanes-Oxley in
general, because much of his speech was not about small business, it
was about Sarbanes-Oxley in general, which he does not like and thinks
is a terrible burden and is driving people overseas.

{time} 2330

It is not driving small business overseas. Nobody argues that. It is
not driving small businesses off the New York Stock Exchange; they were
never on it. So this is step one in the assault on Sarbanes-Oxley. It
is an unnecessary assault because the SEC, under Chairman Cox, with a
Republican majority and Secretary Paulson are already trying to fix
this problem.
Mr. GARRETT of New Jersey. Mr. Chairman, I thank the gentleman for
his comments and just point out that I also did not support No Child
Left Behind, the medicare bill, the immigration bill or SOX, and I do
have a No Child Left Behind bill if you would like to sign on to reform
that piece of legislation.
Mr. FRANK of Massachusetts. Mr. Chairman, will the gentleman yield?
Mr. GARRETT of New Jersey. I yield to the gentleman from
Massachusetts.
Mr. FRANK of Massachusetts. I voted against No Child Left Behind. I
understand that. You have got nothing with Bush, and I understand that.
I just felt sorry for the poor man being abandoned so much.
Mr. GARRETT of New Jersey. Mr. Chairman, I yield such time as he may
consume to the gentleman from Florida (Mr. Feeney) who has been a
staunch advocate of businesses large and small and making sure that
they are competitive and stay strong in this country.
Mr. FEENEY. I want to thank the gentleman from New Jersey (Mr.
Garrett) because he has a great amendment here. And I also want to
recognize my chairman, Mr. Frank, because he is a passionate advocate
for doing the right thing and balancing markets and freedom versus the
social good.
By the way, we are not renouncing everything that the Bush
administration has done. Tax cuts and pro-growth issues, the fact that
we have not had a terrorist strike since 9/11 are all a few things that
we ought to recognize about the Bush administration.
But look, Congress messed up before Congressman Garrett and I got
here. We are now outsourcing because of section 404 of Sarbanes-Oxley
America's 100-year lead in world capital markets. Like it or not, this
was never debated in the House. It was added in the Senate; 264 words,
section 404 was added. Nobody knew what the cost of this would be.
By the way, the Securities and Exchange Commission testified in the
Senate that it would cost the average company $92,000 a year. It turns
out to be more like 30 times that. Being off by 30 times is bad work
even by government standards. It's amazing.
I will tell you that one study published by the American Enterprise
Institute and the Brookings Institute says that the drag on the
American economy is equivalent to a $1.1 trillion regulatory tax on the
U.S. economy. That is about an 8 percent tax on everything we do. It is
unbelievable.
The Acting CHAIRMAN. The time of the gentleman from New Jersey (Mr.
Garrett) has expired.
Mr. FEENEY. Mr. Chairman, I ask unanimous consent that the gentleman
from Massachusetts and the gentleman from New Jersey each be given an
additional minute.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. GARRETT of New Jersey. I yield to the gentleman from Florida.
Mr. FEENEY. I will tell you this, before Sarbanes-Oxley, foreign
initial public offerings raised 90 cents of every new dollar in
America. Now 90 cents of new dollar raised by international public
offerings is raised overseas. We are outsourcing America's 100-year
lead in capital markets.
If we want Shanghai and Hong Kong and London to be the leader in
capital markets, so be it. But we are fiddling while the capital
markets burn. I admire my chairman, Mr. Frank. I think it is too little
too late to let the SEC fiddle while the capital markets of America
burn to their death.
Mr. REGULA. Mr. Chairman, I move to strike the requisite number of
words.
I yield to the gentleman from New Jersey (Mr. Garrett).
Mr. GARRETT of New Jersey. Mr. Chairman, just a reflection on the
comments by the chairman. I appreciate the chairman wishing to defer to
the expertise of the SEC. Would the chairman and the committee defer in
the same manner to the SEC with regard to the issue of executive
compensation as he does to the area of SOX.
The problem with the testimony that we heard in committee the other
day is that after repeated questioning from both sides of the aisle as
to exactly what the cost will be on business in America through the SOX
reform that they are proposing right now out of the SEC on both large
and small businesses, their answer was basically ``we don't know.''
They have had 2 years to look at it at the SEC, to come up with new
rules and regulations, to try to bring down the complexity and the
burden on businesses large and small. And after 2 years, they don't
know.
Congress has directed them and the message has been made clear to the
SEC that the burden, as the gentleman from Florida has already pointed
out, is excessive and we asked them repeatedly, can you categorize
this? Can you pinpoint how much, if any, savings there will be for
businesses? And they say they don't know.
So until they do know, all we are asking for is a 1-year extension so
that small businesses can have an opportune time to learn the new
regulations that are basically being promulgated as we speak before
they have to implement them.
Mr. REGULA. Mr. Chairman, I yield to the gentleman from Massachusetts
(Mr. Frank).
Mr. FRANK of Massachusetts. I thank the gentleman for yielding me
time.
First, as to executive compensation, the gentleman from New Jersey,
he finds inconsistencies where none exist. They are kind of like
Harvey, his invisible rabbit.
On executive compensation, the SEC has said when asked that they do
not have the power to do what our bill does. That is very different
than Sarbanes-Oxley. With regard to Sarbanes-Oxley, Chris Cox has said
I am doing this, so they are quite different.
The SEC with executive compensation said we can make them say how
much it will be; if you want to go further, we have no power to do
that.
That is exactly the opposite of what they have said on Sarbanes-Oxley
in which they said we are fixing this, and Chris Cox said there is no
reason for you to legislate.
The gentleman from New Jersey is being unfair to Chairman Cox in
caricaturing him as saying ``we don't know.''
What he said when asked what it would cost is very straightforward:
``We don't know yet.'' He said we are in the process of finding out
because what the chairman said is we are downsizing Sarbanes-Oxley. We
are downsizing it for everybody. We will know better after we see what
the new requirements are for larger businesses, how much there will be
saved for smaller businesses.
The fact is that the gentleman from New Jersey quite graphically
misrepresented what the SEC said. The SEC did not say ``we don't
know,'' the SEC said ``we will tell you after we have had some
experience.''
Mr. REGULA. Mr. Chairman, reclaiming my time, I yield to the
gentleman from Florida (Mr. Feeney).
Mr. FEENEY. I believe my friend from Massachusetts, who is a great
chairman of the Committee on Financial Services, I would ask him: Is it
true or is it not true that America's market share of capital formation
and capital control has declined since Sarbanes-Oxley has been enacted?
Mr. FRANK of Massachusetts. Mr. Chairman, will the gentleman yield?
Mr. REGULA. I yield to the gentleman from Massachusetts.
Mr. FRANK of Massachusetts. The answer is ``yes'' for a variety of
reasons, but I want to make this point. It has nothing to do with this
amendment. The gentleman has proven my point. Small businesses don't do
IPOs. It is not in the small business area where the decline has
happened. So

[[Page H7326]]

what we see here is small business has been taken hostage by people who
never liked Sarbanes-Oxley because the argument the gentleman makes has
nothing to do with the specifics of the gentleman's amendment.
Mr. REGULA. Reclaiming my time, and I yield to the gentleman from
Florida (Mr. Feeney).
Mr. FEENEY. I thank the gentleman.
The chairman is very sophisticated. He understands free markets more
than anybody even though he doesn't always believe in free markets. But
the truth of the matter is we have lost our capital market leadership
for the first time in 100 years. There may be other variables, and I
would agree with the chairman. But one of the variables is Sarbanes-
Oxley is discouraging investment in America. By the way, American
investors are sending their money overseas.
And I would ask the chairman very briefly: Do you agree or not agree
that overtaxation, overregulation through Sarbanes-Oxley, and section
404, by the way, was never debated in the committee that you now chair.
It was done in the Senate.
The Acting CHAIRMAN. The time of the gentleman from Ohio has expired.
Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself such time as
I may consume.
Again, the gentleman from Florida has made a general assault on
Sarbanes-Oxley. He is now attacking Speaker Hastert. The number of
people who are in trouble on the Republican side by this group grows
and grows and grows. It is the Speaker of the House, the gentleman from
Illinois, the former Speaker, who apparently acquiesced,
inappropriately, according to the gentleman. Take it up with him, I
would say to the gentleman.
Mr. FEENEY. Would the gentleman yield?
Mr. FRANK of Massachusetts. Briefly.
Mr. FEENEY. Was section 404 ever debated in the Financial Services
Committee that you now chair?
Mr. FRANK of Massachusetts. Because I was not the chairman, I do
remember discussion of it during the conference report. But reclaiming
my time.
Mr. FEENEY. Wait a minute, you didn't answer the question.
Mr. FRANK of Massachusetts. It is my time.
Mr. FEENEY. Was 404 ever debated?
Mr. FRANK of Massachusetts. Regular order, Mr. Chairman.
The Acting CHAIRMAN. The gentleman from Massachusetts controls the
time.
Mr. FRANK of Massachusetts. The fact is that I will not allow my time
to be diverted by internecine Republican warfare. You don't like George
Bush's bill that he signed. You don't think that Oxley did a very good
job. You are upset at your own leadership procedurally. You think Chris
Cox doesn't know what he is doing. You disagree with Paulson.
Mr. Chairman, they can fight it out. I would like to discuss
substance. I'm not here to get even for past grievances that
Republicans have with other Republicans.
Again, the gentleman from Florida's assault has nothing to do with
this amendment, but it is relevant in this sense: It shows that what we
have here is the beginning of an attack on Sarbanes-Oxley.
The IPOs, small business don't do IPOs. Small business hasn't left
America to go to England. That is the clear indication of what is up.
Now to get back to the substance, Chairman Cox and the other members
of the commission said we agree it went too far in the regulation. We
are scaling it back. We are scaling it back first for the big
businesses who will be affected by it, and we will learn from that
scaling back how much it will help smaller businesses.
Again, the gentleman from New Jersey quite unfairly mischaracterized
what the commissioners said. The commissioners didn't say ``we don't
know,'' period. They said we don't know now because we expect to get
experience from the reductions in the scaling back we have already
ordered, and that will tell us how that will help small business.
Mr. GARRETT of New Jersey. Mr. Chairman, will the gentleman yield?
Mr. FRANK of Massachusetts. I yield to the gentleman from New Jersey.
Mr. GARRETT of New Jersey. I quite candidly don't recall in any of
the questioning by my side of the aisle or yours that he used the word
``yet.''
Mr. FRANK of Massachusetts. The gentleman is simply wrong. He made it
very clear. I am quoting him almost verbatim when I say they said: We
will find out from scaling back in general how much it will save, and
then we will be able to tell you how much the savings will be.
No, I am not yielding any more because this is just not a debatable
issue. The five commissioners didn't say simply ``we don't know.'' They
said, ``We don't know as of now, but we will know better once we have
had this experience.''
I want to go back and respond, the gentleman from Florida said the
SEC is fiddling while capital markets burn. I don't think Chris Cox is
fiddling.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
Let me simply say, Mr. Chairman, I recognize this specific discussion
is aimed at Sarbanes-Oxley. But in fact I have been around here for
awhile, and I know that this occurs in the context of a much broader
and much more insidious pattern.
The fact is if you take a look at what Republican controlled
Congresses have tried to do since 1995, you will see that they have
voted for appropriation after appropriation that cut the SEC budget
even below the President's request. What that meant was that while that
agency's workload was expanding and exploding, the ability of the SEC
staff to keep up with that workload was being undermined by this body.
The percentage of all corporate filings reviewed by the agency
declined dramatically from 21 percent in 1991 to about 8 percent in
2000. Is it any wonder that the Enrons of this world were convinced
that they could get away with anything. After Enron failed and after we
had a series of other corporations that failed, and their officers went
to jail, people got scared. They decided we better do something or we
will be seen as being complicit in the abandonment of government's
obligation to see that investors are protected.
So what happened is they were scared finally in backing into passing
Sarbanes-Oxley. They fought it all the way. And now that it is on the
books and the heat is off and the cops ain't watching as much, then
what are they doing, they once again want to whittle away at Sarbanes-
Oxley. Not with my vote they are not going to.
I yield to the gentleman from Massachusetts.

{time} 2345

Mr. FRANK of Massachusetts. Let me make the substantive argument
here.
Law enforcement in America is not totalitarian. It is not
authoritarian. It requires a buy-in by those regulators. And that's why
this amendment would do so much damage. There is, of course, a
disconnect between the amendment which hides behind small business and
the broader attack on Sarbanes-Oxley that we have heard from the two
speakers.
But here's where the connection comes in. The SEC, with the full
backing of Secretary Paulson, all these Republican nominees, Secretary
Paulson from Goldman Sachs, Chris Cox and the others, they understand
that Sarbanes-Oxley was overwritten in the regulatory phase. They are
writing it down, but they don't want people to just think this is
chaos. They have asked us explicitly, the Secretary of the Treasury and
the SEC, the Republican appointees, to let them work this out. They
agree that it needs to be reduced.
But if you start now with Congress piecemeal amending it, the degree
of consensus they are trying to reach in the business community will
erode. If people think, oh, we got one amendment through, we got this
piece out, then there will be others who want another piece, people who
have always resented it. And Mr. Cox has been very careful to try to
get, for instance, unanimity in the commission because he wants people
not to think this is a chance he's saying, it's going one way, it's
going the other. And to begin now to whittle away at his authority,
when he is in the process of doing exactly what critics of Sarbanes-
Oxley as it now stands say they want to do, undermines his ability to
reform this in an orderly way.

[[Page H7327]]

Mr. FEENEY. Mr. Chairman, will the gentleman yield?
Mr. OBEY. I yield to the gentleman from Florida.
Mr. FEENEY. When Sarbanes-Oxley was passed, America had roughly 48
percent of the world capital market formation. We're down to about 39
percent.
Mr. Chairman, I ask you, because you're a good friend and you're
smart about this stuff, at what point will you say that there's a
problem?
Mr. OBEY. I yield to the gentleman from Massachusetts.
Mr. FRANK of Massachusetts. First of all, does the gentleman not
understand that his question, as virtually all of his debate, has zero
to do with the amendment he purports to be supporting?
The fact is that the problems, yes, in China they have decided to do
it in Shanghai. I think there are a lot of reasons why there has been a
shifting and we're no longer overall in the world. But it has nothing
to do with this amendment because it's not about small business. We
haven't lost the share of small business. But the gentleman has
reinforced my point. I mentioned Shanghai. Shanghai is appropriate,
because this amendment is an attempt to shanghai small business into
the cause of undermining Sarbanes-Oxley and undercutting the effort by
the SEC, supported by the Secretary of the Treasury--and I assume the
Bush administration--to allow the process of scaling back Sarbanes-
Oxley to be done in an orderly, reasonable fashion.
The Acting CHAIRMAN. The time of the gentleman from Wisconsin has
expired.
The question is on the amendment offered by the gentleman from New
Jersey (Mr. Garrett).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. GARRETT of New Jersey. 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 New Jersey
will be postponed.

Amendment No. 6 Offered by Mr. Conaway

Mr. CONAWAY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 6 offered by Mr. Conaway:
At the end of the bill (before the short title), insert the
following:

TITLE IX--ADDITIONAL GENERAL PROVISIONS

Sec. 901. It is the sense of the House of Representatives
that any reduction in the amount appropriated by this Act
achieved as a result of amendments adopted by the House
should be dedicated to deficit reduction.

Mr. SERRANO. Mr. Chairman, I reserve a point of order on the
gentleman's amendment.
The Acting CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House of today, the gentleman from Texas
(Mr. Conaway) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. CONAWAY. Thank you, Mr. Chairman.
Perhaps the next couple of hours, and certainly most of all day
tomorrow, Member after Member on our side will come down here to these
microphones and attempt to reduce spending in this appropriations bill.
My amendment would fix a problem that they will have should they be
successful in any of their amendments.
Under our existing rules, the existing processes under which we work,
the budget is passed and is allocated among the various programs under
what we call a 302(b) allocation. Each of these subcommittees bring
their bills down here in a total amount to be spent. As I have
mentioned, Member after Member will come down here to attempt to
convince a majority of us to reduce the spending that is included in
the bill. Should they be successful, it's not likely but should they be
successful in reducing that spending the little known secret, unknown
outside the Beltway, is that the actual total amount of spending under
the 302(b) allocation will not change, no matter what we do here on
this floor. It stays where it is.
And so what my amendment would do, it would be to take those
successful attempts to reduce spending and would funnel those dollars
against the deficit that this country will continue to experience in
2008. If you look at the budget that was passed by the Democrats, the
budget shows a deficit for this year. So should we be successful on any
of these bills, my amendment would allow the savings to go against the
deficit and in future years should we have a surplus, it would actually
allow the surplus to increase.
So it's a pretty straightforward concept. Most folks back home
understand when they save money in certain areas on spending, they have
that money available to spend somewhere else, to put in savings, to
reduce debt, to do all the kinds of things, but under our arcane system
here, that money simply stays with the committee and through some
process in conference gets spent again should we be successful.
I understand there's a point of order that lies against this. I do
not intend to push it, and I will withdraw my amendment, but I seek to
point this out one more time to anyone who might be listening at this
early hour in Hawaii or late here on the east coast.
I would also like to get acknowledgment that I'm getting my amendment
out of the way tonight as opposed to tomorrow when the heavy lifting on
the spending cuts will occur.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.

Amendment Offered by Mr. Souder

Mr. SOUDER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Souder:
At the end of the bill (before the short title), insert the
following:

TITLE IX--ADDITIONAL GENERAL PROVISIONS

Sec. 901. None of the funds made available in this Act
(including funds made available in title IV or VIII) may be
used by the District of Columbia for any program of
distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.

[[Page H7328]]

in the western hemisphere. When they first implemented this program, I
visited Vancouver and watched the distribution of needles. They assured
me that this was going to get the problem under control, even though
they saw rising drug abuse in the center city of Vancouver. By the next
time I went up to Vancouver, they had multiple needle sites, that in
fact some of the needle sites in downtown Vancouver were competing with
each other and arguing over who got to provide the needles. We saw in
many of these urban center areas, which has been repeated in New York
and in other places where they've had these experimental programs that
in fact it has increased codependency because in many of these areas
where you see people who are being treated for a variety of different
illnesses, you have homeless shelters, and we've seen a rise in
codependency because the needle exchange programs and the heroin
dealers are down where the needle exchange programs are and we've seen
an increase and a rise in this.
Recent studies out of Vancouver are continuing to prove on a steady,
systematic way that it has been one colossal failure that had been
touted on this House floor as a solution to HIV. I believe that it is
not only practically wrong for us to provide the funds through taxpayer
funds to a program that is not only practically not effective in
stopping HIV, it is, I believe, morally and ethically wrong to ask the
taxpayers to in effect provide the very needles that keep people
addicted to heroin.
Mr. Chairman, I reserve the balance of my time.
The Acting CHAIRMAN. Does the gentleman continue to reserve his point
of order?

Point of Order

Mr. SERRANO. 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
appropriation bill shall not be in order if changing existing law.''
The amendment requires a determination.
I ask for a ruling from the Chair.
The Acting CHAIRMAN. Does any other Member wish to be heard on the
point of order?
If not, the Chair finds that this amendment imposes new duties on the
Secretary. The amendment therefore constitutes legislation in violation
of clause 2 of rule XXI. The point of order is sustained and the
amendment is not in order.

Amendment Offered by Mr. Souder

Mr. SOUDER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Souder:
At the end of the bill (before the short title), insert the
following:

TITLE IX--ADDITIONAL GENERAL PROVISIONS

Sec. 901. None of the funds made available in this Act
(including funds made available in title IV or VIII) may be
used for the Prevention Works or Whitman-Walker Clinic needle
exchange programs.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Indiana (Mr. Souder) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Indiana.
Mr. SOUDER. Mr. Chairman, I yield myself such time as I may consume.
I was hoping that we could deal with this issue in a broader
amendment and I misspoke. We have a battle on the House floor over
direct funding. This is in particular a limitation and I understood
that under parliamentary rules my earlier amendment might be tossed out
on grounds of trying to legislate on an appropriations bill.
In the past, just for the record, the Rules Committee has always
protected this amendment because we felt it was absolutely critical not
to have the distribution of needles to heroin addicts in our capital
city of America. But since the Rules Committee did not protect the
general, this particular amendment in front of us doesn't really have a
broad, sweeping effect on the District of Columbia but in fact targets
two programs that have in fact in the past ineffectively distributed
needles and syringes.
The general question is, and this is a proxy vote, is do you believe
that needles should be distributed to heroin addicts by public enemies,
and particularly in our Nation's Capital. Should we repeat in the
streets of Washington, DC, what has failed in so many cities in the
United States and around the world, in a, I believe, heartfelt honest
attempt to reduce HIV virus, instead hasn't reduced HIV virus or at
least at best--there is dispute as to that--but has in fact increased
and sustained heroin addiction in the United States.
Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I rise in very strong opposition to this
amendment.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. SERRANO. Mr. Chairman, this is one of those amendments that
leaves you scratching your head. This really is an issue that has been
visited for so many years and well understood by the medical profession
and activists and citizens throughout this country. We are not
promoting the use of drugs. In fact, every needle exchange program that
I am familiar with, including the one that exists in my congressional
district, encourages people to seek treatment, demands in many cases
that you seek treatment. But all it says is that while you are a drug
addict, while you are trying to get off that addiction, that you not
spread the HIV virus by sharing needles.
This is a very sensible medical approach to a very serious social
issue and a medical issue. When you have folks who are addicted, the
impression that some people get is that this is some sort of a party
that people go to and they get drugs by getting needles. What you get
is a medical procedure that says you're addicted, we want to help you,
we want you to submit yourself to treatment, but in the meantime we
will ask you to use this needle rather than one that you can share with
someone else and either get the HIV virus or pass it on to someone
else.
Washington, DC, is number one in the Nation in AIDS cases right now.
All this language says is that the local government will be able to use
its local funds to put forth a needle exchange program. My God. To what
extent will we continue in this House as we have in the past to take
every social issue that we can't win in our local districts and bring
it and put it on the people of the District of Columbia and say this is
how we want you to behave, because this is what I believe in and back
home I can't do this, so I'm going to do it on you and I'm going to do
it to you.

{time} 0000

The mayor, city council, the leadership, has asked over and over
again, give us the opportunity to deal with this issue on our own, in
our own way, and in our own terms.
We are not, if I had my way, I would have said that Federal funds
could be used for a needle exchange program. That's who I am. But
that's not what this says. This simply says that those dollars that are
raised locally by the people in the District of Columbia, that they can
use it for a program that can save lives, that can stop the spread of
AIDS, that can deal with an issue in the most proper and humane way.
This is one of those issues where you have to go deep into your soul,
into your heart and not deal with the rhetoric of what sounds right in
a 30-second sound bite, but what is proper for public safety, for
public health, and for the human dignity of a person that already has a
major problem.
I have dealt with a lot of people who are addicted for a long time in
my district. I know the pain they go through. At the expense of perhaps
making light of it, when they show up at a needle exchange program,
they are not dressed in tuxedos with martinis in their hands having a
ball. They are people who are hurting, hurting and trying to survive
somehow. This may just give them a chance not to get sick, but perhaps
just as important, or most importantly, not to make someone else sick.
I would hope that the gentleman fully understands what this is. One,
it's local control over the destiny of the District of Columbia; and,
secondly, it is a proper medical way for this society to deal with an
issue.
Mr. Chairman, I reserve the balance of my time.

[[Page H7329]]

Mr. SOUDER. Mr. Chairman, may I ask how much time remains?
The CHAIRMAN. The gentleman from Indiana has 3\1/2\ minutes
remaining.
Mr. SOUDER. Mr. Chairman, I yield myself 2\1/2\ minutes.
First, I want to make it absolutely career that I have spent much of
my career work on antinarcotics effort, and it is not a cavalier, cheap
shot-type amendment here. I have visited the Vancouver multiple times.
I have visited the heroin centers in Switzerland. I have been on the
streets of New York and other areas where this has purported to do what
the gentleman claims it does. It doesn't. The gentleman didn't cite any
study, to the degree there are studies. I have already acknowledged
they are mixed. But the net impact is it hasn't seen a reduction in HIV
use, and it has seen an increase in heroin use.
Secondly, as far as Washington DC, they have 80 beds, capacity for 80
beds for detoxification. That is not a serious effort to reduce heroin.
Thirdly, we fund the District of Columbia. It is our national
capital. You can criticize or say that we micromanage, but, in fact, we
provide much of the funding that goes in the District of Columbia, and
it is, if not directly, at least indirectly taxpayer funds. Because it
is a national capital, that is why it is set up as the District of
Columbia.
Now, I understand there is frustration with that, but we have also
tried to limit any direct or indirect funds to heroin needle exchanges
anywhere in the country. This isn't targeted at Washington DC. You can
look at my record. I am willing to target anybody on this program,
because I don't believe it reduces HIV. I do believe it increases
heroin addiction. I do believe that, in fact, it has been a well-
intended, as I said, program, that has worked out to be
counterproductive.
Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, just one comment. First of all, the
committee received a letter in support of removing the prohibition
signed by 29 leaders of medical, public health and social service
organizations.
In addition, while drug use is illegal, users should not have to pay
with their lives. Studies conducted by the CDC, NIH, National Academies
of Science and the GAO, which demonstrate that needle exchange programs
reduce the incidence of HIV. I mean, this is an array of serious
government agencies saying that this, in fact, reduces HIV.
So, on the one hand we spent a lot of money in this country, both
here at home and overseas. To the President's credit, he has picked up
the ball lately on that issue, and has responded better than in the
past on the idea of fighting this disease throughout the world.
Well, right here at home, right here in the Nation's Capital, where
the largest number of people infected exist now, the largest ratio, we
could deal with this by simply allowing them to do what they must do.
Mr. SOUDER. Mr. Chairman, I yield myself the balance of my time.
First off, we have quoted study after study on this House floor,
indirect studies contracted out by different people at different times
have, in fact, proven different things depending on what you want to
try to prove. The net impact of it is it hasn't reduced HIV, and it has
not reduced but, in fact, we have seen heroin addiction go up.
Medical associations are on both sides of the record on this issue,
because on the early days of this issue it showed great promise, and
there was great hope that, in fact, it might work, but that it has not.
What we really need is drug treatment, not drug enable willing. What
you can see when you go into these difference centers and visit them
is, as a matter of fact, some people come in, they see it as a way to
get clean needles. But when you analyze the studies, it's not even that
those who were using dirty needles used dirty needles less, they use
heroin more.
During the periods of time where they could get the needles at the
distribution points, they get the needles at the distribution points.
At other times, when they want to get caught up, they go get the dirty
needles. It doesn't even reduce. In a case-by-case basis, there's not
proven sustained evidence that it even reduces the dirty needles of
those who go to the centers. Unless you have round-the-clock constant
track usage in a controlled setting, it simply doesn't have the impact
that it claims to have.
I believe that this is good Federal policy that we have maintained
since 1999, and we should keep this policy.
Mr. Chairman, I yield back the balance of my time.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. OBEY. Mr. Chairman, I want to congratulate the gentleman from
Indiana. I was not aware of the fact that he had gotten a medical
degree. I don't think he is a doctor, and neither am I, and so I would
submit that neither one of us are actually qualified to make final
judgments about medical matters.
But I am also bothered by something else. You know, I came here to be
a Member of the United States Congress. I didn't come here to be a
Member of the D.C. City Council. I'm certainly not getting paid for it.
I don't know if the gentleman is, but I'm not, and I don't feel like
doing double duty as a city councilman at 7 minutes after midnight. I
don't even think I would feel like doing that tomorrow.
But what I am bothered by is the idea that somehow we think we can
come from our own communities, our own States, and then come to this
town, because we happen to technically approve the district's budget in
a plantation-type style, we, therefore, begin to tell the District of
Columbia that we are going to decide what kind of medical advice is
relevant. I heard the gentleman say this in debate, I believe it is
wrong.
Well, the gentleman is perfectly entitled to that opinion, just as I
am entitled to my opinion. But the fact is that I don't believe that it
makes much sense for either Dr. Souder or Dr. Obey to be telling D.C.
how they can use their own money. I think it's the height of arrogance
on the part of the Congress.
If you want to dictate to communities, would you dare go home and
dictate to your own hometown what the city council ought to do? Would
you say that because we provide Federal money to your city council,
that somehow we should decide what their policy ought to be on medical
matters? I don't think so.
I am baffled by people, especially by conservatives, who every day
will profess to believe in local control, States' rights and the like,
but then when it comes to the District of Columbia, they say, well,
because we have a special opportunity, we are going to impose our
judgment on yours. I don't think this is about the issue of needle
exchange or drugs. I detest drugs. My God, look what they have done to
Rush Limbaugh.
But for God's sake, it seems to me that we ought to have enough
restraint to recognize that if we wanted to dictate to the D.C. what
their policies ought to be, then we ought to resign from Congress and
run for city council for the District of Columbia, or maybe even mayor.
But until that time, it seems to me that the District of Columbia
government has the right to make their own choices even if they are
wrong.
Now, Will Rogers said once that when two people agree on everything,
one of them is unnecessary.
I would submit that I don't have to agree with the gentleman's
opinion, and he doesn't have to agree with mine to recognize that we
have got a right to state those opinions and follow up on them on
Federal matters. But we are interfering in the operation of a local
city, and we have no right to do that on education, on drugs or
anything else.
You learn from your own mistakes, and if the District of Columbia is
making the wrong choice, then I suspect in time evidence will show they
made the wrong choice.
But, until then, we are imposing our own judgment on a life-
threatening matter. As one layman to another, that makes no sense
whatsoever.
Mr. Chairman, I yield back the balance of my time.
Mr. REGULA. Mr. Chairman, I move to strike the requisite number of
words.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.

[[Page H7330]]

Mr. REGULA. I yield to the gentleman from Indiana.
Mr. SOUDER. Mr. Chairman, as my friend from Wisconsin knows my issue
on this commitment goes far beyond the District of Columbia. This
doesn't have anything to do with the goal of being a city council
member in the District of Columbia.
I believe any type of funding of heroin needles is counterproductive,
and there are plenty of medical experts on both sides who will make
that argument either direction. But evidence is increasingly proving
that the one group of doctors, the one group of researchers and the 7
years of legislation here are being proven correct, and time will prove
them even more correct.
But I do want to address the underlying fundamental question on
whether we have a right to legislate in the District of Columbia.
Obviously, the Constitution from the founding of this country has
treated the District of Columbia differently. It's our national
capital. We have increasingly given them more flexibility.
I think that that is, generally speaking, a good thing. But we don't
have a Fort Wayne, Indiana, appropriations bill that comes to the
floor. We get some funding, but there are not special bills that come
from taxpayer dollars all over America. Nor is there a northern
Wisconsin funding bill that comes to the House floor.
When we take large sums of money from our districts that then gets
used in policies, in our national capital, that was set up to be
different than the other States, with different guidelines and
difference regulations, then we do have some obligation to the
taxpayers in our district and to our Nation that chose us as the
national capital and an appropriations process that set us up where we
are taking funds from other States because this is our national
capital, and which none of us resents putting funds in because it's our
national capital. We use much of the space here, we have put certain
restrictions in the city.
I believe we are justified then in trying to do wise policies to the
degree possible when necessary in the city. But my opposition to heroin
needles is not just restricted to District of Columbia. This is bad
policy that does not help the HIV problem and does expand the heroin
problem.
Mr. OBEY. Would the gentleman yield?
Mr. REGULA. I yield to the gentleman from Wisconsin.
Mr. OBEY. Let me simply say, I would agree with the gentleman if his
amendment was limited only to the money that we are appropriating to
the District of Columbia. What I don't agree with is when we impose
that same judgment on the use of their local money.
Mr. SOUDER. Would the gentleman yield?
Mr. REGULA. I yield to the gentleman from Indiana.
Mr. SOUDER. The point is, we have debated this in multiple ways, we
had faith-based debates. We had the debate the other day on
international family planning. Money is fungible, and it's very
difficult to sort out which is which when it's this big amount of funds
we put into the city.
Mr. REGULA. I yield back the balance of my time.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. SERRANO. Mr. Chairman, in anticipation of the possibility that we
would allow them to use their local dollars, the District of Columbia
already has put together a plan, a very comprehensive plan to deal with
this issue.

{time} 0015

That is the plan presented to the committee by Dr. Greg Payne, the
Director of the Department of Health. In it, they speak about the
dollars they want to spend and the agencies they want to deal with at
the local level. They are very serious about the fact that they want
this done, and we should be supportive of it.
I did not, in my comments, intend, nor do I now, to question the
gentleman's commitment to his belief that this is not a good program. I
respect that. I disagree with you, but that was never my intent, if
that's what you got out of it.
But I know that you would not be able to present this kind of an
approach anywhere else except when it comes to dealing with the
District of Columbia because it is, for all intents and purposes, a
territory or a colony. And I take that very seriously because I was
born there, an America colony. And I'll be darned if I'm going to be
the Governor, now in charge by the Congress of a colony. I don't want
to do to D.C. what I feel has been done to my birthplace for 109 years.
I fight every day to make that a better situation.
And I think what's happened is somewhere along the way we discovered
in Congress, and at times it's been done by everybody, we discovered in
Congress that there was a playground, there was a place where we could
put forth issues that we thought were important issues. And so if you
look at the provisions that prohibit local and/or Federal funds from
being used in D.C., you see everything from the abortion issue to the
gay issue, to the domestic partners issue, to the needle exchange
issue; just about every issue that we have ever decided is important in
this country, we've used D.C. as the example. And why? Because they
can't fight back because they're powerless because they are, indeed, a
colony.
Well, I don't know how long I'm going to be chairman of this
committee, but as long as I'm chairman of this committee, I will work
hard on many issues, and one of them is to alleviate the burden of the
District of Columbia to have to be treated like a colony of the U.S.
Congress.
Let us do this locally. Let us all decide that if you really believe
in something like this, do it locally.
Let me read to you something that Mayor Fenty wrote to us. And I
always mention the fact, and I don't want to put my ranking member in a
difficult situation, although, you know, he's tough enough to handle
it, but he and I are big fans of this Mayor. We're big fans of the
vision he presents. We're big fans of giving the District every
opportunity to succeed. He says it more than I do. In every opening
statement, at every committee hearing, he brings up D.C. as something,
a group of people he wants to help.
The Mayor says, statistics in 2005 show that D.C. has the highest
rate of AIDS cases in the country, a rate that is over six times the
national average. An estimated 1 in 20 D.C. residents is infected with
HIV. Nearly 1 in 50 has full-blown AIDS.
My God, if this is true, and it is, then why wouldn't we let them at
least use their local funds to deal with this issue?
You know, I don't know 50 years from now how we're going to be
judged, but I think that an issue that may not get the importance it
gets now, like this one, will be one of the ones that will judge all of
us as to what we did when we had an opportunity to do something.
Mr. SOUDER. Will the gentleman yield?
Mr. SERRANO. Absolutely.
Mr. SOUDER. I want to make just two brief points. One is Vancouver,
when they were first looking at it because of their at that time rising
AIDS rates, which were not nearly as high at D.C., had a similar plan,
or met with similar people from the medical community, and they've been
proven wrong. Just because you have a plan and it came from the medical
community does not mean it will work, and the program hasn't worked.
But I do want to make, if I could, one personal clarification. I am
more than willing and have worked to put this restriction on every city
in America. I don't distinguish Washington, D.C., from others, and I
don't appreciate the implication that I would treat it like a
plantation. I believe this restriction ought to apply to every city.
Mr. SERRANO. Well, with all due respect, and reclaiming my time, you
may not feel that it's treated like a plantation, you may not feel that
it's treated like a colony, but let me tell you, I don't know a
plantation, but I know a colony, and we do treat it like a colony.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana (Mr. Souder).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. SOUDER. Mr. Chairman, I demand a recorded vote.

[[Page H7331]]

The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Indiana will
be postponed.
Mr. SERRANO. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Lipinski) having assumed the chair, Mr. Altmire, Acting Chairman of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 2829),
making appropriations for financial services and general government for
the fiscal year ending September 30, 2008, and for other purposes, had
come to no resolution thereon.

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