[Congressional Record Volume 153, Number 193 (Monday, December 17, 2007)]
[House]
[Pages H15528-H15726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE DEPARTMENT OF STATE, FOREIGN OPERATIONS AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2008 (CONSOLIDATED APPROPRIATIONS ACT, 2008)
Mr. OBEY. Mr. Speaker, pursuant to House Resolution 878, I call up
the bill (H.R. 2764) making appropriations for the Department of State,
foreign operations, and related programs for the fiscal year ending
September 30, 2008, and for other purposes, with the Senate amendment
thereto, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
The text of the Senate amendment is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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 STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and Consular Programs
(Including Transfer of Funds)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948; representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress; arms
control, nonproliferation and disarmament activities as
authorized; acquisition by exchange or purchase of passenger
motor vehicles as authorized by law; and for expenses of
general administration, $3,820,375,000: Provided, That of the
amount made available under this heading, not to exceed
$10,000,000 may be transferred to and merged with
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and terrorism
rewards: Provided further, That of the funds appropriated
under this heading, $8,131,000 shall be available for the
Office of the Director of United States Foreign Assistance
and $1,000,000 shall not be obligated until consultations
with the Congress, arising from the report submitted pursuant
to section 653(a) of the Foreign Assistance Act of 1961, have
been completed: Provided further, That of the amount made
available under this heading, not less than $364,905,000
shall be available only for public diplomacy international
information programs: Provided further, That of the funds
made available under this heading, $5,000,000 shall be made
available for a demonstration program to expand access to
consular services: Provided further, That of the funds made
available under this heading, $40,000,000 shall be made
available for passport operations, facilities, and systems:
Provided further, That the funds appropriated by the previous
proviso shall be in addition to amounts otherwise made
available for such purposes: Provided further, That during
fiscal year 2008, foreign service annuitants may be employed,
notwithstanding section 316.401 of title 5, Code of Federal
Regulations, pursuant to waivers under section
824(g)(1)(C)(ii) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)(1)(C)(ii)): Provided further, That of the
funds made available under this heading in this Act and in
prior Acts making appropriations for the Department of State,
foreign operations, export financing and related programs, up
to $200,000,000 may be transferred to, and merged with, funds
appropriated under the heading ``Millennium Challenge
Corporation'', subject to section 615 of this Act: Provided
further, That of the funds appropriated under this heading,
$6,000,000 shall be made available for the Ambassador's Fund
for Cultural Preservation of which $1,500,000 shall be for
grants of not less than $500,000 for significant historic
preservation projects: Provided further, That there shall be
one additional senior permanent position at United States
Embassy Moscow whose sole responsibilities shall be to
monitor human rights and the implementation of Russian laws
relating to nongovernmental organizations, communicate United
States support for human rights defenders and journalists who
are harassed and arrested, and support the work of civil
society groups: Provided further, That funds available under
this heading may be made available for a United States
Government interagency task force to examine, coordinate and
oversee United States participation in the United Nations
headquarters renovation project: Provided further, That funds
appropriated under this heading are available, pursuant to 31
U.S.C. 1108(g), for the field examination of programs and
activities in the United States funded from any account in
this title.
In addition, not to exceed $1,558,390 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in
accordance with section 4 of the International Center Act; in
addition, as authorized by section 5 of such Act, $490,000,
to be derived from the reserve authorized by that section, to
be used for the purposes set out in that section; in
addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
[[Page H15529]]
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
In addition, for the costs of worldwide security
protection, $909,598,000, to remain available until expended.
Capital Investment Fund
For necessary expenses of the Capital Investment Fund,
$63,743,000, to remain available until expended, as
authorized: Provided, That section 135(e) of Public Law 103-
236 shall not apply to funds available under this heading.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$35,508,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to
post inspections.
Educational and Cultural Exchange Programs
For expenses of educational and cultural exchange programs,
as authorized, $509,482,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as
authorized: Provided further, That of the funds available
under this heading up to $2,000,000 may be made available to
the Senator Paul Simon Study Abroad Foundation, subject to
authorization: Provided further, That if a majority of the
Board of Directors of such Foundation is not confirmed by the
Senate by August 1, 2008, the Secretary shall provide
$1,000,000 of such funds to the Benjamin A. Gilman
International Scholarship Program and $1,000,000 shall be
provided to the Fulbright Program to augment existing study
abroad programs.
Representation Allowances
For representation allowances as authorized, $8,175,000.
Protection of Foreign Missions and Officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $14,000,000, to remain available
until September 30, 2009.
Embassy Security, Construction, and Maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the
Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $792,534,000, to
remain available until expended as authorized, of which not
to exceed $25,000 may be used for domestic and overseas
representation as authorized: Provided, That none of the
funds appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for
other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $649,278,000, to
remain available until expended.
Emergencies in the Diplomatic and Consular Service
(Including Transfer of Funds)
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,000,000, only for emergency evacuations
and terrorism rewards, to remain available until expended, of
which not to exceed $1,000,000 may be transferred to and
merged with the ``Repatriation Loans Program Account'',
subject to the same terms and conditions.
Repatriation Loans Program Account
(Including Transfer of Funds)
For the cost of direct loans, $678,000, as authorized:
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.
In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be
transferred to and merged with ``Diplomatic and Consular
Programs''.
Payment to the American Institute in Taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $16,351,000.
Payment to the Foreign Service Retirement and Disability Fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $158,900,000.
International Organizations
Contributions to International Organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,374,400,000, to remain
available until September 30, 2009: Provided, That the
Secretary of State shall, at the time of the submission of
the President's budget to Congress under section 1105(a) of
title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget and cause the United
Nations budget for the biennium 2008-2009 to exceed the
revised United Nations budget level for the biennium 2006-
2007 of $4,173,895,900: Provided further, That any payment of
arrearages under this title shall be directed toward
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this
paragraph shall be available for a United States contribution
to an international organization for the United States share
of interest costs made known to the United States Government
by such organization for loans incurred on or after October
1, 1984, through external borrowings.
Contributions for International Peacekeeping Activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $1,352,000,000, of which 15 percent shall remain
available until September 30, 2009: Provided, That at least
15 days in advance of voting in the United Nations Security
Council (or in an emergency as far in advance as is
practicable) for any new or expanded United Nations
peacekeeping mission, the Secretary of State shall, with
regard to any new or expanded mission, notify the Committees
on Appropriations and other appropriate Committees of the
Congress of its estimated cost and duration, the United
States national interest that will be served, the planned
exit strategy, the specific measures the United Nations is
taking to prevent United Nations employees, contractor
personnel, and peacekeeping forces serving in any such
mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual
exploitation, and to hold accountable individuals who engage
in such acts while participating in the peacekeeping mission;
and a notification of funds pursuant to section 615 of this
Act is submitted, and the procedures therein followed,
setting forth the source of funds that will be used to pay
for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping
expenses only after a determination by the Secretary of State
that American manufacturers and suppliers are being given
opportunities to provide equipment, services, and material
for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$30,430,000.
Construction
For detailed plan preparation and construction of
authorized projects, $88,425,000, to remain available until
expended, as authorized, of which, $100,000 may be made
available to repair, relocate, or replace fencing along the
international border between the United States and Mexico:
Provided, That of the funds appropriated under this heading,
up to $400,000 should be made available for the repair or
replacement of the Nogales Wash Flood Control Project and
International Outfall Interceptor, of which up to $66,000,000
shall be made available only for construction in the United
States of secondary wastewater treatment capability.
American Sections, International Commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $11,250,000,
of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.
International Fisheries Commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $27,054,000: Provided, That the United States' share of
such expenses may be advanced to the respective commissions
pursuant to 31 U.S.C. 3324: Provided further, That funds
appropriated under this heading shall be available for
programs in the amounts contained in the table included in
the report accompanying this Act and no proposal for
deviation from those amounts shall be considered.
Other
Payment to the Asia Foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $16,000,000, to remain
available until expended, as authorized.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2008, to remain available until expended.
[[Page H15530]]
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2008, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2008, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $20,000,000: Provided,
That none of the funds appropriated herein shall be used to
pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
RELATED AGENCIES
Broadcasting Board of Governors
International Broadcasting Operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease,
and installation and operation of necessary equipment,
including aircraft, for radio and television transmission and
reception to Cuba, and to make and supervise grants for radio
and television broadcasting to the Middle East, $662,727,000:
Provided, That of the total amount in this heading, not to
exceed $16,000 may be used for official receptions within the
United States as authorized, not to exceed $35,000 may be
used for representation abroad as authorized, and not to
exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty;
and in addition, notwithstanding any other provision of law,
not to exceed $2,000,000 in receipts from advertising and
revenue from business ventures, not to exceed $500,000 in
receipts from cooperating international organizations, and
not to exceed $1,000,000 in receipts from privatization
efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for
carrying out authorized purposes.
Broadcasting Capital Improvements
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$10,748,000, to remain available until expended, as
authorized.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $499,000, as
authorized by section 1303 of Public Law 99-83.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,000,000, to remain available until September 30,
2009.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,037,000, to remain available until September 30, 2009.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2009.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $2,962,000, including not
more than $3,000 for the purpose of official representation,
to remain available until September 30, 2008: Provided, That
funds appropriated under this heading shall only be available
for obligation in accordance with a spending plan submitted
to the Committees on Appropriations which effectively
addresses the recommendations of the Government
Accountability Office's audit of the Commission: Provided
further, That the Commission shall provide to the Committees
on Appropriations a quarterly accounting of the cumulative
balances of any unobligated funds that were received by the
Commission during any previous fiscal year.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-99; 118 Stat. 448), $150,000, to remain
available until September 30, 2009.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $25,000,000, to remain available until September 30,
2009.
GENERAL PROVISIONS--THIS TITLE
allowances and differentials
Sec. 101. Funds appropriated under this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5,
United States Code; for services as authorized by 5 U.S.C.
3109; and for hire of passenger transportation pursuant to 31
U.S.C. 1343(b).
unobligated balances report
Sec. 102. The Department of State and the Broadcasting
Board of Governors shall provide to the Committees on
Appropriations a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such
agency during any previous fiscal year.
embassy construction
Sec. 103. (a) Except as provided in subsection (b), a
project to construct a diplomatic facility of the United
States may not include office space or other accommodations
for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency
has not provided to the Department of State the full amount
of funding required by subsection (e) of section 604 of the
Secure Embassy Construction and Counterterrorism Act of 1999
(as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act; 113 Stat. 1501A-
453), as amended by section 629 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United
States may include office space or other accommodations for
members of the Marine Corps.
peacekeeping missions
Sec. 104. None of the funds made available under title I of
this Act may be used for any United Nations undertaking when
it is made known to the Federal official having authority to
obligate or expend such funds that: (1) the United Nations
undertaking is a peacekeeping mission; (2) such undertaking
will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
Denial of Visas
Sec. 105. (a) None of the funds appropriated or otherwise
made available under this Act shall be expended for any
purpose for which appropriations are prohibited by section
616 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2008.
UNITED STATES CITIZENS BORN IN JERUSALEM
Sec. 106. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
state department authorities
Sec. 107. Funds appropriated under this Act for the
Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 15 of
the State Department Basic Authorities Act of 1956, section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of
the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Restriction on Contributions to the United Nations
Sec. 108. None of the funds appropriated or otherwise made
available under any title of this Act may be made available
to make any assessed contribution or voluntary payment of the
United States to the United Nations if the United Nations
implements or imposes any taxation on any United States
persons.
Personnel Actions
Sec. 109. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 615 of
title VI of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
[[Page H15531]]
restrictions on united nations delegations
Sec. 110. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to
any specialized agency, body, or commission of the United
Nations if such commission is chaired or presided over by a
country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has
provided support for acts of international terrorism.
Palestinian Broadcasting Corporation
Sec. 111. None of the funds appropriated or otherwise made
available in this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
Attendance at International Conferences
Sec. 112. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government who are stationed in the United States, at
any single international conference occurring outside the
United States, unless the Secretary of State determines that
such attendance is in the national interest: Provided, That
for purposes of this section the term ``international
conference'' shall mean a conference attended by
representatives of the United States Government and
representatives of foreign governments, international
organizations, or nongovernmental organizations.
PEACEKEEPING ASSESSMENT
Sec. 113. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, as amended (22
U.S.C. 287e note) is further amended at the end by adding the
following:
``(v) For assessments made during calendar year 2008, 27.1
percent.''
alhurra broadcasting
Sec. 114. Funds appropriated by this Act, and any
subsequent emergency supplemental appropriations Act for
fiscal year 2008, may be made available for the programs and
activities of Alhurra only if the Secretary of State
certifies and reports to the Committees on Appropriations
that Alhurra does not advocate on behalf of any organization
that the Secretary knows, or has reason to believe, engages
in terrorist activities.
Sec. 115. Commission Financial Management. (a) Term
Limits.--Section 1238(b)(3) of Public Law 106-398 is amended
by striking subparagraph (G) and inserting the following:
``(G) a member of the Commission may not be reappointed for
an additional term of service if that member has twice been
appointed to the Commission; and''.
(b) Requirement for Performance Reviews.--The United
States-China Economic and Security Review Commission shall
comply with chapter 43 of title 5, United States Code,
regarding the establishment and regular review of employee
performance appraisals.
(c) Limitation on Cash Awards.--The United States-China
Economic and Security Review Commission shall comply with
section 4505a of title 5, United States Code, with respect to
limitations on payment of performance-based cash awards.
(d) Annual Financial Audit.--The Commission shall provide
to Congress an annual comprehensive independent financial
audit of all obligations and expenditures, not later than
June 30 each year hereafter.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
Sec. 116. (a) The amount appropriated or otherwise made
available by this title under the heading ``Commission on
Security and Cooperation in Europe'' is hereby increased by
$333,000.
(b) The amount appropriated or otherwise made available by
this title for the Department of State under the heading
``diplomatic and consular programs'' is hereby reduced by
$333,000.
Cooperation With the Government of Mexico
Sec. 117. (a) Cooperation Regarding Border Security.--The
Secretary of State, in cooperation with the Secretary of
Homeland Security and representatives of Federal, State, and
local law enforcement agencies that are involved in border
security and immigration enforcement efforts, should work
with the appropriate officials from the Government of Mexico
to improve coordination between the United States and Mexico
regarding--
(1) improved border security along the international border
between the United States and Mexico;
(2) the reduction of human trafficking and smuggling
between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between
the United States and Mexico;
(4) the reduction of gang membership in the United States
and Mexico;
(5) the reduction of violence against women in the United
States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--
The Secretary of State, in cooperation with other appropriate
Federal officials, should work with the appropriate officials
from the Government of Mexico to carry out activities to
educate citizens and nationals of Mexico regarding
eligibility for status as a nonimmigrant under Federal law to
ensure that the citizens and nationals are not exploited
while working in the United States.
(c) Cooperation Regarding Circular Migration.--The
Secretary of State, in cooperation with the Secretary of
Labor and other appropriate Federal officials, should work
with the appropriate officials from the Government of Mexico
to improve coordination between the United States and Mexico
on the development of economic opportunities and providing
job training for citizens and nationals in Mexico.
(d) Annual Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
describing the actions taken by the United States and Mexico
pursuant to this section.
REPORT REGARDING USE OF LEVEES
Sec. 118. Not later than 90 days after the date of
enactment of this Act, the United States Commissioner of the
International Boundary and Water Commission, in cooperation
and coordination with the Secretary of Homeland Security and
the Chief of Engineers of the United States Army Corps of
Engineers, shall submit to Congress a report regarding the
use by U.S. Customs and Border Protection of flood control
levees under the control of the International Boundary and
Water Commission, which shall--
(1) discuss the purpose and importance of--
(A) any such use of such levees ongoing on the date of
enactment of this Act; and
(B) any anticipated such use of such levees after the date
of enactment of this Act;
(2) describe the frequency and means of, and approximate
number of officers and employees of the U.S. Customs and
Border Protection who, access such levees;
(3) describe the level of degradation of such levees as a
result of such use; and
(4) identify any formal agreements that may be needed
between the Department of Homeland Security and the
International Boundary and Water Commission or the Department
of State to ensure needed access to such levees.
department of state inspector general
Sec. 119. (a) Link to Office of Inspector General From
Homepage of Department of State.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State shall establish and maintain on the homepage of the
Internet website of the Department of State a direct link to
the Internet website of the Office of Inspector General of
the Department of State.
(b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not
later than 30 days after the date of the enactment of this
Act, the Inspector General of the Department of State shall
establish and maintain on the homepage of the Internet
website of the Office of Inspector General a mechanism by
which individuals can anonymously report cases of waste,
fraud, or abuse with respect to the Department of State.
CONSULAR OPERATIONS
Sec. 120. (a) The Secretary of State shall establish visa
processing facilities in Iraq within 180 days of enactment of
this Act in which aliens may apply and interview for
admission to the United States.
(b) The Secretary of State shall report to the Congress no
later than 30 days after enactment of this Act on funding and
security requirements for consular operations in Iraq in
fiscal year 2008.
REFERENCES
Sec. 121. Except as otherwise provided in this title, any
reference in this title to ``this Act'' shall be deemed to be
a reference only to title I.
TITLE II
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $1,000,000, to remain available until
September 30, 2009.
Loans Program Account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act: Provided further, That
notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall
remain in effect through October 1, 2008: Provided further,
That 10 percent of the aggregate loan, guarantee, and
insurance authority available to the Export-Import Bank under
this or any prior Act should be used for renewable energy and
environmentally beneficial products and services.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $68,000,000, to
remain available until September 30, 2011: 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 such sums shall remain
available until September 30, 2026, for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2008, 2009, 2010, and 2011:
Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign
operations, export financing, and related programs for tied-
aid credits or grants may be used
[[Page H15532]]
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-
Import Bank Act of 1945, in connection with the purchase or
lease of any product by any Eastern European country, any
Baltic State or any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, $78,000,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical
services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has
been made: Provided further, That notwithstanding subsection
(b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October
1, 2008.
RECEIPTS COLLECTED
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount
appropriated herein, shall be credited as offsetting
collections to this account: Provided, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as
to result in a final fiscal year appropriation from the
General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2008 in excess of obligations, up to
$50,000,000, shall become available October 1, 2008 and shall
remain available until September 30, 2011.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $47,500,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $21,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: 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 such sums shall be available
for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2008, 2009, and 2010:
Provided further, That funds so obligated in fiscal year 2008
remain available for disbursement through 2016; funds
obligated in fiscal year 2009 remain available for
disbursement through 2017; funds obligated in fiscal year
2010 remain available for disbursement through 2018: Provided
further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification
procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$50,400,000, to remain available until September 30, 2009.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2008,
unless otherwise specified herein, as follows:
global health programs
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $6,621,425,000, to
remain available until September 30, 2009: Provided, That
this amount shall be made available for such activities as:
(1) child survival programs; (2) immunization and oral
rehydration programs; (3) other health, nutrition, water and
sanitation programs which directly address the needs of
mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other
than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio,
malaria, and other infectious diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
displaced or orphaned by AIDS; and (6) family planning/
reproductive health: Provided further, That none of the funds
appropriated under this heading may be made available for
nonproject assistance, except that funds may be made
available for such assistance for ongoing health activities:
Provided further, That of the funds appropriated under this
heading, not to exceed $350,000, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of child survival, maternal and family
planning/reproductive health, and infectious disease
programs: Provided further, That the following amounts should
be allocated as follows: $450,000,000 for child survival and
maternal health; $15,000,000 for vulnerable children;
$724,675,000 for other infectious diseases, including
$200,000,000 for tuberculosis control, of which $15,000,000
shall be used for the Global TB Drug Facility; and
$395,000,000 for family planning/reproductive health,
including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this heading, $75,000,000 should
be made available for a United States contribution to The
GAVI Fund, and up to $6,000,000 may be transferred to and
merged with funds appropriated by this Act under the heading
``Operating Expenses of the United States Agency for
International Development'' for costs directly related to
global health, but funds made available for such costs may
not be derived from amounts made available for contribution
under this and preceding provisos: Provided further, That
none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President, supports, or participates in the management
of, a program of coercive abortion or involuntary
sterilization: Provided further, That none of the funds made
available under this Act may be used to pay for the
performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided
further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under
this Act may be used to lobby for or against abortion:
Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only
for voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services
with proven effectiveness, and that any such voluntary family
planning project shall meet the following requirements: (1)
service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include
the use of quantitative estimates or indicators for budgeting
and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial
reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for
achieving a numerical target or quota of total number of
births, number of family planning acceptors, or acceptors of
a particular method of family planning; (3) the project shall
not deny any right or benefit, including the right of access
to participate in any program of general welfare or the right
of access to health care, as a consequence of any
individual's decision not to accept family planning services;
(4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks
of the method chosen, including those conditions that might
render the use of the method inadvisable and those adverse
side effects known to be consequent to the use of the method;
and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits;
and, not less than 60 days after the date on which the
Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs,
the term ``motivate'', as it relates to family planning
assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about
all pregnancy options: Provided further, That to the maximum
extent practicable, taking into consideration cost, timely
availability, and best health practices, funds appropriated
in this Act or prior appropriations Acts that are made
available for condom procurement should be made available
only for the
[[Page H15533]]
procurement of condoms manufactured in the United States:
Provided further, That information provided about the use of
condoms as part of projects or activities that are funded
from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and
failure rates of such use.
Of the funds appropriated under this heading, for necessary
expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, including for children
displaced or orphaned by AIDS, $5,050,000,000, to remain
available until expended, of which $550,000,000 shall be made
available, notwithstanding any other provision of law, except
for the United States Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2003 (Public Law 108-25) for
a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria, and shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund
in fiscal year 2008 may be made available to the United
States Agency for International Development for technical
assistance related to the activities of the Global Fund:
Provided further, That of the funds appropriated by this
paragraph, up to $13,000,000 may be made available, in
addition to amounts otherwise available for such purposes,
for administrative expenses of the Office of the Global AIDS
Coordinator: Provided further, That the Global AIDS
Coordinator shall include in each country operational plan
for fiscal year 2008 a health workforce strategy for meeting
HIV/AIDS goals without reducing the capacity of the country
to meet other health needs, particularly child survival and
maternal health: Provided further, That of the funds
appropriated by this paragraph, not less than $45,000,000
shall be made available to support the development of
microbicides as a means for combating HIV/AIDS, and not less
than $40,000,000 shall be made available for a United States
contribution to UNAIDS: Provided further, That funds made
available under this heading shall be made available
notwithstanding the second sentence of section 403(a) of
Public Law 108-25.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,455,000,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading
that are made available for assistance programs for displaced
and orphaned children and victims of war, not to exceed
$43,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of
such programs: Provided further, That of the funds
appropriated by this Act, not less than $250,000,000 shall be
made available for microenterprise and microfinance
development programs for the poor, especially women: Provided
further, That of the funds appropriated under this heading,
not less than $29,000,000 shall be made available for
Collaborative Research Support Programs: Provided further,
That of the funds appropriated under this heading, $750,000
shall be made available to implement 7 U.S.C. section 1736g-
2(a)(2)(C) to improve food aid product quality and nutrient
delivery: Provided further, That of the funds appropriated
under this heading, not less than $22,000,000 should be made
available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated
under this heading, $12,000,000 should be made available for
cooperative development programs within the Office of Private
and Voluntary Cooperation: Provided further, That of the
funds appropriated in this Act, not less than $300,000,000
shall be made available for safe drinking water and
sanitation supply projects only to implement the Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109-121), of
which not less than $125,000,000 should be made available for
such projects in Africa including drilling wells in northern
Niger, Mali and elsewhere in the African Sahel region.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $322,350,000, to remain available
until expended, of which $20,000,000 should be for famine
prevention and relief.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$50,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
President determines that it is important to the national
interests of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees
on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000 may be derived by transfer
from funds appropriated by this Act to carry out part I of
such Act and under the heading ``Assistance for Eastern
Europe and the Baltic States'': Provided, That such funds
shall be made available only for micro and small enterprise
programs, urban programs, and other programs which further
the purposes of part I of the Act: Provided further, That
such costs, including the cost of modifying such direct and
guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans
under this Act or prior Acts, and funds used for such costs
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,920,000, which may be
transferred to and merged with the appropriation for
Operating Expenses of the United States Agency for
International Development: Provided, That funds made
available under this heading shall remain available until
September 30, 2010.
operating expenses of the united states agency for international
development
(including transfer of funds)
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$645,700,000, of which up to $25,000,000 may remain available
until September 30, 2009: Provided, That none of the funds
appropriated under this heading and under the heading
``Capital Investment Fund'' may be made available to finance
the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by
the United States Agency for International Development,
unless the Administrator has identified such proposed
construction (including architect and engineering services),
purchase, or long-term lease of offices in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where the
total cost of construction (including architect and
engineering services), purchase, or long-term lease of
offices does not exceed $1,000,000: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading may entail commitments for the expenditure
of such funds through fiscal year 2009: Provided further,
That any decision to open a new overseas mission or office of
the United States Agency for International Development or,
except where there is a substantial security risk to mission
personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses of the United States Agency for
International Development'' in accordance with the provisions
of those sections.
Capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $90,508,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available for
obligation only pursuant to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading,
not to exceed $75,144,500 may be made available for the
purposes of implementing the Capital Security Cost Sharing
Program.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$38,000,000, to remain available until September 30, 2009,
which sum shall be available for the Office of the Inspector
General of the United States Agency for International
Development.
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$3,015,000,000, to remain available until September 30, 2009:
Provided, That funds appropriated under this heading that are
available for Egypt shall be provided
[[Page H15534]]
with the understanding that Egypt will undertake significant
economic and democratic reforms which are additional to those
which were undertaken in previous fiscal years, including the
benchmarks accompanying the ``Financial Sector Reform
Memorandum of Understanding'' dated March 20, 2005: Provided
further, That with respect to the provision of assistance for
Egypt for democracy, human rights and governance activities,
the organizations implementing such assistance and the
specific nature of that assistance shall not be subject to
the prior approval by the Government of Egypt: Provided
further, That of the funds appropriated under this heading
that are available for assistance for Egypt, not less than
$15,000,000 should be made available for democracy, human
rights and governance programs and not less than $50,000,000
should be used for education programs, of which not less than
$10,000,000 should be made available for scholarships for
Egyptian students with high financial need to attend United
States accredited institutions of higher education in Egypt:
Provided further, That funds appropriated under this heading
that are available for assistance for Cyprus should be used
only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That of the funds
appropriated under this heading, $363,547,000 shall be made
available for assistance for Jordan: Provided further, That
of the funds appropriated under this heading, $75,000,000
shall be made available for assistance for the West Bank and
Gaza, of which not to exceed $2,000,000 may be used for
administrative expenses of the United States Agency for
International Development, in addition to funds otherwise
available for such purposes, to carry out programs in the
West Bank and Gaza: Provided further, That of the funds
appropriated under this heading, not less than $30,000,000
shall be made available for assistance for the Philippines
and not less than $10,700,000 shall be made available for
assistance for Vietnam: Provided further, That $45,000,000 of
the funds appropriated under this heading shall be made
available for assistance for Lebanon, of which not less than
$10,000,000 should be made available for scholarships and
direct support of United States educational institutions in
Lebanon, and of which not less than $500,000 shall be made
available to the United States Forest Service for forest
management and wildlife conservation programs in Lebanon:
Provided further, That of the funds appropriated under this
heading, not less than $5,000,000 shall be made available for
the fund established by section 2108 of Public Law 109-13:
Provided further, That of the funds appropriated under this
heading, $3,000,000 shall be made available for programs to
promote democracy and human rights in North Korea: Provided
further, That of the funds appropriated under this heading
for assistance for Cambodia, $15,000,000 shall be made
available to support, democracy, the rule of law, and human
rights in Cambodia, including assistance for democratic
political parties: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be made available for programs and activities in the
Central Highlands of Vietnam: Provided further, That of the
funds appropriated under this heading for the Middle East
Partnership Initiative, not less than $5,000,000 shall be
made available to rescue Iraqi scholars: Provided further,
That of the funds appropriated under this heading that are
available for assistance for the Democratic Republic of
Timor-Leste, up to $1,000,000 may be available for
administrative expenses of the United States Agency for
International Development in addition to amounts otherwise
made available for such purposes: Provided further, That of
the funds appropriated under this heading, not less than
$12,000,000 shall be made available for a United States
contribution to the Special Court for Sierra Leone, not less
than $3,000,000 shall be made available for a United States
contribution to the Extractive Industries Transparency
Initiative Trust Fund, not less than $3,000,000 shall be made
available to support implementation of the Kimberley Process
Certification Scheme with an emphasis on support for regional
efforts to combat cross-border smuggling and for monitoring
by civil society groups, not less than $4,000,000 should be
made available for a United States contribution to the
International Commission Against Impunity in Guatemala, not
less than $2,500,000 shall be made available for East Asia
and Pacific Environmental Initiatives, and not less than
$5,000,000 shall be made available for programs to protect
biodiversity in Colombia's national parks and indigenous
reserves: Provided further, That funds appropriated under
this heading that are made available for a Middle East
Financing Facility, Middle East Enterprise Fund, or any other
similar entity in the Middle East shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds
appropriated under this heading, not less than $10,000,000
shall be made available for labor and environmental capacity
building activities relating to the free trade agreements
with the countries of Central America and the Dominican
Republic: Provided further, That of the funds appropriated
under this heading, $45,700,000 should be made available to
promote democracy in Cuba, and to assist the pro-democracy
movement in Cuba: Provided further, That of the funds
appropriated under this heading, not less than $10,000,000
should be made available for (1) programs to locate and
identify persons missing as a result of armed conflict,
violations of human rights, or natural disasters; (2) to
assist governments in meeting their obligations regarding
missing persons; and (3) to support investigations and
prosecutions related to war crimes, crimes against humanity,
genocide and other crimes under international law: Provided
further, That of the funds appropriated under this heading,
not more than $500,000 should be made available for the
Department of Energy's National Nuclear Security
Administration to support initiatives which bring together
public officials and private individuals from nations
involved in the Six-Party Talks for informal discussions on
resolving the North Korea nuclear issue.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $294,568,000, to
remain available until September 30, 2009, which shall be
available, notwithstanding any other provision of law, for
assistance and for related programs for Eastern Europe and
the Baltic States.
(b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(c) The provisions of section 628 of this Act shall apply
to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 628 of this Act, local currencies
generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available
for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
assistance for the independent states of the former soviet union
For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $401,885,000, to remain available until September
30, 2009: Provided, That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided
further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of
law, for confidence-building measures and other activities in
furtherance of the peaceful resolution of regional conflicts,
especially those in the vicinity of Abkhazia and Nagorno-
Karabagh: Provided further, That of the funds appropriated
under this heading, not less than $8,000,000 shall be made
available for humanitarian, conflict mitigation, human
rights, civil society, and relief and recovery assistance for
Chechnya, Ingushetia, Dagestan, and North Ossetia-Alania in
the North Caucasus: Provided further, That of the funds
appropriated under this heading that are available for
assistance for Russia, not less than $500,000 shall be made
available to the United States Forest Service for forest
management and wildlife conservation programs in the Russian
Far East: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, that are
made available pursuant to the provisions of section 807 of
Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses.
Independent Agencies
Inter-American Foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$22,000,000, to remain available until September 30, 2009.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980, Public Law 96-533, $30,000,000, to remain available
until September 30, 2009: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of
the African Development Foundation Act, (1) in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project and (2) a project may exceed the
limitation by up to $10,000 if the increase is due solely to
foreign currency fluctuation: Provided further, That the
Foundation shall provide a report to the Committees on
Appropriations after each time such waiver authority is
exercised.
peace corps
(Including Transfer of Funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not
to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States, $323,500,000,
to remain available until September 30, 2009: Provided, That
none of the funds appropriated under this heading shall be
used to pay for abortions: Provided further, That the
Director may transfer to the Foreign Currency Fluctuations
Account, as authorized by 22 U.S.C. 2515, an amount not to
exceed $2,000,000: Provided further, That funds transferred
pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations.
[[Page H15535]]
Millennium Challenge Corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $1,200,000,000, to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $75,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation: Provided further, That up to 10
percent of the funds appropriated under this heading may be
made available to carry out the purposes of section 616 of
the Millennium Challenge Act of 2003 for candidate countries
for fiscal year 2008: Provided further, That none of the
funds available to carry out section 616 of such Act may be
made available until the Chief Executive Officer of the
Millennium Challenge Corporation provides a report to the
Committees on Appropriations listing the candidate countries
that will be receiving assistance under section 616 of such
Act, the level of assistance proposed for each such country,
a description of the proposed programs, projects and
activities, and the implementing agency or agencies of the
United States Government: Provided further, That section
605(e)(4) of the Millennium Challenge Act of 2003 shall apply
to funds appropriated under this heading: Provided further,
That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of
2003 only if such Compact obligates not more than 50 percent
of the entire amount of the United States Government funding
anticipated for the duration of the Compact, or contains a
commitment to obligate subject to the availability of funds
and the mutual agreement of the parties to the Compact to
proceed the entire amount of the United States Government
funding anticipated for the duration of the Compact.
Department of State
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the promotion of
democracy globally, $177,000,000, of which the following
amounts shall be made available, subject to the regular
notification procedures of the Committees on Appropriations,
until September 30, 2010--
(1) $75,000,000 for the Human Rights and Democracy Fund of
the Bureau of Democracy, Human Rights and Labor, Department
of State, of which $15,000,000 shall be for democracy and
rule of law programs in the People's Republic of China, Hong
Kong, and Taiwan: Provided, That assistance for Taiwan should
be matched from sources other than the United States
Government: Provided further, That $10,000,000 shall be made
available for programs and activities for the promotion of
democracy in countries located outside the Middle East region
with a significant Muslim population, and where such programs
and activities would be important to United States efforts to
respond to, deter, or prevent acts of international
terrorism: Provided further, That funds used for such
purposes should support new initiatives and activities in
those countries; and
(2) $102,000,000 for the National Endowment for Democracy:
Provided, That of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for the Independent States of the
Former Soviet Union'', an additional $18,000,000 shall be
made available for the programs and activities of the
National Endowment of Democracy.
(b) Funds appropriated by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of this or any other Act
and, with regard to the National Endowment for Democracy, any
regulation. Funds appropriated under this heading are in
addition to funds otherwise available for such purposes.
(c) The Assistant Secretary of State for Democracy, Human
Rights and Labor shall be responsible for--
(1) all policy, funding, and programming decisions
regarding funds made available in this Act and subsequent
Acts making appropriations for the Department of State,
foreign operations, export financing, and related programs
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor; and
(2) the development of strategies for the promotion of
democracy globally and the coordination of democracy programs
between the United States Department of State and the United
States Agency for International Development.
(d) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the
rule of law, and otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states, institutions, and practices
that are responsive and accountable to citizens.
(e) Any contract, grant or cooperative agreement (or any
amendment to any contract, grant, or cooperative agreement)
in excess of $2,500,000 for the promotion of democracy under
this Act shall be subject to the regular notification
procedures of the Committees on Appropriations.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $558,449,000, to remain
available until September 30, 2010: Provided, That during
fiscal year 2008, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of
1961, without regard to its restrictions, to receive excess
property from an agency of the United States Government for
the purpose of providing it to a foreign country under
chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall provide
to the Committees on Appropriations not later than 45 days
after the date of the enactment of this Act and prior to the
initial obligation of funds appropriated under this heading,
a report on the proposed uses of all funds under this heading
on a country-by-country basis for each proposed program,
project, or activity: Provided further, That of the funds
appropriated under this heading, not less than $19,000,000
shall be made available for training programs and activities
of the International Law Enforcement Academies: Provided
further, That funds appropriated under this heading shall be
made available for training of foreign law enforcement and
judicial personnel in the prevention of violence and
discrimination on account of sexual orientation or gender
identity: Provided further, That of the funds appropriated
under this heading, not less than $10,500,000 should be made
available for programs to combat trafficking in persons and
migrant smuggling: Provided further, That of the funds
appropriated under this heading, not more than $38,000,000
may be available for administrative expenses.
Andean programs
(including transfer of funds)
(a) For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug,
economic and social development, rule of law, and other
activities in the Andean region of South America,
$415,050,000, to remain available until September 30, 2010.
(b) In fiscal year 2008, funds available to the Department
of State for assistance to the Government of Colombia may be
made available to support a unified campaign against drug
trafficking, against activities by organizations designated
as Foreign Terrorist Organizations, and to take actions to
protect human health and welfare in emergency circumstances,
including undertaking rescue operations: Provided, That this
authority shall cease to be effective if the Secretary of
State has credible evidence that the Colombian Armed Forces
are not conducting vigorous operations to restore civilian
government authority and respect for human rights in areas
under the effective control of paramilitary organizations or
successor armed groups: Provided further, That the President
shall ensure that if any helicopter procured with funds under
this heading is used to aid or abet the operations of any
such organization, the helicopter shall be immediately
returned to the United States: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply
to funds appropriated under this heading: Provided further,
That assistance provided with funds appropriated under this
heading that is made available notwithstanding section 482(b)
of the Foreign Assistance Act of 1961 shall be made available
subject to the regular notification procedures of the
Committees on Appropriations.
(c) Of the funds appropriated under this heading that are
available for assistance for Colombia, not less than
$22,000,000 shall be made available for the Office of the
Attorney General, of which $5,000,000 shall be for the Human
Rights Unit, $5,000,000 shall be for the Justice and Peace
Unit, $9,000,000 shall be used to develop a witness
protection program for victims of armed groups, and
$3,000,000 shall be for investigations of mass graves and
identification of remains: Provided further, That of the
funds appropriated under this heading that are available for
assistance for Colombia, $5,000,000 shall be for the Office
of the Procuraduria General de la Nacion, $3,000,000 shall be
for the Office of the Defensoria del Pueblo, and $750,000
shall be made available for a United States contribution to
the Office of the United Nations High Commissioner for Human
Rights in Colombia to support monitoring and public reporting
of human rights conditions in the field.
(d) Funds appropriated by this Act that are available for
aerial eradication of coca in Colombia may be made available
only for targeted eradication in specific areas and only if
the Secretary of State certifies to the Committees on
Appropriations that manual eradication in such areas is not
practicable and that aerial eradication will not contribute
to a significant loss of biodiversity: Provided, That not
more than 20 percent of such funds may be made available
unless the Secretary of State certifies to the Committees on
Appropriations that: (1) the herbicide is being used in
accordance with EPA label requirements for comparable use in
the United States and with Colombian laws; and (2) the
herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the
environment including endemic species: Provided further, That
such funds may not be made available unless the Secretary of
State certifies to the Committees on Appropriations that
complaints of harm to health or licit crops caused by such
aerial eradication are thoroughly evaluated and fair
compensation is being paid in a timely manner for meritorious
claims, and the Secretary submits a report to the Committees
on Appropriations detailing all claims, evaluations, and
compensation paid during the twelve month period prior to the
date of enactment of this Act: Provided further, That such
funds may not be made available for such purposes unless
programs are being implemented by the United States Agency
for International Development, the Government of Colombia, or
other organizations, in consultation and coordination with
local communities, to provide alternative sources of income
in municipalities where security permits for small-acreage
growers whose illicit crops are targeted for aerial
eradication: Provided further, That funds appropriated by
this Act may be used for aerial eradication in Colombia's
national parks or reserves only if the Secretary of State
certifies
[[Page H15536]]
to the Committees on Appropriations on a case-by-case basis
that there are no practicable alternatives and the
eradication is conducted in accordance with Colombian laws:
Provided further, That of the funds appropriated under this
heading that are available for Colombia, $10,000,000 shall be
transferred to, and merged with, funds appropriated under the
heading ``Foreign Military Financing Program'' and shall be
made available only for assistance for the Colombian military
to provide security for manual eradication programs,
including in national parks: Provided further, That none of
the funds appropriated by this Act shall be made available
for the cultivation or processing of African oil palm, if
doing so would contribute to significant loss of native
species, disrupt or contaminate natural water sources, reduce
local food security, or cause the forced displacement of
local people.
(e) No United States Armed Forces personnel or United
States civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available by this Act for Colombia.
(f) Rotary and fixed wing aircraft supported with funds
appropriated under this heading for assistance for Colombia
should be used for drug eradication and interdiction
including to transport personnel in connection with manual
eradication programs, and to provide transport in support of
alternative development programs and investigations of cases
under the jurisdiction of the Attorney General, the
Procuraduria General de la Nacion, and the Defensoria del
Pueblo.
(g) Funds appropriated under this heading that are made
available for assistance for the Bolivian military and police
may be made available for such purposes only if the Secretary
of State certifies to the Committees on Appropriations that
the Bolivian military and police are respecting human rights,
and civilian judicial authorities are investigating and
prosecuting, with the full cooperation, military and police
personnel who have been implicated in the military and police
gross violations of human rights.
(h) Of the funds appropriated under this heading, not more
than $16,000,000 may be available for administrative expenses
of the Department of State, and not more than $8,000,000 may
be available, in addition to amounts otherwise available for
such purposes, for administrative expenses of the United
States Agency for International Development.
(i) The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the
proposed uses of all funds under this heading on a country-
by-country basis for each proposed program, project, or
activity.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $889,000,000,
to remain available until expended: Provided, That not more
than $23,000,000 may be available for administrative
expenses: Provided further, That $40,000,000 of the funds
made available under this heading shall be made available for
refugees resettling in Israel: Provided further, That funds
made available under this heading shall be made available for
assistance for refugees from North Korea.
United States Emergency Refugee and Migration Assistance Fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $45,000,000, to remain
available until expended: Provided, That funds made available
under this heading are appropriated notwithstanding the
provisions contained in section 2(c)(2) of such Act which
would limit the amount of funds which could be appropriated
for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$499,000,000, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and
related activities, notwithstanding any other provision of
law, including activities implemented through nongovernmental
and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution
to the International Atomic Energy Agency (IAEA), and for a
United States contribution to the Comprehensive Nuclear Test
Ban Treaty Preparatory Commission: Provided, That of this
amount not to exceed $32,000,000, to remain available until
expended, may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law,
to promote bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That of the funds appropriated under this heading,
not less than $30,000,000 shall be made available for the
Biosecurity Engagement Program: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the
activities of that Agency: Provided further, That of the
funds made available for demining and related activities, not
to exceed $700,000, in addition to funds otherwise available
for such purposes, may be used for administrative expenses
related to the operation and management of the demining
program: Provided further, That funds appropriated under this
heading that are available for ``Anti-terrorism Assistance''
and ``Export Control and Border Security'' shall remain
available until September 30, 2009.
Department of the Treasury
International Affairs Technical Assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$22,800,000, to remain available until September 30, 2010,
which shall be available notwithstanding any other provision
of law.
Debt Restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V
of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed
countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, of concessional loans, guarantees and credit
agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees
made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $200,300,000, to remain
available until September 30, 2010: Provided, That not less
than $20,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part V
of the Foreign Assistance Act of 1961: Provided further, That
amounts paid to the HIPC Trust Fund may be used only to fund
debt reduction under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the government of such
country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to
develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end:
Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary
of the Treasury shall inform the Committees on Appropriations
not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions:
Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC
Trust Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically
elected government has taken office.
[[Page H15537]]
support of foreign law enforcement efforts to locate united states
citizens kidnapped in areas affected by violent drug trafficking
Sec. 301. Funds appropriated or otherwise made available by
this title under the heading ``international narcotics
control and law enforcement'' should be available for the
support of efforts of foreign law enforcement authorities to
locate United States citizens who have been kidnapped in, or
are otherwise missing from, areas affected by violent drug
trafficking.
TITLE IV
MILITARY ASSISTANCE
Funds Appropriated to the President
International Military Education and Training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$85,877,000, of which up to $3,000,000 may remain available
until expended: Provided, That funds appropriated under this
heading shall not be available for Equatorial Guinea:
Provided further, That the civilian personnel for whom
military education and training may be provided under this
heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That funds
appropriated under this heading that are made available for
assistance for Angola, Cameroon, Central African Republic,
Chad, Cote d'Ivoire, Guinea, Libya, and Nepal may be made
available only for expanded international military education
and training: Provided further, That expanded international
military education and training may include English language
training for purposes of funds appropriated under this
heading: Provided further, That funds made available under
this heading for assistance for Haiti, Guatemala, the
Democratic Republic of the Congo, Sri Lanka, Ethiopia,
Bangladesh, Libya, Angola, and Nigeria may only be provided
through the regular notification procedures of the Committees
on Appropriations.
Foreign Military Financing Program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,579,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,400,000,000
shall be available for grants only for Israel: Provided
further, That the funds appropriated by this paragraph for
Israel shall be disbursed within 30 days of the enactment of
this Act or by October 31, 2007, whichever is later: Provided
further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made
available for Israel by this paragraph shall, as agreed by
Israel and the United States, be available for advanced
weapons systems, of which not less than $631,200,000 shall be
available for the procurement in Israel of defense articles
and defense services, including research and development:
Provided further, That of the funds appropriated by this
paragraph, $300,000,000 shall be made available for
assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not less than $8,413,000
shall be made available for assistance for Tunisia: Provided
further, That of the funds appropriated under this heading
that are available for assistance for Morocco, not more than
$2,000,000 may be obligated until the Secretary of State
certifies and reports to the Committees on Appropriations
that Moroccan Government authorities in the territory of the
Western Sahara have (1) ceased to persecute, detain, and
prosecute individuals for peacefully expressing their
opinions regarding the status and future of the Western
Sahara and for documenting violations of human rights; and
(2) provided unimpeded access to internationally recognized
human rights organizations, journalists, and representatives
of foreign governments to the Western Sahara: Provided
further, That of the funds appropriated under this heading,
not less than $1,300,000,000 shall be made available for
grants only for Egypt: Provided further, That funds made
available under this heading for assistance for Egypt should
be made available for counterterrorism and border security
programs in the Sinai: Provided further, That of the funds
appropriated under this heading that are available for
Colombia, $10,000,000 shall be made available for medical and
rehabilitation assistance, removal of landmines, and to
enhance communications capabilities: Provided further, That
funds appropriated or otherwise made available by this
paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code,
section 1501(a): Provided further, That 0.1 percent of the
funds appropriated under this heading shall be transferred to
and merged with funds appropriated under the heading
``Economic Support Fund'' to be made available to the Bureau
of Democracy, Human Rights and Labor, Department of State, to
ensure adequate monitoring of the use of assistance made
available under this heading in countries where such
monitoring is most needed, in addition to amounts otherwise
available for such purposes.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That none of the funds appropriated under this
heading shall be available for assistance for Sudan: Provided
further, That none of the funds appropriated under this
heading may be made available for assistance for Haiti,
Guatemala, Nepal, Sri Lanka, Pakistan, Bangladesh,
Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and
Democratic Republic of the Congo except pursuant to the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries
for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs
may utilize funds made available under this heading for
procurement of defense articles, defense services or design
and construction services that are not sold by the United
States Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not
more than $41,900,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including
the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs
of administering military assistance and sales: Provided
further, That not more than $395,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control
Act may be obligated for expenses incurred by the Department
of Defense during fiscal year 2008 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation
may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided
further, That foreign military financing program funds
estimated to be outlayed for Egypt during fiscal year 2008
may be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$273,200,000: Provided, That of the funds made available
under this heading, not less than $25,000,000 shall be made
available for a United States contribution to the
Multinational Force and Observers mission in the Sinai:
Provided further, That none of the funds appropriated under
this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
International Financial Institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $106,763,000 to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility (GEF), by the Secretary of the Treasury,
to remain available until expended.
Contribution to the International Development Association
For payment to the International Development Association by
the Secretary of the Treasury, $1,000,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading should not be obligated until the
Secretary of the Treasury reports to the Committees on
Appropriations that he has received written assurance from
the President of the World Bank that the bank's management
will not recommend or support any loan, grant, credit or
other financing for any infrastructure project which would
contribute to significant loss of tropical forest or
biodiversity.
Contribution to the Enterprise for the Americas Multilateral Investment
Fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to
remain available until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended, $65,000,000, to remain available until
expended.
Contribution to the African Development Bank
For payment to the African Development Bank by the
Secretary of the Treasury, $2,037,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $31,918,770.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $105,000,000, to remain available until
expended.
[[Page H15538]]
Contribution to the European Bank for Reconstruction and Development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $10,159 for the
United States share of the paid-in portion of the increase in
capital stock, to remain available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $18,072,000, to remain
available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $313,925,000: Provided, That of
the funds appropriated under this heading that are available
for the Organization of American States Fund for
Strengthening Democracy, $500,000 shall be subject to the
regular notification procedures of the Committees on
Appropriations.
TITLE VI
GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 601. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
allocations
Sec. 602. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries
in the amounts contained in the respective tables included in
the report accompanying this Act:
``Educational and Cultural Exchange Programs''.
``Embassy Security, Construction, and Maintenance''.
``International Fisheries Commissions''.
``International Broadcasting Operations''.
``Global Health Programs''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former
Soviet Union''.
``Democracy Fund''.
``Andean Programs''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the accompanying report shall be
subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
limitation on residence expenses
Sec. 603. Of the funds appropriated or made available
pursuant to title III of this Act, not to exceed $100,500
shall be for official residence expenses of the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of
dollars.
unobligated balances
Sec. 604. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide, upon request of the Committees on Appropriations, an
accurate accounting by program, project, and activity of the
funds received by such Department or Agency in this fiscal
year or any previous fiscal year that remain unobligated and
unexpended.
limitation on representational allowances
Sec. 605. Of the funds appropriated or made available
pursuant to this Act, not to exceed $250,000 shall be
available for representation and entertainment allowances, of
which not to exceed $5,000 shall be available for
entertainment allowances, for the United States Agency for
International Development during the current fiscal year:
Provided, That no such entertainment funds may be used for
the purposes listed in section 648 of this Act: Provided
further, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $4,000 shall be available for entertainment
expenses and not to exceed $130,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $55,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $4,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act under the heading ``United
States-China Economic and Security Review Commission'', not
to exceed $3,000 shall be available for official reception,
representation, and entertainment allowances: Provided
further, That of the funds made available by this Act for the
Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That
of the funds made available by this Act under the heading
``Trade and Development Agency'', not to exceed $4,000 shall
be available for representation and entertainment allowances:
Provided further, That of the funds made available by this
Act under the heading ``Millennium Challenge Corporation'',
not to exceed $115,000 shall be available for representation
and entertainment allowances.
prohibition on taxation of united states assistance
Sec. 606. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United
States shall be exempt from taxation, or reimbursed, by the
foreign government, and the Secretary of State shall
expeditiously seek to negotiate amendments to existing
bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2008 on funds appropriated by this Act by a foreign
government or entity against commodities financed under
United States assistance programs for which funds are
appropriated by this Act, either directly or through
grantees, contractors and subcontractors shall be withheld
from obligation from funds appropriated for assistance for
fiscal year 2009 and allocated for the central government of
such country and for the West Bank and Gaza Program to the
extent that the Secretary of State certifies and reports in
writing to the Committees on Appropriations that such taxes
have not been reimbursed to the Government of the United
States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not
assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States assistance or
which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the policy of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to
any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities
financed with United States assistance for programs for which
funds are appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.
prohibition against direct funding for certain countries
Sec. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
North Korea, Iran, or Syria: Provided, That for purposes of
this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
military coups
Sec. 608. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
military coup or decree: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office:
[[Page H15539]]
Provided further, That the provisions of this section shall
not apply to assistance to promote democratic elections or
public participation in democratic processes: Provided
further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification
procedures of the Committees on Appropriations.
transfers
Sec. 609. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 104 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b)(1) Limitation on Transfers Between Agencies.--None of
the funds made available by this Act may be transferred to
any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other
appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of 1961.
(c) Transfers Between Accounts.--None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the
President provides notification in accordance with the
regular notification procedures of the Committees on
Appropriations.
(d) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of
the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of
the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program
and financial audits of the use of such funds: Provided, That
funds transferred under such authority may be made available
for the cost of such audits.
commercial leasing of defense articles
Sec. 610. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
availability of funds
Sec. 611. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
661, section 667, chapters 4, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the heading
``Assistance for Eastern Europe and the Baltic States'',
shall remain available for an additional 4 years from the
date on which the availability of such funds would otherwise
have expired, if such funds are initially obligated before
the expiration of their respective periods of availability
contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds
made available for the purposes of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy
reform objectives, shall remain available until expended:
Provided further, That the Director of the Trade and
Development Agency shall notify the Committees on
Appropriations not later than 15 days prior to any
reobligation of funds appropriated for the purposes of
section 661 of part II of the Foreign Assistance Act of 1961.
limitation on assistance to countries in default
Sec. 612. No part of any appropriation contained in this
Act shall be used to furnish assistance to the government of
any country which is in default during a period in excess of
1 calendar year in payment to the United States of principal
or interest on any loan made to the government of such
country by the United States pursuant to a program for which
funds are appropriated under this Act unless the President
determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the
national interest of the United States.
commerce and trade
Sec. 613. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 614. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
reprogramming notification requirements
Sec. 615. (a) None of the funds made available in all
titles of this Act, or in prior appropriations Acts to the
agencies and departments funded by this Act that remain
available for obligation or expenditure in fiscal year 2008,
or provided from any accounts in the Treasury of the United
States derived by the collection of fees or of currency
reflows or other offsetting collections, or made available by
transfer, to the agencies and departments funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) closes or opens a mission or
post; (6) reorganizes or renames offices; (7) reorganizes
programs or activities; or (8) contracts out or privatizes
any functions or activities presently performed by Federal
employees; unless the Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under
previous appropriations Acts to the agencies or department
funded under title I of this Act that remain available for
obligation or expenditure in fiscal year 2008, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
or department funded by title I of this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $750,000 or ten percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by ten percent
as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel,
which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through V of this Act for
``Global Health Programs'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and
Law Enforcement'', ``Andean Programs'', ``Assistance for
Eastern Europe and the Baltic States'', ``Assistance for the
Independent States of the Former
[[Page H15540]]
Soviet Union'', ``Economic Support Fund'', ``Democracy
Fund'', ``Peacekeeping Operations'', ``Capital Investment
Fund'', ``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Millennium Challenge
Corporation'' (by country only), ``Foreign Military Financing
Program'', ``International Military Education and Training'',
``Peace Corps'', and ``Migration and Refugee Assistance'',
shall be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on
Appropriations of both Houses of Congress are previously
notified 15 days in advance: Provided, That the President
shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for
the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of
the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That this subsection shall not
apply to any reprogramming for an activity, program, or
project for which funds are appropriated under titles III or
IV of this Act of less than 10 percent of the amount
previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year.
(d) The requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
limitation on availability of funds for international organizations and
programs
Sec. 616. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
this Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related
programs, which are returned or not made available for
organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2009:
Provided, That section 307(a) of the Foreign Assistance Act
of 1961 is amended by striking ``Libya,''.
independent states of the former soviet union
Sec. 617. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(d)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation--
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(e) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
prohibition on funding for abortions and involuntary sterilization
Sec. 618. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
export financing transfer authorities
Sec. 619. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2008, for programs under title II of this Act may
be transferred between such appropriations for use for any of
the purposes, programs, and activities for which the funds in
such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.
special notification requirements
Sec. 620. None of the funds appropriated by this Act shall
be obligated or expended for assistance for Serbia, Sudan,
Zimbabwe, Pakistan, Cuba, the Dominican Republic, Iran,
Haiti, Mexico, Nepal, or Cambodia except as provided through
the regular notification procedures of the Committees on
Appropriations.
definition of program, project, and activity
Sec. 621. For the purpose of titles II through V of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts earmarks, ceilings,
and limitations with the exception that for the following
accounts: ``Economic Support Fund'' and ``Foreign Military
Financing Program'', ``program, project, and activity'' shall
also be considered to include country, regional, and central
program level funding within each such account; for the
development assistance accounts of the United States Agency
for International Development ``program, project, and
activity'' shall also be considered to include central,
country, regional, and program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment
of this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
global health activities
Sec. 622. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ``Global Health
Programs'', may be used to reimburse United States Government
agencies, agencies of State governments, institutions of
higher learning, and private and voluntary organizations for
the full cost of individuals (including for the personal
services of such individuals) detailed or assigned to, or
contracted by, as the case may be, the United States Agency
for International Development for the purpose of carrying out
activities under that heading: Provided, That up to
$3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may
be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further,
That funds appropriated by titles III and IV of this Act that
are made available for bilateral assistance for child
survival activities or disease programs including activities
relating to research on, and the prevention, treatment and
control of, HIV/AIDS may be made available notwithstanding
any other provision of law except for the provisions under
the heading ``Global Health Programs'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided further, That of the funds appropriated under title
III of this Act, not less than $461,060,000 shall be made
available for family planning/reproductive health: Provided
further, That in order to prevent unintended pregnancies,
abortions, and the transmission of sexually transmitted
infections, including HIV/AIDS, no contract or grant for the
exclusive purpose of providing donated contraceptives in
developing countries shall be denied to any nongovernmental
organization solely on the basis of
[[Page H15541]]
the policy contained in the President's March 28, 2001,
Memorandum to the Administrator of the United States Agency
for International Development with respect to providing
contraceptives in developing countries, or any comparable
administration policy regarding the provision of
contraceptives.
afghanistan
Sec. 623. Of the funds appropriated by titles III and IV of
this Act, up to $1,057,050,000 may be made available for
assistance for Afghanistan, of which not less than
$75,000,000 should be made available to support programs that
directly address the needs of Afghan women and girls, of
which not less than $12,000,000 shall be made available for
grants to support training and equipment to improve the
capacity of women-led Afghan nongovernmental organizations
and to support the activities of such organizations, and not
less than $3,000,000 should be made available for
reforestation activities: Provided, That funds made available
pursuant to the previous proviso for reforestation activities
should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided
further, That of the funds appropriated by this Act that are
available for Afghanistan, $20,000,000 should be made
available through United States universities to develop
agriculture extension services for Afghan farmers, $2,000,000
should be made available for a United States contribution to
the North Atlantic Treaty Organization/International Security
Assistance Force Post-Operations Humanitarian Relief Fund,
and not less than $10,000,000 shall be made available for
continued support of the United States Agency for
International Development's Afghan Civilian Assistance
Program.
notification on excess defense equipment
Sec. 624. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees if such defense articles are significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
global fund management
Sec. 625. Notwithstanding any other provision of this Act,
20 percent of the funds that are appropriated by this Act for
a contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the
Secretary of State certifies to the Committees on
Appropriations that the Global Fund--
(1) is releasing incremental disbursements only if grantees
demonstrate progress against clearly defined performance
indicators;
(2) is providing support and oversight to country-level
entities, such as country coordinating mechanisms, principal
recipients, and local Fund agents, to enable them to fulfill
their mandates;
(3) has a full-time, professional, independent Office of
Inspector General that is fully operational;
(4) requires local Fund agents to assess whether a
principal recipient has the capacity to oversee the
activities of sub-recipients;
(5) is making progress toward implementing a reporting
system that breaks down grantee budget allocations by
programmatic activity;
(6) has adopted and is implementing a policy to publish on
a publicly available website all program reviews, program
evaluations, internally and externally commissioned audits,
and inspector general reports and findings, not later than 7
days after they are received by the Global Fund Secretariat,
except that such information as determined necessary by the
Inspector General to protect the identity of whistleblowers
or other informants to investigations and reports of the
Inspector General, or proprietary information, may be
redacted from such documents; and
(7) is tracking and encouraging the involvement of civil
society in country coordinating mechanisms and program
implementation.
Prohibition on bilateral assistance to terrorist countries
Sec. 626. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available for
assistance to the government of any country which the
President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism
or other gross violation of human rights; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to such government if the President determines that
national security or humanitarian reasons justify such
waiver. The President shall publish each waiver in the
Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
debt-for-development
Sec. 627. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
separate accounts
Sec. 628. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States
Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps
to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of
that country and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on
an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements of the
United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to
be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
enterprise fund restrictions
Sec. 629. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
[[Page H15542]]
(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
INTERNATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH
Sec. 630. (a) Funds appropriated by this Act may be made
available for a United States contribution to the United
Nations Population Fund (UNFPA).
(b) None of the funds appropriated by this Act may be made
available to UNFPA for a country program in the People's
Republic of China.
(c) Funds appropriated by this Act may not be made
available to UNFPA unless--
(1) UNFPA maintains amounts made available under this
section in an account separate from other accounts of UNFPA;
(2) UNFPA does not commingle amounts made available to
UNFPA under this section with other sums; and
(3) UNFPA does not fund abortions.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 631. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
impact on jobs in the united states
Sec. 632. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.
COMPREHENSIVE EXPENDITURES REPORT
Sec. 633. Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
total amount of United States Government expenditures in
fiscal year 2006, by Federal agency, for programs and
activities in each foreign country, identifying the line item
as presented in the President's Budget Appendix and the
purpose for which the funds were provided: Provided, That, if
required, information may be submitted in classified form.
special authorities
Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated by this Act that are made
available for assistance for Afghanistan may be made
available notwithstanding section 612 of this Act or any
similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles II
and III of this Act that are made available for Iraq,
Lebanon, Montenegro, Pakistan, and for victims of war,
displaced children, and displaced Burmese, and to assist
victims of trafficking in persons and, subject to the regular
notification procedures of the Committees on Appropriations,
to combat such trafficking, may be made available
notwithstanding any other provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose
of supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse
gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the United States
Agency for International Development to employ up to 25
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be
assigned to any bureau or office: Provided further, That such
funds appropriated to carry out title II of the Agricultural
Trade Development and Assistance Act of 1954, may be made
available only for personal services contractors assigned to
the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President
determines and certifies in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate that it is important to the national security
interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development
may provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 118 Stat. 3038) is amended by striking ``and 2007''
and inserting ``through 2009''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(h) China Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading
``Development Assistance'' in this Act, not less than
$10,000,000 shall be made available to United States
educational institutions and nongovernmental organizations
for programs and activities in the People's Republic of China
relating to the environment, democracy, and the rule of law:
Provided, That funds made available pursuant to this
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(i) Extension of Authority.--
(1) With respect to funds appropriated by this Act that are
available for assistance for Pakistan, the President may
waive the prohibition on assistance contained in section 608
of this Act subject to the requirements contained in section
1(b) of Public Law 107-57, as amended, for a determination
and certification, and consultation, by the President prior
to the exercise of such waiver authority.
(2) Notwithstanding the date contained in section 6 of
Public Law 107-57, as amended, the provisions of sections 2
and 4 of that Act shall remain in effect through the current
fiscal year.
(j) Middle East Foundation.--Funds appropriated by this Act
and prior Acts under the heading ``Economic Support Fund''
that are available for the Middle East Partnership Initiative
may be made available, including as an endowment,
notwithstanding any other provision of law and following
consultations with the Committees on Appropriations, to
establish and operate a Middle East Foundation, or any other
similar entity, whose purpose is to support democracy,
governance, human rights, and the rule of law in the Middle
East region: Provided, That such funds may be made available
to the Foundation only to the extent that the Foundation has
commitments from sources other than the United States
Government to at least match the funds provided under the
authority of this subsection: Provided further, That
provisions contained in section 201 of the Support for East
European Democracy (SEED) Act of 1989 (excluding the
authorizations of appropriations provided in subsection (b)
of that section and the requirement that a majority of the
members of the board of directors be citizens of the United
States provided in subsection (d)(3(B) of that section) shall
be deemed to apply to any such foundation or similar entity
referred to under this subsection, and to funds made
available to such entity, in order to enable it to provide
assistance for purposes of this section: Provided further,
That prior to the initial obligation of funds for any such
foundation or similar entity pursuant to the authorities of
this subsection, other than for administrative support, the
Secretary of State shall take steps to ensure, on an ongoing
basis, that any such funds made available pursuant to such
authorities are not provided to or through any individual or
group that the management of the foundation or similar entity
knows or has reason to believe, advocates, plans, sponsors,
or otherwise engages in terrorist activities: Provided
further, That section 629 of this Act shall apply to any such
foundation or similar entity established pursuant to this
subsection: Provided further, That the authority of the
Foundation, or any similar entity, to provide assistance
shall cease to be effective on September 30, 2010.
(k) Extension of Authority.--Section 1365(c) of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 22 U.S.C. 2778 note) is amended by
striking ``During the 16 year period beginning on October 23,
1992'' and inserting ``During the 22 year period beginning on
October 23, 1992'' before the period at the end.
(l) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2007'' and
inserting ``2007, and 2008''; and
(B) in subsection (e), by striking ``2007'' each place it
appears and inserting ``2008''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2007'' and inserting ``2008''.
(m) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
[[Page H15543]]
United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made
available as a general contribution to the World Food
Program, notwithstanding any other provision of law.
(n) Capital Security Cost-Sharing.--Notwithstanding any
other provision of law, of the funds appropriated under the
heading ``Embassy Security, Construction, and Maintenance'',
not less than $2,000,000 shall be made available for the
Capital Security Cost-Sharing fees of the Library of Congress
for fiscal year 2008.
(o) Demobilization, Disarmament, and Reintegration
Assistance.--Notwithstanding any other provision of law,
policy or regulation, funds appropriated by this Act and
prior acts making appropriations for foreign operations,
export financing, and related programs may be made available
to support programs to demobilize, disarm, and reintegrate
into civilian society former combatants of foreign
governments or organizations who have renounced involvement
or participation in such organizations.
(p) Nongovernmental Organizations.--With respect to the
provision of assistance for democracy, human rights and
governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall
not be subject to the prior approval by the government of any
foreign country.
arab league boycott of israel
Sec. 635. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
eligibility for assistance
Sec. 636. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification
procedures of those committees, including a description of
the program to be assisted, the assistance to be provided,
and the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2008, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
reservations of funds
Sec. 637. (a) Funds appropriated under titles II through V
of this Act which are earmarked may be reprogrammed for other
programs within the same account notwithstanding the earmark
if compliance with the earmark is made impossible by
operation of any provision of this or any other Act:
Provided, That any such reprogramming shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the United
States Agency for International Development that are
earmarked for particular programs or activities by this or
any other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant
change in circumstances makes it unlikely that such
designated funds can be obligated during the original period
of availability: Provided, That such earmarked funds that are
continued available for an additional fiscal year shall be
obligated only for the purpose of such designation.
(c) Ceilings and earmarks levels contained in this Act
shall not be applicable to funds or authorities appropriated
or otherwise made available by any subsequent Act unless such
Act specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
ASIA
Sec. 638. (a) Funding Levels.--Of the funds appropriated by
this Act under the headings ``Global Health Programs'' and
``Development Assistance'', not less than the amount of funds
initially allocated for each such account pursuant to
subsection 653(a) of the Foreign Assistance Act of 1961 for
fiscal year 2006 shall be made available for Cambodia,
Philippines, Vietnam, Asia and Near East Regional, and
Regional Development Mission/Asia: Provided, That for the
purposes of this subsection, ``Global Health Programs'' shall
mean ``Child Survival and Health Programs Fund''.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct the United
States executive director to each appropriate international
financial institution in which the United States
participates, to oppose and vote against the extension by
such institution any loan or financial or technical
assistance or any other utilization of funds of the
respective bank to and for Burma.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $11,000,000 shall be
made available to support democracy activities in Burma,
along the Burma-Thailand border, for activities of Burmese
student groups and other organizations located outside Burma,
and for the purpose of supporting the provision of
humanitarian assistance to displaced Burmese along Burma's
borders: Provided, That funds made available under this
heading may be made available notwithstanding any other
provision of law: Provided further, That in addition to
assistance for Burmese refugees provided under the heading
``Migration and Refugee Assistance'' in this Act, not less
than $3,000,000 shall be made available for community-based
organizations operating in Thailand to provide food, medical
and other humanitarian assistance to internally displaced
persons in eastern Burma: Provided further, That funds made
available under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director to each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership
of Tibetan land and natural resources to non-Tibetans; are
based on a thorough needs-assessment; foster self-sufficiency
of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $5,000,000 of the funds appropriated by this Act under
the heading ``Economic Support Fund'' should be made
available to nongovernmental organizations to support
activities which preserve cultural traditions and promote
sustainable development and environmental conservation in
Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China, and not less than
$250,000 should be made available to the National Endowment
for Democracy for human rights and democracy programs
relating to Tibet.
prohibition on publicity or propaganda
Sec. 639. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress.
prohibition of payments to united nations members
Sec. 640. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation
at international conferences held under the auspices of
multilateral or international organizations.
requests for documents
Sec. 641. (a) None of the funds appropriated or made
available pursuant to this Act shall be available to a
nongovernmental organization, including any contractor, which
fails to provide upon timely request any document, file, or
record necessary to the auditing requirements of the United
States Agency for International Development.
(b) Notwithstanding any other provision of law or
regulation, the Administrator of the United States Agency for
International Development shall provide to the Committees on
Appropriations, on a timely basis, such information on the
obligation and expenditure of funds appropriated by this Act
and prior Acts, pursuant to grants, cooperative agreements,
and contracts entered into or financed by the agency, as may
[[Page H15544]]
be requested by the Committee on Appropriations to satisfy
oversight responsibilities of those Committees.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 642. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act of 1979. The
prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the President makes a determination pursuant
to subsection (b), the President shall submit to the
appropriate congressional committees a report with respect to
the furnishing of such assistance. Any such report shall
include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
withholding of assistance for parking fines and real property taxes
owed by foreign countries
Sec. 643. (a) Subject to subsection (c), of the funds
appropriated under titles II through V by this Act that are
made available for assistance for a foreign country, an
amount equal to 110 percent of the total amount of the unpaid
fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country
shall be withheld from obligation for assistance for the
central government of such country until the Secretary of
State submits a certification to the Committees on
Appropriations stating that such parking fines and penalties
and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to
the regular notification procedures of the Committees on
Appropriations, provided that no such funds shall be made
available for assistance for the central government of a
foreign country that has not paid the total amount of the
fully adjudicated parking fines and penalties and unpaid
property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment
of this Act, or at any time with respect to a particular
country, if the Secretary determines that it is in the
national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of
State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations
describing a strategy, including a timetable and steps
currently being taken, to collect the parking fines and
penalties and unpaid property taxes and interest owed by
nations receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes circumstances
in which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation summons;
or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge to the
summons has lapsed.
(2) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2007.
(3) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State or
subdivision thereof.
limitation on assistance for the plo for the west bank and gaza
Sec. 644. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
war crimes tribunals drawdown
Sec. 645. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in
lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available for
tribunals other than Yugoslavia, Rwanda, or the Special Court
for Sierra Leone shall be made available subject to the
regular notification procedures of the Committees on
Appropriations.
landmines
Sec. 646. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
restrictions concerning the palestinian authority
Sec. 647. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem.
prohibition of payment of certain expenses
Sec. 648. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Global Health Programs'', ``Development
Assistance'', and ``Economic Support Fund'' may be obligated
or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
western hemisphere
Sec. 649. (a) Central America.--Of the funds appropriated
by this Act under the headings ``Global Health Programs'' and
``Development Assistance'', not less than the amount of funds
initially allocated for each such account pursuant to section
653(a) of the Foreign Assistance Act of 1961 for fiscal year
2006 shall be made available for El Salvador, Guatemala,
Nicaragua, Honduras, Ecuador, Peru, Bolivia, Brazil, Latin
America and Caribbean Regional, Central America Regional, and
South America Regional: Provided, That for the purposes of
this subsection, ``Global Health Programs'' shall mean
``Child Survival and Health Programs Fund''.
(b)(1) Haiti.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'', not less than $106,200,000 shall be made
available for assistance for Haiti, of which not less than
$5,000,000 shall be for programs to improve court
administration and reduce pre-trial detention and of which
not less than $5,000,000 shall be made available for
watershed remediation and reforestation activities.
(2) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
(3) None of the funds made available in this Act under the
heading ``International Narcotics Control and Law
Enforcement'' may be used to transfer excess weapons,
ammunition or other lethal property of an agency of the
United States Government to the Government of Haiti for use
by the Haitian National Police until the Secretary of State
certifies to the Committees on Appropriations that the United
Nations Mission in Haiti has ensured that any members of the
Haitian National Police who have been credibly alleged to
have committed serious crimes, including drug trafficking and
human rights violations, have been suspended.
(c) Dominican Republic.--Of the funds appropriated by this
Act under the headings ``Global Health Programs'' and
``Development Assistance'', not less than $23,600,000 shall
be made available for assistance for the Dominican Republic,
of which not less than $5,000,000 shall be made available for
basic health care, nutrition, sanitation, education, and
shelter for migrant sugar cane workers and other residents of
batey communities.
limitation on assistance to the palestinian authority
Sec. 650. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
[[Page H15545]]
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Committees on Appropriations that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed.
limitation on assistance to security forces
Sec. 651. Chapter 1 of part III of the Foreign Assistance
Act of 1961 is amended by adding the following section:
``SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.
``(a) In General.--No assistance shall be furnished under
this Act or the Arms Export Control Act to any unit of the
security forces of a foreign country if the Secretary of
State has credible evidence that such unit has committed
gross violations of human rights.
``(b) Exception.--The prohibition in subsection (a) shall
not apply if the Secretary determines and reports to the
Committee on Foreign Relations of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Committees on Appropriations that the government of such
country is taking effective measures to bring the responsible
members of the security forces unit to justice.
``(c) Duty to Inform.--In the event that funds are withheld
from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking
effective measures to bring the responsible members of the
security forces to justice.''.
foreign military training report
Sec. 652. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations by the
date specified in that section.
authorization requirement
Sec. 653. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'' and ``Overseas Private Investment Corporation'', may
be obligated and expended notwithstanding section 10 of
Public Law 91-672 and section 15 of the State Department
Basic Authorities Act of 1956.
AVIAN INFLUENZA PREPAREDNESS
Sec. 654. Notwithstanding any other provision of law except
section 551 of Public Law 109-102, of the funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'', $12,500,000 shall be made available to enhance the
preparedness of militaries in Asia and Africa to respond to
an avian influenza pandemic, and of the funds appropriated by
this Act under the heading ``Peacekeeping Operations'',
$12,500,000 shall be transferred to, and merged with, funds
made available under the heading ``Foreign Military Financing
Program'' to be used for this purpose.
palestinian statehood
Sec. 655. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees
that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a commitment to peaceful co-existence
with the State of Israel;
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to establish a just, lasting, and comprehensive peace
in the Middle East that will enable Israel and an independent
Palestinian state to exist within the context of full and
normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgement of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 650 of this
Act (``Limitation on Assistance to the Palestinian
Authority'').
colombia
Sec. 656. (a) Funding.--Funds appropriated by this Act that
are available for assistance for Colombia shall be made
available in the amounts indicated in the table in the
accompanying report.
(b) Determination and Certification Required.--Funds
appropriated by this Act that are available for assistance
for the Colombian Armed Forces, may be made available as
follows:
(1) Up to 70 percent of such funds may be obligated prior
to the certification and report by the Secretary of State
pursuant to paragraph (2).
(2) Up to 15 percent of such funds may be obligated only
after the Secretary of State consults with, and subsequently
certifies and submits a written report to, the Committees on
Appropriations that:
(A) The Commander General of the Colombian Armed Forces is
suspending from the Armed Forces those members, of whatever
rank who, according to the Minister of Defense, the Attorney
General or the Procuraduria General de la Nacion, have been
credibly alleged to have committed gross violations of human
rights, including extra-judicial killings, or to have aided
or abetted paramilitary organizations or successor armed
groups.
(B) The Colombian Government is vigorously investigating
and prosecuting, in the civilian justice system, those
members of the Colombian Armed Forces, of whatever rank, who
have been credibly alleged to have committed gross violations
of human rights, including extra-judicial killings, or to
have aided or abetted paramilitary organizations or successor
armed groups, and is promptly punishing those members of the
Colombian Armed Forces found to have committed such
violations of human rights or to have aided or abetted such
organizations or successor groups.
(C) The Colombian Armed Forces are cooperating fully with
civilian prosecutors and judicial authorities in such cases
(including providing requested information, such as the
identity of persons suspended from the Armed Forces and the
nature and cause of the suspension, and access to witnesses,
relevant military documents, and other requested
information).
(D) The Colombian Armed Forces have taken all necessary
steps to sever links (including denying access to military
intelligence, vehicles, and other equipment or supplies, and
ceasing other forms of active or tacit cooperation) at the
command, battalion, and brigade levels, with paramilitary
organizations and successor armed groups, especially in
regions where such organizations or successor groups have a
significant presence.
(E) The Colombian Government is dismantling paramilitary
leadership and financial networks by arresting and
prosecuting under civilian criminal law individuals who have
provided financial, planning, or logistical support, or have
otherwise aided or abetted paramilitary organizations or
successor armed groups, by identifying and confiscating land
and other assets illegally acquired by such organizations or
their associates and returning such land or assets to their
rightful owners, by revoking reduced sentences for
demobilized paramilitaries who engage in new criminal
activity, and by arresting, prosecuting under civilian
criminal law, and when requested, promptly extraditing to the
United States members of successor armed groups.
(F) The Colombian Armed Forces are not violating the land
and property rights of Colombia's indigenous and Afro-
Colombian communities, and are distinguishing between
civilians, including displaced persons, and combatants in
their operations.
(3) The balance of such funds may be obligated after July
31, 2008, if, before such date, the Secretary of State
consults with, and subsequently certifies and submits a
written report to, the Committees on Appropriations, that the
Colombian Armed Forces are continuing to meet the conditions
contained in paragraph (2) and are conducting vigorous
operations to restore civilian government authority and
respect for human rights in areas under the effective control
of paramilitary organizations or successor armed groups and
guerrilla organizations.
(c) Report.--The reports required by subsections (a)(2) and
(a)(3) of this section shall contain, with respect to each
such subsection, a detailed description of the actions taken
by the Colombian Government or Armed Forces which support
each requirement of the certification, and the cases or
issues brought to the attention of the Secretary for which
the actions taken by the Colombian Government or Armed Forces
have been inadequate.
(d) Congressional Notification.--Funds made available by
this Act for the Colombian Armed Forces shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(e) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2008, the Secretary of State shall
consult with Colombian and internationally recognized human
rights organizations regarding progress in meeting the
conditions contained in subsection (a).
(f) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary or successor armed
groups, including taking actions which allow, facilitate, or
otherwise foster the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense
[[Page H15546]]
groups and illegal security cooperatives, including those
groups and cooperatives that have formerly demobilized but
continue illegal operations, as well as parts thereof.
illegal armed groups
Sec. 657. (a) Denial of Visas.--Subject to subsection (b),
the Secretary of State shall not issue a visa to any alien
who the Secretary determines, based on credible evidence--
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC),
or successor armed groups, including taking actions or
failing to take actions which allow, facilitate, or otherwise
foster the activities of such groups; or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State certifies and reports to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for humanitarian reasons.
west bank and gaza assistance
Sec. 658. (a) Vetting.--Prior to the obligation of funds
appropriated by this Act under the heading ``Economic Support
Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall take all appropriate steps to ensure
that such assistance is not provided to or through any
individual, private or government entity, or educational
institution that the Secretary knows or has reason to believe
advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity. The Secretary of State shall terminate
assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved
in or advocating terrorist activity.
(b) Prohibition.--None of the funds appropriated by this
Act for assistance under the West Bank and Gaza program may
be made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed, acts of
terrorism.
(c) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and subgrantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for the West Bank and Gaza, up to $500,000 may be
used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection. Such funds are in addition
to funds otherwise available for such purposes.
war criminals
Sec. 659. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been
indicted by the Tribunal and to otherwise cooperate with the
Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of
such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension
of any new project involving financial or technical
assistance or grants to any country or entity described in
subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to
the Committees on Appropriations a written justification for
the proposed assistance, including an explanation of the
United States position regarding any such vote, as well as a
description of the location of the proposed assistance by
municipality, its purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for
International Development, and the Secretary of the Treasury
shall consult with representatives of human rights
organizations and all government agencies with relevant
information to help prevent indicted war criminals from
benefiting from any financial or technical assistance or
grants provided to any country or entity described in
subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the
Republika Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as
defined herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
user fees
Sec. 660. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) and the
International Monetary Fund to oppose any loan, grant,
strategy or policy of these institutions that would require
user fees or service charges on poor people for primary
education or primary healthcare, including prevention and
treatment for HIV/AIDS, malaria, tuberculosis, and infant,
child, and maternal well-being, in connection with the
institutions' financing programs.
funding for serbia
Sec. 661. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2008, if the President has made the
determination and certification contained in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
conditions in subsection (c).
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia is--
(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, timely information on the
location, movement, and sources of financial support of
indictees, and the surrender and transfer of indictees or
assistance in their apprehension, including Ratko Mladic and
Radovan Karadzic;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security and
other support which has served to maintain separate Republika
Srpska institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply to Kosovo, humanitarian
assistance or assistance to promote democracy.
community-based police assistance
Sec. 662. (a) Authority.--Funds made available by this Act
to carry out the provisions of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961,
may be used, notwithstanding section 660 of that Act, to
enhance the effectiveness and accountability of civilian
police authority through training and technical assistance in
human rights, the rule of law, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
Special Debt Relief for the Poorest
Sec. 663. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-
501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
[[Page H15547]]
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance
to a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
Authority to Engage in Debt Buybacks or Sales
Sec. 664. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make adjustment in its accounts to
reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
reconciliation programs
Sec. 665. Of the funds appropriated under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available to support reconciliation programs and
activities which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil conflict and war.
SUDAN
Sec. 666. (a) Limitation on Assistance.--Subject to
subsection (b):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106-570) or any other
provision of law, none of the funds appropriated by this Act
may be made available for assistance for the Government of
Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(b) Subsection (a) shall not apply if the Secretary of
State determines and certifies and reports to the Committees
on Appropriations that--
(1) the Government of Sudan is honoring its pledges to
cease attacks upon civilians and has disarmed and demobilized
the Janjaweed and other government-supported militias;
(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in all
previous cease-fire agreements; and
(3) the Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international
monitoring team that is based in Darfur and that has the
support of the United States.
(c) Exceptions.--The provisions of subsection (a) shall not
apply to--
(1) humanitarian assistance;
(2) assistance for Darfur and for areas outside the control
of the Government of Sudan; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace Agreement
or any other internationally-recognized peace agreement in
Sudan.
(d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of
Southern Sudan.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 667. (a) United Nations Development Program.--Prior to
the initial obligation of funds appropriated in this Act
under the heading ``International Organizations and
Programs'' for a United States contribution to the United
Nations Development Program (UNDP), the Secretary of State
shall certify and report to the Committees on Appropriations
that UNDP is--
(1) giving adequate and appropriate access to information
to the United States Mission to the United Nations regarding
UNDP's programs and activities, as requested, including in
North Korea and Burma;
(2) conducting appropriate oversight of UNDP programs and
activities globally; and
(3) implementing the whistleblower protection policy
established by the United Nations Secretariat in December
2005.
(b) World Bank.--Twenty percent of the funds appropriated
by this Act under the heading ``International Development
Association'' shall be withheld from disbursement until the
Secretary of the Treasury reports to the Committees on
Appropriations that--
(1) the World Bank has made publicly available, in an
appropriate manner, financial disclosure forms of senior
World Bank personnel, including those at the level of
managing director, vice president, and above;
(2) the World Bank has established a plan and maintains a
schedule for conducting regular, independent audits of
internal management controls and procedures for meeting
operational objectives, and is making reports describing the
scope and findings of such audits available to the public;
(3) the World Bank is adequately staffing and sufficiently
funding the Department of Institutional Integrity;
(4) the World Bank has made publicly available the
Department of Institutional Integrity's November 23, 2005
``Report of Investigation into Reproductive and Child Health
I Project Credit N0180 India'' and any subsequent detailed
implementation review, and is implementing the
recommendations of the Department of Institutional Integrity
regarding this project, including recommendations concerning
the prosecution of individuals engaged in corrupt practices;
and
(5) the World Bank has made publicly available the ``Volker
Panel'' report regarding the review and evaluation of the
mandate and authorities, policies, procedures, practices,
independence, reporting lines, and oversight mechanisms of
the World Bank's Department of Institutional Integrity.
(c) Report.--The Comptroller General of the United States
shall conduct an assessment of the financial management and
oversight of programs and activities funded under the
headings ``Millennium Challenge Corporation'', ``Global
Health Programs'' (for HIV/AIDS programs), and ``Global HIV/
AIDS Initiative'' in this Act and prior Acts making
appropriations for foreign operations, export financing, and
related programs. The assessment shall include an examination
of donor coordination efforts, and recommendations for
improving financial oversight of such programs and
activities.
(d) National Budget Transparency.--(1) None of the funds
appropriated by this Act may be made available for assistance
for the central government of any country that fails to make
publicly available on an annual basis its national budget, to
include income and expenditures.
(2) The Secretary of State may waive subsection (d)(1) on a
country-by-country basis if the Secretary reports to the
Committees on Appropriations that to do so is important to
the national interests of the United States.
(3) The reporting requirement pursuant to section 585(b) of
Public Law 108-7 regarding fiscal transparency and
accountability in countries whose central governments receive
United States foreign assistance shall apply to this Act.
excess defense articles for central and south european countries and
certain other countries
Sec. 668. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal
year 2008, funds available to the Department of Defense may
be expended for crating, packing, handling, and
transportation of excess defense articles transferred under
the authority of section 516 of such Act to Albania,
Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian
Republic of Macedonia, Georgia, India, Iraq, Latvia,
Lithuania,
[[Page H15548]]
Moldova, Mongolia, Pakistan, Romania, Slovakia, and Ukraine.
ZIMBABWE
Sec. 669. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule
of law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
DEVELOPMENT GRANTS PROGRAM
Sec. 670. (a) Establishment of the Program.--There is
established within the United States Agency for International
Development (USAID) a Development Grants Program (DGP) to
provide small grants to United States and indigenous
nongovernmental organizations for the purpose of carrying out
the provisions of chapters 1 and 10 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961.
(b) Eligibility for Grants.--Grants from the DGP shall be
made only for proposals of nongovernmental organizations
identified in the report accompanying this Act that are
recommended for consideration for funding by that report, and
for proposals of other nongovernmental organizations that
apply.
(c) Competition.--To the maximum extent practicable, grants
made pursuant to the authority of this section shall be open,
transparent and competitive.
(d) Size of Program and Individual Grants.--
(1) Of the funds appropriated by this Act to carry out
chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $50,000,000 shall be
made available for purposes of this section: Provided, That
not more than 50 percent of this amount shall be derived from
funds appropriated to carry out chapter 1 of part I of such
Act.
(2) No individual grant, or grant amendment, made pursuant
to this section shall exceed $2,000,000.
(e) Availability of Other Funds.--Funds made available
under this section are in addition to other funds available
for such purposes including funds designated by this Act by
section 665, Reconciliation Programs.
(f) Definition.--For purposes of this section, the term
``nongovernmental organization'' means a private and
voluntary organization or for-profit entity, and shall not
include entities owned in whole or in part by a government or
governmental entity.
(g) Report.--Within 90 days from the date of enactment of
this Act, and after consultation with the Committees on
Appropriations, the Administrator of USAID shall submit a
report to those Committees describing the procedures and
mechanisms USAID will use to implement this section.
MONITORING OF MILITARY ASSISTANCE
Sec. 671. Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the procedures being
applied, on a country-by-country basis, to monitor whether
funds appropriated by this Act under the heading ``Foreign
Military Financing Program'' for assistance for Bangladesh,
Democratic Republic of the Congo, Ethiopia, Pakistan,
Philippines, and Sri Lanka, are misused by units of the
security forces of such countries against civilians,
including civilians who are members of political opposition
parties and human rights groups.
DISASTER ASSISTANCE AND RECOVERY
Sec. 672. (a) Funds made available to the Comptroller
General under chapter 4 of title I of the Emergency
Supplemental Appropriations Act (Public Law 106-31; 113 Stat.
69) and section 593 of the Foreign Operations, Export
Financing, and Programs Agencies Appropriations Act, 2001
(Public Law 106-429; 114 Stat. 1900A-59) to monitor the
provisions of assistance to address the effects of hurricanes
in Central America and the Caribbean and the earthquake in
Colombia, and to monitor the earthquake relief and
reconstruction efforts in El Salvador under section 561 of
the Foreign Operations, Export Financing, and Programs
Agencies Appropriations Act, 2002 (Public Law 107-115; 115
Stat. 2162) shall also be available to the Comptroller
General to monitor any other disaster assistance and recovery
effort.
(b) This section shall apply with respect to fiscal year
2008 and each year thereafter.
united states agency for international development management
(including transfer of funds)
Sec. 673. (a) Authority.--Up to $81,000,000 of the funds
made available in this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States'', may be used by the United
States Agency for International Development (USAID) to hire
and employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2009.
(c) Conditions.--The authority of subsection (a) may only
be used to the extent that an equivalent number of positions
that are filled by personal services contractors or other
nondirect-hire employees of USAID, who are compensated with
funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID
to meet personnel positions in technical skill areas
currently encumbered by contractor or other nondirect-hire
personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which such
individual's responsibilities primarily relate. Funds made
available to carry out this section may be transferred to and
merged and consolidated with funds appropriated for
``Operating Expenses of the United States Agency for
International Development''.
(g) Management Reform Pilot.--Of the funds made available
in subsection (a), USAID may use, in addition to funds
otherwise available for such purposes, up to $15,000,000 to
fund overseas support costs of members of the Foreign Service
with a Foreign Service rank of four or below: Provided, That
such authority is only used to reduce USAID's reliance on
overseas personal services contractors or other nondirect-
hire employees compensated with funds appropriated to carry
out part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States''.
(h) Disaster Surge Capacity.--Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'', may
be used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by the United States
Agency for International Development whose primary
responsibility is to carry out programs in response to
natural disasters.
opic transfer authority
(including transfer of funds)
Sec. 674. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title II of this Act may be transferred to and merged
with funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such
funds shall not be available for administrative expenses of
the Overseas Private Investment Corporation: Provided
further, That funds earmarked by this Act shall not be
transferred pursuant to this section: Provided further, That
the exercise of such authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
reporting requirement
Sec. 675. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2008,
and for each fiscal quarter, a report in writing on the uses
of funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.
ENVIRONMENT AND ENERGY CONSERVATION PROGRAMS
Sec. 676. (a) Biodiversity.--Of the funds appropriated
under the heading ``Development Assistance'', not less than
$195,000,000 shall be made available for programs and
activities which directly protect biodiversity, including
forests, in developing countries, of which not less than the
amount of funds initially allocated pursuant to section
653(a) of the Foreign Assistance Act of 1961 for fiscal year
2006 shall be made available for such activities in Brazil,
Colombia, Ecuador, Peru and Bolivia, and that in addition to
such amounts for such countries not less than $15,000,000
shall be made available for the United States Agency for
International Development's Amazon Basin Conservation
Initiative: Provided, That of the funds appropriated by this
Act, not less than $2,000,000 should be made available for
wildlife conservation and protected area management in the
Boma-Jonglei landscape of Southern Sudan, and not less than
$17,500,000 shall be made available for the Congo Basin
Forest Partnership of which not less than $2,500,000 shall be
made available to the United States Fish and Wildlife Service
for wildlife conservation programs in Central Africa.
(b) Energy.--
(1) Of the funds appropriated by this Act, not less than
$195,000,000 shall be made available to support clean energy
and other climate change programs in developing countries, of
which not less than $125,000,000 should be made available to
directly promote and deploy energy conservation, energy
efficiency, and renewable and clean energy technologies with
an emphasis on small hydro, solar and wind energy, and of
which the balance should be made available to directly: (1)
reduce greenhouse gas emissions; (2) increase carbon
sequestration activities; and (3) support climate change
mitigation and adaptation programs.
(2) The Secretary of State shall convene an interagency
committee, including appropriate officials of the Department
of State, the United States Agency for International
Development, and the Environmental Protection Agency, to
evaluate the specific needs of developing countries in
adapting to climate change impacts:
[[Page H15549]]
Provided, That the Secretary shall submit a report to the
Committees on Appropriations not later than September 1,
2008, describing such needs, on a country-by-country and
regional basis, and the actions planned and being taken by
the United States, including funding provided to developing
countries specifically for adaptation to climate change
impacts.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions and
the public that it is the policy of the United States that
any assistance by such institutions (including but not
limited to any loan, credit, grant, or guarantee) for the
extraction and export of oil, gas, coal, timber, or other
natural resource should not be provided unless the government
of the country has in place functioning systems for: (A)
accurately accounting for revenues and expenditures in
connection with the extraction and export of the type of
natural resource to be extracted or exported; (B) the
independent auditing of such accounts and the widespread
public dissemination of the audits; and (C) verifying
government receipts against company payments including
widespread dissemination of such payment information, and
disclosing such documents as Host Government Agreements,
Concession Agreements, and bidding documents, allowing in any
such dissemination or disclosure for the redaction of, or
exceptions for, information that is commercially proprietary
or that would create competitive disadvantage.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to
the Committees on Appropriations describing, for each
international financial institution, the amount and type of
assistance provided, by country, for the extraction and
export of oil, gas, coal, timber, or other national resource
since September 30, 2007, and whether each institution
considered, in its proposal for such assistance, the extent
to which the country has functioning systems described in
paragraph (c)(1).
(d) Funds appropriated under titles II, III and IV of this
Act shall to the maximum extent practicable, be subject to
the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
uzbekistan
Sec. 677. (a) Limitation on Assistance.--Funds appropriated
by this Act may be made available for assistance for the
central Government of Uzbekistan only if the Secretary of
State determines and reports to the Committees on
Appropriations that--
(1) the Government of Uzbekistan is making substantial and
continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the United
States of America'', including respect for human rights,
establishing a genuine multi-party system, and ensuring free
and fair elections, freedom of expression, and the
independence of the media; and
(2) a credible international investigation of the May 13,
2005, shootings in Andijan is underway with the support of
the Government of Uzbekistan.
(b) Sanctions.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall send to
the appropriate congressional committees a list of officials
of the Government of Uzbekistan and their immediate family
members who the Secretary has credible evidence to believe
have been involved in the Andijan massacre or in other gross
violations of human rights in Uzbekistan;
(c) Imposition of Sanctions.--Not later than 10 days after
the list described in subsection (b) is submitted to the
appropriate congressional committees, the following sanctions
shall apply:
(1) Any individual on the list submitted under subsection
(b) shall be ineligible for a visa to enter the United
States.
(2) No property or interest in property belonging to an
individual on the list submitted under subsection (b), or to
a member of the immediate family of such individual if the
property is effectively under the control of such individual,
may be transferred, paid, exported, withdrawn, or otherwise
dealt with, if the property is within the United States or
within the possession or control of a United States person,
including the overseas branch of such person, or after the
date of the enactment of this Act comes within the control of
such person.
(3) No United States person may engage in financial
transactions with an individual on the list submitted under
subsection (b), or with a member of the immediate family of
such individual if the transaction will benefit an individual
on the list submitted under subsection (b).
(c) Freezing of Assets.--
(1) In general.--The Secretary of the Treasury shall
immediately block any assets, property, transactions in
foreign exchange, currency, or securities, and transfers of
credit or payments between, by, through, or to any banking
institution under the jurisdiction of the United States of an
individual identified under subsection (b) of this section.
(2) Reporting requirement.--Not later than 15 days after a
decision to freeze the assets identified in this subsection
of any individual identified under subsection (b), the
Secretary of the Treasury shall--
(A) report the name of such individual to the Committees on
Appropriations; and
(B) require any United States financial institution holding
such funds or assets to promptly report those funds and
assets to the Office of Foreign Assets Control.
Central Asia
Sec. 678. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan
only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of
Kazakhstan has made significant improvements in the
protection of human rights during the preceding 6 month
period.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such a waiver is important to the
national security of the United States.
(c) Not later than October 1, 2008, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 12-month period ending 30 days prior
to submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United
States by units of the armed forces, border guards, or other
security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
disability programs
Sec. 679. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$4,000,000 shall be made available for programs and
activities administered by the United States Agency for
International Development (USAID) to address the needs and
protect the rights of people with disabilities in developing
countries, of which $1,500,000 should be made available to
disability advocacy organizations that have expertise in
working to protect the rights and increasing the independence
and full participation of people with disabilities: Provided,
That funds for disability advocacy organizations should be
used for training and technical assistance for foreign
disabled persons organizations in such areas as advocacy,
education, independent living, and transportation, with the
goal of promoting equal participation of people with
disabilities in developing countries: Provided further, That
USAID should seek to disburse at lease 25 percent of the
funds made available pursuant to this subsection in the form
of small grants.
(b) Funds appropriated under the heading ``Operating
Expenses of the United States Agency for International
Development'' shall be made available to develop and
implement training for staff in overseas USAID missions to
promote the full inclusion and equal participation of people
with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the Administrator of USAID shall seek to ensure that,
where appropriate, construction projects funded by this Act
are accessible to people with disabilities and in compliance
with the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities,
and organizations funded pursuant to this section.
NEGLECTED TROPICAL DISEASES
Sec. 680. Of the funds appropriated under the heading
``Global Health Programs'', not less than $15,000,000 shall
be made available for continued support of the United States
Agency for International Development's cooperative agreement
to implement an integrated response to the control of
neglected diseases including intestinal parasites,
schistosomiasis, lymphatic filariasis, onchocerciasis,
trachoma and leprosy: Provided, That the Administrator of the
United States Agency for International Development shall work
with relevant technical organizations addressing the specific
diseases, recipient countries, donor countries, the private
sector, UNICEF and the World Health Organization to develop a
multilateral, integrated initiative to control these diseases
that will enhance coordination and effectiveness and maximize
the leverage of United States contributions with those of
other donors: Provided further, That funds made available
pursuant to this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 681. Of the funds appropriated under title III of this
Act, $3,000,000 should be made available for activities to
improve the capacity of foreign government agencies and
nongovernmental organizations to prevent child abandonment,
address the needs of orphans, displaced and abandoned
children and provide permanent homes through family
reunification, guardianship and domestic adoptions: Provided,
That funds made available under title III of this Act should
be made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the care of
their family of origin, but when not possible, placing
children in permanent homes through adoption;
(2) the principle that such placements should be based on
informed consent which has not been induced by payment or
compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and should be
used when no other suitable permanent options are available;
and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of
children.
[[Page H15550]]
COORDINATOR OF ACTIVITIES RELATING TO INDIGENOUS PEOPLES
INTERNATIONALLY
Sec. 682. (a) Coordinator.--After consultation with the
Committees on Appropriations and not later than 90 days after
the enactment of this Act, there shall be established within
the Department of State in the immediate office of the
Director of United States Foreign Assistance a Coordinator of
Activities Relating to Indigenous Peoples Internationally
(hereinafter in this section referred to as the
``Coordinator''), who shall be appointed by the Director. The
Coordinator shall report directly to the Director.
(b) Responsibilities.--The Coordinator shall:
(1) Serve as a principal advisor to the Director of United
States Foreign Assistance and the Administrator of the United
States Agency for International Development on matters
relating to the rights and needs of indigenous peoples
internationally and should represent the United States
Government on such matters in meetings with foreign
governments and multilateral institutions.
(2) Provide for the oversight and coordination of all
resources, programs, projects, and activities of the United
States Government to protect the rights and address the needs
of indigenous peoples internationally; and
(3) Develop and coordinate assistance strategies with
specific goals, guidelines, benchmarks, and impact
assessments (including support for local indigenous peoples'
organizations).
(c) Funds.--Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', not less than
$250,000 shall be made available for implementing the
provisions of this section.
(d) Report.--Not later than one year after the enactment of
this Act, the Secretary shall submit a report to the
Committees on Appropriations describing progress made in
implementing this section.
OVERSIGHT OF IRAQ RECONSTRUCTION
Sec. 683. Subsection (o) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as
amended by section 1054(b) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 129 Stat. 2397), section 2 of the Iraq
Reconstruction Accountability Act of 2006 (Public Law 109-
440), and section 3801 of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) is amended--
(1) in subsection (o)(1)(B) by striking ``fiscal year 2006
or fiscal year 2007'' and inserting ``fiscal years 2006
through 2008''. Section 1054 of Public Law 109-364 is amended
by striking ``fiscal year 2006'' and inserting ``fiscal years
2006 through 2008''; and
(2) by adding at the end of such section the following
subsection:
``(p) Rule of Construction.--For the purposes of carrying
out the duties of the Inspector General, any United States
funds appropriated or otherwise made available for fiscal
years 2006 through 2008 for the reconstruction of Iraq,
irrespective of the designation of such funds, shall be
deemed to be amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund.''.
demobilization and disarmament in colombia
Sec. 684. (a) Availability of Funds.--Of the funds
appropriated in this Act, up to $12,000,000 may be made
available in fiscal year 2008 for assistance for the
demobilization and reintegration of former members of foreign
terrorist organizations (FTOs) in Colombia, if the Secretary
of State consults with and makes a certification described in
subsection (b) to the Committees on Appropriations prior to
the initial obligation of amounts for such assistance for the
fiscal year involved.
(b) Certification.--A certification described in this
subsection is a certification that--
(1) assistance for the fiscal year will be provided only
for individuals who have: (A) verifiably renounced and
terminated any affiliation or involvement with FTOs or other
illegal armed groups; (B) are meeting all the requirements of
the Colombia Demobilization Program, including having
disclosed their involvement in past crimes and their
knowledge of the FTO's structure, financing sources, illegal
assets, and the location of kidnapping victims and bodies of
the disappeared; and (C) are not involved in acts of
intimidation or violence;
(2) the Government of Colombia is providing full
cooperation to the Government of the United States to
extradite the leaders and members of the FTOs who have been
indicted in the United States for murder, kidnapping,
narcotics trafficking, or other violations of United States
law, and is immediately extraditing to the United States
those commanders, leaders and members indicted in the United
States who have breached the terms of the Colombia
Demobilization Program, including by failing to fully confess
their crimes, failing to disclose their illegal assets, or
committing new crimes since the approval of the Justice and
Peace Law;
(3) the Government of Colombia is not taking any steps to
legalize the titles of land or other assets illegally
obtained and held by FTOs, their associates, or successors,
has established effective procedures to identify such land
and other assets, and is confiscating and returning such land
and other assets to their rightful owners;
(4) the Government of Colombia is implementing a concrete
and workable framework for dismantling the organizational
structures of foreign terrorist organizations; and
(5) funds shall not be made available as cash payments to
individuals and are available only for activities under the
following categories: verification, reintegration (including
training and education), vetting, recovery of assets for
reparations for victims, and investigations and prosecutions.
(c) Notification.--Funds made available by this Act for
demobilization and reintegration of members of FTOs shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as
a terrorist organization under section 219 of the Immigration
and Nationality Act.
INDONESIA
Sec. 685. Of the funds appropriated under the heading
``Foreign Military Financing Program'', $15,700,000 may be
made available for assistance for Indonesia, and an
additional $2,000,000 may be made available when the
Secretary of State reports to the Committees on
Appropriations that the Government of Indonesia has written
plans to effectively--
(1) provide accountability for past violations of human
rights by members of the Indonesian military;
(2) allow public access to West Papua; and
(3) pursue the criminal investigation, and provide the
projected timeframe for completing the investigation, of the
murder of Munir Said Thalib.
ASSISTANCE FOR GUATEMALA
Sec. 686. (a) Funds appropriated by this Act under the
heading ``International Military Education and Training''
that are available for assistance for Guatemala, other than
for expanded international military education and training,
may be made available only for the Guatemalan Air Force and
Navy: Provided, That such funds may be made available only if
the Secretary of State certifies that the Guatemalan Air
Force and Navy are respecting human rights and are
cooperating with civilian judicial investigations and
prosecutions of military personnel who have been credibly
alleged to have committed violations of human rights.
(b) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not more than
$500,000 may be made available for the Guatemalan Air Force
and Navy: Provided, That such funds may be made available
only if the Secretary of State certifies that the Guatemalan
Air Force and Navy are respecting human rights and are
cooperating with civilian judicial investigations and
prosecutions of military personnel who have been credibly
alleged to have committed violations of human rights, and the
Guatemalan Armed Forces are fully cooperating with the
International Commission Against Impunity in Guatemala.
(c) Funds made available for assistance for Guatemala under
the headings referred to in this section shall be subject to
the regular notification procedures of the Committees on
Appropriations.
CHILD SOLDIERS
Sec. 687. (a) No military assistance shall be furnished
with funds appropriated by this Act and, during the current
fiscal year, no military equipment or technology shall be
sold or transferred pursuant to the authorities contained in
this Act or any other Act, to the government of a country
that is identified by the Department of State's 2006 Country
Reports on Human Rights Practices as having governmental
armed forces or government-supported armed groups, including
paramilitaries, militias, or civil defense forces, forces
that recruit or use child soldiers.
(b) The Secretary of State may provide assistance or
defense articles otherwise prohibited under subsection (a) to
a country upon certifying to the Committees on Appropriations
that the government of such country has implemented effective
measures to demobilize children from its forces or from
government-supported armed groups and prohibit and prevent
the future recruitment or use of child soldiers.
(c) The Secretary of State may waive the application to a
country of the prohibition in subsection (a) if the Secretary
determines and reports to the Committees on Appropriations
that such waiver is important to the national interest of the
United States.
PHILIPPINES
Sec. 688. Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not to exceed
$30,000,000 may be made available for assistance for the
Philippines, and an additional $2,000,000 may be made
available when the Secretary of State reports to the
Committees on Appropriations that--
(1) the Philippine Government is implementing the
recommendations of the United Nations Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions;
(2) the Philippine Government is implementing a policy of
promoting military personnel who demonstrate professionalism
and respect for human rights, and is investigating and
prosecuting military personnel and others who have been
credibly alleged to have committed extrajudicial executions
or other violations of human rights; and
(3) the Philippine military is not engaging in acts of
intimidation or violence against members of legal
organizations who advocate for human rights.
PAKISTAN
Sec. 689. (a) Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'',
$300,000,000 may be made
[[Page H15551]]
available for assistance for Pakistan, unless the Secretary
of State reports to the Committees on Appropriations that the
Government of Pakistan is not--
(1) making effective and consistent efforts to prevent Al
Qaeda and associated terrorist groups from operating in the
territory of Pakistan, including by eliminating terrorist
training camps or facilities, arresting members of Al Qaeda
and associated terrorist groups, and countering recruitment
efforts;
(2) making effective and consistent efforts to prevent the
Taliban from using the territory of Pakistan as a sanctuary
from which to launch attacks within Afghanistan, including by
arresting Taliban leaders, stopping cross-border incursions,
and countering recruitment efforts; and
(3) implementing democratic reforms, including by--
(A) allowing free, fair and inclusive elections in
accordance with internationally recognized democratic norms;
(B) ensuring freedom of expression and ending harassment of
journalists and government critics by security and
intelligence forces; and
(C) respecting the independence of the judiciary and
implementing judicial decisions.
(b) If the Secretary reports pursuant to subsection (a),
funds that are available for assistance for Pakistan pursuant
to this section which have not been made available may be
transferred to and merged with funds appropriated by this Act
under the heading ``Economic Support Fund'' and used for
basic education, health, micro-enterprise development, and
democracy programs in Pakistan.
SRI LANKA
Sec. 690. None of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' may be
made available for assistance for Sri Lanka, no defense
export license may be issued, and no military equipment or
technology shall be sold or transferred to Sri Lanka pursuant
to the authorities contained in this Act or any other Act,
unless the Secretary of State certifies and reports to the
Committees on Appropriations that--
(1) the Sri Lankan military is suspending and the Sri
Lankan Government is bringing to justice members of the
military who have been credibly alleged to have committed
gross violations of human rights, including extrajudicial
executions and the recruitment of child soldiers;
(2) the Sri Lankan Government has provided unimpeded access
to humanitarian organizations and journalists to Tamil areas
of the country; and
(3) the Sri Lankan Government has agreed to the
establishment of a field presence of the Office of the United
Nations High Commissioner for Human Rights in Sri Lanka.
PEACE CORPS SEPARATION PAY
Sec. 691. (a) Establishment of Fund.--There is established
in the Treasury of the United States a fund for the Peace
Corps to provide separation pay for host country resident
personal services contractors of the Peace Corps.
(b) Funding.--The Director of the Peace Corps may deposit
in such fund--
(1) amounts previously obligated and not canceled for
separation pay of host country resident personal services
contractors of the Peace Corps; and
(2) amounts obligated for fiscal years after 2006 for the
current and future costs of separation pay for host country
resident personal services contractors of the Peace Corps.
(c) Availability.--Beginning in fiscal year 2007 and
thereafter, amounts in the fund are available without fiscal
year limitation for severance, retirement, or other
separation payments to host country resident personal
services contractors of the Peace Corps in countries where
such pay is legally authorized.
MULTILATERAL DEVELOPMENT BANKS
Sec. 692. (a) Independent Auditing and Inspector General.--
The Secretary of the Treasury shall instruct the United
States Executive Director to each multilateral development
bank to inform the bank of, and use the voice and vote of the
United States to achieve at the bank, the following United
States policy goals:
(1) Each multilateral development bank should--
(A) establish an independent Office of Inspector General,
establish or strengthen an independent auditing function at
the bank, and require that the Inspector General and the
auditing function report directly to the board of directors
of the bank; and
(B) adopt and implement an internationally recognized
internal controls framework, allocate adequate staffing to
auditing and supervision, require external audits of internal
controls, and external audits of loans where fraud is
suspected.
(2) Each multilateral development bank should establish
effective procedures for the receipt, retention, and
treatment of--
(A) complaints received by the bank regarding fraud,
accounting, mismanagement, internal accounting controls, or
auditing matters; and
(B) the confidential, anonymous submission, particularly by
employees of the bank, of concerns regarding fraud,
accounting, mismanagement, internal accounting controls, or
auditing matters.
(b) World Bank Inspection Panel.--The Secretary of the
Treasury shall instruct the United States Executive Director
to the World Bank to inform the Bank of, and use the voice
and vote of the United States to achieve transparency reforms
of the selection process for members of the World Bank
Inspection Panel, including--
(1) Widely circulating Inspection Panel position vacancy
announcements on the Inspection Panel's website and in
appropriate publications;
(2) Notifying civil society organizations on the Inspection
Panel's website and on other appropriate World Bank websites
and inviting nominations from such groups;
(3) Making public the schedule of the selection process;
(4) Posting the list of nominees and applicants on the
Inspection Panel's website; and
(5) Including a civil society representative on the World
Bank selection committee for the Inspection Panel member.
(c) Anti-Corruption Trust Pilot Program.--
(1) Authority.--The Secretary of the Treasury shall seek
the creation of a pilot program that establishes an Anti-
Corruption Trust at the World Bank, the purposes of which
should include--
(A) to assist poor countries in investigations and
prosecutions of fraud and corruption related to loans,
grants, or credits of the World Bank; and
(B) to determine whether such a program should be carried
out at other multilateral development banks.
(2) Poor countries defined.--In this subsection, the term
``poor countries'' means countries eligible to borrow from
the International Development Association.
(3) Report.--Not later than 180 days after enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report detailing the actions taken
to establish the Anti-Corruption Trust.
(c) Authorizations.--
(1) Section 501(i) of title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public law 106-113, as amended
by section 591(b) of Division D of Public Law 108-447, is
further amended by striking ``fiscal'' and all that follows
through ``which'' and inserting in lieu thereof ``fiscal
years 2000-2010, which''.
(2) Section 801(b)(1)(ii) of Public Law 106-429, as amended
by section 591(a)(2) of Division D of Public law 108-447, is
further amended by striking ``fiscal years 2004-2006'' and by
inserting in lieu thereof ``fiscal years 2004-2010.''.
MILLENNIUM CHALLENGE CORPORATION
Sec. 693. Section 607(b) of the Millennium Challenge Act of
2003 (22 U.S.C. 7706) is amended--
(1) in paragraph (2)(B) by striking ``and the sustainable
management of natural resources'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding the following subparagraph:
``(C) promote the protection of biodiversity and the
transparent and sustainable management and use of natural
resources.''.
MATERIAL SUPPORT
RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES WHO DO NOT POSE
A THREAT TO THE UNITED STATES
Sec. 694. (a) Amendment to Authority To Determine the Bar
to Admission Inapplicable.--Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i))
is amended to read as follows:
``The Secretary of State, after consultation with the
Attorney General and the Secretary of Homeland Security, or
the Secretary of Homeland Security, after consultation with
the Secretary of State and the Attorney General, may
determine in such Secretary's sole unreviewable discretion
that subsection (a)(3)(B) shall not apply with respect to an
alien within the scope of that subsection or that subsection
(a)(3)(B)(vi)(III) shall not apply to a group within the
scope of that subsection, except that no such waiver may be
extended to an alien who is within the scope of subsection
(a)(3)(B)(i)(II), no such waiver may be extended to an alien
who is a member or representative of, has voluntarily and
knowingly engaged in or endorsed or espoused or persuaded
others to endorse or espouse or support terrorist activity on
behalf of, or has voluntarily and knowingly received
military-type training from a terrorist organization that is
described in subclause (I) or (II) of subsection
(a)(3)(B)(vi), and no such waiver may be extended to a group
that has engaged terrorist activity against the United States
or another democratic country or that has purposefully
engaged in a pattern or practice of terrorist activity that
is directed at civilians. Such a determination shall neither
prejudice the ability of the United States Government to
commence criminal or civil proceedings involving a
beneficiary of such a determination or any other person, nor
create any substantive or procedural right or benefit for a
beneficiary of such a determination or any other person.
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, or any
other habeas corpus provision, and sections 1361 and 1651 of
such title, no court shall have jurisdiction to review such a
determination or revocation except in a proceeding for review
of a final order of removal pursuant to section 1252 of this
title, and review shall be limited to the extent provided in
section 1252(a)(2)(D). The Secretary of State may not
exercise the discretion provided in this clause with respect
to an alien at any time during which the alien is the subject
of pending removal proceedings under section 1229a of this
title.''.
(b) Automatic Relief for the Hmong and Other Groups That Do
Not Pose a Threat to the United States.--For purposes of
section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)), the Karen National Union/Karen
Liberation Army (KNU/KNLA), the Chin National Front/Chin
National Army (CNF/CNA), the Chin National League for
Democracy (CNLD), the Kayan New Land Party (KNLP), the Arakan
Liberation Party (ALP), the Mustangs, the Alzados, the
Karenni National Progressive Party, and appropriate groups
affiliated with the Hmong and the Montagnards shall not be
considered to be a terrorist organization on the basis of any
act or event occurring before the date of enactment of
[[Page H15552]]
this section. Nothing in this subsection may be construed to
alter or limit the authority of the Secretary of State or the
Secretary of Homeland Security to exercise his discretionary
authority pursuant to 212(d)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)).
(c) Technical Correction.--(1) In General.--Section
212(a)(3)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``Subclause
(VII)'' and replacing it with ``Subclause (IX)''.
(d) Designation of the Taliban as a Terrorist
Organization.--For purposes of section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the
Taliban shall be considered to be a terrorist organization
described in subclause (I) of clause (vi) of that section.
(e) Report on Duress Waivers.--The Secretary of Homeland
Security shall provide to the Committees on the Judiciary of
the United States Senate and House of Representatives a
report, not less than 180 days after the enactment of this
Act and every year thereafter, which may include a classified
annex, if appropriate, describing--
(1) the number of individuals subject to removal from the
United States for having provided material support to a
terrorist group who allege that such support was provided
under duress;
(2) a breakdown of the types of terrorist organizations to
which the individuals described in paragraph (1) have
provided material support;
(3) a description of the factors that the Department of
Homeland Security considers when evaluating duress waivers;
and
(4) any other information that the Secretary believes that
the Congress should consider while overseeing the
Department's application of duress waivers.
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this section,
and these amendments and sections 212(a)(3)(B) and
212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B) and 1182(d)(3)(B)), as amended by these
sections, shall apply to--
(A) removal proceedings instituted before, on, or after the
date of enactment of this section; and
(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
CLUSTER MUNITIONS
Sec. 695. During the current fiscal year, no military
assistance shall be furnished for cluster munitions, no
defense export license for cluster munitions may be issued,
and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a 99
percent or higher tested rate; and
(2) the agreement applicable to the assistance, transfer,
or sale of the cluster munitions or cluster munitions
technology specifies that the cluster munitions will only be
used against clearly defined military targets and will not be
used where civilians are known to be present.
CUBA
Sec. 696. (a) Subject to subsection (b), of the funds
appropriated by this Act under the heading ``International
Narcotics Control and Law Enforcement'', $1,000,000 shall be
made available for preliminary work by the Department of
State, or such other entity as the Secretary of State may
designate, to establish cooperation with appropriate agencies
of the Government of Cuba on counter-narcotics matters,
including matters relating to cooperation, coordination, and
mutual assistance in the interdiction of illicit drugs being
transported through Cuba airspace or over Cuba waters.
(b) The amount in subsection (a) shall not be available if
the Secretary certifies to the Committees on Appropriations
that--
(1) Cuba does not have in place appropriate procedures to
protect against the loss of innocent life in the air and on
the ground in connection with the interdiction of illegal
drugs; and
(2) there is credible evidence of involvement of the
Government of Cuba in drug trafficking during the preceeding
10 years.
LIBYA
Sec. 697. (a) None of the funds appropriated by this Act
may be made available for--
(1) construction of a new United States embassy in Libya;
(2) activities in Libya related to energy development; or
(3) activities in Libya which support investment in Libya's
hydrocarbon sector, including the processing of applications
for dual-use export licenses.
(b) The prohibitions in subsection (a) shall no longer
apply if the Secretary of State certifies to the Committees
on Appropriations that the Government of Libya has made the
final settlement payments to the Pan Am 103 victims'
families, paid to the LaBelle Disco bombing victims their
agreed upon settlement amounts, and is engaging in good faith
settlement discussions regarding other relevant terrorism
cases.
(c) Not later than 90 days after enactment of this Act and
90 days thereafter, the Secretary shall submit a report to
the Committees on Appropriations describing (1) actions taken
by the Department of State to facilitate a resolution of
these cases; and (2) United States commercial activities in
Libya's energy sector.
CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS
Sec. 698. Section 1059(c) of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note)
is amended by adding at the end the following:
``(3) Carry forward.--If the numerical limitation described
in paragraph (1) is not reached during a given fiscal year,
the numerical limitation for the following fiscal year shall
be increased by a number equal to the difference between the
number of visas authorized for the given fiscal year and the
number of aliens provided special immigrant status during the
given fiscal year.''.
global fund contribution
(including rescission of funds)
Sec. 699. (a) The amount appropriated or otherwise made
available by title III for bilateral assistance for Global
Health Programs is hereby increased by $40,000,000.
(b) The amount appropriated or otherwise made available for
such purpose and available for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis, and Malaria
is hereby increased by $40,000,000.
(c) Of the unobligated balances of amounts appropriated or
otherwise made available in prior appropriations Acts under
the heading ``Economic Support Fund'', $40,000,000 is
rescinded.
REFERENCES
Sec. 699A. Except as otherwise provided, any reference in
titles II through V, including the general provisions for
such titles, to ``this Act'' shall be deemed to be a
reference to titles II through V of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2008.
SUPPORT FOR DEMOCRACY, THE RULE OF LAW, AND GOVERNANCE IN IRAN
Sec. 699B. Of the amount appropriated or otherwise made
available by title III for other bilateral economic
assistance under the heading ``economic support fund'',
$75,000,000 shall be made available for programs of the
Bureau of Near Eastern Affairs of the Department of State to
support democracy, the rule of law, and governance in Iran.
REMOVAL OF CERTAIN RESTRICTIVE ELIGIBILITY REQUIREMENTS APPLICABLE TO
FOREIGN NONGOVERNMENTAL ORGANIZATIONS
Sec. 699C. Notwithstanding any other provision of law,
regulation, or policy, in determining eligibility for
assistance authorized under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental
organizations shall not be ineligible for such assistance
solely on the basis of health or medical services, including
counseling and referral services, provided by such
organizations with non-United States Government funds if such
services do not violate the laws of the country in which they
are being provided and would not violate United States
Federal law if provided in the United States, and shall not
be subject to requirements relating to the use of non-United
States Government funds for advocacy and lobbying activities
other than those that apply to United States nongovernmental
organizations receiving assistance under part I of such Act.
Sec. 699D. None of the funds made available in this Act may
be expended in violation of section 243(d) of the Immigration
and Nationality Act (8 U.S.C. 1253(d)) (relating to
discontinuing granting visas to nationals of countries that
are denying or delaying accepting aliens removed from the
United States).
ADDITIONAL PEACE CORPS FUNDING
Sec. 699E. (a) The amount appropriated or otherwise made
available by title III under the heading ``peace corps'' is
hereby increased by $10,000,000.
(b) The amount appropriated or otherwise made available by
title IV under the heading ``foreign military financing
program'' is hereby reduced by $10,000,000.
RIGHT TO BEAR ARMS
Sec. 699F. None of the funds made available under this Act
may be made available to any international organization,
agency, or entity (including the United Nations) that
requires the registration of or taxes a gun owned by a
citizen of the United States.
TRANSPARENCY AND ACCOUNTABILITY OF THE UNITED NATIONS
Sec. 699G. (a) Notwithstanding any other provision of this
Act, none of the funds appropriated or otherwise made
available by this Act may be used by the Department of State
as a contribution to the United Nations or any subsidiary
body of the United Nations, including any organization that
is authorized to use the United Nations logo, until the
Secretary of State certifies that the United Nations, such
subsidiary body of the United Nations, or such organization,
as the case may be, is fully and publicly transparent about
all of its spending, including for procurement purposes, that
occurred during fiscal year 2007, including the posting on a
publicly available web site of--
(1) copies of all contracts, grants, subcontracts, and
subgrants awarded or utilized during fiscal year 2007;
(2) copies of all program reviews, audits, budgets, and
project progress reports relating to fiscal year 2007; and
(3) any other financial information deemed necessary by the
Secretary.
(b) The documents required to be made available under
subsection (a) shall be in unredacted form, except that such
information as determined necessary by the Secretary to
protect the identity of whistleblowers or other informants to
investigations and reports and proprietary information may be
redacted.
WITHHOLDING OF UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS HUMAN
RIGHTS COUNCIL
Sec. 699H. (a)(1) No funds appropriated or otherwise made
available by this Act for contributions to international
organizations may be made available to support the United
Nations Human Rights Council.
(2) The prohibition under paragraph (1) shall not apply
if--
(A) the President determines and certifies to the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on Foreign Affairs and the
Committee on Appropriations of the House of Representatives
that the provision of funds to support the United Nations
Human Rights Council
[[Page H15553]]
is in the national interest of the United States; or
(B) the United States is a member of the Human Rights
Council.
Sec. 699I. Study of World Bank's Efforts To Measure the
Success of the Projects It Finances. (a) Sense of Congress.--
It is the sense of Congress that the World Bank should
increase its focus on performance requirements and measurable
results.
(b) Study.--The Comptroller General of the United States
should conduct a study on the actions taken by the World Bank
to--
(1) measure the success of the projects financed by IDA;
(2) employ accurate means to measure the effectiveness of
projects financed by IDA;
(3) combat corruption in governments that receive IDA
funding;
(4) establish clear objectives for IDA projects and
tangible means of assessing the success of such projects; and
(5) use World Bank processes and procedures for procurement
of goods and services on projects receiving financial
assistance from the World Bank.
Sec. 669J. Sense of the Senate Regarding Iraq Refugee
Crisis. (a) Findings.--Congress makes the following findings:
(1) The annual United States worldwide ceiling for refugees
has been 70,000 since 2002.
(2) The Department of State has yet to use all of the
available allocation that could be used for Iraqi refugees.
(3) Since 2003, more than 2,000,000 Iraqis have fled their
country and over 2,000,000 Iraqis are also displaced within
Iraq.
(4) It has become increasingly clear that people who have
assisted the United States, Iraqi Christians and other
religious minorities cannot safely return to Iraq.
(5) The United States Government has an obligation to help
these refugees and should act swiftly to do so.
(6) The United States Government should increase the
allocation of refugee slots for Iraqi refugees for
resettlement in the United States.
(b) Sense of the Senate.--It is the sense of the Senate
that the President should act swiftly to respond to the
deepening humanitarian and refugee crisis in Iraq by using
the entire United States refugee allocation for the Near
East/South Asia region and any unused portion of the
worldwide allocation for Iraqi refugees, particularly people
who have assisted the United States and religious minorities.
OVERSEAS PRIVATE INVESTMENT CORPORATION
Sec. 699K. (a) The amount appropriated or otherwise made
available by title II for the Overseas Private Investment
Corporation under the heading ``program account'' is hereby
increased by $8,000,000.
(b) The amount appropriated or otherwise made available by
title V for ``contribution to the international development
association'' is hereby reduced by $8,000,000.
UNITED STATES-EGYPT FRIENDSHIP ENDOWMENT
Sec. 699L. Of the funds appropriated by this Act and prior
Acts making appropriations for foreign operations, export
financing, and related programs under the heading ``Economic
Support Fund'' that are available for assistance for Egypt,
up to $500,000,000 may be made available for an endowment to
further social, economic and political reforms in Egypt:
Provided, That the Secretary of State shall consult with the
Committees on Appropriations on the establishment of such an
endowment and appropriate benchmarks for the uses of these
funds.
IRAQ
Sec. 699M. (a) None of the funds appropriated or otherwise
made available by this Act may be made available for
assistance for Iraq.
(b) Not later than 30 days after enactment of this Act the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the extent to which the Government
of Iraq is committed to combating corruption in Iraq and the
specific actions and achievements of the Government of Iraq
in combating corruption, to include a list of those senior
Iraqi leaders who have been credibly alleged to be engaged in
corrupt practices and activities.
(c) Notwithstanding any other provision of law, policy, or
regulation, none of the funds made available in this Act or
any other Act making appropriations for foreign operations,
export financing, and related programs may be made available
for assistance for Iraq unless the Secretary of State, in
consultation with the Secretary of Defense, certifies to the
Committees on Appropriations that the Departments of State
and Defense are providing the Committees on Appropriations,
including relevant staff, regular, full and unfettered access
to programs in Iraq for the purposes of conducting oversight.
(d) Subsections (a) and (c) shall not apply to the ninth
and thirteenth provisos under the heading ``Economic Support
Fund'' in this Act.
anti-kleptocracy
Sec. 699N. (a) In furtherance of the National Strategy to
Internationalize Efforts Against Kleptocracy and Presidential
Proclamation 7750, not later than 90 days after the date of
enactment of this Act the Secretary of State shall send to
the appropriate congressional committees a list of officials
of the governments of Angola, Burma, Cambodia, Equatorial
Guinea, Democratic Republic of the Congo, and the Republic of
the Congo, and their immediate family members, who the
Secretary has credible evidence to believe have been involved
in corruption relating to the extraction of natural resources
in their countries.
(b) Not later than 10 days after the list described in
subsection (a) is submitted to the appropriate congressional
committees, the following sanctions shall apply:
(1) Any individual on the list submitted under subsection
(a) shall be ineligible for a visa to enter the United
States.
(2) No property or interest in property belonging to an
individual on the list submitted under subsection (a), or to
a member of the immediate family of such individual if the
property is effectively under the control of such individual,
may be transferred, paid, exported, withdrawn, or otherwise
dealt with, if the property is within the United States or
within the possession or control of a United States person,
including the overseas branch of such person, or after the
date of the enactment of this Act comes within the control of
such person.
(3) No United States person may engage in financial
transactions with an individual on the list submitted under
subsection (a), or with a member of the immediate family of
such individual if the transaction will benefit an individual
on the list submitted under subsection (a).
uganda
Sec. 699O. (a) Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing a strategy for
substantially enhancing United States efforts to resolve the
conflict between the Lord's Resistance Army (LRA) and the
Government of Uganda (GOU), including--
(1) direct and sustained participation by the United States
in confidence-building measures in furtherance of the peace
process;
(2) increased diplomatic pressure on the Democratic
Republic of the Congo (to eliminate the LRA's current safe
haven) and on Sudan;
(3) brokering direct negotiations between the GOU and the
leaders of the LRA on personal security arrangements; and
(4) financial support for disarmament, demobilization, and
reintegration to provide mid-level LRA commanders incentives
to return to civilian life.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $5,000,000 shall be
made available to implement the strategy described in
subsection (a).
COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN
Sec. 699P. (a) Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a comprehensive nuclear threat reduction and
security plan, in classified and unclassified forms--
(1) for ensuring that all nuclear weapons and weapons-
usable material at vulnerable sites are secure by 2012
against the threats that terrorists have shown they can pose;
(2) for working with other countries to ensure adequate
accounting and security for such materials on an ongoing
basis thereafter; and
(3) for making security improvements to ensure, to the
maximum extent feasible, that the existing United States
nuclear weapons stockpile and weapons-usable material be
protected from the threats terrorists have shown they can
pose.
(b) For each element of the accounting and security effort
described under subsection (a)(2), the plan shall--
(1) clearly designate agency and departmental
responsibility and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones to be
achieved;
(3) provide estimates of the program budget requirements
and resources to meet the goals for each year;
(4) provide the strategy for diplomacy and related tools
and authority to accomplish the program element;
(5) provide a strategy for expanding the financial support
and other assistance provided by other countries,
particularly Russia, the European Union and its member
states, China, and Japan, for the purposes of securing
nuclear weapons and weapons-usable material worldwide;
(6) outline the progress in and impediments to securing
agreement from all countries that possess nuclear weapons or
weapons-usable material on a set of global nuclear security
standards, consistent with their obligation to comply with
United Nations Security Council Resolution 1540;
(7) describe the steps required to overcome impediments
that have been identified; and
(8) describe global efforts to promulgate best practices
for securing nuclear materials.
(c) Sense of the Senate.--The Administration shall not sign
any agreement with the Russian Federation on low enriched
uranium that does not include a requirement that a portion of
the low enriched uranium be derived from highly enriched
uranium.
RULE OF LAW AND BORDER SECURITY IN EGYPT
Sec. 699Q. (a) The Senate makes the following findings:
(1) Fighting in Gaza during the summer of 2007 demonstrated
that the terrorist organization Hamas, which unlawfully
seized control over Gaza in June 2007, has been able to
achieve a dramatic increase in the quantity and
sophistication of arms at its disposal.
(2) Without these arms, the terrorist organization would
not have been able to seize control over the Gaza territory.
(3) There is substantial evidence that a significant
proportion of these arms were smuggled across the border
between Gaza and Egypt.
(4) The Egyptian military is a capable force, made possible
in substantial part by a close relationship with the United
States.
(5) Concurrent with the escalation of dangerous arms
smuggling across the border between Egypt and Gaza has been a
retrogression in the rule of law in Egypt.
(6) This loss of hard-earned ground has been characterized
by reports of harsh reaction by the Government of Egypt to
dissent, including the jailing of political opponents.
[[Page H15554]]
(7) The United States has provided aid to Egypt in excess
of $28,000,000,000 over the past three decades.
(b) The Senate--
(1) reaffirms its long-standing friendship with the people
of Egypt;
(2) believes that our friendship with Egypt requires the
Senate to address such vital policy concerns;
(3) urges the Government of Egypt to make concrete and
measurable progress on restoring the rule of law, including
improving the independence of the judiciary and improving
criminal procedures and due process rights and halting the
cross-border flow of arms to Gaza;
(4) believes it is the best interest of Egypt, the region,
and the United States that Egypt takes prompt action to
demonstrate progress on these matters; and
(5) urges the Department of State to work vigorously and
expeditiously with the Government of Egypt and the Government
of Israel to bring the border between Egypt and Gaza border
under effective control.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008''.
Motion Offered by Mr. Obey
Mr. OBEY. Mr. Speaker, pursuant to House Resolution 878, I have a
motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Obey moves that the House concur in the amendment of
the Senate with the amendments printed in House Report 110-
497.
Amendment to the Senate Amendment to H.R. 2764
Page 1 of the amendment of the Senate, strike line 1 and
all that follows through page 227, line 2, and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Emergency designations.
Sec. 6. Statement of appropriations.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
Title VI--Rescissions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2008
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
Title I--Department of Homeland Security
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research and Development, Training, and Services
Title V--General Provisions
Title VI--Border Infrastructure and Technology Modernization
DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
Title V--Wildfire Suppression Emergency Appropriations
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--National Commission on Children and Disasters
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2008
Title I--Department of State and Related Agencies
Title II--Export and Investment Assistance
Title III--Bilateral Economic Assistance
Title IV--Military Assistance
Title V--Multilateral Economic Assistance
Title VI--General Provisions
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding the consolidated
appropriations amendment of the House of Representatives to
the amendment of the Senate to H.R. 2764, printed in the
House section of the Congressional Record on or about
December 17, 2007 by the Chairman of the Committee on
Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of
divisions A through K of this Act as if it were a joint
explanatory statement of a committee of conference.
SEC. 5. EMERGENCY DESIGNATIONS.
Any designation in any division of this Act referring to
this section is a designation of an amount as an emergency
requirement and necessary to meet emergency needs pursuant to
subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for
fiscal year 2008.
SEC. 6. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2008.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,097,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, including economic analysis, risk assessment,
cost-benefit analysis, energy and new uses, and the functions
of the World Agricultural Outlook Board, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),
$10,487,000.
National Appeals Division
For necessary expenses of the National Appeals Division,
$14,466,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program
Analysis, $8,270,000.
Homeland Security Staff
For necessary expenses of the Homeland Security Staff,
$931,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $16,361,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,850,000: Provided, That no funds made available
by this appropriation may be obligated for FAIR Act or
Circular A-76 activities until the Secretary has submitted to
the Committees on Appropriations of both Houses of Congress
and the Committee on Oversight and Government Reform of the
House of Representatives a report on the Department's
contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $854,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$20,496,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant
Secretary for Administration, $673,000.
[[Page H15555]]
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $196,252,000, to
remain available until expended, of which $156,590,000 shall
be available for payments to the General Services
Administration for rent and the Department of Homeland
Security for building security: Provided, That amounts which
are made available for space rental and related costs for the
Department of Agriculture in this Act may be transferred
between such appropriations to cover the costs of additional,
new, or replacement space 15 days after notice thereof is
transmitted to the Appropriations Committees of both Houses
of Congress.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $4,886,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $23,144,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as
required by 5 U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the
programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,795,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available by this
appropriation may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the
Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided
further, That no other funds appropriated to the Department
by this Act shall be available to the Department for support
of activities of congressional relations.
Office of Communications
For necessary expenses of the Office of Communications to
carry out services relating to the coordination of programs
involving public affairs, for the dissemination of
agricultural information, and the coordination of
information, work, and programs authorized by Congress in the
Department, $9,338,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $80,052,000, including such sums as may be necessary
for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $39,227,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service,
the National Agricultural Statistics Service, the
Agricultural Research Service, and the Cooperative State
Research, Education, and Extension Service, $596,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, $77,943,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, $163,355,000, of which up to $52,351,000 shall
be available until expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,128,944,000: Provided, That appropriations hereunder shall
be available for the operation and maintenance of aircraft
and the purchase of not to exceed one for replacement only:
Provided further, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one
building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and
except for 10 buildings to be constructed or improved at a
cost not to exceed $750,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$375,000, whichever is greater: Provided further, That the
limitations on alterations contained in this Act shall not
apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized
by law: Provided further, That hereafter none of the funds
appropriated under this heading shall be available to carry
out research related to the production, processing, or
marketing of tobacco or tobacco products.
Buildings and Facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural
research programs of the Department of Agriculture, where not
otherwise provided, $47,082,000, to remain available until
expended.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $672,997,000, as follows: to carry out
the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$197,192,000; for grants for cooperative forestry research
(16 U.S.C. 582a through a-7), $24,966,000; for payments to
eligible institutions (7 U.S.C. 3222), $41,340,000, provided
that each institution receives no less than $1,000,000; for
special grants for agricultural research (7 U.S.C. 450i(c)),
$92,422,000, of which $2,095,000 shall be for grants pursuant
to 7 U.S.C. 3155; for competitive grants for agricultural
research on improved pest control (7 U.S.C. 450i(c)),
$15,421,000; for competitive research grants (7 U.S.C.
450i(b)), $192,229,000; for the support of animal health and
disease programs (7 U.S.C. 3195), $5,006,000; for
supplemental and alternative crops and products (7 U.S.C.
3319d), $825,000; for grants for research pursuant to the
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,091,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to
section 536 of Public Law 103-382 (7 U.S.C. 301 note),
$1,544,000, to remain available until expended; for rangeland
research grants (7 U.S.C. 3333), $990,000; for higher
education graduate fellowship grants (7 U.S.C. 3152(b)(6)),
$3,701,000, to remain available until expended (7 U.S.C.
2209b); for a program pursuant to section 1415A of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3151a), $875,000, to remain
available until expended; for higher education challenge
grants (7 U.S.C. 3152(b)(1)), $5,423,000; for a higher
education multicultural scholars program (7 U.S.C.
3152(b)(5)), $988,000, to remain available until expended (7
U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $6,089,000; for
competitive grants for the purpose of carrying out all
provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-
78) to individual eligible institutions or consortia of
eligible institutions in Alaska and in Hawaii, with funds
awarded equally to each of the States of Alaska and Hawaii,
$3,218,000; for a secondary agriculture education program and
2-year post-secondary education (7 U.S.C. 3152(j)), $990,000;
for aquaculture grants (7 U.S.C. 3322), $3,956,000; for
sustainable agriculture research and education (7 U.S.C.
5811), $14,500,000; for a program of capacity building grants
(7 U.S.C. 3152(b)(4)) to institutions eligible to receive
funds under 7 U.S.C. 3221 and 3222, $13,688,000, to remain
available until expended (7 U.S.C. 2209b); for payments to
the 1994 Institutions pursuant to section 534(a)(1) of Public
Law 103-382, $3,342,000; for resident instruction grants for
insular areas under section 1491 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3363), $750,000; and for necessary expenses of
Research and Education Activities, $42,451,000, of which
$2,723,000
[[Page H15556]]
for the Research, Education, and Economics Information System
and $2,151,000 for the Electronic Grants Information System,
are to remain available until expended: Provided, That
hereafter none of the funds appropriated under this heading
shall be available to carry out research related to the
production, processing, or marketing of tobacco or tobacco
products: Provided further, That hereafter this paragraph
shall not apply to research on the medical, biotechnological,
food, and industrial uses of tobacco.
Native American Institutions Endowment Fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern
Marianas, and American Samoa, $456,460,000, as follows:
payments for cooperative extension work under the Smith-Lever
Act, to be distributed under sections 3(b) and 3(c) of said
Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension
agents, $276,596,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,321,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$66,019,000; payments for the pest management program under
section 3(d) of the Act, $9,860,000; payments for the farm
safety program under section 3(d) of the Act, $4,759,000;
payments for New Technologies for Ag Extension under Section
3(d) of the Act, $1,485,000; payments to upgrade research,
extension, and teaching facilities at institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222, $17,389,000,
to remain available until expended; payments for youth-at-
risk programs under section 3(d) of the Smith-Lever Act,
$8,024,000; for youth farm safety education and certification
extension grants, to be awarded competitively under section
3(d) of the Act, $467,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978
(16 U.S.C. 1671 et seq.), $4,036,000; payments for the
federally-recognized Tribes Extension Program under section
3(d) of the Smith-Lever Act, $3,000,000; payments for
sustainable agriculture programs under section 3(d) of the
Act, $4,600,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-
419 (7 U.S.C. 2662(i)), $1,750,000; payments for cooperative
extension work by eligible institutions (7 U.S.C. 3221),
$36,103,000, provided that each institution receives no less
than $1,000,000; for grants to youth organizations pursuant
to section 7630 of title 7, United States Code, $1,750,000;
and for necessary expenses of Extension Activities,
$17,301,000.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$56,244,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$42,286,000, including $12,738,000 for the water quality
program, $14,699,000 for the food safety program, $4,125,000
for the regional pest management centers program, $4,419,000
for the Food Quality Protection Act risk mitigation program
for major food crop systems, $1,375,000 for the crops
affected by Food Quality Protection Act implementation,
$3,075,000 for the methyl bromide transition program, and
$1,855,000 for the organic transition program; for a
competitive international science and education grants
program authorized under section 1459A of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3292b), to remain available until expended,
$2,000,000; for grants programs authorized under section
2(c)(1)(B) of Public Law 89-106, as amended, $737,000, to
remain available until September 30, 2009, for the critical
issues program; $1,321,000 for the regional rural development
centers program; and $9,900,000 for the Food and Agriculture
Defense Initiative authorized under section 1484 of the
National Agricultural Research, Extension, and Teaching Act
of 1977, to remain available until September 30, 2009.
Outreach for Socially Disadvantaged Farmers
For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $6,440,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and
Plant Health Inspection Service; the Agricultural Marketing
Service; and the Grain Inspection, Packers and Stockyards
Administration; $721,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $873,754,000, of which $1,000,000 shall be
available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds to the extent necessary to meet emergency conditions;
of which $37,269,000 shall be used for the cotton pests
program for cost share purposes or for debt retirement for
active eradication zones; of which $9,750,000 shall be
available for a National Animal Identification program; of
which $51,725,000 shall be used to conduct a surveillance and
preparedness program for highly pathogenic avian influenza:
Provided, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided
further, That, in addition, in emergencies which threaten any
segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations
or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2008, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
Agricultural Marketing Service
marketing services
For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by
law, and for administration and coordination of payments to
States, $76,862,000, including funds for the wholesale market
development program for the design and development of
wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,233,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, including not less than $10,000,000 for
replacement of a system to support commodity purchases,
except for: (1) transfers to the Department of Commerce as
authorized by the Fish and Wildlife Act of August 8, 1956;
(2) transfers otherwise provided in this Act; and (3) not
more than $16,798,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
Payments to States and Possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $11,709,000, of which not
less than $1,875,000 shall be used to make a grant under this
heading: Provided, That of the amount provided under this
heading, $8,500,000, to remain available until expended, is
for specialty crop block grants authorized under section 101
of the Specialty Crops Competitiveness Act of 2004 (Public
Law 108-465; 7 U.S.C. 1621 note), of which not to exceed five
percent may be available for administrative expenses.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures
used to protect purchasers of farm products, and the
standardization activities related to grain under the
Agricultural Marketing Act of 1946, $38,785,000: Provided,
That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
[[Page H15557]]
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Limitation on Inspection and Weighing Services Expenses
Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service,
$600,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $930,120,000, of which no
less than $829,807,000 shall be available for Federal food
safety inspection; and in addition, $1,000,000 may be
credited to this account from fees collected for the cost of
laboratory accreditation as authorized by section 1327 of the
Food, Agriculture, Conservation and Trade Act of 1990 (7
U.S.C. 138f): Provided, That no fewer than 83 full time
equivalent positions above the fiscal year 2002 level shall
be employed during fiscal year 2008 for purposes dedicated
solely to inspections and enforcement related to the Humane
Methods of Slaughter Act: Provided further, That of the
amount available under this heading, $3,000,000 shall be
obligated to maintain the Humane Animal Tracking System as
part of the Public Health Data Communication Infrastructure
System: Provided further, That not to exceed $650,000 is for
construction of a laboratory sample receiving facility:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the
Foreign Agricultural Service, the Risk Management Agency, and
the Commodity Credit Corporation, $632,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm
Service Agency, $1,134,045,000: Provided, That the Secretary
is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs
administered by the Agency: Provided further, That other
funds made available to the Agency for authorized activities
may be advanced to and merged with this account: Provided
further, That none of the funds made available by this Act
may be used to pay the salary or expenses of any officer or
employee of the Department of Agriculture to close or
relocate any county or field office of the Farm Service
Agency (other than a county or field office that had zero
employees as of February 7, 2007), or to develop, submit,
consider, or approve any plan for any such closure or
relocation before enactment of an omnibus authorization law
to provide for the continuation of agricultural programs for
fiscal years after 2007.
State Mediation Grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$4,400,000.
Grassroots Source Water Protection Program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $3,713,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, $100,000, to remain
available until expended: Provided, That such program is
carried out by the Secretary in the same manner as the dairy
indemnity program described in the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
Agricultural Credit Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), and boll weevil loans (7
U.S.C. 1989), to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$1,471,257,000, of which $1,247,400,000 shall be for
unsubsidized guaranteed loans and $223,857,000 shall be for
direct loans; operating loans, $1,875,686,000, of which
$1,024,650,000 shall be for unsubsidized guaranteed loans,
$271,886,000 shall be for subsidized guaranteed loans and
$579,150,000 shall be for direct loans; Indian tribe land
acquisition loans, $3,960,000; and for boll weevil
eradication program loans, $100,000,000: Provided, That the
Secretary shall deem the pink bollworm to be a boll weevil
for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $14,952,000, of which $4,990,000 shall be for
unsubsidized guaranteed loans, and $9,962,000 shall be for
direct loans; operating loans, $134,561,000, of which
$24,797,000 shall be for unsubsidized guaranteed loans,
$36,270,000 shall be for subsidized guaranteed loans, and
$73,494,000 shall be for direct loans; and Indian tribe land
acquisition loans, $125,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $311,229,000, of
which $303,309,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on
Appropriations of both Houses of Congress are notified at
least 15 days in advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $76,658,000: Provided, That not
more than $11,166,000 of the funds made available under
section 522(e) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)) may be used for program compliance and integrity
purposes, including the data mining project, and for the
Common Information Management System: Provided further, That
not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to the
Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the
Natural Resources Conservation Service, $742,000.
Natural Resources Conservation Service
Conservation Operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $840,326,000, to remain available
until September 30, 2009: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C.
[[Page H15558]]
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That this appropriation shall be available for technical
assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado
River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):
Provided further, That qualified local engineers may be
temporarily employed at per diem rates to perform the
technical planning work of the Service.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering
operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $30,000,000, to remain
available until expended: Provided, That not to exceed
$15,500,000 of this appropriation shall be available for
technical assistance.
Watershed Rehabilitation Program
For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012), and in accordance with the provisions of laws relating
to the activities of the Department, $20,000,000, to remain
available until expended.
resource conservation and development
For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and
32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011;
76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f);
and subtitle H of title XV of the Agriculture and Food Act of
1981 (16 U.S.C. 3451-3461), $51,088,000, to remain available
until expended: Provided, That not to exceed $3,073,000 shall
be available for national headquarters activities.
Healthy Forests Reserve Program
For necessary expenses to carry out the Healthy Forests
Reserve Program authorized under title V of Public Law 108-
148 (16 U.S.C. 6571-6578), $2,000,000, to remain available
until expended.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the
Rural Utilities Service, $632,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development
mission area, including activities with institutions
concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $169,998,000:
Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for
advertising and promotional activities that support the Rural
Development mission area: Provided further, That not more
than $10,000 may be expended to provide modest nonmonetary
awards to non-USDA employees: Provided further, That any
balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.
Rural Housing Service
Rural Housing Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $5,349,391,000 for loans to
section 502 borrowers, of which $1,129,391,000 shall be for
direct loans, and of which $4,220,000,000 shall be for
unsubsidized guaranteed loans; $34,652,000 for section 504
housing repair loans; $70,000,000 for section 515 rental
housing; $130,000,000 for section 538 guaranteed multi-family
housing loans; $5,045,000 for section 524 site loans;
$11,485,000 for credit sales of acquired property, of which
up to $1,485,000 may be for multi-family credit sales; and
$5,000,000 for section 523 self-help housing land development
loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $156,224,000, of which $105,824,000 shall be for
direct loans, and of which $50,400,000, to remain available
until expended, shall be for unsubsidized guaranteed loans;
section 504 housing repair loans, $9,796,000; repair,
rehabilitation, and new construction of section 515 rental
housing, $29,827,000; section 538 multi-family housing
guaranteed loans, $12,220,000; credit sales of acquired
property, $552,000; and section 523 self-help housing and
development loans, $142,000: Provided, That of the total
amount appropriated in this paragraph, $2,500,000 shall be
available through June 30, 2008, for authorized empowerment
zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones: Provided further, That any funds under
this paragraph initially allocated by the Secretary for
housing projects in the State of Alaska that are not
obligated by September 30, 2008, shall be carried over until
September 30, 2009, and made available for such housing
projects only in the State of Alaska: Provided further, That
any unobligated balances for a demonstration program for the
preservation and revitalization of the section 515 multi-
family rental housing properties as authorized by Public Law
109-97 shall be transferred to and merged with the ``Rural
Housing Service, Multi-family Housing Revitalization Program
Account''.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $452,927,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
Rental Assistance Program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $482,090,000, to
remain available through September 30, 2009; and, in
addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That of
this amount, up to $6,000,000 shall be available for debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Act, and not to exceed $50,000
per project for advances to nonprofit organizations or public
agencies to cover direct costs (other than purchase price)
incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That agreements
entered into or renewed during the current fiscal year shall
be funded for a one-year period: Provided further, That any
unexpended balances remaining at the end of such one-year
agreements may be transferred and used for the purposes of
any debt reduction; maintenance, repair, or rehabilitation of
any existing projects; preservation; and rental assistance
activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2008 for a farm labor
multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.
Multi-family Housing Revitalization Program Account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, for the cost to conduct a
housing demonstration program to provide revolving loans for
the preservation of low-income multi-family housing projects,
and for additional costs to conduct a demonstration program
for the preservation and revitalization of multi-family
rental housing properties described in this paragraph,
$28,000,000, to remain available until expended: Provided,
That of the funds made available under this heading,
$5,000,000 shall be available for rural housing vouchers to
any low-income household (including those not receiving
rental assistance) residing in a property financed with a
section 515 loan which has been prepaid after September 30,
2005: Provided further, That the amount of such voucher shall
be the difference between comparable market rent for the
section 515 unit and the tenant paid rent for such unit:
Provided further, That funds made available for such vouchers
shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall,
to the maximum extent practicable, administer such vouchers
with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development
(including the ability to pay administrative costs related to
delivery of the voucher funds): Provided further, That if the
Secretary determines that the amount made available for
vouchers in this or any other Act is not needed for vouchers,
the Secretary may use such funds for the demonstration
programs for the preservation and revitalization of multi-
family rental housing properties described in this paragraph:
Provided further, That of the funds made available under this
heading, $3,000,000 shall be available for the cost of loans
to private non-profit organizations, or such non-profit
organizations' affiliate loan funds and State and local
housing finance agencies, to carry out a housing
demonstration program to provide revolving loans for the
preservation of low-income multi-family housing projects:
Provided further, That loans under such demonstration program
shall have an interest rate of not more than 1 percent direct
loan to the recipient: Provided further, That the Secretary
may defer the interest and principal payment to the Rural
Housing Service for up to 3 years and the term of such loans
shall not exceed 30 years: Provided further, That of the
funds made available under this heading, $20,000,000 shall be
available for a demonstration program for the preservation
and revitalization of the section 514, 515, and 516 multi-
family rental housing properties to restructure existing
[[Page H15559]]
USDA multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances and incentives required by the
Secretary: Provided further, That if the Secretary determines
that additional funds for vouchers described in this
paragraph are needed, funds for the preservation and
revitalization demonstration program may be used for such
vouchers: Provided further, That if Congress enacts
legislation to permanently authorize a section 515 multi-
family rental housing loan restructuring program similar to
the demonstration program described herein, the Secretary may
use funds made available for the demonstration program under
this heading to carry out such legislation with the prior
approval of the Committees on Appropriations of both Houses
of Congress.
Mutual and Self-Help Housing Grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $39,000,000, to
remain available until expended: Provided, That of the total
amount appropriated, $1,000,000 shall be available through
June 30, 2008, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones.
rural housing assistance grants
(including transfer of funds)
For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation
for construction defects, and rural housing preservation made
by the Rural Housing Service, as authorized by 42 U.S.C.
1474, 1479(c), 1490e, and 1490m, $39,000,000, to remain
available until expended: Provided, That of the total amount
appropriated, $1,200,000 shall be available through June 30,
2008, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones:
Provided further, That any balances to carry out a housing
demonstration program to provide revolving loans for the
preservation of low-income multi-family housing projects as
authorized in Public Law 108-447 and Public Law 109-97 shall
be transferred to and merged with the ``Rural Housing
Service, Multi-family Housing Revitalization Program
Account''.
Farm Labor Program Account
For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $22,000,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants
for rural community facilities programs as authorized by
section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $68,952,000, to
remain available until expended: Provided, That $6,300,000 of
the amount appropriated under this heading shall be available
for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the
capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income
rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds
from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $14,000,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That not to exceed $1,000,000 of the amount
appropriated under this heading shall be available through
June 30, 2008, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones for the rural community programs described in section
381E(d)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That section 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading:
Provided further, That any prior balances in the Rural
Development, Rural Community Advancement Program account for
programs authorized by section 306 and described in section
381E(d)(1) of such Act be transferred and merged with this
account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants,
for the rural business development programs authorized by
sections 306 and 310B and described in section 310B(f) and
381E(d)(3) of the Consolidated Farm and Rural Development
Act, $87,700,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
not to exceed $500,000 shall be made available for a grant to
a qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $3,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 1921 et seq.) for any
Rural Community Advancement Program purpose as described in
section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That
$4,000,000 of the amount appropriated under this heading
shall be for business grants to benefit Federally Recognized
Native American Tribes, including $250,000 for a grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development: Provided further, That not to exceed
$8,300,000 of the amount appropriated under this heading
shall be available through June 30, 2008, for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones for the rural business and cooperative
development programs described in section 381E(d)(3) of the
Consolidated Farm and Rural Development Act: Provided
further, That section 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to funds
made available under this heading: Provided further, That any
prior balances in the Rural Development, Rural Community
Advancement Program account for programs authorized by
sections 306 and 310B and described in section 310B(f) and
381E(d)(3) of such Act be transferred and merged with this
account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$33,772,000.
For the cost of direct loans, $14,485,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2008, for
Federally Recognized Native American Tribes and of which
$3,449,000 shall be available through June 30, 2008, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That of the total amount
appropriated, $880,000 shall be available through June 30,
2008, for the cost of direct loans for authorized empowerment
zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,774,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
Rural Economic Development Loans Program Account
(including rescission of funds)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $34,000,000 shall not be
obligated and $34,000,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $28,023,000, of which
$495,000 shall be for a cooperative research agreement with a
qualified academic institution to conduct research on the
national economic impact of all types of cooperatives; and of
which $2,600,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $1,473,000 shall be for
cooperatives or associations of cooperatives whose primary
focus is to provide assistance to small, minority producers
and whose governing board and/or membership is comprised of
at least 75 percent minority; and of which $19,000,000, to
remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 6401 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1621 note).
Rural Empowerment Zones and Enterprise Communities Grants
For grants in connection with empowerment zones and
enterprise communities, $8,187,000, to remain available until
expended, for designated rural empowerment zones and rural
enterprise communities, as authorized by the Taxpayer Relief
Act of 1997 and the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277):
Provided, That the funds provided under this paragraph shall
be made available to empowerment zones and enterprise
communities in a manner and with the same priorities such
funds were made available during the 2007 fiscal year.
[[Page H15560]]
Renewable Energy Program
For the cost of a program of direct loans, loan guarantees,
and grants, under the same terms and conditions as authorized
by section 9006 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8106), $36,000,000: Provided, That the cost
of direct loans and loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, and 310B and described in sections 306C(a)(2),
306D, and 381E(d)(2) of the Consolidated Farm and Rural
Development Act, $562,565,000, to remain available until
expended, of which not to exceed $500,000 shall be available
for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed
$1,000,000 shall be available for the rural utilities program
described in section 306E of such Act: Provided, That
$65,000,000 of the amount appropriated under this heading
shall be for water and waste disposal systems grants
authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm
and Rural Development Act and Native Americans authorized by
306C(a)(1): Provided further, That the Secretary shall
allocate the funds described in the previous proviso in a
manner consistent with the historical allocation for such
populations under these authorities: Provided further, That
not to exceed $18,500,000 of the amount appropriated under
this heading shall be for technical assistance grants for
rural water and waste systems pursuant to section 306(a)(14)
of such Act, unless the Secretary makes a determination of
extreme need, of which $5,600,000 shall be made available for
a grant to a qualified non-profit multi-state regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water and waste water systems, and of which not
less than $800,000 shall be for a qualified national Native
American organization to provide technical assistance for
rural water systems for tribal communities: Provided further,
That not to exceed $13,750,000 of the amount appropriated
under this heading shall be for contracting with qualified
national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That not to exceed $12,700,000 of the amount
appropriated under this heading shall be available through
June 30, 2008, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones for the rural utilities programs described in section
381E(d)(2) of such Act: Provided further, That $20,000,000 of
the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances
for high cost energy grants authorized by section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
transferred to and merged with the Rural Utilities Service,
High Energy Costs Grants Account: Provided further, That
section 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading: Provided further, That any
prior balances in the Rural Development, Rural Community
Advancement Program account programs authorized by sections
306, 306A, 306C, 306D, and 310B and described in sections
306C(a)(2), 306D, and 381E(d)(2) of such Act be transferred
and merged with this account and any other prior balances
from the Rural Development, Rural Community Advancement
Program account that the Secretary determines is appropriate
to transfer.
Rural Electrification and Telecommunications Loans Program Account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by section 305 of the Rural Electrification Act of
1936 (7 U.S.C. 935) shall be made as follows: 5 percent rural
electrification loans, $100,000,000; loans made pursuant to
section 306 of that Act, rural electric, $6,500,000,000;
guaranteed underwriting loans pursuant to section 313A,
$500,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$250,000,000; and for loans made pursuant to section 306 of
that Act, rural telecommunications loans, $295,000,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
sections 305 and 306 of the Rural Electrification Act of 1936
(7 U.S.C. 935 and 936), as follows: cost of rural electric
loans, $120,000, and the cost of telecommunications loans,
$3,620,000: Provided, That notwithstanding section 305(d)(2)
of the Rural Electrification Act of 1936, borrower interest
rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,623,000
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
Distance Learning, Telemedicine, and Broadband Program
For the principal amount of broadband telecommunication
loans, $300,000,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$35,000,000, to remain available until expended: Provided,
That $5,000,000 shall be made available to convert analog to
digital operation those noncommercial educational television
broadcast stations that serve rural areas and are qualified
for Community Service Grants by the Corporation for Public
Broadcasting under section 396(k) of the Communications Act
of 1934, including associated translators and repeaters,
regardless of the location of their main transmitter, studio-
to-transmitter links, and equipment to allow local control
over digital content and programming through the use of high-
definition broadcast, multi-casting and datacasting
technologies.
For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $6,450,000, to remain available until expended:
Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $13,500,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition
Service, $597,000.
Food and Nutrition Service
Child Nutrition Programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $13,901,513,000, to
remain available through September 30, 2009, of which
$7,647,965,000 is hereby appropriated and $6,253,548,000
shall be derived by transfer from funds available under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c):
Provided, That up to $5,505,000 shall be available for
independent verification of school food service claims.
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,020,000,000, to remain available through September 30,
2009, of which such sums as are necessary to restore the
contingency reserve to $150,000,000 shall be placed in
reserve, to remain available until expended, to be allocated
as the Secretary deems necessary, notwithstanding section
17(i) of such Act, to support participation should cost or
participation exceed budget estimates: Provided, That of the
total amount available, the Secretary shall obligate not less
than $15,000,000 for a breastfeeding support initiative in
addition to the activities specified in section 17(h)(3)(A):
Provided further, That only the provisions of section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be
effective in 2008; including $14,000,000 for the purposes
specified in section 17(h)(10)(B)(i) and $30,000,000 for the
purposes specified in section 17(h)(10)(B)(ii): Provided
further, That funds made available for the purposes specified
in section 17(h)(10)(B)(ii) shall only be made available upon
determination by the Secretary that funds are available to
meet caseload requirements without the use of the contingency
reserve funds after the date of enactment of this Act:
Provided further, That none of the funds in this Act shall be
available to pay administrative expenses of WIC clinics
except those that have an announced policy of prohibiting
smoking within the space used to carry out the program:
Provided further, That none of the funds provided in this
account shall be available for the purchase of infant formula
except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully
reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That of the amount provided under this
paragraph, $400,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act).
food stamp program
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $39,782,723,000, of which
$3,000,000,000 to remain available through September 30,
2009, shall be placed in reserve for use only in such amounts
and at such times as may become necessary to carry out
program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
Stamp Act: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as
may be required by law: Provided further, That funds made
available for Employment and Training under this heading
shall remain available until expended, as authorized by
section 16(h)(1) of the Food Stamp Act: Provided further,
That notwithstanding section 5(d) of the Food Stamp Act of
1977, any additional payment received under chapter 5 of
title 37, United States Code, by a member of the United
States Armed Forces deployed to a designated combat zone
shall be excluded from household income for the duration of
the member's deployment if the additional pay is the result
of deployment to or while serving in a combat zone, and it
was not received immediately prior to serving in the
[[Page H15561]]
combat zone: Provided further, That funds made available
under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct
activities related to food stamp program integrity provided
that such activities are authorized by the Food Stamp Act.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$211,770,000, to remain available through September 30, 2009:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2008 to support the
Seniors Farmers' Market Nutrition Program (SFMNP), such funds
shall remain available through September 30, 2009: Provided
further, That no funds available for SFMNP shall be used to
pay State or local sales taxes on food purchased with SFMNP
coupons or checks: Provided further, That the value of
assistance provided by the SFMNP shall not be considered
income or resources for any purposes under any Federal, State
or local laws related to taxation, welfare and public
assistance programs: Provided further, That of the funds made
available under section 27(a) of the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.), the Secretary may use up to
$10,000,000 for costs associated with the distribution of
commodities.
Nutrition Programs Administration
For necessary administrative expenses of the Food and
Nutrition Service, $142,727,000, of which $2,475,000 is for
the purpose of providing Bill Emerson and Mickey Leland
Hunger Fellowships, through the Congressional Hunger Center.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
Salaries and Expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of
1954 (7 U.S.C. 1761-1768), market development activities
abroad, and for enabling the Secretary to coordinate and
integrate activities of the Department in connection with
foreign agricultural work, including not to exceed $158,000
for representation allowances and for expenses pursuant to
section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$159,470,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed
pursuant to the agricultural food production assistance
programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development:
Provided further, That funds made available for the cost of
agreements under title I of the Agricultural Trade
Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the
two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.
Public Law 480 Title I Direct Credit and Food for Progress Program
Account
(including transfers of funds)
For administrative expenses to carry out the credit program
of title I, Public Law 83-480 and the Food for Progress Act
of 1985, $2,680,000, to be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Public Law 480 Title II Grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $1,219,400,000, to remain available until expended.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and
GSM 103, $5,328,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $4,985,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $343,000 may
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
Mc Govern-Dole International Food for Education and Child Nutrition
Program Grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $100,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
Salaries and Expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $2,247,961,000: Provided,
That of the amount provided under this heading, $459,412,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h shall be credited to this account and
remain available until expended, and shall not include any
fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for
fiscal year 2009 but collected in fiscal year 2008;
$48,431,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; and $13,696,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j, and shall be credited to this account and remain
available until expended: Provided further, That fees derived
from prescription drug, medical device, and animal drug
assessments received during fiscal year 2008, including any
such fees assessed prior to the current fiscal year but
credited during the current year, shall be subject to the
fiscal year 2008 limitation: Provided further, That none of
these funds shall be used to develop, establish, or operate
any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$513,461,000 shall be for the Center for Food Safety and
Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $682,759,000 shall be for the
Center for Drug Evaluation and Research and related field
activities in the Office of Regulatory Affairs, of which no
less than $41,900,000 shall be available for the Office of
Generic Drugs; (3) $236,985,000 shall be for the Center for
Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$109,244,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $267,284,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $44,316,000 shall be
for the National Center for Toxicological Research; (7) not
to exceed $99,922,000 shall be for Rent and Related
activities, of which $38,808,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (8) not to exceed
$160,094,000 shall be for payments to the General Services
Administration for rent; and (9) $133,896,000 shall be for
other activities, including the Office of the Commissioner;
the Office of Scientific and Medical Programs; the Office of
Policy, Planning and Preparedness; the Office of
International and Special Programs; the Office of Operations;
and central services for these offices: Provided further,
That of the amounts made available under this heading,
$28,000,000 for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of
Regulatory Affairs shall be available from July 1, 2008, to
September 30, 2009, for implementation of a comprehensive
food safety performance plan: Provided further, That none of
the funds made available under this heading shall be used to
transfer funds under section 770(n) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further,
That funds may be transferred from one specified activity to
another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available
until expended.
In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain
available until expended.
Buildings and Facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $2,450,000, to remain available until
expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $112,050,000, including not to exceed
$3,000 for official reception and representation expenses.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $46,000,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made
[[Page H15562]]
for the Department of Agriculture for the current fiscal year
under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed
182 passenger motor vehicles, of which 142 shall be for
replacement only, and for the hire of such vehicles.
Sec. 702. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, cotton pests program, avian influenza
programs, grasshopper program, up to $9,750,000 in animal
health monitoring and surveillance for the animal
identification system, up to $1,500,000 in the scrapie
program for indemnities, up to $3,000,000 in the emergency
management systems program for the vaccine bank, up to
$1,000,000 for wildlife services methods development, up to
$1,000,000 of the wildlife services operations program for
aviation safety, and up to 25 percent of the screwworm
program; Food Safety and Inspection Service, Public Health
Data Communication Infrastructure System; Cooperative State
Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)), funds for the
Research, Education, and Economics Information System, and
funds for the Native American Institutions Endowment Fund;
Farm Service Agency, salaries and expenses funds made
available to county committees; Foreign Agricultural Service,
middle-income country training program, and up to $2,000,000
of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international
currency exchange rates, subject to documentation by the
Foreign Agricultural Service.
Sec. 703. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary
balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital
equipment necessary for the financial management
modernization initiative and the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture: Provided, That none of the funds made available
by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without the prior
approval of the Committees on Appropriations of both Houses
of Congress: Provided further, That none of the funds
appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to make any changes to the
Department's National Finance Center without prior approval
of the Committees on Appropriations of both Houses of
Congress as required by section 713 of this Act.
Sec. 704. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 705. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 706. None of the funds in this Act shall be available
to pay indirect costs charged against competitive
agricultural research, education, or extension grant awards
issued by the Cooperative State Research, Education, and
Extension Service that exceed 20 percent of total Federal
funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education,
and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section
9 of the Small Business Act (15 U.S.C. 638).
Sec. 707. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 708. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 709. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 710. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act to any other agency or office of the Department for
more than 30 days unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office
for the salary and expenses of the employee for the period of
assignment.
Sec. 711. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and
Drug Administration shall be used to transmit or otherwise
make available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or
responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 712. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without the prior
approval of the Committees on Appropriations of both Houses
of Congress: Provided further, That none of the funds
available to the Department of Agriculture for information
technology shall be obligated for projects over $25,000 prior
to receipt of written approval by the Chief Information
Officer.
Sec. 713. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the
Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, which-ever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a
change in existing programs, activities, or projects as
approved by Congress; unless the Committees on Appropriations
of both Houses of Congress are notified 15 days in advance of
such reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing
a program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
Sec. 714. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's Budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the Budget
unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2009
appropriations Act.
Sec. 715. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance--
(1) from funds available for the Watershed and Flood
Prevention Operations program for the Pocasset River
Floodplain Management Project in the State of Rhode Island;
(2) through the Watershed and Flood Prevention Operations
program to carry out the East Locust Creek Watershed Plan
Revision in Missouri, including up to 100 percent of the
engineering assistance and 75 percent cost share for
construction cost of site RW1;
(3) through the Watershed Flood Prevention Operations
program to carry out the Little Otter Creek Watershed
project. The sponsoring local organization may obtain land
rights by perpetual easements; and
(4) through the Watershed and Flood Prevention Operations
program to the McDowell Grove Dam Flood Plain/Wetlands
Restoration Project in DuPage County, Illinois.
Sec. 716. None of the funds made available by this or any
other Act may be used to close or relocate a Rural
Development office unless or
[[Page H15563]]
until the Secretary of Agriculture determines the cost
effectiveness and/or enhancement of program delivery:
Provided, That not later than 60 days before the date of the
proposed closure or relocation, the Secretary notifies the
Committees on Appropriation of the House and Senate, and the
members of Congress from the State in which the office is
located of the proposed closure or relocation and provides a
report that describes the justifications for such closures
and relocations.
Sec. 717. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 718. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 26
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 719. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out an
environmental quality incentives program authorized by
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) in excess of
$1,000,000,000.
Sec. 720. None of the funds made available in fiscal year
2008 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be
used to reimburse the Commodity Credit Corporation for the
release of eligible commodities under section 302(f)(2)(A) of
the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1):
Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to
section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian
Trust Act.
Sec. 721. No funds shall be used to pay salaries and
expenses of the Department of Agriculture to carry out or
administer the program authorized by section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
Sec. 722. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C.
940c(c) and (e)(2)) in implementing section 313A of that Act,
the Secretary shall, with the consent of the lender,
structure the schedule for payment of the annual fee, not to
exceed an average of 30 basis points per year for the term of
the loan, to ensure that sufficient funds are available to
pay the subsidy costs for note guarantees under that section.
Sec. 723. None of the funds made available by this Act may
be used to issue a final rule in furtherance of, or otherwise
implement, the proposed rule on cost-sharing for animal and
plant health emergency programs of the Animal and Plant
Health Inspection Service published on July 8, 2003 (Docket
No. 02-062-1; 68 Fed. Reg. 40541).
Sec. 724. There is hereby appropriated $437,000, to remain
available until expended, for the Denali Commission to
address deficiencies in solid waste disposal sites which
threaten to contaminate rural drinking water supplies.
Sec. 725. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 in the
current fiscal year shall remain available until expended to
disburse obligations made in the current fiscal year. Funds
made available under section 524(b) of the Federal Crop
Insurance Act, 7 U.S.C. 1524(b), in fiscal years 2004, 2005,
2006, 2007, and 2008 shall remain available until expended to
disburse obligations made in fiscal years 2004, 2005, 2006,
2007, and 2008 respectively, and except for fiscal year 2008
funds, are not available for new obligations.
Sec. 726. None of the funds provided in this Act may be
used for salaries and expenses to draft or implement any
regulation or rule insofar as it would require
recertification of rural status for each electric and
telecommunications borrower for the Rural Electrification and
Telecommunication Loans program.
Sec. 727. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 728. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification
Act, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under Section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 729. Notwithstanding any other provision of law, the
Secretary of Agriculture is authorized to make funding and
other assistance available through the emergency watershed
protection program under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to repair and prevent
damage to non-Federal land in watersheds that have been
impaired by fires initiated by the Federal Government and
shall waive cost sharing requirements for the funding and
assistance.
Sec. 730. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a
contract with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive
sourcing activity of the Secretary of Agriculture, including
support personnel of the Department of Agriculture, relating
to rural development or farm loan programs.
Sec. 731. Of the amount available for Estimated Future
Needs under section 32 of the Act of August 24, 1935,
$184,000,000 are hereby rescinded: Provided, That in
addition, of the unobligated balances under section 32 of the
Act of August 24, 1935, $500,000,000 are hereby rescinded.
Sec. 732. Of the appropriations available for payments for
the nutrition and family education program for low-income
areas under section 3(d) of the Smith-Lever Act (7 U.S.C.
343(d)), if the payment allocation pursuant to section
1425(c) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3175(c)) would be less
than $100,000 for any institution eligible under section
3(d)(2) of the Smith-Lever Act, the Secretary shall adjust
payment allocations under section 1425(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to ensure that each institution receives a payment of
not less than $100,000.
Sec. 733. None of the funds made available in this Act may
be used to establish or implement a rule allowing poultry
products to be imported into the United States from the
People's Republic of China.
Sec. 734. There is hereby appropriated $3,750,000, to
remain available until expended, for a grant to the National
Center for Natural Products Research for construction or
renovation to carry out the research objectives of the
natural products research grant issued by the Food and Drug
Administration.
Sec. 735. There is hereby appropriated $150,000, to remain
available until expended, for the planning and design of
construction of an agriculture pest facility in the State of
Hawaii.
Sec. 736. None of the funds made available to the
Department of Agriculture in this Act may be used to
implement the risk-based inspection program in the 30
prototype locations announced on February 22, 2007, by the
Under Secretary for Food Safety, or at any other locations,
until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the
Committees on Appropriations of the House of Representatives
and the Senate on the data used in support of the development
and design of the risk-based inspection program and FSIS has
addressed and resolved issues identified by OIG.
Sec. 737. The Secretary of Agriculture shall continue the
Water and Waste Systems Direct Loan Program under the
authority and conditions (including the fees, borrower
interest rate, and the President's economic assumptions for
the 2008 Fiscal Year, as of June 1, 2007) provided by the
``Continuing Appropriations Resolution, 2007''.
Sec. 738. (a) Section 13(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D) as
subparagraphs (A) through (C), respectively;
(C) in subparagraph (A) (as redesignated by subparagraph
(B)), striking ``(B)'' and all that follows through ``shall
not exceed'' and inserting the following:
``(A) In general.--Subject to subparagraph (B) and in
addition to amounts made available under paragraph (3),
payments to service institutions shall be'';
(D) in subparagraph (B) (as redesignated by subparagraph
(B)), by striking ``subparagraph (B)'' and inserting
``subparagraph (A)''; and
(E) in subparagraph (C) (as redesignated by subparagraph
(B)), by striking ``(A), (B), and (C)'' and inserting ``(A)
and (B)''; and
(2) in the second sentence of paragraph (3), by striking
``full amount of State approved'' and all that follows
through ``maximum allowable''.
(b) Conforming Amendment.--Section 18 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769) is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) through (k) as
subsections (f) through (j), respectively.
(c) Effective Date.--The amendments made by this section
take effect on January 1 of the first full calendar year
following the date of enactment of this Act.
Sec. 739. There is hereby appropriated $9,900,000, to
remain available until September 30, 2009, which, in
conjunction with all unobligated balances available to the
Secretary under section 18(g) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)) shall be used
to continue the Fresh Fruit and Vegetable Program (42 U.S.C.
1769(g)) in all currently participating States and expand the
program to all the contiguous States and, Alaska, Hawaii and
the District of Columbia not currently served by the
authorized program: Provided, That of funds available under
this section, not to exceed 5 percent may be available for
Federal administrative costs, as determined by the Secretary
of Agriculture: Provided further, That for the purposes of
this section, ``currently participating States'' shall be
defined as those authorized to participate under section
18(g) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769(g)) as well as those authorized to participate
under section 779 of Public Law 109-97: Provided further,
That implementation of the program in new States shall begin
with school year 2008/2009.
Sec. 740. Section 704 of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2258) is amended by striking
the first proviso.
Sec. 741. None of the funds made available in this Act may
be used to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
[[Page H15564]]
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 742. There is hereby appropriated $800,000 to the Farm
Service Agency to carry out a pilot program to demonstrate
the use of new technologies that increase the rate of growth
of re-forested hardwood trees on private non-industrial
forests lands, enrolling lands on the coast of the Gulf of
Mexico that were damaged by Hurricane Katrina in 2005.
Sec. 743. (a) Sections 9001(a) and 9002 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28;
121 Stat. 211, 214) are amended by striking ``February 28,
2007'' each place it occurs and inserting ``December 31,
2007''.
(b) There is hereby appropriated $20,000,000 for the ``Farm
Service Agency, Salaries and Expenses''.
(c) Each amount provided by this section is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
Sec. 744. Section 17(r)(5) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``seven'' and inserting ``eight'';
(2) by striking ``five'' and inserting ``six''; and
(3) by inserting ``West Virginia,'' after the first
instance of ``States shall be''.
Sec. 745. Hereafter, notwithstanding any other provision of
law, of the funds made available for the Commodity Assistance
Program under division B of Public Law 109-148, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf
of Mexico and Pandemic Influenza, 2006, all unexpended funds
shall be made available to support normal program operations
of the Commodity Supplemental Food Program under the
Agriculture and Consumer Protection Act of 1973 and of the
Emergency Food Assistance Program under the Emergency Food
Assistance Act of 1983: Provided, That any commodities
purchased with funds made available under Public Law 109-148
and remaining undistributed shall be used to support normal
program operations under the authorities cited in this
section.
Sec. 746. Notwithstanding any other provision of law, and
until receipt of the decennial Census for the year 2010, the
Secretary of Agriculture shall consider--
(1) the City of Alamo, Texas; the City of Mercedes, Texas;
the City of Weslaco, Texas; the City of Donna, Texas; the
City of La Feria, Texas; and the City of Northampton,
Massachusetts, (including individuals and entities with
projects within the cities) eligible for loans and grants
funded through the Rural Business Program account;
(2) the City of Bainbridge Island, Washington; the City of
Keene, New Hampshire; and the City of Havelock, North
Carolina, (including individuals and entities with projects
within the cities) eligible for loans and grants funded
through the Rural Community Facilities Program account;
(3) the City of Freeport, Illinois; Kitsap County (except
the City of Bremerton), Washington; the City of Atascadero,
California; and the City of Paso Robles, California,
(including individuals and entities with projects within the
cities) eligible for loans and grants funded through the
Rural Housing Insurance Fund Program account and the Rural
Housing Assistance Grants account;
(4) the City of Canton, Mississippi, (including individuals
and entities with projects within the cities) eligible for
loans and grants funded through the Rural Water and Waste
Disposal Program account;
(5) the City of Parsons, Kansas; the Town of Boone, North
Carolina; the City of Henderson, North Carolina; and the City
of Lenoir, North Carolina, to be rural areas for the purposes
of eligibility for loans and grants funded through the Rural
Water and Waste Disposal Program account;
(6) the City of Lansing, Kansas, a rural area for purposes
of eligibility for Rural Housing Service programs, and the
City of Leavenworth, Kansas, and the City of Lansing, Kansas,
as separate geographic entities for purposes of Rural
Development grants and loans;
(7) the City of Binghamton, New York, for the purpose of
upgrading a trunk line for waste transport to the Town of
Conklin, New York, (including individuals and entities with
projects within the cities) eligible for loans and grants
funded through the Rural Water and Waste Disposal Program
account;
(8) the County of Lexington, South Carolina, shall be
considered to be a rural area for the purposes of financing a
farmers' market under the Business and Industry Loan
Guarantee Program in a local area that has rural
characteristics as determined by the Secretary; and
(9) the service areas being acquired by Mid-Kansas Electric
Cooperative, except for the City of Dodge City, Kansas, shall
be considered eligible for financing under the Rural
Electrification Act of 1936, as amended.
Sec. 747. None of the funds made available in this Act may
be used--
(1) to terminate any of the 13 field laboratories that are
operated by the Food and Drug Administration as of January 1,
2007, or 20 District Offices, or any of the inspection or
compliance functions of any of the 20 District Offices, of
the Food and Drug Administration functioning as of January 1,
2007; or
(2) to consolidate any such laboratory with any other
laboratory, or any such District Office, or any of the
inspection or compliance functions of any District Office,
with any other District Office.
Sec. 748. Hereafter, the Secretary may use funds made
available in chapter 1 of division B of Public Law 109-148
for direct and guaranteed loans under title V of the Housing
Act of 1949, to make or guarantee loans, as authorized under
such Act, to finance housing and repairs to housing in rural
areas affected by hurricanes that occurred during the 2005
calendar year.
Sec. 749. Of the unobligated balances provided pursuant to
section 16(h)(1)(A) of the Food Stamp Act of 1977,
$10,500,000 is hereby rescinded.
Sec. 750. Of the unobligated balances available in the
Child and Adult Care Food Program for the purpose of
conducting audits of participating institutions as provided
for under section 796 of Public Law 109-97, $3,500,000 is
hereby rescinded.
Sec. 751. Extension of Agricultural Programs. (a)
Extension.--Except as otherwise provided in this Act and
notwithstanding any other provision of law, the authorities
provided under the Farm Security and Rural Investment Act of
2002 (Public Law 107-171; 7 U.S.C. 7901 et seq.) and each
amendment made by that Act (and for mandatory programs at
such funding levels), as in effect on September 30, 2007,
shall continue, and the Secretary of Agriculture shall carry
out the authorities, until March 15, 2008.
(b) Conservation Programs.--
(1) Farmland protection program.--Notwithstanding any other
provision of law, the Secretary of Agriculture (referred to
in this subsection as the ``Secretary'') shall continue the
farmland protection program established under subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838h et seq.) at a funding level of
$97,000,000 per year.
(2) Ground and surface water conservation.--Notwithstanding
any other provision of law, the Secretary shall continue the
ground and surface water conservation program established
under section 1240I of the Food Security Act of 1985 (16
U.S.C. 3839aa-9) at a funding level of $60,000,000 per year.
(3) Wildlife habitat incentives program.--Notwithstanding
any other provision of law, the Secretary shall continue the
wildlife habitat incentive program established under section
1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb-1)
at a funding level of $85,000,000 per year.
(c) Exceptions.--This section does not apply with respect
to--
(1) section 1307(a)(6) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7957(a)(6));
(2) section 524(b) of the Federal Crop Insurance Act (7
U.S.C. 1524(b));
(3) section 25 of the Food Stamp Act of 1977 (7 U.S.C.
2034);
(4) title VI of the Rural Electrification Act of 1936 (7
U.S.C. 950bb et seq.);
(5) section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note; Public Law 106-224);
(6) section 9002 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8102);
(7) section 9004 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8104);
(8) section 9006 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8106); and
(9) subtitles A through C of title I of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.),
with respect to the 2008 crops (other than the 2008 crop of a
loan commodity described in paragraph (11), (12), or (13) of
section 1202(b) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7932(b))).
Sec. 752. (a) Except as provided in subsection (c), there
is hereby rescinded an amount equal to 0.7 percent of the
budget authority provided for fiscal year 2008 for any
discretionary account in division A of this Act.
(b) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act,
accompanying reports, or explanatory statement for the
relevant fiscal year covering such account or item).
(c) The rescission in subsection (a) shall not apply to
budget authority appropriated or otherwise made available by
this Act in the following amounts in the following activities
or accounts:
(1) $6,020,000,000 provided for the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC) in
the Department of Agriculture in division A.
(2) $930,120,000 provided for the Food Safety and
Inspection Service in the Department of Agriculture in
division A.
(3) Any amount designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
(d) Not later than 30 days after the date of enactment of
this Act, the Director of the Office of Management and Budget
shall submit to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives a report that specifies the account and
amount of each rescission made pursuant to this section.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2008''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of
[[Page H15565]]
grants and cooperative agreements for the purpose of
promoting exports of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard
to 49 U.S.C. 40118; employment of Americans and aliens by
contract for services; rental of space abroad for periods not
exceeding 10 years, and expenses of alteration, repair, or
improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle;
obtaining insurance on official motor vehicles; and rental of
tie lines, $413,172,000, to remain available until September
30, 2009, of which $8,000,000 is to be derived from fees to
be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided,
That $40,520,923 shall be for Manufacturing and Services;
$41,384,054 shall be for Market Access and Compliance;
$62,712,833 shall be for the Import Administration of which
$5,900,000 shall be for the Office of China Compliance;
$236,945,290 shall be for the United States and Foreign
Commercial Service; and $25,146,400 shall be for Executive
Direction and Administration: Provided further, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities: Provided further, That the International Trade
Administration shall be exempt from the requirements of
Circular A-25 (or any successor administrative regulation or
policy) issued by the Office of Management and Budget:
Provided further, That negotiations shall be conducted within
the World Trade Organization to recognize the right of
members to distribute monies collected from antidumping and
countervailing duties: Provided further, That negotiations
shall be conducted within the World Trade Organization
consistent with the negotiating objectives contained in the
Trade Act of 2002, Public Law 107-210.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established
by law, $72,855,000, to remain available until expended, of
which $13,627,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for providing information to the public with respect to
the export administration and national security activities of
the Department of Commerce and other export control programs
of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $249,100,000, to remain
available until expended.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,832,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$28,623,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $81,075,000, to remain available until September
30, 2009.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $202,838,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law,
$1,027,406,000, to remain available until September 30, 2009:
Provided, That none of the funds provided in this or any
other Act for any fiscal year may be used for the collection
of census data on race identification that does not include
``some other race'' as a category.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $17,466,000, to remain available until September 30,
2009: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That the Secretary of Commerce is authorized to
retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications
research, engineering, and related activities by the
Institute for Telecommunication Sciences of NTIA, in
furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall
remain available until expended.
public telecommunications facilities, planning and construction
For the administration of grants authorized by section 392
of the Communications Act of 1934, $18,800,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States
Patent and Trademark Office, $1,915,500,000, to remain
available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during
fiscal year 2008, so as to result in a fiscal year 2008
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2008, should the total
amount of offsetting fee collections be less than
$1,915,500,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$1,915,500,000 in fiscal year 2008, in an amount up to
$100,000,000, shall remain available until expended: Provided
further, That not less than 1,020 full-time equivalents,
1,082 positions and $214,150,000 shall be for the examination
of trademark applications; and not less than 8,522 full-time
equivalents, 9,000 positions and $1,701,402,000 shall be for
the examination and searching of patent applications:
Provided further, That not less than $16,015,000 shall be for
training of personnel: Provided further, That $1,000,000 may
be transferred to ``Departmental Management'', ``Salaries and
Expenses'' for activities associated with the National
Intellectual Property Law Enforcement Coordination Council:
Provided further, That any deviation from the full-time
equivalent, position, and funding designations set forth in
the preceding provisos shall be subject to the procedures set
forth in section 505 of this Act: Provided further, That from
amounts provided herein, not to exceed $1,000 shall be made
available in fiscal year 2008 for official reception and
representation expenses: Provided further, That in fiscal
year 2008, from the amounts made available for ``Salaries and
Expenses'' for the United States Patent and Trademark Office
(PTO), the amounts necessary to pay: (1) the difference
between the percentage of basic pay contributed by the PTO
and employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) of basic pay, of employees subject to
subchapter III of chapter 83 of that title; and (2) the
present value of the otherwise unfunded accruing costs, as
determined by the Office of Personnel Management, of post-
retirement life insurance and post-retirement health benefits
coverage for all PTO employees, shall be transferred to the
Civil Service Retirement and Disability Fund, the Employees
Life Insurance Fund, and the Employees Health Benefits Fund,
as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That sections
801, 802, and 803 of division B, Public Law 108-447 shall
remain in effect during fiscal year 2008: Provided further,
That the Director may reduce patent filing fees payable in
2008 for documents filed electronically consistent with
Federal regulation.
[[Page H15566]]
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $440,517,000, to remain available
until expended, of which not to exceed $6,580,000 may be
transferred to the ``Working Capital Fund'': Provided, That
not to exceed $5,000 shall be for official reception and
representation expenses.
industrial technology services
For necessary expenses of the Hollings Manufacturing
Extension Partnership of the National Institute of Standards
and Technology, $89,640,000, to remain available until
expended.
In addition, for necessary expenses of the Technology
Innovation Program of the National Institute of Standards and
Technology, $65,200,000, to remain available until expended:
Provided, That of the $70,200,000 provided for in direct
obligations under this heading, $65,200,000 is appropriated
from the general fund and $5,000,000 is derived from
recoveries of prior year obligations from the Advanced
Technology Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities including agency
recreational and welfare facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $160,490,000, to remain
available until expended, of which $30,080,000 is for a
competitive construction grant program for research science
buildings: Provided, That the Secretary of Commerce shall
include in the budget justification materials that the
Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) an estimate for each National Institute of Standards
and Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the
budget justification materials shall include an estimate of
the budgetary requirements for each such project for each of
the five subsequent fiscal years: Provided further, That
notwithstanding any other provision of law, of the amount
made available for construction of research facilities,
$7,332,000 shall be for the University of Mississippi Medical
Center Biotechnology Research Park; $7,332,000 shall be for
the Mississippi State University Research, Technology and
Economic Development Park; $1,598,000 shall be for the
University of Southern Mississippi Innovation and
Commercialization Park Infrastructure and Building
Construction and Equipage; $5,000,000 shall be for the
Alabama State University Life Sciences Building; and
$30,000,000 shall be for laboratory and research space at the
University of South Alabama Engineering and Science Center.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $2,856,277,000, to remain available until
September 30, 2009, except for funds provided for cooperative
enforcement, which shall remain available until September 30,
2010: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $3,000,000
shall be derived by transfer from the fund entitled ``Coastal
Zone Management'' and in addition $77,000,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'': Provided further, That of the $2,941,277,000
provided for in direct obligations under this heading
$2,856,277,000 is appropriated from the general fund,
$80,000,000 is provided by transfer, and $5,000,000 is
derived from recoveries of prior year obligations: Provided
further, That of the funds provided under this heading,
$235,000 is made available until expended subject to
procedures set forth in section 209 of Public Law 108-447:
Provided further, That the total amount available for the
National Oceanic and Atmospheric Administration corporate
services administrative support costs shall not exceed
$206,484,000: Provided further, That payments of funds made
available under this heading to the Department of Commerce
Working Capital Fund including Department of Commerce General
Counsel legal services shall not exceed $34,164,000: Provided
further, That any deviation from the amounts designated for
specific activities in the report accompanying this Act, or
any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That
grants to States pursuant to sections 306 and 306A of the
Coastal Zone Management Act of 1972, as amended, shall not
exceed $2,000,000, unless funds provided for ``Coastal Zone
Management Grants'' exceed funds provided in the previous
fiscal year: Provided further, That if funds provided for
``Coastal Zone Management Grants'' exceed funds provided in
the previous fiscal year, then no State shall receive more
than 5 percent or less than 1 percent of the additional
funds: Provided further, That the Administrator of the
National Oceanic and Atmospheric Administration may engage in
formal and informal education activities, including primary
and secondary education, related to the agency's mission
goals: Provided further, That in accordance with section 215
of Public Law 107-372 the number of officers in the NOAA
Commissioned Officer Corps shall increase to 321: Provided
further, That of the funds provided, $13,395,000 is provided
for the alleviation of economic impacts associated with
Framework 42 on the Massachusetts groundfish fishery.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$979,207,000, to remain available until September 30, 2010,
except funds provided for construction of facilities which
shall remain available until expended: Provided, That of the
amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made
available on a dollar-for-dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That except to the extent expressly
prohibited by any other law, the Department of Defense may
delegate procurement functions related to the National Polar-
orbiting Operational Environmental Satellite System to
officials of the Department of Commerce pursuant to section
2311 of title 10, United States Code: Provided further, That
any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $67,000,000, to remain available
until September 30, 2009.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations,
Research, and Facilities'' account to offset the costs of
implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2008, obligations of direct loans
may not exceed $8,000,000 for Individual Fishing Quota loans
and not to exceed $59,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936: Provided, That
none of the funds made available under this heading may be
used for direct loans for any new fishing vessel that will
increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $44,294,000:
Provided, That the Secretary, within 120 days of enactment of
this Act, shall provide a report to the Committees on
Appropriations that audits and evaluates all decision
documents and expenditures by the Bureau of the Census as
they relate to the 2010 Census: Provided further, That of the
amounts provided to the Secretary within this account,
$10,000,000 shall not become available for obligation until
the Secretary certifies to the Committees on Appropriations
that the Bureau of the Census has followed, and met all best
practices, and all Office of Management and Budget guidelines
related to information technology projects.
hchb renovation and modernization
For expenses necessary for the renovation and modernization
of the Herbert C. Hoover Building, $3,722,000, to remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $22,020,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such
[[Page H15567]]
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition
or disposal of any capital asset (including land, structures,
and equipment) not specifically provided for in this Act or
any other law appropriating funds for the Department of
Commerce: Provided further, That for the National Oceanic and
Atmospheric Administration this section shall provide for
transfers among appropriations made only to the National
Oceanic and Atmospheric Administration and such
appropriations may not be transferred and reprogrammed to
other Department of Commerce bureaus and appropriation
accounts.
Sec. 104. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 105. (a) Section 101(k) of the Emergency Steel Loan
Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by
striking ``2007'' and inserting ``2009''.
(b) Paragraphs (1) and (2) of section 101(b) of the
Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841
note) are each amended by striking ``in 1998'' and inserting
``since 1998''.
(c) Subparagraph (C) of section 101(c)(3) of the Emergency
Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is
amended by striking ``, in 1998'' and inserting ``in 1998,
and thereafter,''.
(d) The Emergency Steel Loan Guarantee Act of 1999 (15
U.S.C. 1841 note) is amended by adding at the end the
following:
``SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES.
``(a) In addition to funds made available under section
101(j) of the Emergency Steel Loan Guarantee Act of 1999 (15
U.S.C. 1841 note), up to $1,000,000 in funds made available
under section 101(f) of such Act may be used for salaries and
administrative expenses to administer the Emergency Steel
Loan Guarantee Program.
``(b) Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee
Program shall remain available until expended.''.
Sec. 106. Hereafter, notwithstanding any other provision of
law, no funds appropriated under this Act shall be used to
register, issue, transfer, or enforce any trademark of the
phrase ``Last Best Place''.
Sec. 107. Section 3315(b) of title 19, United States Code,
is amended by inserting ``, including food when
sequestered,'' following ``for the establishment and
operations of the United States Section and for the payment
of the United States share of the expenses''.
Sec. 108. Notwithstanding the requirements of subsection
4703(d), the personnel management demonstration project
established by the Department of Commerce pursuant to 5
U.S.C. 4703 may be expanded to involve more than 5,000
individuals, and is extended indefinitely.
Sec. 109. Section 212(b) of the National Technical
Information Act of 1988 (15 U.S.C. 3704b) is amended by
striking ``Under Secretary of Commerce for Technology'' and
inserting ``Director of the National Institute of Standards
and Technology''.
Sec. 110. The Secretary of Commerce is permitted to
prescribe and enforce standards or regulations affecting
safety and health in the context of scientific and
occupational diving within the National Oceanic and
Atmospheric Administration.
Sec. 111. (a) The Secretary of Commerce is authorized to
provide compensation to fishery participants who will be
displaced by the 2011 fishery closure resulting from the
creation by Presidential proclamation of the
Papahanaumokuakea Marine National Monument.
(b) The Secretary shall promulgate regulations for the
voluntary capacity reduction program that:
(1) identifies eligible participants as those individuals
holding commercial Federal fishing permits for either lobster
or bottomfish in the designated waters within the
Papahanaumokuakea Marine National Monument;
(2) provides a mechanism to compensate eligible
participants for no more than the economic value of their
permits;
(3) at the option of each eligible permit holder, provides
an optional mechanism for additional compensation based on
the value of the fishing vessel and gear of such participants
who so elect to receive these additional funds, provided that
the commercial fishing vessels of such participants will not
be used for fishing.
(c) There is authorized to be appropriated to the National
Oceanic and Atmospheric Administration's National Marine
Fisheries Service, $6,697,500 for fiscal year 2008.
(d) Nothing in this section is intended to enlarge or
diminish Federal or State title, jurisdiction, or authority
with respect to the waters of the Northwestern Hawaiian
Islands or the tidal or submerged lands under any provision
of State or Federal law.
Sec. 112. (a) For purposes of this section--
(1) the term ``Under Secretary'' means Under Secretary of
Commerce for Oceans and Atmosphere;
(2) the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Appropriations and the Committee on
Science and Technology of the House of Representatives;
(3) the term ``satellite'' means the satellites proposed to
be acquired for the National Oceanic and Atmospheric
Administration, other than the National Polar-orbiting
Operational Environmental Satellite System (NPOESS);
(4) the term ``development'' means the phase of a program
following the formulation phase and beginning with the
approval to proceed to implementation, as defined in NOAA
Administrative Order 216-108, Department of Commerce
Administrative Order 208-3, and NASA's Procedural
Requirements 7120.5c, dated March 22, 2005;
(5) the term ``development cost'' means the total of all
costs, including construction of facilities and civil servant
costs, from the period beginning with the approval to proceed
to implementation through the achievement of operational
readiness, without regard to funding source or management
control, for the life of the program;
(6) the term ``life-cycle cost'' means the total of the
direct, indirect, recurring, and nonrecurring costs,
including the construction of facilities and civil servant
costs, and other related expenses incurred or estimated to be
incurred in the design, development, verification,
production, operation, maintenance, support, and retirement
of a program over its planned lifespan, without regard to
funding source or management control;
(7) the term ``major program'' means an activity approved
to proceed to implementation that has an estimated life-cycle
cost of more than $250,000,000;
(8) the term ``baseline'' means the program as set
following contract award and critical design review of the
space and ground systems.
(b)(1) NOAA shall not enter into a contract for development
of a major program, unless the Under Secretary determines
that--
(A) the technical, cost, and schedule risks of the program
are clearly identified and the program has developed a plan
to manage those risks;
(B) the technologies required for the program have been
demonstrated in a relevant laboratory or test environment;
(C) the program complies with all relevant policies,
regulations, and directives of NOAA and the Department of
Commerce;
(D) the program has demonstrated a high likelihood of
accomplishing its intended goals; and
(E) the acquisition of satellites for use in the program
represents a good value to accomplishing NOAA's mission.
(2) The Under Secretary shall transmit a report describing
the basis for the determination required under paragraph (1)
to the appropriate congressional committees at least 30 days
before entering into a contract for development under a major
program.
(3) The Under Secretary may not delegate the determination
requirement under this subsection, except in cases in which
the Under Secretary has a conflict of interest.
(c)(1) Annually, at the same time as the President's annual
budget submission to the Congress, the Under Secretary shall
transmit to the appropriate congressional committees a report
that includes the information required by this section for
the satellite development program for which NOAA proposes to
expend funds in the subsequent fiscal year. The report under
this paragraph shall be known as the Major Program Annual
Report.
(2) The first Major Program Annual Report for NOAA's
satellite development program shall include a Baseline Report
that shall, at a minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program,
with a detailed breakout of the development cost, program
reserves, and an estimate of the annual costs until
development is completed;
(C) the schedule for development, including key program
milestones;
(D) the plan for mitigating technical, cost, and schedule
risks identified in accordance with subsection (b)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (d), who shall be an
individual whose primary responsibility is overseeing the
program.
(3) For the major program for which a Baseline Report has
been submitted, subsequent Major Program Annual Reports shall
describe any changes to the information that had been
provided in the Baseline Report, and the reasons for those
changes.
(d)(1) The individual identified under subsection (c)(2)(E)
shall immediately notify the Under Secretary any time that
individual has reasonable cause to believe that, for the
major program for which he or she is responsible the
development cost of the program has exceeded the estimate
provided in the Baseline Report of the program by 20 percent
or more.
(2) Not later than 30 days after the notification required
under paragraph (1), the individual identified under
subsection (c)(2)(E) shall transmit to the Under Secretary a
written notification explaining the reasons for the change in
the cost of the program for which notification was provided
under paragraph (1).
(3) Not later than 15 days after the Under Secretary
receives a written notification under
[[Page H15568]]
paragraph (2), the Under Secretary shall transmit the
notification to the appropriate congressional committees.
(e) Not later than 30 days after receiving a written
notification under subsection (d)(2), the Under Secretary
shall determine whether the development cost of the program
has exceeded the estimate provided in the Baseline Report of
the program by 20 percent or more. If the determination is
affirmative, the Under Secretary shall--
(1) transmit to the appropriate congressional committees,
not later than 15 days after making the determination, a
report that includes--
(A) a description of the increase in cost and a detailed
explanation for the increase;
(B) a description of actions taken or proposed to be taken
in response to the cost increase; and
(C) a description of any impacts the cost increase, or the
actions described under subparagraph (B), will have on any
other program within NOAA.
(2) if the Under Secretary intends to continue with the
program, promptly initiate an analysis of the program, which
shall include, at a minimum--
(A) the projected cost and schedule for completing the
program if current requirements of the program are not
modified;
(B) the projected cost and the schedule for completing the
program after instituting the actions described under
paragraph (1)(B); and
(C) a description of, and the projected cost and schedule
for, a broad range of alternatives to the program. NOAA shall
complete an analysis initiated under paragraph (2) not later
than 6 months after the Under Secretary makes a determination
under this subsection. The Under Secretary shall transmit the
analysis to the appropriate congressional committees not
later than 30 days after its completion.
(f) For the purposes of determining whether cost of the
Geostationary Operational Environmental Satellite Program
exceeds 20 percent more than the baseline under this section,
the estimate of the total life-cycle cost for GOES-R shall be
the estimate provided with the NOAA Fiscal Year 2008
Presidential Budget justification (page 513).
Sec. 113. (a) The Secretary of Commerce may--
(1) develop, maintain, and make public a list of vessels
and vessel owners engaged in illegal, unreported, or
unregulated fishing, including vessels or vessel owners
identified by an international fishery management
organization, whether or not the United States is a party to
the agreement establishing such organization; and
(2) take appropriate action against listed vessels and
vessel owners, including action against fish, fish parts, or
fish products from such vessels, in accordance with
applicable United States law and consistent with applicable
international law, including principles, rights, and
obligations established in applicable international fishery
management and trade agreements.
(b) Action taken by the Secretary under subsection (a)(2)
that include measures to restrict use of or access to ports
or port services shall apply to all ports of the United
States and its territories.
(c) The Secretary may promulgate regulations to implement
this section.
Sec. 114. (a) Of the amounts provided for the ``National
Oceanic and Atmospheric Administration, Operations, Research
and Facilities'', $5,856,600 shall be for necessary expenses
in support of an agreement between the Administrator of the
National Oceanic and Atmospheric Administration and the
National Academy of Sciences under which the National Academy
of Sciences shall establish the Climate Change Study
Committee to investigate and study the serious and sweeping
issues relating to global climate change and make
recommendations regarding what steps must be taken and what
strategies must be adopted in response to global climate
change, including the science and technology challenges
thereof.
(b) The agreement shall provide for: establishment of and
appointment of members to the Climate Change Study Committee
by the National Academy of Sciences; organization by the
National Academy of Sciences of a Summit on Global Climate
Change to help define the parameters of the study, not to
exceed 3 days in length and to be attended by preeminent
experts on global climate change selected by the National
Academy of Sciences; and issuance of a report by the Climate
Change Study Committee not later than 2 years after the date
the Climate Change Study Committee is first convened,
containing its findings, conclusions, and recommendations. Of
such amount, $856,600 shall be for the Summit on Global
Climate Change and $5,000,000 shall be for the other
activities of the Climate Change Study Committee.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2008''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $97,832,000, of which not to exceed
$3,317,000 is for security and construction of Department of
Justice facilities, to remain available until expended:
Provided, That the Attorney General is authorized to transfer
funds appropriated within General Administration to any
office in this account: Provided further, That no
appropriations for any office within General Administration
shall be increased or decreased by more than 5 percent by all
such transfers: Provided further, That $12,221,000 is for
Department Leadership; $7,383,000 is for Intergovernmental
Relations/External Affairs; $11,402,000 is for Executive
Support/Professional Responsibility; and $66,826,000 is for
the Justice Management Division: Provided further, That any
change in funding greater than 5 percent shall be submitted
for approval to the House and Senate Committees on
Appropriations consistent with the terms of section 505 of
this Act: Provided further, That this transfer authority is
in addition to transfers authorized under section 505 of this
Act.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $85,540,000, to remain available until expended,
of which not less than $19,740,000 is for the unified
financial management system.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law
enforcement, and for the costs of operations and maintenance
of existing Land Mobile Radio legacy systems, $74,260,000, to
remain available until September 30, 2009: Provided, That the
Attorney General shall transfer to this account all funds
made available to the Department of Justice for the purchase
of portable and mobile radios: Provided further, That any
transfer made under the preceding proviso shall be subject to
section 505 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$232,649,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee''
account: Provided, That $3,760,000 shall be expended on the
Executive Office for Immigration Review's Legal Orientation
Programs.
For an additional amount for ``Administrative Review and
Appeals'', $8,000,000 shall be for border security and
immigration enforcement along the Southwest border: Provided,
That the amount provided by this paragraph is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,225,920,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided
further, That not to exceed $5,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$70,603,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character: Provided,
That within 200 days of enactment of this Act, the Inspector
General shall conduct an audit and issue a report to the
Committees on Appropriations of all expenses of the
legislative and public affairs offices at each location of
the Justice Department, its bureaus and agencies, including
but not limited to every field office and headquarters
component; the audit shall include any and all expenses
related to these activities.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $11,462,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $735,549,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
For an additional amount for ``Legal Activities, General
Legal Activities'', $10,000,000 shall be for border security
and immigration enforcement along the Southwest border:
Provided, That the amount provided by this paragraph is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $6,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $147,819,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, fees collected for premerger notification filings
[[Page H15569]]
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $139,000,000 in fiscal year 2008), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2008, so as to result in a
final fiscal year 2008 appropriation from the general fund
estimated at $8,819,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,747,822,000: Provided, That of the total
amount appropriated, not to exceed $8,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $20,000,000 shall remain
available until expended: Provided further, That of the
amount provided under this heading, $5,000,000 shall be used
for salaries and expenses for hiring assistant U.S. Attorneys
to carry out section 704 of the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) concerning the
prosecution of offenses relating to the sexual exploitation
of children.
For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $7,000,000 shall be for border
security and immigration enforcement along the Southwest
border: Provided, That the amount provided by this paragraph
is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $209,763,000, of which $20,000,000
shall be from prior year unobligated balances from funds
previously appropriated, to remain available until expended
and to be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of law,
deposits to the Fund shall be available in such amounts as
may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law,
$184,000,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in
this appropriation and shall remain available until expended:
Provided further, That the sum herein appropriated from the
Fund shall be reduced as such offsetting collections are
received during fiscal year 2008, so as to result in a final
fiscal year 2008 appropriation from the Fund estimated at
$763,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$1,606,000.
united states marshals service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $849,219,000; of which not to exceed $6,000 shall be
available for official reception and representation expenses;
of which not to exceed $4,000,000 shall be for information
technology systems and shall remain available until expended;
and of which not less than $11,653,000 shall be available for
the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling,
and shall remain available until expended.
For an additional amount for ``United States Marshals
Service, Salaries and Expenses'', $15,000,000 shall be for
border security and immigration enforcement along the
Southwest border: Provided, That the amount provided by this
paragraph is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $2,304,000, to remain available until
expended.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $168,300,000, to remain
available until expended: Provided, That, not to exceed
$10,000,000 may be made available for construction of
buildings for protected witness safesites: Provided further,
That not to exceed $3,000,000 may be made available for the
purchase and maintenance of armored and other vehicles for
witness security caravans: Provided further, That not to
exceed $9,000,000 may be made available for the purchase,
installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,794,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $20,990,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the
National Security Division, $73,373,000; of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $497,935,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; $6,349,950,000; of which
not to exceed $150,000,000 shall remain available until
expended; and of which $2,308,580,000 shall be for
counterterrorism investigations, foreign counterintelligence,
and other activities related to national security: Provided,
That not to exceed $205,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $170,000 shall be available in 2008 for
expenses associated with the celebration of the 100th
anniversary of the Federal Bureau of Investigation.
For an additional amount for ``Federal Bureau of
Investigation, Salaries and Expenses'', $143,539,000 to
address emerging threats in counterterrorism and cyber
security: Provided, That the amount provided by this
paragraph is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $164,200,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to 28 U.S.C. 530C; and expenses for conducting drug education
and training programs, including travel and related expenses
for participants in such programs and the distribution of
items of token value that promote the goals of such programs,
$1,855,569,000; of which not to exceed $75,000,000 shall
remain available until expended; and of which not to exceed
$100,000 shall be available for official reception and
representation expenses.
For an additional amount for ``Drug Enforcement
Administration, Salaries and Expenses'', $2,000,000 for a
communications intercept initiative in Afghanistan: Provided,
That the amount provided by this paragraph is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including the purchase of not to
exceed 822 vehicles for police-type use, of which 650 shall
be for replacement only; not to exceed $40,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $984,097,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18,
United States Code; and of which $10,000,000 shall remain
available until expended: Provided, That no funds
appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of
[[Page H15570]]
Justice, the records, or any portion thereof, of acquisition
and disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated
herein shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States
to implement an amendment or amendments to 27 CFR 178.118 or
to change the definition of ``Curios or relics'' in 27 CFR
178.11 or remove any item from ATF Publication 5300.11 as it
existed on January 1, 1994: Provided further, That none of
the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c): Provided
further, That such funds shall be available to investigate
and act upon applications filed by corporations for relief
from Federal firearms disabilities under section 925(c) of
title 18, United States Code: Provided further, That no funds
made available by this or any other Act may be used to
transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other
agencies or Departments in fiscal year 2008: Provided
further, That, beginning in fiscal year 2008 and thereafter,
no funds appropriated under this or any other Act may be used
to disclose part or all of the contents of the Firearms Trace
System database maintained by the National Trace Center of
the Bureau of Alcohol, Tobacco, Firearms and Explosives or
any information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required
to be reported pursuant to paragraphs (3) and (7) of such
section 923(g), except to: (1) a Federal, State, local,
tribal, or foreign law enforcement agency, or a Federal,
State, or local prosecutor, solely in connection with and for
use in a criminal investigation or prosecution; or (2) a
Federal agency for a national security or intelligence
purpose; and all such data shall be immune from legal
process, shall not be subject to subpoena or other discovery,
shall be inadmissible in evidence, and shall not be used,
relied on, or disclosed in any manner, nor shall testimony or
other evidence be permitted based on the data, in a civil
action in any State (including the District of Columbia) or
Federal court or in an administrative proceeding other than a
proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms and Explosives to enforce the provisions of chapter
44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed
to prevent: (A) the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of
such title) and licensed manufacturer (as defined in section
921(1)(10) of such title); (B) the sharing or exchange of
such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local
prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed
importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further,
That no funds made available by this or any other Act shall
be expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923
of title 18, United States Code: Provided further, That no
funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name
or any personal identification code: Provided further, That
no funds authorized or made available under this or any other
Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of
such a license due to a lack of business activity, provided
that the applicant is otherwise eligible to receive such a
license, and is eligible to report business income or to
claim an income tax deduction for business expenses under the
Internal Revenue Code of 1986.
CONSTRUCTION
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design or projects; $23,500,000, to remain
available until expended.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 669, of which 642 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $5,050,440,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2009: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $372,720,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,328,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); and the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); $400,000,000,
including amounts for administrative costs, to remain
available until expended: Provided, That except as otherwise
provided by law, not to exceed 3 percent of funds made
available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided
further, That of the amount provided--
(1) $13,160,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,350,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act;
(3) $183,800,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $17,390,000 shall be for transitional housing
assistance grants for victims of domestic violence, stalking
or sexual assault as authorized by section 40299 of the 1994
Act; and
(B) $1,880,000 shall be for the National Institute of
Justice for research and evaluation of violence against women
and related issues addressed by grant programs of the Office
on Violence Against Women;
(4) $59,220,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(5) $9,400,000 for sexual assault victims assistance, as
authorized by section 202 of the 2005 Act;
(6) $40,420,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295
of the 1994 Act;
(7) $3,290,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $2,820,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602
of the 1994 Act;
[[Page H15571]]
(9) $9,400,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005
Act;
(10) $36,660,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(11) $4,230,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act;
(12) $13,630,000 for the safe havens for children program,
as authorized by section 1301 of the 2000 Act;
(13) $6,580,000 for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of the 2000 Act;
(14) $2,820,000 for an engaging men and youth in prevention
program, as authorized by the 2005 Act;
(15) $940,000 for analysis and research on violence against
Indian women, as authorized by section 904 of the 2005 Act;
(16) $940,000 for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act;
(17) $2,820,000 for services to advocate and respond to
youth, as authorized by section 401 of the 2005 Act;
(18) $2,820,000 for grants to assist children and youth
exposed to violence, as authorized by section 303 of the 2005
Act;
(19) $2,820,000 for the court training and improvements
program, as authorized by section 105 of the 2005 Act;
(20) $940,000 for grants for televised testimony, as
authorized by part N of the 1968 Act; and
(21) $940,000 for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968; the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108-21); the Justice for All
Act of 2004 (Public Law 108-405); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109-162); the Victims of Crime Act of 1984 (Public Law
98-473); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107-296), which may
include research and development; and other programs
(including Statewide Automated Victims Notification Program);
including salaries and expenses in connection therewith,
$196,184,000, to remain available until expended: Provided,
That grants under subparagraphs (1)(A) and (B) of Public Law
98-473 are issued pursuant to rules or guidelines that
generally establish a publicly-announced, competitive
process: Provided further, That not to exceed $127,915,000
shall be expended in total for Office of Justice Programs
management and administration.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248); and the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); and other
programs; $908,136,000 (including amounts for administrative
costs, which shall be transferred to and merged with the
``Justice Assistance'' account), to remain available until
expended as follows:
(1) $170,433,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act, (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
the 1968 Act, shall not apply for purposes of this Act), of
which $2,000,000 is for use by the National Institute of
Justice in assisting units of local government to identify,
select, develop, modernize, and purchase new technologies for
use by law enforcement and $2,000,000 is for a program to
improve State and local law enforcement intelligence
capabilities including antiterrorism training and training to
ensure that constitutional rights, civil liberties, civil
rights, and privacy interests are protected throughout the
intelligence process;
(2) $410,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5));
(3) $30,080,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the
prosecution of criminal cases declined by local offices of
the United States Attorneys;
(4) $2,820,000 for the Northern Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the
prosecution of criminal cases declined by local offices of
the United States Attorneys;
(5) $187,513,000 for discretionary grants to improve the
functioning of the criminal justice system and to assist
victims of crime (other than compensation);
(6) $16,000,000 for competitive grants to improve the
functioning of the criminal justice system and to assist
victims of crime (other than compensation);
(7) $940,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(8) $9,400,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164;
(9) $15,200,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(10) $7,050,000 for a prescription drug monitoring program;
(11) $17,860,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79) including
statistics, data, and research, of which $1,692,000 shall be
transferred to the National Prison Rape Elimination
Commission for authorized activities;
(12) $9,400,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of the
1968 Act;
(13) $22,440,000 for assistance to Indian tribes, of
which--
(A) $8,630,000 shall be available for grants under section
20109 of subtitle A of title II of the 1994 Act;
(B) $8,630,000 shall be available for the Tribal Courts
Initiative; and
(C) $5,180,000 shall be available for tribal alcohol and
substance abuse reduction assistance grants;
(14) $2,500,000 for the Capital Litigation Improvement
Grant Program as authorized by section 426 of Public Law 108-
405; and
(15) $6,500,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform nonadministrative public
safety service.
For an additional amount for ``State and Local Law
Enforcement Assistance'', $100,000,000 for security and
related costs, including overtime, associated with the two
principal 2008 Presidential Candidate Nominating Conventions,
to be divided equally between the conventions: Provided, That
the amount provided by this paragraph is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
weed and seed program fund
For necessary expenses, including salaries and related
expenses of the Office of Weed and Seed Strategies, to
implement ``Weed and Seed'' program activities, $32,100,000,
to remain available until expended, as authorized by section
103 of the Omnibus Crime Control and Safe Streets Act of
1968.
community oriented policing services
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162); subtitle D
of title II of the Homeland Security Act of 2002 (Public Law
107-296), which may include research and development; and the
USA PATRIOT Improvement and Reauthorization Act of 2005
(Public Law 109-177) (including administrative costs),
$587,233,000, to remain available until expended: Provided,
That of the funds under this heading, not to exceed
$2,575,000 shall be available for the Office of Justice
Programs for reimbursable services associated with programs
administered by the Community Oriented Policing Services
Office: Provided further, That any balances made available
through prior year deobligations shall only be available in
accordance with section 505 of this Act. Of the amount
provided (which shall be by transfer, for programs
administered by the Office of Justice Programs)--
(1) $25,850,000 is for the matching grant program for armor
vests for law enforcement officers, as authorized by section
2501 of the 1968 Act: Provided, That $1,880,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office for research,
testing, and evaluation programs;
(2) $61,187,000 is for grants to entities described in
section 1701 of the 1968 Act, to address public safety and
methamphetamine manufacturing, sale, and use in hot spots as
authorized by section 754 of Public Law 109-177 and for other
anti-methaphetamine-related activities;
(3) $205,366,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment;
(4) $11,750,000 is for an offender re-entry program;
(5) $9,400,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act
of 1998 (42 U.S.C. 14601);
(6) $152,272,000 is for DNA related and forensic programs
and activities as follows:
(A) $147,391,000 for a DNA analysis and capacity
enhancement program including the purposes of section 2 of
the DNA Analysis Backlog Elimination Act of 2000, as amended
by the Debbie Smith Act of 2004, and further amended by
Public Law 109-162;
(B) $4,881,000 for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412): Provided, That unobligated funds
appropriated in fiscal years 2006 and 2007 for grants as
authorized under sections 412 and 413 of the foregoing public
law are hereby made available, instead, for the purposes here
specified;
[[Page H15572]]
(7) $15,040,000 is for improving tribal law enforcement,
including equipment and training;
(8) $20,000,000 is for programs to reduce gun crime and
gang violence;
(9) $3,760,000 is for training and technical assistance;
(10) $18,800,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(11) not to exceed $28,200,000 is for program management
and administration;
(12) $20,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section; and
(13) $15,608,000 is for a national grant program the
purpose of which is to assist State and local law enforcement
locate, arrest and prosecute child sexual predators and
exploiters, and to enforce State offender registration laws
described in section 1701(b) of the 1968 Act, of which:
(A) $4,162,000 is for sex offender management assistance as
authorized by the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-162), and the Violent Crime Control
Act of 1994 (Public Law 103-322); and
(B) $850,000 is for the National Sex Offender Public
Registry.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''), the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''), the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162), and other
juvenile justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $383,513,000, to
remain available until expended as follows:
(1) $658,000 for concentration of Federal efforts, as
authorized by section 204 of the 1974 Act;
(2) $74,260,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal
grants process;
(3) $93,835,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act;
(4) $70,000,000 for youth mentoring grants;
(5) $61,100,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $14,100,000 shall be for the Tribal Youth Program;
(B) $18,800,000 shall be for a gang resistance education
and training program; and
(C) $25,000,000 shall be for grants of $360,000 to each
State and $4,840,000 shall be available for discretionary
grants, for programs and activities to enforce State laws
prohibiting the sale of alcoholic beverages to minors or the
purchase or consumption of alcoholic beverages by minors, for
prevention and reduction of consumption of alcoholic
beverages by minors, and for technical assistance and
training;
(6) $15,040,000 for expenses authorized by part AA of the
1968 Act (Secure Our Schools);
(7) $16,920,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(8) $51,700,000 for the Juvenile Accountability Block
Grants program as authorized by part R of the 1968 Act and
Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act.
public safety officers benefits
For payments and expenses authorized by part L of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796), such sums as are necessary, as authorized by
section 6093 of Public Law 100-690 (102 Stat. 4339-4340)
(including amounts for administrative costs, which amounts
shall be paid to the ``Justice Assistance'' account), to
remain available until expended; and $4,854,000 for payments
authorized by section 1201(b) of such Act; and $3,980,000 for
educational assistance, as authorized by section 1212 of such
Act: Provided, That, hereafter, funds available to conduct
appeals under section 1205(c) of the 1968 Act, which includes
all claims processing, shall be available also for the same
under subpart 2 of such part L and under any statute
authorizing payment of benefits described under subpart 1
thereof, and for appeals from final decisions of the Bureau
(under such part or any such statute) to the Court of Appeals
for the Federal Circuit, which shall have exclusive
jurisdiction thereof (including those, and any related
matters, pending), and for expenses of representation of
hearing examiners (who shall be presumed irrebuttably to
enjoy quasi-judicial immunity in the discharge of their
duties under such part or any such statute) in connection
with litigation against them arising from such discharge.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section: Provided
further, That none of the funds appropriated to ``Buildings
and Facilities, Federal Prison System'' in this or any other
Act may be transferred to ``Salaries and Expenses, Federal
Prison System'', or any other Department of Justice account,
unless the President certifies that such a transfer is
necessary to the national security interests of the United
States, and such authority shall not be delegated, and shall
be subject to section 505 of this Act.
Sec. 206. The Attorney General is authorized to extend
through September 30, 2009, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of
2002, Public Law 107-296 (6 U.S.C. 533) without limitation on
the number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United
States.
Sec. 208. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
Sec. 210. None of the funds made available under this title
shall be obligated or expended for Sentinel, or for any other
major new or enhanced information technology program having
total estimated development costs in excess of $100,000,000,
unless the Deputy Attorney General and the investment review
board certify to the Committees on Appropriations that the
information technology program has appropriate program
management and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 211. Any deviation from the amounts designated for
specific activities in this Act and accompanying report, or
any use of deobligated balances of funds provided under this
title in previous years, shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 212. (a) Section 589a of title 28, United States Code,
is amended in subsection (b) by--
(1) striking ``and'' in paragraph (8);
(2) striking the period in paragraph (9) and inserting ``;
and''; and
(3) adding the following new paragraph:
``(10) fines imposed under section 110(l) of title 11,
United States Code.''.
(b) Section 110(l)(4)(A) of title 11, United States Code,
is amended to read as follows:
``(A) Fines imposed under this subsection in judicial
districts served by United States trustees shall be paid to
the United States trustees, who shall deposit an amount equal
to such fines in the United States Trustee Fund.''.
Sec. 213. (a) Section 1930(a) of title 28, United States
Code, is amended in paragraph (6) by striking everything
after ``whichever occurs first.'' and inserting in lieu
thereof: ``The fee shall be $325 for each quarter in which
disbursements total less than $15,000; $650 for each quarter
in which disbursements total $15,000 or more but less than
$75,000; $975 for each quarter in which disbursements total
$75,000 or more but less than $150,000; $1,625 for each
quarter in which disbursements total $150,000 or more but
less than $225,000; $1,950 for each quarter in which
disbursements total $225,000 or more but less than $300,000;
$4,875 for each quarter in which disbursements total $300,000
or more but less than $1,000,000; $6,500 for each quarter in
which disbursements total $1,000,000 or more but less than
$2,000,000; $9,750 for each quarter in which disbursements
total $2,000,000 or more but
[[Page H15573]]
less than $3,000,000; $10,400 for each quarter in which
disbursements total $3,000,000 or more but less than
$5,000,000; $13,000 for each quarter in which disbursements
total $5,000,000 or more but less than $15,000,000; $20,000
for each quarter in which disbursements total $15,000,000 or
more but less than $30,000,000; $30,000 for each quarter in
which disbursements total more than $30,000,000. The fee
shall be payable on the last day of the calendar month
following the calendar quarter for which the fee is owed.''.
(b) This section and the amendment made by this section
shall take effect January 1, 2008, or the date of the
enactment of this Act, whichever is later.
Sec. 214. None of the funds appropriated by this Act may be
used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 215. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of 28 U.S.C. 545.
Sec. 216. Of the funds appropriated in this Act for the
Federal Bureau of Investigation's Sentinel program,
$25,000,000 shall not be available for obligation until 60
days after the Committees on Appropriations receive from the
Federal Bureau of Investigation a report on the results of a
completed integrated baseline review for that program:
Provided, That the report shall be submitted simultaneously
to the Government Accountability Office: Provided further,
That the Government Accountability Office shall review the
Bureau's performance measurement baseline for the Sentinel
program and shall submit its findings to the Committees on
Appropriations of the Senate and House of Representatives
within 60 days of its receipt of the report.
Sec. 217. None of the funds appropriated in this or any
other Act shall be obligated for the initiation of a future
phase of the Federal Bureau of Investigation's Sentinel
program until the Attorney General certifies to the
Committees on Appropriations that existing phases currently
under contract for development or fielding have completed a
majority of the work for that phase under the performance
measurement baseline validated by the integrated baseline
review referred to in section 216 of this Act: Provided, That
this restriction does not apply to planning and design
activities for future phases: Provided further, That the
Bureau will notify the Committees on Appropriations of any
significant changes to the baseline.
Sec. 218. (a) The Attorney General shall submit quarterly
reports to the Inspector General of the Department of Justice
regarding the costs and contracting procedures relating to
each conference held by the Department of Justice during
fiscal year 2008 for which the cost to the Government was
more than $20,000.
(b) Each report submitted under subsection (a) shall
include, for each conference described in that subsection
held during the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine which
costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive basis
for that conference; and
(B) a discussion of any cost comparison conducted by the
Department of Justice in evaluating potential contractors for
that conference.
Sec. 219. Notwithstanding any other provision of law, a
public or private institution of higher education may offer
or provide an officer or employee of any branch of the United
States Government or of the District of Columbia, who is a
current or former student of such institution, financial
assistance for the purpose of repaying a student loan or
forbearance of student loan repayment, and an officer or
employee of any branch of the United States Government or of
the District of Columbia may seek or receive such assistance
or forbearance.
Sec. 220. (a) Section 2996(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``, territories, and Indian tribes (as defined in section
2704)'' after ``to assist States''; and
(B) in subparagraph (B), by striking ``and local'' and
inserting ``, territorial, Tribal, and local'';
(2) in paragraph (2), by inserting ``, territories, and
Indian tribes'' after ``make grants to States''; and
(3) in paragraph (3)(C), by inserting ``, Tribal,'' after
``support State''.
(b) Section 755(a) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (42 U.S.C. 3797cc-2(a)) is
amended by inserting ``, territories, and Indian tribes (as
defined in section 2704 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797d))'' after ``make grants
to States''.
(c) Section 756 of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (42 U.S.C. 3797cc-3) is amended--
(1) in subsection (a)(2), by inserting ``, territorial, or
Tribal'' after ``State'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, territorial, or Tribal'' after
``State''; and
(ii) by striking ``and/or'' and inserting ``or'';
(B) in paragraph (2)--
(i) by inserting ``, territory, Indian tribe,'' after
``agency of the State''; and
(ii) by inserting ``, territory, Indian tribe,'' after
``criminal laws of that State''; and
(C) by adding at the end the following:
``(C) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 2704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797d).'';
and
(3) in subsection (c)--
(A) in paragraph (3), by striking ``Indian Tribes'' and
inserting ``Indian tribes''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``State's''; and
(II) by striking ``and/or'' and inserting ``or'';
(ii) in subparagraph (A), by striking ``State'';
(iii) in subparagraph (C), by inserting ``, Indian
tribes,'' after ``involved counties''; and
(iv) in subparagraph (D), by inserting ``, Tribal'' after
``Federal, State''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2008''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $5,184,000.
National Aeronautics and Space Administration
science, aeronautics and exploration
For necessary expenses in the conduct and support of
science, aeronautics and exploration research and development
activities, including research, development, operations,
support and services; maintenance; construction of facilities
including repair, rehabilitation, revitalization and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law; environmental compliance
and restoration; space flight, spacecraft control and
communications activities including operations, production,
and services; program management; personnel and related
costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $35,000
for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $10,543,100,000, to
remain available until September 30, 2009: Provided, That, of
the amounts provided under this heading, $5,577,310,000 shall
be for science, $625,280,000 shall be for aeronautics
research, $3,842,010,000 shall be for exploration systems,
and $556,400,000 shall be for cross-agency support programs:
Provided further, That the amounts in the previous proviso
shall be reduced by $57,900,000 in corporate and general
administrative expenses and the reduction shall be applied
proportionally to each amount therein: Provided further, That
none of the funds under this heading shall be used for any
research, development, or demonstration activities related
exclusively to the human exploration of Mars.
exploration capabilities
For necessary expenses in the conduct and support of
exploration capabilities research and development activities,
including research, development, operations, support and
services; space flight, spacecraft control and communications
activities including operations, production, and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of
facilities, construction of new facilities and additions to
existing facilities, facility planning and design, and
restoration, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of
passenger motor vehicles; not to exceed $35,000 for official
reception and representation expenses; and purchase, lease,
charter, maintenance and operation of mission and
administrative aircraft, $6,733,700,000, to remain available
until September 30, 2009: Provided, That of the amounts
provided under this heading, $4,000,000,000 shall be for
Space Shuttle operations, production, research, development,
and support and $2,220,000,000 shall be for International
Space Station operations, production, research, development,
and support: Provided further, That amounts funded under this
heading shall be reduced by $32,000,000 in corporate and
general administrative expenses and the reduction shall be
applied proportionally to each amount therein.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$32,600,000, to remain available until September 30, 2009.
Administrative Provisions
(including transfer of funds)
Notwithstanding the limitation on the duration of
availability of funds appropriated for ``Science, Aeronautics
and Exploration'' or ``Exploration Capabilities'' under this
title, when
[[Page H15574]]
any activity has been initiated by the incurrence of
obligations for construction of facilities or environmental
compliance and restoration activities as authorized by law,
such amount available for such activity shall remain
available until expended. This provision does not apply to
the amounts appropriated for institutional minor
revitalization and minor construction of facilities, and
institutional facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, Aeronautics and Exploration'' or
``Exploration Capabilities'' by this appropriations Act, the
amounts appropriated for construction of facilities shall
remain available until September 30, 2010.
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn. Funding shall not
be made available for Centennial Challenges unless
authorized.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Any transfer pursuant
to this provision shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be
available for obligation except in compliance with the
procedures set forth in that section.
Notwithstanding any other provision of law, no funds shall
be used to implement any Reduction in Force or other
involuntary separations (except for cause) by the National
Aeronautics and Space Administration prior to September 30,
2008.
The Administrator of the National Aeronautics and Space
Administration shall prepare a strategy for minimizing job
losses when the National Aeronautics and Space Administration
transitions from the Space Shuttle to a successor human-rated
space transport vehicle. This strategy shall include: (1)
specific initiatives that the National Aeronautics and Space
Administration has undertaken, or plans to undertake, to
maximize the utilization of existing civil service and
contractor workforces at each of the affected Centers; (2)
efforts to equitably distribute tasks and workload between
the Centers to mitigate the brunt of job losses being borne
by only certain Centers; (3) new workload, tasks,
initiatives, and missions being secured for the affected
Centers; and (4) overall projections of future civil service
and contractor workforce levels at the affected Centers. The
Administrator shall transmit this strategy to Congress not
later than 90 days after the date of enactment of this Act.
The Administrator shall update and transmit to Congress this
strategy not less than every six months thereafter until the
successor human-rated space transport vehicle is fully
operational.
For fiscal year 2009 and hereafter, the National
Aeronautics and Space Administration shall provide, at a
minimum, the following information in its annual budget
justification:
(1) The actual, current, proposed funding level, and
estimated budgets for the next five fiscal years by
directorate, theme, program, project and activity within each
appropriations account.
(2) The proposed programmatic and non-programmatic
construction of facilities.
(3) The budget for headquarters including--
(A) the budget by office, and any division thereof, for the
actual, current, proposed funding level, and estimated
budgets for the next five fiscal years;
(B) the travel budget for each office, and any division
thereof, for the actual, current, and proposed funding level;
and
(C) the civil service full time equivalent assignments per
headquarters office, and any division thereof, including the
number of Senior Executive Service, noncareer, detailee, and
contract personnel per office.
(4) Within 14 days of the submission of the budget to the
Congress an accompanying volume shall be provided to the
Committees on Appropriations containing the following
information for each center, facility managed by any center,
and federally funded research and development center operated
on behalf of the National Aeronautics and Space
Administration:
(A) the actual, current, proposed funding level, and
estimated budgets for the next five fiscal years by
directorate, theme, program, project, and activity;
(B) The proposed programmatic and non-programmatic
construction of facilities;
(C) The number of civil service full time equivalent
positions per center for each identified fiscal year; and
(D) The number of civil service full time equivalent
positions considered to be uncovered capacity at each
location for each identified fiscal year.
(5) The proposed budget as designated by object class for
each directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain the
request for each program, project, and activity, and an
explanation for any deviation to previously adopted baselines
for all justification materials provided to the Committees.
The Administrator of the National Aeronautics and Space
Administration shall submit quarterly reports to the
Inspector General of the National Aeronautics and Space
Administration regarding the costs and contracting procedures
relating to each conference or meeting, held by the National
Aeronautics and Space Administration during fiscal year 2008
for which the cost to the Government was more than $20,000.
Each report submitted shall include, for each conference
described in that subsection held during the applicable
quarter--
(1) a description of the number of and purpose of
participants attending that conference or meeting;
(2) a detailed statement of the costs to the Government
relating to that conference or meeting, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of all related travel; and
(D) a discussion of the methodology used to determine which
costs relate to that conference or meeting; and
(3) a description of the contracting procedures relating to
that conference or meeting, including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
National Aeronautics and Space Administration in evaluating
potential contractors for any conference or meeting.
The Administrator of NASA shall, not later than September
30, 2008, submit to the appropriate committees of Congress a
report on each conference for which the agency paid travel
expenses during fiscal year 2008 that includes--
(1) the itemized expenses paid by the agency, including
travel expenses and any agency expenditure to otherwise
support the conference;
(2) the primary sponsor of the conference;
(3) the location of the conference;
(4) in the case of a conference for which the agency was
the primary sponsor, a statement that--
(A) justifies the location selected;
(B) demonstrates the cost efficiency of the location;
(C) the date of the conference;
(D) a brief explanation how the conference advanced the
mission of the agency; and
(E) the total number of individuals who travel or
attendance at the conference was paid for in part or full by
the agency.
In this provision, the term conference means a meeting
that--
(1) is held for consultation, education, awareness, or
discussion;
(2) includes participants who are not all employees of the
same agency;
(3) is not held entirely at an agency facility;
(4) involves costs associated with travel and lodging for
some participants; and
(5) is sponsored by 1 or more agencies, 1 or more
organizations that are not agencies, or a combination of such
agencies or organizations.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $4,821,474,000, to remain available until
September 30, 2009, of which not to exceed $510,000,000 shall
remain available until expended for polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical
and other related activities for the United States Antarctic
program: Provided, That from funds specified in the fiscal
year 2008 budget request for icebreaking services, up to
$57,000,000 shall be available for the procurement of polar
icebreaking services: Provided further, That the National
Science Foundation shall only reimburse the Coast Guard for
such sums as are agreed to according to the existing
memorandum of agreement: Provided further, That $2,240,000
shall be transferred to the ``Office of Science and
Technology Policy'' for costs associated with the Science and
Technology Policy Institute/RaDiUS: Provided further, That
receipts for scientific support services and materials
furnished by the National Research Centers and other National
Science Foundation supported research facilities may be
credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including authorized travel, $220,740,000,
to remain available until expended.
education and human resources
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $725,600,000,
to remain available until September 30, 2009.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of
Columbia; and reimbursement of the General Services
Administration for security guard services; $281,790,000:
Provided, That contracts may be entered into under this
heading in fiscal year 2008 for maintenance and operation of
facilities, and for other services, to be provided during the
next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in
[[Page H15575]]
the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) involved in carrying out section 4 of the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1863)
and Public Law 86-209 (42 U.S.C. 1880 et seq.), $3,969,000:
Provided, That not to exceed $9,000 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $11,427,000, to remain available until September 30,
2009.
This title may be cited as the ``Science Appropriations
Act, 2008''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,460,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this
paragraph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b);
nonmonetary awards to private citizens; and not to exceed
$29,140,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$329,300,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the House and Senate Committees on
Appropriations have been notified of such proposals, in
accordance with the reprogramming requirements of section 505
of this Act.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$68,400,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$350,490,000, of which $332,390,000 is for basic field
programs and required independent audits; $3,000,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $12,500,000 is for management and administration;
$2,100,000 is for client self-help and information
technology; and $500,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to
Washington, DC-based employees as authorized by 5 United
States Code 5304, notwithstanding section 1005(d) of the
Legal Services Corporation Act, 42 United States Code
2996(d).
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2007 and 2008, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $2,820,000.
National Veterans Business Development Corporation
salaries and expenses
For necessary expenses of the National Veterans Business
Development Corporation established under section 33 of the
Small Business Act (15 U.S.C. 657c), $1,410,000, to remain
available until expended.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $44,120,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That negotiations
shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected
from antidumping and countervailing duties: Provided further,
That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1992 (Public Law 102-572), $3,760,000: Provided, That not
to exceed $2,500 shall be available for official reception
and representation expenses.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices,
programs, or activities; or (6) contracts out or privatizes
any functions or activities presently performed by Federal
employees; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel,
which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in
this Act or any other Act may be used for the construction,
repair (other than emergency repair), overhaul, conversion,
or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of
the United States.
Sec. 507. Hereafter, none of the funds made available in
this Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commission
covering harassment based on religion, when it is made known
to the Federal entity or official to which such funds are
made available that such guidelines do not differ in any
respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 508. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 509. The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration, shall provide to the House and Senate
Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were
received by such agency during any previous fiscal year.
Sec. 510. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer
[[Page H15576]]
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 511. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 512. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
Sec. 513. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
42 U.S.C. 10601 in any fiscal year in excess of $590,000,000
shall not be available for obligation until the following
fiscal year.
Sec. 514. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 515. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 516. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the
Secretary of Commerce shall be responsible for the
development and interdepartmental coordination of the
policies of the United States with respect to the
international negotiations and agreements referred to in this
section.
Sec. 517. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 518. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
Sec. 519. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, and the National Science Foundation
shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to
Congress on the progress of such audits, which may include
preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and
every 180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator, or
Director, as appropriate, shall make the results of the audit
available to the public on the Internet website maintained by
the Department, Administration, or Foundation, respectively.
The results shall be made available in redacted form to
exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant
or contract was awarded, such as a banquet or conference held
in connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, or the Director, as appropriate, certifying
that no funds derived from the grant or contract will be made
available through a subcontract or in any other manner to
another person who has a financial interest in the person
awarded the grant or contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 520. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on
claims directed to or encompassing a human organism.
Sec. 521. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 522. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 523. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 524. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 525. (a)(1) The Administrator of the National
Aeronautics and Space Administration shall modify the
Administration's financial management system and perform all
appropriate testing and assurance activities necessary for
the system to be capable of properly budgeting, accounting
for, controlling, and reporting on appropriations made to the
Administration for fiscal year 2009 and thereafter under the
appropriation accounts set out for the Administration in H.R.
3093 of the 110th Congress, as passed the House of
Representatives.
(2) The Administrator shall transmit to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate a written report,
on a
[[Page H15577]]
monthly basis until the certification under paragraph (3) is
transmitted, on progress in complying with this subsection.
(3) Not later than April 1, 2008, the Administrator shall
transmit to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate a written certification that the Administration's
financial management system meets the requirements of this
section.
(b) Beginning for the first full month after the date of
enactment of this Act, the Administrator shall report in
writing to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate, on the 15th business day of each month, financial
information on the execution of the Administration's budget
for the preceding month and for the fiscal year to date. Each
report under this subsection shall provide information on the
Administration's budget, obligations incurred, and
disbursements made, presented by--
(1) mission area (as reflected in the appropriation
accounts set out for the Administration in H.R. 3093 of the
110th Congress, as passed the House of Representatives);
(2) program or project;
(3) Center; and
(4) object class, as well as any other financial
information requested by the Committee on Appropriations of
the House of Representatives or the Committee on
Appropriations of the Senate.
Sec. 526. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the
laws amended by these Acts.
Sec. 527. None of the funds appropriated or otherwise made
available by this Act may be made available for a public-
private competition conducted under Office of Management and
Budget Circular A-76 or to convert a function performed by
Federal employees to private sector performance without such
a competition unless a representative designated by a
majority of the employees engaged in the performance of the
activity or function for which the public-private competition
is conducted or which is to be converted without such a
competition is treated as an interested party with respect to
such competition or decision to convert to private sector
performance for purposes of subchapter V of chapter 35 of
title 31, United States Code.
Sec. 528. Section 605 of the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451
note) is amended--
(1) in the matter preceding paragraph (1) by striking
``$25,500,000 for fiscal year 2008'' and inserting
``$30,000,000 for each of fiscal years 2008 through 2010'';
(2) in each of paragraphs (1), (2), (3), (4), and (6) by
striking ``2008'' and inserting ``2010''; and
(3) in paragraph (5) by striking ``fiscal year 2008'' and
inserting ``each of fiscal years 2008 through 2010''.
Sec. 529. Effective January 13, 2007, section 303A of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1853a) is amended--
(1) by striking ``association'' in subsection
(c)(4)(A)(iii) and inserting ``association, among willing
parties'';
(2) by striking paragraph (2) of subsection (i);
(3) by striking ``(1) In general.--'' in subsection (i) and
resetting paragraph (1) as a full measure paragraph following
``(i) Transition Rules.--''; and
(4) by redesignating subparagraphs (A), (B), and (C) of
subsection (i)(1) (before its amendment by paragraph (3)) as
paragraphs (1), (2), and (3), respectively and resetting them
as indented paragraphs 2 ems from the left margin.
Sec. 530. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent, the program manager shall immediately inform the
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of
such increase, and shall include in such notice: the date on
which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken
to control future cost growth of the project; changes made in
the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total
program costs or procurement costs; new estimates of the
total project or procurement costs; and a statement
validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 531. Notwithstanding section 505 of this Act, no funds
shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary
circumstances.
Sec. 532. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2008 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2008.
Sec. 533. (a) Subsection (a) of section 315 of the National
Aeronautics and Space Administration Act of 1958 (42 U.S.C.
2459j) is amended--
(1) by striking ``Notwithstanding any other provision of
law, the Administrator'' and inserting ``The Administrator'';
and
(2) by striking ``any real property'' and inserting ``any
non-excess real property and related personal property''; and
(3) by striking ``at no more than two (2) National
Aeronautics and Space Administration (NASA) centers''.
(b) Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``consideration'' and all
that follows through the end of the paragraph and inserting
``cash consideration for the lease at fair market value as
determined by the Administrator.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as redesignated by paragraph (3) of
this subsection--
(A) in subparagraph (B), by striking ``maintenance'' and
all that follows through ``centers selected for this
demonstration program'' and inserting ``capital
revitalization and construction projects and improvements of
real property assets and related personal property under the
jurisdiction of the Administrator''; and
(B) by adding at the end the following new subparagraph:
``(C) Amounts utilized under subparagraph (B) may not be
utilized for daily operating costs.''.
(c) Subsection (e) of such section is amended--
(1) by striking ``Lease Restrictions.--NASA'' and inserting
the following: ``Lease Restrictions.--
``(1) NASA''; and
(2) by adding at the end the following new paragraph:
``(2) NASA is not authorized to enter into an out-lease
under this section unless the Administrator certifies that
such out-lease will not have a negative impact on NASA's
mission.''.
(d) Such section is further amended by adding at the end
the following new subsection (f):
``(f) Sunset.--The authority to enter into leases under
this section shall expire on the date that is ten years after
the date of the enactment of the Commerce, Justice, Science,
and Related Agencies Appropriations Act of 2008. The
expiration under this subsection of authority to enter into
leases under this section shall not affect the validity or
term of leases or NASA's retention of proceeds from leases
entered into under this section before the date of the
expiration of such authority.''.
(e) The heading of such section is amended by striking
``Enhanced-use lease of real property demonstration'' and
inserting ``Lease of non-excess property''.
(f) This section shall become effective on December 31,
2008.
Sec. 534. The Departments, agencies, and commissions funded
under this Act, shall establish and maintain on the homepages
of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 535. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 536. This section may be cited as the ``ED 1.0 Act''.
(a) In this section:
(1) The term ``Administrator'' means the Administrator of
the National Telecommunications and Information
Administration.
(2) The term ``eligible educational institution'' means an
institution that is--
(A) a historically Black college or university;
(B) a Hispanic-serving institution as that term is defined
in section 502(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5));
(C) a tribally controlled college or university as that
term is defined in section 2(a)(4) of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C.
1801(a)(4));
(D) an Alaska Native-serving institution as that term is
defined in section 317(b)(2) of the Higher Education Act of
1965 (20 U.S.C. 1059d(b)(2)); or
(E) a Native Hawaiian-serving institution as that term is
defined in section 317(b)(4) of the Higher Education Act of
1965 (20 U.S.C. 1059d(b)(4)).
(3) The term ``historically Black college or university''
means a part B institution as that term is defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)).
(b)(1)(A) There is established within the National
Telecommunications and Information Administration a pilot
program under which the Administrator shall award 9 grants to
eligible educational institutions to enable the eligible
educational institutions to develop digital and wireless
networks for online educational programs of study within the
eligible educational institutions. The Administrator shall
award not less than 1 grant to each type of eligible
educational institution, enumerated under subsection (a)(2).
(B)(i) The Administrator shall award a total of 9 grants
under this subsection.
[[Page H15578]]
(ii) The Administrator shall make grant payments under this
subsection in the amount of $500,000.
(2)(A) In awarding grants under this subsection the
Administrator shall give priority to an eligible educational
institution that, according to the most recent data available
(including data available from the Bureau of the Census),
serves a county, or other appropriate political subdivision
where no counties exist--
(i) in which 50 percent of the residents of the county, or
other appropriate political subdivision where no counties
exist, are members of a racial or ethnic minority;
(ii) in which less than 18 percent of the residents of the
county, or other appropriate political subdivision where no
counties exist, have obtained a baccalaureate degree or a
higher education;
(iii) that has an unemployment rate of 7 percent or
greater;
(iv) in which 20 percent or more of the residents of the
county, or other appropriate political subdivision where no
counties exist, live in poverty;
(v) that has a negative population growth rate; or
(vi) that has a family income of not more than $32,000.
(B) In awarding grants under this subsection the
Administrator shall give the highest priority to an eligible
educational institution that meets the greatest number of
requirements described in clauses (i) through (vi) of
subparagraph (A).
(3) An eligible educational institution receiving a grant
under this subsection may use the grant funds--
(A) to acquire equipment, instrumentation, networking
capability, hardware, software, digital network technology,
wireless technology, or wireless infrastructure;
(B) to develop and provide educational services, including
faculty development; or
(C) to develop strategic plans for information technology
investments.
(4) The Administrator shall not require an eligible
educational institution to provide matching funds for a grant
awarded under this subsection.
(5)(A) The Administrator shall consult with the Committee
on Appropriations and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Appropriations and the Committee on Energy and Commerce of
the House of Representatives, on a quarterly basis regarding
the pilot program assisted under this subsection.
(B) Not later than 1 year after the date of enactment of
this section, the Administrator shall submit to the
committees described in subparagraph (A) a report evaluating
the progress of the pilot program assisted under this
subsection.
(c) There are authorized to be appropriated to carry out
this section $4,500,000 for each of fiscal years 2008 and
2009.
(d) The Administrator shall carry out this section only
with amounts appropriated in advance specifically to carry
out this section.
Sec. 537. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve
the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies; or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
Sec. 538. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 539. Section 2301 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (47 U.S.C. 901 note) is
amended by striking ``the `Improving Emergency Communications
Act of 2007'.'' and inserting ``the `911 Modernization
Act'.''.
Sec. 540. Section 504(a)(11)(E) of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-
134; 110 Stat. 1321-55) is amended by inserting before ``an
alien'' the following: ``a nonimmigrant worker admitted to,
or permitted to remain in, the United States under section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(b)) for forestry labor or''.
Sec. 541. None of the funds made available in this Act may
be used in contravention of section 402(e)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
Sec. 542. None of the funds in this Act may be used to
employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 543. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single conference occurring outside the United States.
TITLE VI
RESCISSIONS
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(RESCISSION)
Of the unobligated balances available under this heading
from prior year appropriations, $5,700,000 are rescinded.
Economic and Statistical Analysis
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading
from prior year appropriations, $800,000 are rescinded.
National Institute of Standards and Technology
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading
from prior year appropriations, $18,800,000 are rescinded.
National Oceanic and Atmospheric Administration
(Rescission)
Of the unobligated balances available in accounts under
this heading from prior year appropriations, $11,372,000 are
rescinded.
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$7,400,000 are rescinded.
JUSTICE INFORMATION SHARING TECHNOLOGY
(RESCISSION)
Of the unobligated balances available under this heading,
$5,000,000 are rescinded.
Working Capital Fund
(Rescission)
Of the unobligated balances available under this heading,
$41,000,000 are rescinded.
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$1,300,000 are rescinded.
DETENTION TRUSTEE
(RESCISSION)
Of the unobligated balances available under this heading,
$145,000,000 are rescinded.
Legal Activities
Assets Forfeiture Fund
(Rescission)
Of the unobligated balances available under this heading,
$240,000,000 are rescinded.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(RESCISSION)
Of the unobligated balances available under this heading
from prior year appropriations, $14,700,000 are rescinded.
Office of Justice Programs
(Rescission)
Of the unobligated balances available under this heading
from prior year appropriations, $87,500,000 are rescinded,
not later than September 30, 2008.
Community Oriented Policing Services
(Rescissions)
Of the unobligated balances available under this heading
from prior year appropriations, $87,500,000 are rescinded,
not later than September 30, 2008.
Of the unobligated funds previously appropriated from the
Violent Crime Reduction Trust Fund under this heading,
$10,278,000 are rescinded.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(Rescission)
Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year
appropriations, $192,475,000 are rescinded: Provided, That
within 30 days after the date of the enactment of this
section the Administrator shall submit to the Committees on
Appropriations a report specifying the amount of each
rescission made pursuant to this section.
NATIONAL SCIENCE FOUNDATION
(Rescission)
Of the unobligated balances available to the National
Science Foundation from prior year appropriations,
$33,000,000 are rescinded: Provided, That within 30 days
after the date of the enactment of this section the Director
shall submit to the Committees on Appropriations a report
specifying the amount of each rescission made pursuant to
this section.
This Act may be cited as the ``Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2008''.
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors,
flood and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related purposes.
Investigations
(including rescission of funds)
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects; restudy of authorized
projects, miscellaneous investigations; and, when authorized
by law, surveys and detailed studies, and plans and
specifications of projects
[[Page H15579]]
prior to construction, $167,261,000, to remain available
until expended: Provided, That of the funds provided under
this heading of Public Law 106-554, $100,000 are rescinded:
Provided further, That using $2,952,000 of the funds provided
herein, the Secretary of the Army acting through the Chief of
Engineers shall continue the Louisiana Coastal Protection and
Restoration study at full Federal expense: Provided further,
That using $1,968,000 of the funds provided herein, the
Secretary of the Army acting through the Chief of Engineers
shall continue the Coastal Mississippi Hurricane and Storm
Damage Reduction study at full Federal expense: Provided
further, That funds in the amount of $461,000 are provided to
continue environmental studies for the Pine Mountain Dam,
Arkansas, project: Provided further, That cost sharing of
preconstruction engineering and design shall be as previously
applied to this activity.
Construction
(including rescissions of funds)
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law, including a portion of the expenses for
the modifications authorized by section 104 of the Everglades
National Park Protection and Expansion Act of 1989; for
conducting detailed studies, and plans and specifications, of
such projects (including those involving participation by
States, local governments, or private groups) authorized or
made eligible for selection by law (but such detailed
studies, and plans and specifications, shall not constitute a
commitment of the Government to construction);
$2,294,029,000, to remain available until expended; of which
such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund as authorized by Public Law 104-303;
and of which such sums as are necessary pursuant to Public
Law 99-662 shall be derived from the Inland Waterways Trust
Fund, to cover one-half of the costs of construction and
rehabilitation of inland waterways projects (including the
rehabilitation costs for Lock and Dam 11, Mississippi River,
Iowa; Lock and Dam 19, Mississippi River, Iowa; Lock and Dam
24, Mississippi River, Illinois and Missouri; Lock 27,
Mississippi River, Illinois; Markland Locks and Dam, Kentucky
and Indiana; Emsworth Locks and Dam, Ohio River,
Pennsylvania; and Lock and Dam 3, Mississippi River,
Minnesota) shall be derived from the Inland Waterways Trust
Fund; and of which $7,380,000 shall be exclusively for
projects and activities authorized under section 107 of the
River and Harbor Act of 1960; and of which $4,796,000 shall
be exclusively for projects and activities authorized under
section 111 of the River and Harbor Act of 1968; and of which
$4,428,000 shall be exclusively for projects and activities
authorized under section 103 of the River and Harbor Act of
1962; and of which $42,312,000 shall be exclusively for
projects and activities authorized under section 205 of the
Flood Control Act of 1948; and of which $9,840,000 shall be
exclusively for projects and activities authorized under
section 14 of the Flood Control Act of 1946; and of which $0
shall be exclusively for projects and activities authorized
under section 208 of the Flood Control Act of 1954; and of
which $29,520,000 shall be exclusively for projects and
activities authorized under section 1135 of the Water
Resources Development Act of 1986; and of which $29,520,000
shall be exclusively for projects and activities authorized
under section 206 of the Water Resources Development Act of
1996; and of which $5,292,000 shall be exclusively for
projects and activities authorized under sections 204 and 207
of the Water Resources Development Act of 1992 and section
933 of the Water Resources Development Act of 1986: Provided,
That the Chief of Engineers is directed to use $12,792,000 of
the funds appropriated herein for the Dallas Floodway
Extension, Texas, project, including the Cadillac Heights
feature, generally in accordance with the Chief of Engineers
report dated December 7, 1999: Provided further, That the
Chief of Engineers is directed to use $1,968,000 of the funds
provided herein for the Hawaii Water Management Project:
Provided further, That the Chief of Engineers is directed to
use $5,166,000 of the funds appropriated herein for planning,
engineering, design or construction of the Grundy, Buchanan
County, and Dickenson County, Virginia, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River Project: Provided further, That the Chief of
Engineers is directed to use $18,204,000 of the funds
appropriated herein to continue planning, engineering, design
or construction of the Lower Mingo County, Upper Mingo
County, Wayne County, McDowell County, West Virginia,
elements of the Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River Project: Provided further, That
the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $4,920,000 of the funds
appropriated herein for the Clover Fork, City of Cumberland,
Town of Martin, Pike County (including Levisa Fork and Tug
Fork Tributaries), Bell County, Harlan County in accordance
with the Draft Detailed Project Report dated January 2002,
Floyd County, Martin County, Johnson County, and Knox County,
Kentucky, detailed project report, elements of the Levisa and
Tug Forks of the Big Sandy River and Upper Cumberland River:
Provided further, That the Secretary of the Army is directed
to use any remaining available funds from funds appropriated
in Public Law 103-126 (107 Stat. 1315) for carrying out
engineering and design for the relocation of the comfort and
lifeguard stations on the Atlantic Coast of New York City
from Rockaway Inlet to Norton Point, New York, project for
construction of other features of the project: Provided
further, That the Secretary of the Army is directed to use
any remaining available funds from the funds appropriated in
Public Law 107-66 (115 Stat. 488) for increasing the
authorized level of protection for the Bois Brule Drainage
and Levee District, Missouri, project, to continue design
deficiency repairs on the project: Provided further, That the
Chief of Engineers is directed to use $2,952,000 of the funds
provided herein to initiate planning and design of a rural
health care facility on the Fort Berthold Reservation of the
Three Affiliated Tribes, North Dakota: Provided further, That
$1,476,000 of the funds provided herein shall be available to
continue detailed design including plans and specifications,
execute a PCA and initiate construction of Phases I and II
for the Greenbrier River Basin, Marlinton, West Virginia,
project: Provided further, That the Secretary of the Army
shall use up to $5,904,000 including the prior unobligated
balance of $4,972,000 from the Devils Lake Outlet, North
Dakota, project for the North Dakota environmental
infrastructure project: Provided further, That the Secretary
of the Army shall use the prior year unobligated balance of
$1,500,000 from the Waterbury Dam repairs project for the
Lake Champlain Watershed project: Provided further, That of
the funds provided under this heading the following amounts
are rescinded: from Public Law 101-101, $435,000; from Public
Law 102-377, $1,740,000; from Public Law 103-126, $797,000;
and from Public Law 105-245, $1,716,000.
Mississippi River and Tributaries
For expenses necessary for the flood damage reduction
program for the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $387,402,000, to
remain available until expended, of which such sums as are
necessary to cover the Federal share of operation and
maintenance costs for inland harbors shall be derived from
the Harbor Maintenance Trust Fund: Provided, That the Chief
of Engineers is directed to use $9,840,000 of the funds
provided herein for design and real estate activities and
pump supply elements for the Yazoo Basin, Yazoo Backwater
Pumping Plant, Mississippi: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers
is directed to use $9,840,000 appropriated herein for
construction of water withdrawal features of the Grand
Prairie, Arkansas, project.
Operation and Maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law, for providing security for
infrastructure owned and operated by, or on behalf of, the
United States Army Corps of Engineers (the ``Corps''),
including administrative buildings and facilities, and
laboratories, and the Washington Aqueduct; for the
maintenance of harbor channels provided by a State,
municipality, or other public agency that serve essential
navigation needs of general commerce, where authorized by
law; and for surveys and charting of northern and
northwestern lakes and connecting waters, clearing and
straightening channels, and removal of obstructions to
navigation, $2,243,637,000, to remain available until
expended, of which such sums as are necessary to cover the
Federal share of operation and maintenance costs for coastal
harbors and channels, and inland harbors shall be derived
from the Harbor Maintenance Trust Fund, pursuant to Public
Law 99-662 may be derived from that fund; of which such sums
as become available from the special account for the Corps
established by the Land and Water Conservation Act of 1965,
as amended (16 U.S.C. 460l-6a(i)), may be derived from that
account for resource protection, research, interpretation,
and maintenance activities related to resource protection in
the areas at which outdoor recreation is available; and of
which such sums as become available under section 217 of the
Water Resources Development Act of 1996, Public Law 104-303,
shall be used to cover the cost of operation and maintenance
of the dredged material disposal facilities for which fees
have been collected: Provided, That utilizing funds
appropriated herein, for the Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, the Chief of
Engineers, is directed to reimburse the State of Delaware for
normal operation and maintenance costs incurred by the State
of Delaware for the SR1 Bridge from station 58+00 to station
293+00 between October 1, 2007, and September 30, 2008:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use up to
$350,000 of the funds appropriated herein to reimburse the
City of Glen Cove, New York, for costs associated with the
maintenance dredging of Glen Cove Creek incurred prior to
enactment of this Act.
Regulatory Program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$180,000,000, to remain available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $140,000,000, to
remain available until expended.
Expenses
For expenses necessary for general administration and
related civil works functions in the headquarters of the
United States Army Corps of Engineers, the offices of the
Division Engineers, the Humphreys Engineer Center Support
Activity, the Institute for Water Resources, the United
States Army Engineer Research and Development Center, and the
United States Army
[[Page H15580]]
Corps of Engineers Finance Center, $175,046,000, to remain
available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices.
Office of Assistant Secretary of the Army (Civil Works)
For the Office of the Assistant Secretary of the Army
(Civil Works) as authorized by 10 U.S.C. 3016(b)(3),
$4,500,000 is provided.
Administrative Provision
Appropriations in this title shall be available for
official reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of
passenger motor vehicles.
GENERAL PROVISIONS, Corps of Engineers--Civil
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2008, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project or activity;
(3) increases funds or personnel for any program, project
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
by either the House or the Senate Committees on
Appropriations for a different purpose, unless prior approval
is received from the House and Senate Committees on
Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections
6 through 10, unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000; Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments;
Provided further, That up to $300,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, That the Chief of Engineers
must notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations,
Construction, and Operation and Maintenance portions of the
Mississippi River and Tributaries Account as listed above;
and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(c) Not later than 60 days after the date of enactment of
this Act, the Corps of the Engineers shall submit a report to
the House and Senate Committees on Appropriations to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided,
That the report shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest: Provided further, That the amount appropriated for
salaries and expenses of the Corps of Engineers shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 102. None of the funds made available in this title
may be used to award any continuing contract or make
modifications to any existing continuing contract that
commits an amount for a project in excess of the amounts
appropriated for that project that remain unobligated, except
that such amounts may include any funds that have been made
available through reprogramming to that project pursuant to
section 101 of this Act.
Sec. 103. None of the funds in this Act, or previous Acts,
making funds available for Energy and Water Development,
shall be used to implement any pending or future competitive
sourcing actions under OMB Circular A-76 or High Performing
Organizations for the U.S. Army Corps of Engineers.
Sec. 104. None of the funds appropriated in this or any
other Act shall be used to demonstrate or implement any plans
divesting or transferring any Civil Works missions,
functions, or responsibilities of the United States Army
Corps of Engineers to other government agencies without
specific direction in a subsequent Act of Congress.
Sec. 105. Within 90 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report
to the appropriate authorizing and appropriating committees
of the Congress.
Sec. 106. Water Reallocation, Lake Cumberland, Kentucky.
(a) In General.--Subject to subsection (b), none of the funds
made available by this Act may be used to carry out any water
reallocation project or component under the Wolf Creek
Project, Lake Cumberland, Kentucky, authorized under the Act
of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of July
24, 1946 (60 Stat. 636, ch. 595).
(b) Existing Reallocations.--Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
Sec. 107. Using amounts available in the Revolving Fund,
the Secretary of the Army is authorized to construct a new
Environmental Laboratory and improvements to the Information
Technology Laboratory at the Engineer Research and
Development Center in Vicksburg, Mississippi: Provided, That
the Secretary shall ensure that the Revolving Fund is
appropriately reimbursed from appropriations of the Corps'
benefiting programs by collection each year of amounts
sufficient to repay the capitalized cost of such construction
and improvements.
Sec. 108. Notwithstanding section 729 of the Water
Resources Development Act of 1986, as amended (33 U.S.C.
2267a), the Secretary shall credit toward the non-Federal
share of the cost of the Rio Grande Basin Watershed Study,
New Mexico, Colorado and Texas, the cost of in-kind services
contributed by the New Mexico Interstate Stream Commission
for the Study up to the full amount of the required non-
Federal share, in accordance with the Agreement between the
Commission and the Department of the Army dated December 3,
2001 as modified on January 14, 2002.
Sec. 109. Section 121 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256)
is amended by striking subsection (a) and inserting the
following:
``(a) The Secretary of the Army may carry out and fund
planning studies, watershed surveys and assessments, or
technical studies at 100 percent Federal expense to
accomplish the purposes of the 2003 Biological Opinion
described in section 205(b) of the Energy and Water
Development Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2949) as amended by subsection (b) and the
collaborative program long-term plan. In carrying out a
study, survey, or assessment under this subsection, the
Secretary of the Army shall consult with Federal, State,
tribal and local governmental entities, as well as entities
participating in the Middle Rio Grande Endangered Species
Collaborative Program referred to in section 205 of this Act:
Provided, That the Secretary of the Army may also provide
planning and administrative assistance to the Middle Rio
Grande Endangered Species Collaborative Program, which shall
not be subject to cost sharing requirements with non-Federal
interests.''.
Sec. 110. The Secretary of the Army, acting through the
Chief of Engineers, is directed to convey at no cost, lands
to Tate County School District, Tate County, Mississippi, the
transfer of any real property interests, not to exceed 50
acres, at Arkabutla Lake deemed available by the Army that is
located adjacent to school district property in the vicinity
of State Highway 306 west of Coldwater, Mississippi. Such
transfer shall be subject to the reservation of any required
flowage easements for the operation of Arkabutla Lake and
which preclude structures for human habitation. This property
shall be used by the Tate County School District for public
educational purposes.
Sec. 111. Section 594 of the Water Resources Development
Act of 1999 is amended by striking ``SEC. 594. OHIO.'' and
inserting in lieu thereof ``SEC. 594. OHIO AND NORTH
DAKOTA.'' and in (a) strike ``Ohio.'' and insert in lieu
thereof ``Ohio and North Dakota.'' and in (b) strike
``Ohio,'' and insert in lieu thereof ``Ohio and North
Dakota,'' and in (h) strike ``$240,000,000.'' and insert in
lieu thereof ``$240,000,000 for Ohio and $100,000,000 for
North Dakota.''.
Sec. 112. The Secretary of the Army, acting through the
Chief of Engineers, is directed and authorized to conduct
preconstruction engineering and design activities at full
Federal expense for the Kahuku Storm Damage Reduction
Project, Oahu, Hawaii, which includes interior drainage and
related improvements to be constructed on lands that may
include Federal land, the cost of the preconstruction,
engineering, and design activities shall be included in total
project costs to be cost shared at the rate of 65 percent
Federal and 35 percent non-Federal, as a part of construction
and the Decision Document contents shall be limited to a
design analysis and supporting NEPA documentation for
drainage improvements.
Sec. 113. Section 227 of Public Law 104-303 is amended in
section 5(a) by striking ``7'', and inserting ``12'' in lieu
thereof.
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Sec. 114. All budget documents and justification materials
for the Corps of Engineers annual budget submission to
Congress shall be assembled and presented based on the most
recent annual appropriations Act: Provided, That new budget
proposals for fiscal year 2008 and thereafter, shall not be
integrated into the budget justifications submitted to
Congress but shall be submitted separately from the budget
justifications documents.
Sec. 115. The Secretary of the Army acting through the
Chief of Engineers is directed to plan, design, and construct
a rural health care facility on the Fort Berthold Indian
Reservation of the Three Affiliated Tribes, North Dakota, at
an estimated Federal cost of $20,000,000. The Secretary shall
transfer this facility to the Secretary of the Interior for
operation and maintenance upon the completion of
construction.
Sec. 116. The last sentence of section 215(a) of the Flood
Control Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by
striking ``$5,000,000'' and inserting ``$7,000,000''.
Sec. 117. Johnson Creek, Arlington, Texas. (a) In
General.--The project for flood damage reduction,
environmental restoration and recreation, Johnson Creek,
Arlington, Texas, authorized by section 101(b)(14) of the
Water Resources Development Act of 1999 (113 Stat. 280-281)
is modified to authorize the Secretary to construct the
project substantially in accordance with the report entitled
Johnson Creek: A Vision of Conservation, dated March 30,
2006, at a total cost of $80,000,000, with an estimated
Federal cost of $52,000,000 and an estimated non-Federal cost
of $28,000,000 if the Secretary determines that the project
is technically sound and environmentally acceptable.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of the
project may be provided in cash or in the form of in-kind
services or materials.
(2) Credit and reimbursement.--The Secretary shall credit
toward the non-Federal share of the cost of the project the
cost of planning, design, and construction work carried out
by the non-Federal interest for implementation of the
project, if the Secretary determines that the work is
integral to the project. Subject to the availability of
funds, the non- Federal interest shall be reimbursed for
costs incurred by the non-Federal interest that exceed the
non-Federal share of project costs.
(c) Conforming Amendment.--Section 134 of the Energy and
Water Development Appropriations Act, 2006 (119 Stat. 2264)
and section 5143 of the Water Resources Development Act of
2007, (Public Law 110-114) are repealed.
Sec. 118. The Secretary is authorized and directed to
reimburse local governments for expenses they have incurred
in storm-proofing pumping stations, constructing safe houses
for operators, and other interim flood control measures in
and around the New Orleans metropolitan area, provided the
Secretary determines those elements of work and related
expenses to be integral to the overall plan to ensure
operability of the stations during hurricanes, storms and
high water events and the flood control plan for the area.
Sec. 119. Section 219(f) of the Water Resources Development
Act of 1992 (Public Law 102-580, 106 Stat. 4835 et seq.), as
amended, is further amended by striking subsection ``(71)
Coronado, California'', in its entirety and inserting the
following:
``(71) Coronado, california.
``(A) $10,000,000 is authorized for wastewater
infrastructure, Coronado, California.
``(B) The Federal Share may be in the form of grants or
reimbursements of project costs incurred by the non-Federal
sponsor for work performed by the non-Federal sponsor before
or after the execution of a project cooperation agreement, if
the Secretary determines that such work is integral to the
project.
``(C) The Secretary is authorized to credit towards the
non-Federal share of project costs the costs incurred by the
non-Federal sponsor for work performed by the non-Federal
sponsor before or after the execution of a project
cooperation agreement, if the Secretary determines that such
work is integral to the project.''
Sec. 120. Navajo Reservation, Arizona, New Mexico, and
Utah.--Section 520(b) of the Water Resources Development Act
of 1999 (Public Law 106-53; 113 Stat. 345) is amended by
inserting after the second sentence ``The local match for the
funds appropriated for flood plain delineation on the Navajo
reservation in Arizona, New Mexico, and Utah may be provided
as in-kind services.''.
Sec. 121. The Secretary of the Army may, under such terms
and conditions as the Secretary deems appropriate, contract
with any public or private entity to provide visitor
reservation services. Any such contract in effect on or after
October 1, 2004, may provide that the contractor shall be
permitted to deduct a commission to be fixed by the Secretary
from the amount charged the public for providing such
services and to remit the net proceeds therefrom to the
contracting agency.
Sec. 122. The project for flood control, Redwood River,
Marshall, Minnesota, authorized by section 401(a) of the
Water Resources Development Act of 1986 and modified by
section 4(k) of the Water Resources Development Act of 1988
is further modified to authorize the Secretary to construct
the project at a total cost of $11,863,000, with an estimated
first Federal cost of $8,722,000 and an estimated first non-
Federal cost of $3,141,000.
Sec. 123. The project for St. John's Bayou and New Madrid
Floodway in the State of Missouri as authorized by subsection
(d) of the matter under the heading ``Lower Mississippi
River'' under section 203 of the Flood Control Act of 1954
(68 Stat. 1258) and section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4118), and as modified by
section 331 of the Water Resources Development Act of 1996
(110 Stat. 3658) as described in the June 2002 Revised
Supplemental Impact Statement, as supplemented by the March
2006 Revised Supplemental Environmental Impact Statement 2
for this project is economically justified: Provided, That
the levee closure and gravity structure at the south end of
the New Madrid Floodway portion of the Project are part of
the Mississippi River Levee feature of the Mississippi River
and Tributaries Project and are not a separable element of
that Project.
Sec. 124. Funds provided in title V, chapter 3 of Public
Law 110-28 under the heading ``Construction'' may be used for
restoration of shore protection projects in New Jersey
damaged by the same meteorological events that resulted in
Presidential Disaster Declaration FEMA-1694-DR.
Sec. 125. The project for flood control, Cedar Hammock
(Wares Creek), Florida, authorized by section 101(a)(10) of
Public Law 104-303 (110 Stat. 3664), is modified to authorize
the Secretary to construct the project at a total cost of
$42,600,000.
Sec. 126. Section 156 of Public Law 108-137 is amended by
inserting ``or reimburse'' after ``non-Federal share of the
cost of the project'' in paragraphs (2) and (3).
Sec. 127. Notwithstanding any other provision of law, the
requirements regarding the use of continuing contracts under
the authority of section 206 of the Water Resources
Development Act of 1999 (33 U.S.C. 2331) shall apply only to
projects funded under the Operation and Maintenance account
and the Operation and Maintenance subaccount of the
Mississippi River and Tributaries account.
Sec. 128. Section 3020 of the Water Resources Development
Act of 2007, Public Law 110-114, is amended by inserting ``or
after'' following the word ``before''.
Sec. 129. Notwithstanding provisions of 42 U.S.C. 2011 et
seq. and 42 U.S.C. 7901 et seq. the U.S. Army Corps of
Engineers shall have the authority to arrange disposal of
waste materials from the Maywood, New Jersey, Formerly
Utilized Sites Remedial Action Program (FUSRAP) site at off-
site facilities permitted to accept such waste materials
under subtitle C of the Resource Conservation and Recovery
Act (42 U.S.C. 6921 et seq.). FUSRAP waste materials from the
Maywood site may be, but shall not be required to be,
disposed at sites licensed under the Atomic Energy Act (42
U.S.C. 2011 et seq.).
Sec. 130. American and Sacramento Rivers, California.
Section 101(a)(1)(B) of the Water Resources Development Act
of 1996 (Public Law 104-303: 110 Stat. 3662) is modified to
read as follows:
``(B) Credit toward non-federal share.--The non-Federal
interest shall receive credit toward the non-Federal share of
project costs for expenses that the non-Federal interest
incurs for design or construction of any authorized project
feature, including credit for work commenced before the date
of execution of a cooperation agreement for the affected
feature. The amount of the credit shall be determined by the
Secretary.''.
Sec. 131. White River Navigation to Batesville, Arkansas.
The project for navigation, White River Navigation to
Batesville, Arkansas, as authorized in Public Law 99-662 is
amended to extend the project from mile 255, near Newport,
Arkansas, to approximately mile 296, near Batesville,
Arkansas; to include a harbor at Batesville, Arkansas; and
environmental restoration within the White River Basin
including Federally owned lands.
Sec. 132. Landfills Used for Certain Waste. (a) In
General.--The funding prohibition set forth in section 103 of
the Energy and Water Development Appropriations Act, 2006
shall not apply to the construction or expansion of any
landfill in the Muskingum River watershed if--
(1) the landfill is used solely for the disposal of--
(A) wastes generated from the combustion or gasification of
coal,
(B) wastes consisting of byproducts from pollution control
technology installed to comply with the Clean Air Act, or
(C) both of such types of wastes.
(2) the landfill is owned by the waste generator or any
affiliated person, and
(3) the facility at which the wastes are generated is
located in the same watershed as the landfill.
(b) Definitions.--For purposes of this section:
(1) The term ``affiliated person'' means any person who,
directly or indirectly, owns or controls the waste generator,
is owned or controlled by the waste generator, or is under
common ownership or control with the waste generator.
(2) The term ``Muskingum River watershed'' shall mean the
area within the watershed of the Muskingum River, as
delineated by the Secretary of the Army, acting through the
Chief of Engineers.
Sec. 133. Conveyance to Story County, Iowa. Not later than
180 days after the date of enactment of this Act, the Chief
of the Army Corps of Engineers shall convey to Story County,
Iowa, without consideration, all rights, title, and interest
of the United States in and to a parcel of real property,
including any improvements thereon, consisting of
approximately 197 acres originally proposed for the Skunk
River Reservoir, located between Ames, Iowa, and Story City,
Iowa.
Sec. 134. None of the funds provided herein may be used to
implement any new water control manuals for the Apalachicola-
Chattahootchee-Flint and Alabama-Coosa-Tallapoosa river
systems: Provided, That in updating the water control manuals
the Secretary of the Army, acting through the Chief of
Engineers is directed to provide the following information by
September 30, 2008:
(1) an estimate of the amount of withdrawals from each
respective river basin for entities
[[Page H15582]]
withdrawing one million gallons per day or more over the
preceding 60 months;
(2) a flow data set for the respective river basin updated
through the most recently completed calendar year;
(3) an estimated projection of total water usage in the
respective basins over the next 25 years.
Sec. 135. Title II, chapter 3 of Public Law 109-234 under
the heading ``Construction'' is modified by striking
``construction: Provided,'' and inserting in lieu thereof ``:
Provided, That the Secretary of the Army, in implementing
projects and measures in the New Orleans metropolitan area
required to achieve certification for participation in the
National Flood Insurance Program as directed in Public Law
109-234 shall include all authorized features of the
Southeast Louisiana Flood Control project and related
internal pumping requirements as integral elements of the
comprehensive protection system for the area and shall
complete all authorized work for the Southeast Louisiana
project concurrently and integrally with other area projects:
Provided further,''.
Sec. 136. Utilizing funds appropriated under Alaska Coastal
Erosion or other available funds, the Secretary of the Army,
acting through the Chief of Engineers, is directed to prepare
a preliminary action plan for any community that requests
assistance pursuant to section 117, as contained in title I,
division C of Public Law 108-447: Provided, That the
preliminary action plan pursuant to this authority shall be
presented to the Assistant Secretary of the Army (Civil
Works) and the Alaska Congressional Delegation not later than
90 days after the initial request from the community:
Provided further, That the preliminary action plan will
recommend the most appropriate course of action (relocation
or erosion stabilization), including a preliminary cost
estimate and, at a minimum, the first year funding
requirements: Provided further, That if the Alaska District
is unable to comply with this reporting requirement, the
District shall provide written notification to the Assistant
Secretary of the Army (Civil Works) and the Alaska
Congressional Delegation within 30 days of the community
assistance request explaining why they are unable to comply.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
Central Utah Project Completion Account
For carrying out activities authorized by the Central Utah
Project Completion Act, $41,380,000, to remain available
until expended, of which $976,000 shall be deposited into the
Utah Reclamation Mitigation and Conservation Account for use
by the Utah Reclamation Mitigation and Conservation
Commission.
In addition, for necessary expenses incurred in carrying
out related responsibilities of the Secretary of the
Interior, $1,620,000, to remain available until expended.
For fiscal year 2008, the Commission may use an amount not
to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
Water and Related Resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $949,882,000, to remain available until
expended, of which $60,258,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$26,787,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund; of which not more than $500,000 is for high priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706: Provided, That such
transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of
the total appropriated, the amount for program activities
that can be financed by the Reclamation Fund or the Bureau of
Reclamation special fee account established by 16 U.S.C.
460l-6a(i) shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That funds
available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation
for site remediation on a non-reimbursable basis: Provided
further, That funds provided for the Friant-Kern and Madera
Canals improvements may be expended on a non-reimbursable
basis: Provided further, That $2,952,000 of the funds
appropriated under this heading shall be deposited in the San
Gabriel Basin Restoration Fund established by section 110 of
title I of appendix D of Public Law 106-554.
Central Valley Project Restoration Fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $59,122,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water
for in-stream purposes if the water is already committed to
in-stream purposes by a court adopted decree or order.
California Bay-Delta Restoration
(including transfer of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$40,098,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That the use of any funds
provided to the California Bay-Delta Authority for program-
wide management and oversight activities shall be subject to
the approval of the Secretary of the Interior: Provided
further, That CALFED implementation shall be carried out in a
balanced manner with clear performance measures demonstrating
concurrent progress in achieving the goals and objectives of
the Program.
Policy and Administration
(including transfer of funds)
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$58,811,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses: Provided further, That, of the funds
provided under this heading, $10,000,000 shall be transferred
to ``Water and Related Resources'' upon the expiration of the
60-day period following the date of enactment of this Act if,
during such period, the Secretary of the Interior has not
submitted to the Committees on Appropriations of the House of
Representatives and the Senate the Bureau of Reclamation's
five-year budget plan.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 14 passenger motor
vehicles, which are for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program-Alternative
Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan''
described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New
Mexico unless said purchase or lease is in compliance with
the purchase requirements of section 202 of Public Law 106-
60.
Sec. 203. Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation.
Sec. 204. The Secretary of the Interior, acting through
the Commissioner of the Bureau of Reclamation, is authorized
to enter into grants, cooperative agreements, and other
agreements with irrigation or water districts and States to
fund up to 50 percent of the cost of planning, designing, and
constructing improvements that will conserve water, increase
water use efficiency, or enhance water management through
measurement or automation, at existing water supply projects
within the States identified in the Act of June 17, 1902, as
amended, and supplemented: Provided, That when such
improvements are to federally owned facilities, such funds
may be provided in advance on a non-reimbursable basis to an
entity operating affected transferred works or may be deemed
non-reimbursable for non-transferred works: Provided further,
That the calculation of the non-Federal contribution shall
provide for consideration of the value of any in-kind
contributions, but shall not include funds received from
other Federal agencies: Provided further, That the cost of
operating and maintaining such improvements
[[Page H15583]]
shall be the responsibility of the non-Federal entity:
Provided further, That this section shall not supercede any
existing project-specific funding authority: Provided
further, That the Secretary is also authorized to enter into
grants or cooperative agreements with universities or non-
profit research institutions to fund water use efficiency
research.
Sec. 205. (a) Section 209 of the Energy and Water
Development Appropriations Act, 2004 (Public Law 108-137; 117
Stat. 1850) is repealed.
(b) The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall establish an Executive
Committee of the Middle Rio Grande Endangered Species
Collaborative Program (referred to in this section as the
``Executive Committee'') consistent with the bylaws of the
Middle Rio Grande Endangered Species Collaborative Program
adopted on October 2, 2006.
(c) In compliance with applicable Federal and State laws,
the Secretary (acting through the Commissioner of
Reclamation), in collaboration with the Executive Committee,
may enter into any grants, contracts, cooperative agreements,
interagency agreements, or other agreements that the
Secretary determines to be necessary to comply with the 2003
Biological Opinion described in section 205(b) of the Energy
and Water Development Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 2949) as amended by section 121(b) of the
Energy and Water Development Appropriations Act, 2006 (Public
Law 109-103; 119 Stat. 2256) or in furtherance of the
objectives set forth in the collaborative program long-term
plan.
(d)(1) The acquisition of water under subsection (c) and
any administrative costs associated with carrying out
subsection (c) shall be at full Federal expense.
(2) Not more than 15 percent of amounts appropriated to
carry out subsection (c) shall be made available for the
payment of administrative expenses associated with carrying
out that subsection.
(e)(1) The non-Federal share of activities carried out
under subsection (c) (other than an activity or a cost
described in subsection (d)(1)) shall be 25 percent. The non-
Federal cost share shall be determined on a programmatic,
rather than a project-by-project basis.
(2) The non-Federal share required under paragraph (1) may
be in the form of in-kind contributions, the value of which
shall be determined by the Secretary in consultation with the
executive committee.
(f) Nothing in this section modifies or expands the
discretion of the Secretary with respect to operating
reservoir facilities under the jurisdiction of the Secretary
in the Rio Grande Valley, New Mexico.
Sec. 206. In furtherance of section 529 of Public Law 106-
541, the Secretary of the Interior shall continue to
participate in implementation of the Project at Las Vegas
Wash and Lake Mead in accordance with the Plan, and may
provide grants to the Southern Nevada Water Authority to
carry out the implementation of the Project at Las Vegas Wash
and Lake Mead in accordance with the Plan: Provided, That
issuance of any such grants shall not modify the cost sharing
requirements provided in section 529(b) of Public Law 106-
541.
Sec. 207. In carrying out section 2507 of Public Law 107-
171, the Secretary of the Interior, acting through the
Commissioner of Reclamation, shall use $2,000,000 to provide
grants, to be divided equally, to the State of Nevada and the
State of California to implement the Truckee River Settlement
Act, Public Law 101-618.
Sec. 208. (a) Notwithstanding any other provision of law,
of amounts made available under section 2507 of the Farm
Security and Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171), the Secretary of the Interior--
(1) acting through the Commissioner of Reclamation, shall
use--
(A) subject to subsection (b), $3,000,000 for activities
necessary to convey to the State of Nevada the land known as
the ``Carson Lake and Pasture'', as authorized by section
206(e) of the Truckee-Carson-Pyramid Lake Water Rights
Settlement Act (Public Law 101-618: 104 Stat. 3311);
(B) $10,000,000 for the removal of the Numana Dam and other
obsolete irrigation structures located on the Pyramid Lake
Paiute Reservation for the benefit of the Pyramid Lake Paiute
Tribe because of their status as Indians;
(C) in consultation with the Corps of Engineers, as
applicable, $5,000,000 to study and prepare plans for the
development and construction of a pipeline to convey water
from Dixie Valley to Churchill County, Nevada;
(D) $10,000,000 for--
(i) design and construction of the Derby Dam fish screen to
allow passage of fish, including the cui-ui and Lahontan
cutthroat trout; and
(ii) any improvements to Derby Dam necessary to make the
fish screen operable;
(E) $6,000,000 for the acquisition of not more than 4 small
hydroelectric power plants from the Sierra Pacific Power
Company to improve water allocation and fish passage in the
Truckee River; and
(F) $6,000,000 for Lower Truckee River restoration projects
identified by the cities of Reno and Sparks, Nevada, and
Washoe County, Nevada;
(2) shall allocate $9,000,000 to a nonprofit conservation
organization, acting in consultation with the Truckee Meadows
Water Authority, for--
(A) the acquisition of land surrounding Independence Lake;
and
(B) protection of the native fishery and water quality of
Independence Lake;
(3) shall allocate $1,000,000 to the Summit Lake Paiute
Tribe to plan and complete restoration efforts at the Summit
Lake in Northern Washoe County, Nevada, for the benefit of
the Tribe because of their status as Indians;
(4) shall allocate $3,000,000 to the Newlands Project Water
Rights Fund for a Federal-State-Pyramid Lake Paiute Tribe
program, to be administered by an entity identified by the 3
applicable parties, for the retirement of water rights
pursuant to the Truckee-Carson-Pyramid Lake Water Rights
Settlement Act (Public Law 101-618: 104 Stat. 3311);
(5) shall allocate $2,500,000 to the United States Fish and
Wildlife Service to analyze, in cooperation and consultation
with external experts, the impacts of low water flows on
reproduction at the Walker Lake fishery, including an
analysis of methods to prevent permanent effects on the
fishery from low water flows;
(6) shall allocate $4,000,000 to the State of Nevada to
prepare watershed inventories, with a particular focus on the
Walker and Carson River Basins;
(7) shall allocate $5,000,000 for joint planning and
development activities for water, wastewater, and sewer
facilities by the city of Fernley, Nevada, and the Pyramid
Lake Paiute Tribe;
(8) shall allocate $500,000 for the Walker River Paiute
Tribe for legal and professional services in support of
settling tribal water claims in the Walker River Basin and to
Walker Lake;
(9) shall allocate $1,000,000 to the Walker River
Irrigation District--
(A) to plan and implement a weed control program to improve
conveyance efficiency of water controlled by the Irrigation
District; and
(B) to make improvements to water gauges controlled by the
Irrigation District to enhance the water monitoring
activities of the Irrigation District; and
(10) shall allocate $250,000 to Churchill County, Nevada,
to provide testing of groundwater wells.
(b)(1) The Secretary shall achieve compliance with all
applicable Federal laws (including regulations) relating to
the conveyance of the Carson Lake and Pasture to the State of
Nevada as described in subsection (a)(1)(A) by not later than
June 30, 2010.
(2) Any amounts made available to carry out the conveyance
described in subsection (a)(1)(A) but not expended for that
purpose shall be made available to the State of Nevada to
supplement funds provided under section 217(a)(1) of the
Energy and Water Development Appropriations Act, 2004 (Public
Law 108-137; 117 Stat. 1852), to purchase water rights from
willing sellers and to make necessary improvements to benefit
the Carson Lake and Pasture.
Sec. 209. Section 10(a) of the Mni Wiconi Project Act of
1988 (Public Law 100-516; 102 Stat. 2571; 116 Stat. 3033) is
amended in the second sentence by striking ``2008'' and
inserting ``2013''.
Sec. 210. Inland Empire and Cucamonga Valley Recycling
Projects. The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C.
390h et seq.) is amended by adding at the end the following:
``SEC. 16__. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Inland Empire Utilities Agency, may participate in the
design, planning, and construction of the Inland Empire
regional water recycling project described in the report
submitted under section 1606(c).
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation and maintenance of the project
described in subsection (a).
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.
``SEC. 16__. CUCAMONGA VALLEY WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Cucamonga Valley Water District, may participate in the
design, planning, and construction of the Cucamonga Valley
Water District satellite recycling plants in Rancho
Cucamonga, California, to reclaim and recycle approximately 2
million gallons per day of domestic wastewater.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the capital cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation and maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000.
``(e) Sunset of Authority.--The authority of the Secretary
to carry out any provisions of this section shall terminate
10 years after the date of the enactment of this section.''.
(c) Conforming Amendments.--The table of sections in
section 2 of Public Law 102-575 is amended by inserting after
the last item the following:
``16__. Inland Empire Regional Water Recycling Program.
``16__. Cucamonga Valley Water Recycling Project.''.
Sec. 211. Prior to the unilateral termination or removal of
cabin or trailer sites on Bureau of Reclamation lands in
North Dakota for the purpose of changing land use, the
Secretary of the Interior is directed to submit a report
describing the action to the Committee on Energy and Natural
Resources, United States Senate and the Committee on Natural
Resources, United States House of Representatives and the
House and Senate Committees on Appropriations: Provided, That
the Secretary shall not move forward with the proposed action
until 60 days after the report is submitted to the Committee
Chairmen.
[[Page H15584]]
Sec. 212. Section 3507(b) of Public Law 102-575 (106 Stat.
4600) is amended by striking ``$4,660,000'' and inserting
``$12,660,000''.
Sec. 213. Authority to Extend Water Contract. The Secretary
of the Interior may extend the water contract 14-06-600-3593,
as amended, between the United States and the East Bench
Irrigation District for water services, until the earlier
of--
(1) the expiration of the 2-year period beginning on the
date on which the contract would expire but for this section;
or
(2) the date on which a new long-term water contract is
executed by the parties to the contract listed in subsection
(b).
Sec. 214. Southern California Desert Region Integrated
Water and Economic Sustainability Plan. (a) In General.--The
Reclamation Wastewater and Groundwater Study and Facilities
Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.)
is amended by adding at the end the following new section:
``SEC. 16__. SOUTHERN CALIFORNIA DESERT REGION INTEGRATED
WATER AND ECONOMIC SUSTAINABILITY PLAN.
``(a) Authorization.--The Secretary, in cooperation with
the Mojave Water Agency is authorized to participate in the
design, planning, and construction of projects to implement
the `Mojave Water Agency's Integrated Regional Water
Management Plan'.
``(b) Cost Share.--The Federal share of the costs of the
projects authorized by this section shall not exceed 25
percent of the total cost.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.''.
(b) Conforming Amendment.--The table of sections in section
2 of Public Law 102-575 is amended by inserting after the
last item relating to title XVI the following:
``16__. Southern California desert region integrated water and economic
sustainability plan.''.
(c) Limitation.--The Secretary shall not provide funds for
the operation or maintenance of a project authorized by this
section.
(d) Credits Toward Non-Federal Share.--For purposes of
subparagraph (b) the Secretary shall credit the Mojave Water
Agency with the value of all expenditures made prior to the
date of the enactment of this Act that are used toward
completion of projects that are compatible with this section.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,739,541,000, to
remain available until expended: Provided, That the Secretary
is directed to make fiscal year 2008 weatherization funding
available from October 1, 2007, through March 31, 2009, for
States that submit plans requesting allocations for all or
part of this period: Provided further, That the funds
provided for Federal technical assistance and training are
intended to be used exclusively to support the effective
delivery of weatherization services as set forth in statute
and applicable regulations: Provided further, That any change
in program implementation should be proposed to Congress in
the Department's budget submission and not implemented before
congressional approval is obtained.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $140,000,000, to
remain available until expended.
Nuclear Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed 20 passenger
motor vehicles for replacement only, including one ambulance,
$970,525,000, to remain available until expended: Provided,
That $233,849,000 is authorized to be appropriated for
Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication Facility,
Savannah River Site, South Carolina: Provided further, That
the Department of Energy adhere strictly to Department of
Energy Order 413.3A for Project 99-D-143.
Legacy Management
For Department of Energy expenses for Legacy Management
activities, $34,183,000, to remain available until expended.
Clean Coal Technology
(including deferral and transfer of funds)
Of the funds made available under this heading for
obligation in prior years, $149,000,000 shall not be
available until October 1, 2008: Provided, That funds made
available in previous appropriations Acts shall be made
available for any ongoing project regardless of the separate
request for proposal under which the project was selected:
Provided further, That $166,000,000 of uncommitted balances
are transferred to Fossil Energy Research and Development to
be used until expended.
Fossil Energy Research and Development
(including transfer of funds)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible
and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for
the hire of passenger motor vehicles, the hire, maintenance,
and operation of aircraft, the purchase, repair, and cleaning
of uniforms, the reimbursement to the General Services
Administration for security guard services, and for
conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
$750,000,000, to remain available until expended, of which
$166,000,000 shall be derived by transfer from ``Clean Coal
Technology'': Provided further, That funds appropriated for
prior solicitations under the Clean Coal Technology Program,
Power Plant Improvement Initiative, and Clean Coal Power
Initiative, but not required by the Department to meet its
obligations on projects selected under such solicitations,
may be utilized for the Clean Coal Power Initiative Round III
solicitation under this Act in accordance with the
requirements of this Act rather than the Acts under which the
funds were appropriated: Provided further, That no project
may be selected for which full funding is not available to
provide for the total project: Provided further, That
financial assistance for costs in excess of those estimated
as of the date of award of original Clean Coal Power
Initiative financial assistance may not be provided in excess
of the proportion of costs borne by the Government in the
original agreement and shall be limited to 25 percent of the
original financial assistance: Provided further, That at
least 50 percent cost-sharing shall be required in each
budget period of a project: Provided further, That in
accordance with section 988(e) of Public Law 109-58,
repayment of the DOE contribution to a project shall not be a
condition of making an award under this solicitation:
Provided further, That no part of the sum herein made
available shall be used for the field testing of nuclear
explosives in the recovery of oil and gas: Provided further,
That in this Act and future Acts, up to 4 percent of program
direction funds available to the National Energy Technology
Laboratory may be used to support Department of Energy
activities not included in this Fossil Energy account:
Provided further, That in this Act and future Acts, the
salaries for Federal employees performing research and
development activities at the National Energy Technology
Laboratory can continue to be funded from any appropriate DOE
program accounts: Provided further, That revenues and other
moneys received by or for the account of the Department of
Energy or otherwise generated by sale of products in
connection with projects of the Department appropriated under
the Fossil Energy Research and Development account may be
retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, including the hire of passenger
motor vehicles, $20,472,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve
activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), including the
hire of passenger motor vehicles, the hire, maintenance, and
operation of aircraft, the purchase, repair, and cleaning of
uniforms, and the reimbursement to the General Services
Administration for security guard services, $188,472,000, to
remain available until expended, of which $25,000,000 shall
be provided to carry out new site land acquisition activities
consistent with the budget request.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act,
$12,448,000, to remain available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $96,337,000, to remain
available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or
[[Page H15585]]
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
and the purchase of not to exceed three passenger motor
vehicles for replacement only, $183,937,000, to remain
available until expended: Provided, That $13,000,000 is
appropriated for environmental remediation activities
associated with the Energy Technology and Engineering Center
(ETEC) at the Santa Susana Field Laboratory (SSFL), subject
to the following: (1) the Department shall use a portion of
this funding to enter into an interagency agreement with the
Environmental Protection Agency to conduct a joint
comprehensive radioactive site characterization of Area IV of
the SSFL; (2) the Department shall ensure that all aspects of
the cleanup of radioactive contamination at Area IV of the
SSFL comply fully with the Comprehensive Environmental
Response, Compensation and Liability Act, if applicable; and
(3) the Department shall retain Federal control of ETEC and
it shall not be released for other use until such time as the
Department has complied with actions directed in subsections
(1) and (2).
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic
Energy Act of 1954, as amended, and title X, subtitle A, of
the Energy Policy Act of 1992, $627,876,000, to be derived
from the Fund, to remain available until expended, of which
$20,000,000 shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.
Science
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 30 passenger motor
vehicles for replacement only, $4,055,483,000, to remain
available until expended: Provided, That of the funds made
available in section 130 of division H (Miscellaneous
Appropriations and Offsets) of the Consolidated
Appropriations Act, 2004, Public Law 108-199, as amended by
section 315 of Public Law 109-103, for the Coralville, Iowa,
project, $44,569,000 is rescinded.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended (the ``Act''), including the acquisition
of real property or facility construction or expansion,
$189,000,000, to remain available until expended, and to be
derived from the Nuclear Waste Fund: Provided, That of the
funds made available in this Act for Nuclear Waste Disposal,
$5,000,000 shall be provided to the State of Nevada solely
for expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the Act:
Provided further, That notwithstanding the lack of a written
agreement with the State of Nevada under section 117(c) of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended, not less than $1,000,000 shall be provided to Nye
County, Nevada, for on-site oversight activities under
section 117(d) of that Act: Provided further, That $9,000,000
shall be provided to affected units of local government, as
defined in the Act, to conduct appropriate activities and
participate in licensing activities: Provided further, That
of the $9,000,000 provided, 7.5 percent of the funds provided
shall be made available to affected units of local government
in California with the balance made available to affected
units of local government in Nevada for distribution as
determined by the Nevada units of local government. This
funding shall be provided to affected units of local
government, as defined in the Act, to conduct appropriate
activities and participate in licensing activities. The
Committee requires the entities to certify that within 90
days of the completion of each Federal fiscal year, the
Nevada Division of Emergency Management and the Governor of
the State of Nevada and each of the affected units of local
government shall provide certification to the Department of
Energy that all funds expended from such payments have been
expended for the activities authorized by the Act and this
Act: Provided, That notwithstanding the provisions of
chapters 65 and 75 of title 31, United States Code, the
Department shall have no monitoring, auditing or other
oversight rights or responsibilities over amounts provided to
affected units of local government in this or any previous
year: Provided further, That the funds for the State of
Nevada shall be made available solely to the Nevada Division
of Emergency Management by direct payment and to units of
local government by direct payment: Provided further, That
within 90 days of the completion of each Federal fiscal year,
the Nevada Division of Emergency Management and the Governor
of the State of Nevada and each of the affected units of
local government shall provide certification to the
Department of Energy that all funds expended from such
payments have been expended for activities authorized by the
Act and this Act: Provided further, That failure to provide
such certification shall cause such entity to be prohibited
from any further funding provided for similar activities:
Provided further, That none of the funds herein appropriated
may be: (1) used directly or indirectly to influence
legislative action, except for normal and recognized
executive-legislative communications, on any matter pending
before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for
litigation expenses; or (3) used to support multi-State
efforts or other coalition building activities inconsistent
with the restrictions contained in this Act: Provided
further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the Act,
including but not limited to, any proceeds from the sale of
assets, shall be available without further appropriation and
shall remain available until expended: Provided further, That
no funds provided in this Act or any previous Act may be used
to pursue repayment or collection of funds provided in any
fiscal year to affected units of local government for
oversight activities that had been previously approved by the
Department of Energy, or to withhold payment of any such
funds.
Title 17 Innovative Technology Loan Guarantee Loan Program
For the cost of the guaranteed loans as authorized by
section 1702(b)(2) of the Energy Policy Act of 2005, such
sums as are hereafter derived from amounts received from
borrowers pursuant to section 1702(b)(2) of that Act, to
remain available until September 30, 2009: Provided, That the
source of such payment received from borrowers is not a loan
or other debt obligation that is guaranteed by the Federal
Government: Provided further, That none of the funds made
available in this or prior Acts shall be available for the
execution of a new solicitation with respect to such
guaranteed loans until 45 days after the Department of Energy
has submitted to the Committees on Appropriations a loan
guarantee implementation plan that defines the proposed award
levels and eligible technologies: Provided further, That the
Department shall not deviate from such plan without 45 days
prior notice to the Committees: Provided further, That for
necessary administrative expenses to carry out this Loan
Guarantee program, $5,500,000 is appropriated, to remain
available until expended: Provided further, That fees
collected pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections to
this account, so as to result in a final fiscal year 2008
appropriation from the general fund estimated at not more
than $0.
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, $311,596,000, to remain available
until expended, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same
or greater amount, to remain available until expended:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $161,818,000 in
fiscal year 2008 may be retained and used for operating
expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by
the amount of miscellaneous revenues received during 2008,
and any related appropriated receipt account balances
remaining from prior years' miscellaneous revenues, so as to
result in a final fiscal year 2008 appropriation from the
general fund estimated at not more than $149,778,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $46,480,000, to remain
available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion; $6,355,633,000, to
remain available until expended: Provided, That $38,957,000
is authorized to be appropriated for Project 06-D-140-05
(PED) Uranium Processing Facility, Y-12 Plant, Oak Ridge,
Tennessee: Provided further, That $69,330,000 is authorized
to be appropriated for Project 99-D-141 Pit Disassembly and
Conversion Facility (PDCF), Savannah River Site, South
Carolina: Provided further, That $74,809,000 is authorized to
be appropriated for 04-D-125 Chemistry and Metallurgy
facility replacement project, Los Alamos, New Mexico:
Provided further, That $10,000,000 is authorized to be
appropriated for Ion Beam Laboratory refurbishment, Sandia
National Laboratory, Albuquerque, New Mexico: Provided
further, That $14,846,000 is authorized to be appropriated
for Material Security and Consolidation project, Idaho
National Laboratory, Idaho.
Defense Nuclear Nonproliferation
(INCLUDING RESCISSIONS OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of
[[Page H15586]]
plant and capital equipment and other incidental expenses
necessary for atomic energy defense, defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,673,275,000, to
remain available until expended: Provided, That $50,000,000
of such funds shall be available until expended for the
contribution of the United States to create a low-enriched
uranium stockpile for an International Nuclear Fuel Bank
supply of nuclear fuel for peaceful means under the
International Atomic Energy Agency: Provided further, That
$25,000,000 is authorized to be appropriated for Project 06-
D-180 National Security Laboratory at the Pacific Northwest
National Laboratory, Richland, Washington: Provided further,
That of the funds made available under this heading in
appropriation Acts for fiscal year 2007 and prior fiscal
years for Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication
Facility, Savannah River Site, South Carolina, $115,000,000
are rescinded: Provided further, That of the funds made
available under this heading in appropriation Acts for fiscal
year 2007 and prior fiscal years for Russian Surplus Fissile
Materials Disposition, $57,000,000 are rescinded: Provided
further, That of the funds made available in the first
paragraph under the heading ``Atomic Energy Defense
Activities--Other Defense Activities'' in chapter 2 of title
I of division B of Public Law 105-277 and subsequently
transferred by the Department of Energy to the Defense
Nuclear Nonproliferation program, $150,000,000 are rescinded.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $781,800,000, to remain
available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator
in the National Nuclear Security Administration, including
official reception and representation expenses not to exceed
$12,000, $405,987,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed three passenger motor vehicles for replacement
only, $5,398,573,000, to remain available until expended, of
which $463,000,000 shall be transferred to and deposited in
the ``Uranium Enrichment Decontamination and Decommissioning
Fund''.
Other Defense Activities
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed twelve
passenger motor vehicles for replacement only, $761,290,000,
to remain available until expended: Provided, That of the
funds provided under this heading in Public Law 109-103,
$4,900,000 are transferred to ``Weapons Activities'' for
special nuclear material consolidation activities associated
with safeguards and security.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $201,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
the Lower Granite Dam fish trap, the Kootenai River White
Sturgeon Hatchery, the Nez Perce Tribal Hatchery, Redfish
Lake Sockeye Captive Brood expansion, hatchery production
facilities to supplement Chinook salmon below Chief Joseph
Dam in Washington, Hood River Production Facility, Klickitat
production expansion, Mid-Columbia Coho restoration, and
Yakama Coho restoration, and in addition, for official
reception and representation expenses in an amount not to
exceed $1,500. During fiscal year 2008, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services pursuant to section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southeastern power
area, $6,463,000, to remain available until expended:
Provided, That, notwithstanding the provisions of 31 U.S.C.
3302, beginning in fiscal year 2008 and thereafter, such
funds as are received by the Southeastern Power
Administration from any State, municipality, corporation,
association, firm, district, or individual as advance payment
for work that is associated with Southeastern's Operations
and Maintenance, consistent with that authorized in section 5
of the Flood Control Act of 1944, shall be credited to this
account and be available until expended: Provided further,
That, notwithstanding 31 U.S.C. 3302, up to $48,413,000
collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power
and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the southwestern power
administration, $30,442,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up
to $35,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act to recover
purchase power and wheeling expenses shall be credited to
this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power
and wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, including the
operation, maintenance, and purchase through transfer,
exchange, or sale of one helicopter for replacement only, and
official reception and representation expenses in an amount
not to exceed $1,500; $231,030,000, to remain available until
expended, of which $221,094,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
of the amount herein appropriated, $7,167,000 is for deposit
into the Utah Reclamation Mitigation and Conservation Account
pursuant to title IV of the Reclamation Projects
Authorization and Adjustment Act of 1992: Provided further,
That notwithstanding the provision of 31 U.S.C. 3302, up to
$308,702,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,500,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of
passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $260,425,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed
$260,425,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2008 shall be
retained and used for necessary expenses in this account, and
shall remain available until expended: Provided further, That
the sum herein appropriated from the general fund shall be
reduced as revenues are received during fiscal year 2008 so
as to result in a final fiscal year 2008 appropriation from
the general fund estimated at not more than $0.
GENERAL PROVISIONS, DEPARTMENT OF ENERGY
Sec. 301. Contract Competition. (a) None of the funds in
this or any other appropriations Act for fiscal year 2008 or
any previous fiscal year may be used to make payments for a
noncompetitive management and operating contract, or a
contract for environmental remediation or waste management in
excess of $100,000,000 in annual funding at a current or
former management and operating contract site or facility, or
award a significant extension or expansion to an existing
management and operating contract, or other contract covered
by this section, unless such contract is awarded using
competitive procedures or the Secretary of Energy grants, on
a case-by-case basis, a waiver to allow for such a deviation.
The Secretary may not delegate the authority to grant such a
waiver.
(b) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)
[[Page H15587]]
and includes procedures described in section 303 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) other than a procedure that solicits a proposal
from only one source.
(c) Within 30 days of formally notifying an incumbent
contractor that the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and
Water Development of the Committees on Appropriations of the
House of Representatives and the Senate a report notifying
the Subcommittees of the waiver and setting forth, in
specificity, the substantive reasons why the Secretary
believes the requirement for competition should be waived for
this particular award.
Sec. 302. Unfunded Requests for Proposals. None of the
funds appropriated by this Act may be used to prepare or
initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
Sec. 303. Workforce Restructuring. None of the funds
appropriated by this Act may be used to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161
of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 42 U.S.C. 7274h).
Sec. 304. Section 3161 Assistance. None of the funds
appropriated by this Act may be used to augment the funds
made available for obligation by this Act for severance
payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h)
unless the Department of Energy submits a reprogramming
request to the appropriate congressional committees.
Sec. 305. Unexpended Balances. The unexpended balances of
prior appropriations provided for activities in this Act may
be available to the same appropriation accounts for such
activities established pursuant to this title. Available
balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as
one fund for the same time period as originally enacted.
Sec. 306. Bonneville Power Authority Service Territory.
None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be
used to enter into any agreement to perform energy efficiency
services outside the legally defined Bonneville service
territory, with the exception of services provided
internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in
advance that such services are not available from private
sector businesses.
Sec. 307. User Facilities. When the Department of Energy
makes a user facility available to universities or other
potential users, or seeks input from universities or other
potential users regarding significant characteristics or
equipment in a user facility or a proposed user facility, the
Department shall ensure broad public notice of such
availability or such need for input to universities and other
potential users. When the Department of Energy considers the
participation of a university or other potential user as a
formal partner in the establishment or operation of a user
facility, the Department shall employ full and open
competition in selecting such a partner. For purposes of this
section, the term ``user facility'' includes, but is not
limited to: (1) a user facility as described in section
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
13503(a)(2)); (2) a National Nuclear Security Administration
Defense Programs Technology Deployment Center/User Facility;
and (3) any other Departmental facility designated by the
Department as a user facility.
Sec. 308. Intelligence Activities. Funds appropriated by
this or any other Act, or made available by the transfer of
funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2008 until the enactment of the
Intelligence Authorization Act for fiscal year 2008.
Sec. 309. Laboratory Directed Research and Development. Of
the funds made available by the Department of Energy for
activities at government-owned, contractor-operator operated
laboratories funded in this Act or subsequent Energy and
Water Development Appropriations Acts, the Secretary may
authorize a specific amount, not to exceed 8 percent of such
funds, to be used by such laboratories for laboratory-
directed research and development: Provided, That the
Secretary may also authorize a specific amount not to exceed
4 percent of such funds, to be used by the plant manager of a
covered nuclear weapons production plant or the manager of
the Nevada Site Office for plant or site-directed research
and development: Provided further, That notwithstanding
Department of Energy order 413.2A, dated January 8, 2001,
beginning in fiscal year 2006 and thereafter, all DOE
laboratories may be eligible for laboratory directed research
and development funding.
Sec. 310. Yield Rate. For fiscal year 2008, except as
otherwise provided by law in effect as of the date of this
Act or unless a rate is specifically set by an Act of
Congress thereafter, the Administrators of the Southeastern
Power Administration, the Southwestern Power Administration,
and the Western Area Power Administration, shall use the
``yield'' rate in computing interest during construction and
interest on the unpaid balance of the costs of Federal power
facilities. The yield rate shall be defined as the average
yield during the preceding fiscal year on interest-bearing
marketable securities of the United States which, at the time
the computation is made, have terms of 15 years or more
remaining to maturity.
Sec. 311. Use Permit. The Use Permit granted to the
contractor for activities conducted at the Pacific Northwest
National Laboratory by Agreement DE-GM05-00RL01831 between
the Department of Energy and the contractor shall continue in
effect during the term of the existing Operating Contract and
the extensions or renewals thereof and shall be incorporated
into any future management and operating contract for the
Pacific Northwest National Laboratory and such Use Permit may
not be waived, modified or terminated unless agreed to by
both contractor and the Department of Energy.
Sec. 312. (a) Across-the-Board Rescissions.--There is
hereby rescinded--
(1) from discretionary accounts in this title that contain
congressionally directed projects, an amount equal to 1.6
percent of the budget authority provided for fiscal year 2008
for such projects; and
(2) from all discretionary accounts in this title, an
amount equal to 0.91 percent of the other budget authority
provided for fiscal year 2008.
(b) Definitions.--For purposes of this section:
(1) The term ``congressionally directed project'' means a
congressional earmark or congressionally directed spending
item specified in the list of such earmarks and items for
this division that is included in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) The term ``other budget authority'' means an amount
equal to all discretionary budget authority, less the amount
provided for congressionally directed projects.
(c) Proportionate Application to Other Programs, Projects,
and Activities.--Any rescission made by subsection (a)(2)
shall be applied proportionately--
(1) to each discretionary account; and
(2) within each such account, to each program, project, and
activity (with programs, projects, and activities as
delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account).
(d) Report.--Within 30 days after the date of the enactment
of this section, the Secretary of Energy shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report specifying the account and amount of
each rescission made pursuant to this section.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, not withstanding 40 U.S.C. 14704, and, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal
share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire
of passenger motor vehicles, $73,032,000, to remain available
until expended: Provided, That any congressionally directed
spending shall be taken from within that State's allocation
in the fiscal year in which it is provided.
Defense Nuclear Facilities Safety Board
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $21,909,000, to remain available until
expended.
Delta Regional Authority
Salaries and Expenses
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, as amended, notwithstanding
sections 382C(b)(2), 382F(d), 382M, and 382N of said Act,
$11,685,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $21,800,000, to
remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, including official representation
expenses (not to exceed $25,000), $917,334,000, to remain
available until expended: Provided, That of the amount
appropriated herein, $29,025,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $771,220,000 in fiscal year 2008
shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2008 so as to result in
a final fiscal year 2008 appropriation estimated at not more
than $146,114,000: Provided further, That such funds as are
made available for necessary expenses of the Commission by
this Act or any other Act may be used for lease payments for
additional office space provided by the General Services
Administration for personnel of the U.S. Nuclear Regulatory
Commission as close as reasonably possible to the
Commission's headquarters location in Rockville, Maryland,
and of such square footage and for such lease term, as are
determined by the Commission to be necessary to maintain the
agency's regulatory effectiveness, efficiency, and emergency
response
[[Page H15588]]
capability: Provided further, That notwithstanding any other
provision of law or any prevailing practice, the rental
square foot rate paid for the lease of space for such purpose
shall, to the extent necessary to obtain the space, be based
on the prevailing lease rates in the immediate vicinity of
the Commission's headquarters.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $8,744,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $7,870,000 in fiscal year 2008 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2008 so as to result in a final fiscal year 2008
appropriation estimated at not more than $874,000.
Nuclear Waste Technical Review Board
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,621,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal
Coordinator for Alaska Natural Gas Transportation Projects
pursuant to the Alaska Natural Gas Pipeline Act of 2004,
$2,261,000.
General Provision, Independent Agencies
Sec. 401. Section 2(f)(2) of the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831a(f)(2)) is amended by striking the
phrase ``stipend under paragraph (1)(A)(i)'' and inserting in
lieu thereof ``stipends under paragraph (1)(A)''.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in this Act
or any other appropriation Act.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2008''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2008
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business, $248,360,000, of which not to exceed $10,840,000 is
for executive direction program activities; not to exceed
$9,909,000 is for general counsel program activities; not to
exceed $44,242,000 is for economic policies and programs
activities; not to exceed $29,464,000 is for financial
policies and programs activities; not to exceed $56,775,000
is for terrorism and financial intelligence activities; not
to exceed $18,505,000 is for Treasury-wide management
policies and programs activities; and not to exceed
$78,625,000 is for administration programs activities:
Provided, That the Secretary of the Treasury is authorized to
transfer funds appropriated for any program activity of the
Departmental Offices to any other program activity of the
Departmental Offices upon notification to the House and
Senate Committees on Appropriations: Provided further, That
no appropriation for any program activity shall be increased
or decreased by more than 2 percent by all such transfers:
Provided further, That any change in funding greater than 2
percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That
of the amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2009, is
for information technology modernization requirements; not to
exceed $150,000 is for official reception and representation
expenses; and not to exceed $258,000 is for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury
and to be accounted for solely on his certificate: Provided
further, That of the amount appropriated under this heading,
$5,114,000, to remain available until September 30, 2009, is
for the Treasury-wide Financial Statement Audit and Internal
Control Program, of which such amounts as may be necessary
may be transferred to accounts of the Department's offices
and bureaus to conduct audits: Provided further, That this
transfer authority shall be in addition to any other provided
in this Act: Provided further, That of the amount
appropriated under this heading, $3,000,000, to remain
available until September 30, 2009, is for secure space
requirements: Provided further, That of the amount
appropriated under this heading, $2,300,000, to remain
available until September 30, 2009, is for salary and
benefits for hiring of personnel whose work will require
completion of a security clearance investigation in order to
perform highly classified work to further the activities of
the Office of Terrorism and Financial Intelligence: Provided
further, That of the amount appropriated under this heading,
$2,100,000, to remain available until September 30, 2010, is
to develop and implement programs within the Office of
Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $18,710,000, to remain available
until September 30, 2010: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, not to exceed $2,000,000 for official travel
expenses, including hire of passenger motor vehicles; and not
to exceed $100,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury,
$18,450,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, including purchase (not to exceed 150 for
replacement only for police-type use) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $140,533,000, of
which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000
shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration;
and of which not to exceed $1,500 shall be available for
official reception and representation expenses.
Air Transportation Stabilization Program Account
(including rescission)
Sections 101(a)(1), 102, 104, and 107(2) of the Air
Transportation Safety and System Stabilization Act (title I,
Public Law 107-42) are hereby repealed. All unobligated
balances under this heading are rescinded.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or
without reimbursement, $85,844,000, of which not to exceed
$16,340,000 shall remain available until September 30, 2010;
and of which $8,955,000 shall remain available until
September 30, 2009: Provided, That funds appropriated in this
account may be used to procure personal services contracts.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$234,423,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2010, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $93,515,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement.
United States Mint
United States Mint Public Enterprise Fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2008 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not
exceed $33,200,000.
[[Page H15589]]
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt
issues of the United States, $182,871,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed
$2,000,000 shall remain available until September 30, 2010,
for systems modernization: Provided, That the sum
appropriated herein from the general fund for fiscal year
2008 shall be reduced by not more than $10,000,000 as
definitive security issue fees and Legacy Treasury Direct
Investor Account Maintenance fees are collected, so as to
result in a final fiscal year 2008 appropriation from the
general fund estimated at $172,871,000. In addition, $70,000
to be derived from the Oil Spill Liability Trust Fund to
reimburse the Bureau for administrative and personnel
expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and
Financial Institutions Act of 1994 (Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for ES-3, $94,000,000, to remain available until
September 30, 2009, of which $8,000,000 shall be for
financial assistance, technical assistance, training and
outreach programs designed to benefit Native American, Native
Hawaiian, and Alaskan Native communities and provided
primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and
other suitable providers, and up to $13,500,000 may be used
for administrative expenses, including administration of the
New Markets Tax Credit, up to $7,500,000 may be used for the
cost of direct loans, and up to $250,000 may be used for
administrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed
$16,000,000.
Internal Revenue Service
TAXPAYER SERVICES
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,150,000,000, of which not less than $3,000,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $9,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $8,000,000, to
remain available until September 30, 2009, shall be available
to establish and administer a Community Volunteer Income Tax
Assistance matching grants demonstration program for tax
return preparation assistance, and of which not less than
$177,000,000 shall be available for operating expenses of the
Taxpayer Advocate Service.
ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Internal Revenue Service to
determine and collect owed taxes, to provide legal and
litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal
revenue laws and other financial crimes, to purchase (for
police-type use, not to exceed 850) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $4,780,000,000, of which
not less than $57,252,000 shall be for the Interagency Crime
and Drug Enforcement program: Provided, That up to
$10,000,000 may be transferred as necessary from this account
to the Internal Revenue Service Operations Support
appropriations solely for the purposes of the Interagency
Crime and Drug Enforcement program: Provided further, That
this transfer authority shall be in addition to any other
transfer authority provided in this Act.
OPERATIONS SUPPORT
For necessary expenses of the Internal Revenue Service to
operate and support taxpayer services and enforcement
programs, including rent payments; facilities services;
printing; postage; physical security; headquarters and other
IRS-wide administration activities; research and statistics
of income; telecommunications; information technology
development, enhancement, operations, maintenance, and
security; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner;
$3,680,059,000, of which $75,000,000 shall remain available
until September 30, 2009, for information technology support;
of which not to exceed $1,000,000 shall remain available
until September 30, 2010, for research; of which not less
than $2,000,000 shall be for the Internal Revenue Service
Oversight Board; and of which not to exceed $25,000 shall be
for official reception and representation.
Business Systems Modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $267,090,000, to
remain available until September 30, 2010, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That, with the
exception of labor costs, none of these funds may be
obligated until the Internal Revenue Service submits to the
Committees on Appropriations, and such Committees approve, a
plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the
Office of Management and Budget, including Circular A-11; (2)
complies with the Internal Revenue Service's enterprise
architecture, including the modernization blueprint; (3)
conforms with the Internal Revenue Service's enterprise life
cycle methodology; (4) is approved by the Internal Revenue
Service, the Department of the Treasury, and the Office of
Management and Budget; (5) has been reviewed by the
Government Accountability Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government.
Health Insurance Tax Credit Administration
For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $15,235,000.
Administrative Provisions--Internal Revenue Service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not
to exceed 3 percent of appropriations under the heading
``Enforcement'' may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of
the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with taxpayers, and in cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line
service.
Sec. 105. Section 9503(a) of title 5, United States Code,
is amended by striking ``for a period of 10 years after the
date of enactment of this section'' and inserting ``before
July 23, 2013''.
Sec. 106. Sections 9504(a) and (b), and 9505(a) of title 5,
United States Code, are amended by striking ``For a period of
10 years after the date of enactment of this section'' each
place it occurs and inserting ``Before July 23, 2013''.
Sec. 107. Section 9502(a) of title 5, United States Code,
is amended by striking ``Office of Management and Budget''
and inserting ``Office of Personnel Management''.
Sec. 108. Of the funds made available by this Act for the
Internal Revenue Service, not less than $7,350,000 shall be
available for increasing above fiscal year 2007 levels the
number of full-time equivalent positions and related support
activities performing Automated Collection System functions.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 109. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 110. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and Bureau of the
Public Debt, may be transferred between such appropriations
upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 111. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 112. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
Sec. 113. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 114. The Secretary of the Treasury may transfer funds
from Financial Management
[[Page H15590]]
Services, Salaries and Expenses to Debt Collection Fund as
necessary to cover the costs of debt collection: Provided,
That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt
Collection Fund.
Sec. 115. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``8 years'' and
inserting ``10 years''.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial
Services and the Senate Committee on Banking, Housing, and
Urban Affairs.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; the House Committee on Appropriations; and
the Senate Committee on Appropriations.
Sec. 118. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of
the Treasury's intelligence or intelligence related
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the
enactment of the Intelligence Authorization Act for Fiscal
Year 2008.
Sec. 119. Section 3333(a) of title 31, United States Code,
is amended by deleting paragraph (3) and inserting in lieu
thereof the following:
``(3) The amount of the relief and the amount of any relief
granted to an official or agent of the Department of the
Treasury under 31 U.S.C. 3527, shall be charged to the Check
Forgery Insurance Fund (31 U.S.C. 3343). A recovery or
repayment of a loss for which replacement is made out of the
fund shall be credited to the fund and is available for the
purposes for which the fund was established.''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2008''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to section 1552 of title 31, United States
Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
and not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President; $51,656,000.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $12,814,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each
such amount that is reimbursed, and any accompanying interest
and charges, shall be deposited in the Treasury as
miscellaneous receipts: Provided further, That the Executive
Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that
consists of reimbursable official and ceremonial events, the
amount of such total that consists of reimbursable political
events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the
tracking of expenses related to reimbursable events within
the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House, $1,600,000, to remain
available until expended, for required maintenance, safety
and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,118,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $3,482,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$8,640,000.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. 601 note), $2,000,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$91,745,000, of which $11,923,000 shall remain available
until expended for continued modernization of the information
technology infrastructure within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109 and to carry out the
provisions of chapter 35 of title 44, United States Code,
$78,000,000, of which not to exceed $3,000 shall be available
for official representation expenses: Provided, That, as
provided in 31 U.S.C. 1301(a), appropriations shall be
applied only to the objects for which appropriations were
made and shall be allocated in accordance with the terms and
conditions set forth in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act) except as otherwise provided by law:
Provided further, That none of the funds appropriated in this
Act for the Office of Management and Budget may be used for
the purpose of reviewing any agricultural marketing orders or
any activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further, That
the preceding shall not apply to printed hearings released by
the Committees on Appropriations: Provided further, That none
of the funds provided in this or prior Acts shall be used,
directly or indirectly, by the Office of Management and
Budget, for evaluating or determining if water resource
project or study reports submitted by the Chief of Engineers
acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process:
Provided further, That the Office of Management and Budget
shall have not more than 60 days in which to perform
budgetary policy reviews of water resource matters on which
the Chief of Engineers has reported: Provided further, That
the Director of the Office of Management and Budget shall
notify the appropriate authorizing and appropriating
committees when the 60-day review is initiated: Provided
further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of
Management and Budget review period based on the notification
from the Director,
[[Page H15591]]
Congress shall assume Office of Management and Budget
concurrence with the report and act accordingly.
Office of National Drug Control Policy
Salaries and Expenses
For necessary expenses of the Office of National Drug
Control Policy (ONDCP); for research activities pursuant to
the Office of National Drug Control Policy Reauthorization
Act of 2006 (Public Law 109-469); not to exceed $10,000 for
official reception and representation expenses; and for
participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or
without reimbursement, $26,402,000; of which $250,000 shall
remain available until expended for policy research and
evaluation: Provided, That of the funds provided under this
heading, $1,250,000 shall be allocated for the National
Academy of Public Administration to conduct an independent
study and analysis of ONDCP's organization and management:
Provided further, That within two months after the date of
enactment of this Act, the ONDCP shall contract with the
National Academy of Public Administration for purposes as
described in the previous proviso: Provided further, That the
Office is authorized to accept, hold, administer, and utilize
gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
Counterdrug Technology Assessment Center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469), $1,000,000, which shall remain
available until expended for counternarcotics research and
development projects: Provided, That such amount shall be
available for transfer to other Federal departments or
agencies: Provided further, That the Office of National Drug
Control Policy shall submit for approval by the Committees on
Appropriations of the House of Representatives and the
Senate, a spending plan for the use of these funds no later
than 90 days after enactment of this Act.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $230,000,000, to remain available until September
30, 2009, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas, of which no less than 51 percent
shall be transferred to State and local entities for drug
control activities, which shall be obligated within 120 days
of the date of enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and
departments at a rate to be determined by the Director, of
which not less than $2,100,000 shall be used for auditing
services and associated activities, and up to $400,000 which
shall be for the final year of development and implementation
of a data collection system to measure the performance of the
High Intensity Drug Trafficking Areas Program: Provided
further, That High Intensity Drug Trafficking Areas Programs
designated as of September 30, 2007, shall be funded at no
less than the fiscal year 2007 initial allocation levels
unless the Director submits to the Committees on
Appropriations of the House of Representatives and the
Senate, and the Committees approve, justification for changes
in those levels based on clearly articulated priorities for
the High Intensity Drug Trafficking Areas Programs, as well
as published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That
a request shall be submitted in compliance with the
reprogramming guidelines to the Committees on Appropriations
for approval prior to the obligation of funds of an amount in
excess of the fiscal year 2007 budget request: Provided
further, That the Office of National Drug Control Policy
(ONDCP) shall submit recommendations for approval to the
Committees on Appropriations for both the initial High-
Intensity Drug Trafficking Area (HIDTA) allocation funding
within 90 days after the enactment of this Act and the
discretionary HIDTA funding, according to the framework
proposed jointly by the HIDTA Directors and ONDCP, within 120
days after the enactment of this Act: Provided further, That
within the discretionary funding amount, plans for use of
such funds shall be subject to committee approval: Provided
further, That at least $2,000,000 shall be available for new
counties, not including previously funded counties, with
priority given to meritorious applicants who have submitted
previously and have not been funded.
Other Federal Drug Control Programs
(including transfer of funds)
For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $164,300,000, to remain available until
expended, of which the amounts are available as follows:
$60,000,000 to support a national media campaign: Provided,
That the Office of National Drug Control Policy shall
maintain funding for non-advertising services for the media
campaign at no less than the fiscal year 2003 ratio of
service funding to total funds and shall continue the
corporate outreach program as it operated prior to its
cancellation; $90,000,000 to continue a program of matching
grants to drug-free communities, of which $2,000,000 shall be
made available as directed by section 4 of Public Law 107-82,
as amended by Public Law 109-469 (21 U.S.C. 1521 note);
$500,000 for demonstration programs as authorized by section
1119 of Public Law 109-469; $1,000,000 for the National Drug
Court Institute; $9,600,000 for the United States Anti-Doping
Agency for anti-doping activities; $1,700,000 for the United
States membership dues to the World Anti-Doping Agency;
$1,250,000 for the National Alliance for Model State Drug
Laws; and $250,000 for evaluations and research related to
National Drug Control Program performance measures: Provided
further, That such funds may be transferred to other Federal
departments and agencies to carry out such activities:
Provided further, That of the amounts appropriated for a
national media campaign, not to exceed 10 percent shall be
for administration, advertising production, research and
testing, labor, and related costs of the national media
campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
Special Assistance to the President
Salaries and Expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,432,000.
Official Residence of the Vice President
Operating Expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $320,000: Provided, That
advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of
carrying out such activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
Sec. 201. From funds made available in this Act under the
headings ``White House Office'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisors'', ``National Security
Council'', ``Office of Administration'', ``Office of Policy
Development'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of
the Office of Management and Budget (or such other officer as
the President may designate in writing), may, 15 days after
giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice
President'' without the approval of the Vice President.
Sec. 202. The President shall submit to the Committees on
Appropriations not later than 30 days after the date of the
enactment of this Act, and prior to the initial obligation of
funds appropriated under the heading ``Office of National
Drug Control Policy'', a financial plan on the proposed uses
of all funds under the heading by program, project, and
activity, for which the obligation of funds is anticipated:
Provided, That up to 20 percent of funds appropriated under
this heading may be obligated before the submission of the
report subject to prior approval of the Committees on
Appropriations: Provided further, That the report shall be
updated and submitted to the Committees on Appropriations
every six months and shall include information detailing how
the estimates and assumptions contained in previous reports
have changed: Provided further, That any new projects and
changes in funding of ongoing projects shall be subject to
the prior approval of the Committees on Appropriations.
Sec. 203. Not to exceed 2 percent of any appropriations in
this Act made available to the Office of National Drug
Control Policy may be transferred between appropriated
programs upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations in
this Act made available to the Office of National Drug
Control Policy may be reprogrammed within a program, project
or activity upon the advance approval of the Committees on
Appropriations.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2008''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice,
[[Page H15592]]
not to exceed $10,000 for the purpose of transporting
Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $66,526,000, of which $2,000,000 shall remain
available until expended.
Care of the Building and Grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $12,201,000, which shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
Salaries and Expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $27,072,000.
United States Court of International Trade
Salaries and Expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$16,632,000.
Courts of Appeals, District Courts, and Other Judicial Services
Salaries and Expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,604,762,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $4,099,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
In addition, $14,500,000 shall be available to address
critically understaffed workload associated with increased
immigration enforcement: Provided, That this amount is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
Defender Services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act
of 1964 (18 U.S.C. 3006A); the compensation and reimbursement
of expenses of persons furnishing investigative, expert and
other services under the Criminal Justice Act of 1964 (18
U.S.C. 3006A(e)); the compensation (in accordance with
Criminal Justice Act maximums) and reimbursement of expenses
of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of
guardians ad litem acting on behalf of financially eligible
minor or incompetent offenders in connection with transfers
from the United States to foreign countries with which the
United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d); and for
necessary training and general administrative expenses,
$835,601,000, to remain available until expended.
In addition, $10,500,000 shall be available for the
reimbursement of expenses of attorneys appointed to represent
persons under the Criminal Justice Act of 1964 as a result of
increased immigration enforcement: Provided, That this amount
is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
Fees of Jurors and Commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $63,081,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
Court Security
(including transfers of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $410,000,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
Salaries and Expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $76,036,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
Salaries and Expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $24,187,000; of which
$1,800,000 shall remain available through September 30, 2009,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
Payment to Judiciary Trust Funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $59,400,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$2,300,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$3,700,000.
United States Sentencing Commission
Salaries and Expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$15,477,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under sections 605 and
610 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Within 90 days after the date of the enactment of
this Act, the Administrative Office of the U.S. Courts shall
submit to the Committees on Appropriations a comprehensive
financial plan for the Judiciary allocating all sources of
available funds including appropriations, fee collections,
and carryover balances, to include a separate and detailed
plan for the Judiciary Information Technology fund.
Sec. 305. Pursuant to section 140 of Public Law 97-92, and
from funds appropriated in this Act, Justices and judges of
the United States are authorized during fiscal year 2008, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 306. Section 3313(a) of title 40, United States Code,
shall be applied by substituting ``executive'' for
``federal'' each place it appears.
Sec. 307. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 308. Section 128(b) of title 28, United States Code,
is amended by striking ``Bellingham, Seattle, and Tacoma''
and inserting ``Bellingham, Seattle, Tacoma, and Vancouver''.
Sec. 309. Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``16 years'' and inserting ``17 years'';
(2) in the sixth sentence (relating to the Northern
District of Ohio), by striking ``15 years'' and inserting
``17 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2008''.
[[Page H15593]]
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $33,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That the Office of
the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the
House of Representatives and Senate for these funds showing,
by object class, the expenditures made and the purpose
therefor.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$3,352,000, to remain available until expended; of which
$3,000,000 is to reimburse the District of Columbia for the
costs of providing public safety at events related to the
presence of the national capital in the District of Columbia
and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the
District of Columbia or surrounding jurisdictions; and
$352,000 is for the District of Columbia National Guard
retention and college access program: Provided, That any
amount provided under this heading shall be available only
after such amount has been apportioned pursuant to chapter 15
of title 31, United States Code.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia
Courts, $223,920,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $10,800,000, of which
not to exceed $1,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $98,359,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the
District of Columbia Court System, $52,170,000, of which not
to exceed $1,500 is for official reception and representation
expenses; and $62,591,000, to remain available until
September 30, 2009, for capital improvements for District of
Columbia courthouse facilities, including structural
improvements to the District of Columbia cell block at the
Moultrie Courthouse: Provided, That notwithstanding any other
provision of law, a single contract or related contracts for
development and construction of facilities may be employed
which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall
contain the clause ``availability of Funds'' found at 48 CFR
52.232-18: Provided further, That funds made available for
capital improvements shall be expended consistent with the
General Services Administration (GSA) master plan study and
building evaluation report: Provided further, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of
other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the GSA, and such
services shall include the preparation of monthly financial
reports, copies of which shall be submitted directly by GSA
to the President and to the Committees on Appropriations of
the House of Representatives and Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate: Provided further, That 30
days after providing written notice to the Committees on
Appropriations of the House of Representatives and Senate,
the District of Columbia Courts may reallocate not more than
$1,000,000 of the funds provided under this heading among the
items and entities funded under this heading for operations,
and not more than 4 percent of the funds provided under this
heading for facilities.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance and such
other services as are necessary to improve the quality of
guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Code, and payments for counsel authorized under
section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $47,975,000, to remain available until
expended: Provided, That the funds provided in this Act under
the heading ``Federal Payment to the District of Columbia
Courts'' (other than the $62,591,000 provided under such
heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under
this heading: Provided further, That in addition to the funds
provided under this heading, the Joint Committee on Judicial
Administration in the District of Columbia may use funds
provided in this Act under the heading ``Federal Payment to
the District of Columbia Courts'' (other than the $62,591,000
provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments
described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
further, That notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for expenses of other
Federal agencies, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the
preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to
the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $190,343,000, of which
not to exceed $2,000 is for official receptions and
representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which not to
exceed $400,000 for the Community Supervision Program and
$160,000 for the Pretrial Services Program, both to remain
available until September 30, 2009, are for information
technology infrastructure enhancement acquisitions; of which
$140,499,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons; of which $49,894,000 shall be available to
the Pretrial Services Agency: Provided, That notwithstanding
any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That not less than $1,000,000
shall be available for re-entrant housing in the District of
Columbia: Provided further, That the Director is authorized
to accept and use gifts in the form of in-kind contributions
of space and hospitality to support offender and defendant
programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That the Director shall keep accurate and detailed records of
the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for
audit and public inspection: Provided further, That the Court
Services and Offender Supervision Agency Director is
authorized to accept and use reimbursement from the District
of Columbia Government for space and services provided on a
cost reimbursable basis.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE-
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$32,710,000: Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a match of
$6,000,000 and the District of Columbia provides a match of
$2,000,000 in local funds for this payment.
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to remain
[[Page H15594]]
available until expended, to support initiatives related to
the coordination of Federal and local criminal justice
resources in the District of Columbia.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $5,453,000: Provided,
That each entity that receives funding under this heading
shall submit to the Office of the Chief Financial Officer of
the District of Columbia (CFO) a report on the activities to
be carried out with such funds no later than March 15, 2008,
and the CFO shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives
and the Senate no later than June 1, 2008.
Federal Payment for School Improvement
For a Federal payment for a school improvement program in
the District of Columbia, $40,800,000, to be allocated as
follows: for the District of Columbia Public Schools,
$13,000,000 to improve public school education in the
District of Columbia; for the State Education Office,
$13,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for
the Secretary of the Department of Education, $14,800,000 to
provide opportunity scholarships for students in the District
of Columbia in accordance with division C, title III of the
District of Columbia Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 126), of which up to $1,800,000 may be
used to administer and fund assessments.
Federal Payment for Consolidated Laboratory Facility
For a Federal payment to the District of Columbia,
$5,000,000, to remain available until September 30, 2009, for
costs associated with the construction of a consolidated
bioterrorism and forensics laboratory: Provided, That the
District of Columbia provides a 100 percent match for this
payment.
FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS
For a Federal payment to the District of Columbia,
$9,000,000, to remain available until expended, for the
Federal contribution for costs associated with the renovation
and rehabilitation of District libraries.
Federal Payment to Reimburse the Federal Bureau of Investigation
For a Federal payment to the District of Columbia,
$4,000,000, to remain available until September 30, 2010, for
reimbursement to the Federal Bureau of Investigation for
additional laboratory services.
FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE MAYOR OF THE DISTRICT OF
COLUMBIA
For a Federal payment to the Executive Office of the Mayor
of the District of Columbia, $5,000,000: Provided, That these
funds shall be available to support the District's efforts to
enhance the public education system, to improve environmental
quality, to expand pediatric healthcare services and for
historic preservation: Provided further, That no funds shall
be expended until the Mayor of the District of Columbia
submits a detailed expenditure plan, including performance
measures, to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
District submit a preliminary progress report on activities
no later than June 1, 2008, and a final report including a
detailed description of outcomes achieved no later than
November 1, 2009.
District of Columbia Funds
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision
of law, except as provided in section 450A of the District of
Columbia Home Rule Act, approved November 2, 2000 (114 Stat.
2440; D.C. Official Code, 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 $9,773,775,000 (of which $6,111,623,000
(including $348,929,000 from dedicated taxes) shall be from
local funds, $2,015,854,000 shall be from Federal grant
funds, $1,637,736,000 shall be from other funds, and
$8,562,000 shall be from private funds), in addition,
$114,905,000 from funds previously appropriated in this Act
as Federal payments: Provided further, That of the local
funds, $339,989,000 shall be derived from the District's
general fund balance: Provided further, That of these funds
the District's intradistrict authority shall be $648,290,000:
in addition for capital construction projects there is
appropriated an increase of $1,607,703,000, of which
$1,042,712,000 shall be from local funds, $38,523,000 from
the District of Columbia Highway Trust Fund, $73,260,000 from
the Local Street Maintenance fund, $75,000,000 from revenue
bonds, $150,000,000 from financing for construction of a
consolidated laboratory facility, $42,200,000 for
construction of a baseball stadium, $186,008,000 from Federal
grant funds, and a rescission of $212,696,000 from local
funds appropriated under this heading in prior fiscal years,
for a net amount of $1,395,007,000, to remain available until
expended: Provided further, That the amounts provided under
this heading are to be subject to the provisions of and
allocated and expended as proposed under ``Title III--
District of Columbia Funds Summary of Expenses'' of the
Fiscal Year 2008 Proposed Budget and Financial Plan submitted
to the Congress of the United States by the District of
Columbia on June 7, 2007 as amended on June 29, 2007 and such
title is hereby incorporated by reference as though set forth
fully herein: Provided further, That this amount may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act approved December 24, 1973 (87 Stat.
777; D.C. Official Code Sec. 1-201.01 et seq.), as amended by
this Act: Provided further, That the Chief Financial Officer
of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made
available to the District during fiscal year 2008, except
that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2008''.
TITLE V
INDEPENDENT AGENCIES
Consumer Product Safety Commission
Salaries and Expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $1,000 for official
reception and representation expenses, $80,000,000.
Election Assistance Commission
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002, $16,530,000, of which $3,250,000 shall be
transferred to the National Institute of Standards and
Technology for election reform activities authorized under
the Help America Vote Act of 2002: Provided, That $200,000
shall be for a competitive grant program to support community
involvement in student and parent mock elections.
election reform programs
For necessary expenses to carry out programs under the Help
America Vote Act of 2002 (Public Law 107-252), $115,000,000
which shall be available for requirements payments under part
1 of subtitle D of title II of such Act.
ELECTION DATA COLLECTION GRANTS
For necessary expenses to carry out an election data
collection grants program under section 501 of this Act,
$10,000,000, which shall remain available until expended.
Administrative Provision--Election Assistance Commission
Sec. 501. (a) Election Data Collection Grants.--Not later
than March 30, 2008, the Election Assistance Commission (in
this section referred to as the ``Commission'') shall
establish an election data collection grant program (in this
section referred to as the ``program'') to provide a grant of
$2,000,000 to 5 eligible States to improve the collection of
data relating to the regularly scheduled general election for
Federal office held in November 2008. For purposes of this
section, the term ``State'' has the meaning given such term
in section 901 of the Help America Vote Act of 2002 (42
U.S.C. 15541).
(b) Eligibility.--A State is eligible to receive a grant
under the program if it submits to the Commission, at such
time and in such form as the Commission may require, an
application containing the following information and
assurances:
(1) A plan for the use of the funds provided by the grant
which will expand and improve the collection of the election
data described in subsection (a) at the precinct level and
will provide for the collection of such data in a common
electronic format (as determined by the Commission).
(2) An assurance that the State will comply with all
requests made by the Commission for the compilation and
submission of the data.
(3) An assurance that the State will provide the Commission
with such information as the Commission may require to
prepare and submit the report described in subsection (d).
(4) Such other information and assurances as the Commission
may require.
(c) Timing of Grants; Availability.--
(1) Timing.--The Commission shall award grants under the
program to eligible States not later than 60 days after the
date on which the Commission establishes the program.
(2) Availability of funds.--Amounts provided by a grant
under the program shall remain available without fiscal year
limitation until expended.
(d) Report to Congress.--
(1) Report.--Not later than June 30, 2009, the Commission,
in consultation with the States receiving grants under the
program and the Election Assistance Commission Board of
Advisors, shall submit a report to Congress on the impact of
the program on the collection of the election data described
in subsection (a).
(2) Recommendations.--The Commission shall include in the
report submitted under paragraph (1) such recommendations as
the Commission considers appropriate to improve the
collection of data relating to regularly scheduled general
elections for Federal office in all States, including
recommendations for changes in Federal law or regulations and
the Commission's estimate of the amount of funding necessary
to carry out such changes.
Federal Communications Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as
[[Page H15595]]
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for
official reception and representation expenses; purchase and
hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $313,000,000: Provided, That
$312,000,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 2008 so as to
result in a final fiscal year 2008 appropriation estimated at
$1,000,000: Provided further, That any offsetting collections
received in excess of $312,000,000 in fiscal year 2008 shall
not be available for obligation: Provided further, That
remaining offsetting collections from prior years collected
in excess of the amount specified for collection in each such
year and otherwise becoming available on October 1, 2007,
shall not be available for obligation: Provided further, That
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use
of a competitive bidding system that may be retained and made
available for obligation shall not exceed $85,000,000 for
fiscal year 2008: Provided further, That, in addition, not to
exceed $21,480,000 may be transferred from the Universal
Service Fund in fiscal year 2008 to remain available until
expended, to monitor the Universal Service Fund program to
prevent and remedy waste, fraud and abuse, and to conduct
audits and investigations by the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2007'', each place it appears and
inserting ``December 31, 2008''.
Sec. 511. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $26,848,000, to be derived from the Deposit
Insurance Fund and the FSLIC Resolution Fund.
Federal Election Commission
Salaries and Expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $59,224,000, of which
no less than $8,100,000 shall be available for internal
automated data processing systems, and of which not to exceed
$5,000 shall be available for reception and representation
expenses.
Federal Labor Relations Authority
Salaries and Expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and rental of conference rooms in the
District of Columbia and elsewhere, $23,641,000: Provided,
That public members of the Federal Service Impasses Panel may
be paid travel expenses and per diem in lieu of subsistence
as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with
this account, to be available without further appropriation
for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$243,864,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $139,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $23,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2008, so as to result in a final fiscal year 2008
appropriation from the general fund estimated at not more
than $81,864,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
Real Property Activities
Federal Buildings Fund
limitations on availability of revenue
For an additional amount to be deposited in the Federal
Buildings Fund, $83,964,000. To carry out the purposes of the
Fund established pursuant to section 210(f) of the Federal
Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 592), the revenues and collections deposited into
the Fund shall be available for necessary expenses of real
property management and related activities not otherwise
provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased
premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally
owned buildings including grounds, approaches and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,830,414,000,
of which: (1)(A) $306,448,000 shall remain available until
expended for construction (including funds for sites and
expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
California:
San Ysidro, Land Port of Entry, $37,742,000.
Illinois:
Rockford, United States Courthouse, $58,792,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $57,749,000.
Minnesota:
Warroad, Land Port of Entry, $43,628,000.
Missouri:
Jefferson City, United States Courthouse, $66,000,000.
Vermont:
Derby Line, Land Port of Entry, $33,139,000.
Nonprospectus Construction, $9,398,000; and
(B) $225,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated Act) and
shall remain available until expended for construction
(including funds for sites and expenses and associated design
and construction services) of additional projects at the
following locations:
Arizona:
San Luis, Land Port of Entry I, $7,053,000.
California:
San Ysidro, Land Port of Entry, $161,437,000.
Maine:
Madawaska, Land Port of Entry, $17,160,000.
New York:
Alexandria Bay, Land Port of Entry, $11,676,000.
Texas:
El Paso, Tornillo-Guadalupe, Land Port of Entry,
$4,290,000.
Donna/Rio Bravo International Bridge, Land Port of Entry,
$23,384,000:
Provided, That, notwithstanding any other provision of law,
the Administrator of General Services is authorized to
proceed with necessary site acquisition, design, and
construction for the new courthouse project in Rockford,
Illinois, listed in Public Law 109-115 and for which funds
have been appropriated under this or any other Acts, with the
understanding that the total estimated cost of the project,
exclusive of any permitted escalations, shall be
$100,225,000: Provided further, That each of the foregoing
limits of costs on new construction projects may be exceeded
to the extent that savings are 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) $722,161,000 shall remain available until
expended for repairs and alterations, which includes
associated design and construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, Phase III,
$121,204,000.
Joint Operations Center, $12,800,000.
Nebraska Avenue Complex, $27,673,000.
Nevada:
Reno, C. Clifton Young Federal Building and Courthouse,
$12,793,000.
New York:
New York, Thurgood Marshall United States Courthouse,
$170,544,000.
West Virginia:
Martinsburg Internal Revenue Service Enterprise Computing
Center, $35,822,000.
Special Emphasis Programs:
Energy Program, $15,000,000.
Design Program, $7,372,000.
Basic Repairs and Alterations, $318,953,000:
Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for
[[Page H15596]]
prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act
may be increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
prior Act for ``Repairs and Alterations'' may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That
the difference between the funds appropriated and expended on
any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to Basic
Repairs and Alterations or used to fund authorized increases
in prospectus projects: Provided further, That all funds for
repairs and alterations prospectus projects shall expire on
September 30, 2009 and remain in the Federal Buildings Fund
except funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to
such date: Provided further, That the amount provided in this
or any prior Act for Basic Repairs and Alterations may be
used to pay claims against the Government arising from any
projects under the heading ``Repairs and Alterations'' or
used to fund authorized increases in prospectus projects; (3)
$155,781,000 for installment acquisition payments, including
payments on purchase contracts which shall remain available
until expended; (4) $4,315,534,000 for rental of space which
shall remain available until expended; and (5) $2,105,490,000
for building operations which shall remain available until
expended, of which up to $500,000 may be used as Federal
competitive contributions to entities which coordinate long-
term siting of Federal building and employment in the
National Capital Region with State and local governments, the
commercial sector and other major stakeholders in the region:
Provided further, That funds available to the General
Services Administration shall not be available for expenses
of any construction, repair, alteration and acquisition
project for which a prospectus, if required by the Public
Buildings Act of 1959, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when
advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
section 210(f)(6) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 592(b)(2)) and amounts to
provide such reimbursable fencing, lighting, guard booths,
and other facilities on private or other property not in
Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be
available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 2008, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
592(b)(2)) in excess of the aggregate new obligational
authority authorized for Real Property Activities of the
Federal Buildings Fund in this Act shall remain in the Fund
and shall not be available for expenditure except as
authorized in appropriations Acts.
General Activities
Government-wide Policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services as authorized by
5 U.S.C. 3109; $52,891,000.
Operating Expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; providing Internet access to Federal information
and services; agency-wide policy direction and management,
and Board of Contract Appeals; accounting, records
management, and other support services incident to
adjudication of Indian Tribal Claims by the United States
Court of Federal Claims; services as authorized by 5 U.S.C.
3109; and not to exceed $7,500 for official reception and
representation expenses, $85,870,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $48,382,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
Electronic Government Fund
(including transfer of funds)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods, $3,000,000, to remain available
until expended: Provided, That these funds may be transferred
to Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: Provided further, That such transfers may not be made
until 10 days after a proposed spending plan and explanation
for each project to be undertaken has been submitted to the
Committees on Appropriations.
Allowances and Office Staff for Former Presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $2,478,000:
Provided, That the Administrator of General Services shall
transfer to the Secretary of the Treasury such sums as may be
necessary to carry out the provisions of such Acts.
Federal Citizen Information Center Fund
For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$17,328,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to
exceed $42,000,000. Appropriations, revenues, and collections
accruing to this Fund during fiscal year 2008 in excess of
such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in
appropriations Acts.
Administrative Provisions--General Services Administration
(including transfers of funds)
Sec. 520. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep,
repair, and improvement, included as part of rentals received
from Government corporations pursuant to law (40 U.S.C. 129).
Sec. 521. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 522. Funds in the Federal Buildings Fund made
available for fiscal year 2008 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 523. Except as otherwise provided in this title, no
funds made available by this Act shall be used to transmit a
fiscal year 2009 request for United States Courthouse
construction that: (1) does not meet the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
and (2) does not reflect the priorities of the Judicial
Conference of the United States as set out in its approved 5-
year construction plan: Provided, That the fiscal year 2009
request must be accompanied by a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 524. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 525. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 526. No funds shall be used by the General Services
Administration to reorganize its organizational structure
without approval by the House and Senate Committees on
Appropriations through an operating plan change.
Sec. 527. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of General Services under section 3307 of
title 40, United States Code, the Administrator shall ensure
that the delineated area of procurement is identical to the
delineated area included in the prospectus for all lease
agreements, except that, if the Administrator determines that
the delineated area of the procurement should not be
identical to the delineated area included in the prospectus,
the Administrator shall provide an explanatory statement to
each of such committees and the House and Senate Committees
on Appropriations prior to exercising any lease authority
provided in the resolution.
Merit Systems Protection Board
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant
[[Page H15597]]
to Reorganization Plan Numbered 2 of 1978, the Civil Service
Reform Act of 1978, and the Whistleblower Protection Act of
1989 (5 U.S.C. 5509 note), including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles,
direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$37,507,000 together with not to exceed $2,579,000 for
administrative expenses to adjudicate retirement appeals to
be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Trust Fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act
of 1992 (20 U.S.C. 5601 et seq.), $3,750,000, to remain
available until expended, of which up to $50,000 shall be
used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-
289) notwithstanding sections 8 and 9 of Public Law 102-259:
Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.
Environmental Dispute Resolution Fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $2,000,000, to remain
available until expended.
National Archives and Records Administration
Operating Expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration (including the Information Security Oversight
Office) and archived Federal records and related activities,
as provided by law, and for expenses necessary for the review
and declassification of documents and the activities of the
Public Interest Declassification Board, and for the hire of
passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901 et seq.),
including maintenance, repairs, and cleaning, $315,000,000.
Electronic Records Archives
For necessary expenses in connection with the development
of the electronic records archives, to include all direct
project costs associated with research, analysis, design,
development, and program management, $58,028,000 of which
$38,315,000 shall remain available until September 30, 2009:
Provided, That none of the multi-year funds may be obligated
until the National Archives and Records Administration
submits to the Committees on Appropriations, and such
Committees approve, a plan for expenditure that: (1) meets
the capital planning and investment control review
requirements established by the Office of Management and
Budget, including Circular A-11; (2) complies with the
National Archives and Records Administration's enterprise
architecture; (3) conforms with the National Archives and
Records Administration's enterprise life cycle methodology;
(4) is approved by the National Archives and Records
Administration and the Office of Management and Budget; (5)
has been reviewed by the Government Accountability Office;
and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.
Repairs and Restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$28,605,000, to remain available until expended: Provided,
That the Archivist is authorized to construct an addition to
the John F. Kennedy Presidential Library and Museum on land,
adjacent to the existing Library and Museum property, to be
acquired from the Commonwealth of Massachusetts or the
University of Massachusetts or some other governmental
authority thereof; and of the funds provided, $8,000,000
shall be used for acquiring the land for the Kennedy Library
Addition, the first phase of construction, related services
for building the addition to the Library, and other necessary
expenses, including renovating the Library as needed in
constructing the addition; $750,000 to complete design work
on the renovation of the Franklin D. Roosevelt Presidential
Library and Museum; $7,432,000 to construct an addition to
the Richard Nixon Presidential Library and Museum; and
$3,760,000 is for the repair and restoration of the plaza
that surrounds the Lyndon Baines Johnson Presidential Library
and Museum that is under the joint control and custody of the
University of Texas: Provided further, That such funds shall
remain available until expended for this purpose and may be
transferred directly to the University and used, together
with University funds, for the repair and restoration of the
plaza: Provided further, That such funds shall be spent in
accordance with the construction plan submitted to the
Committees on Appropriations on March 14, 2005: Provided
further, That the Archivist shall be prohibited from entering
into any agreement with the University or any other party
that requires additional funding commitments on behalf of the
Federal Government for this project.
National Historical Publications and Records Commission
GRANTS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $9,500,000, to remain available until expended:
Provided, That of the funds provided in this paragraph,
$2,000,000 shall be transferred to the operating expenses
account of the National Archives and Records Administration
for operating expenses of the National Historical
Publications and Records Commission.
ADMINISTRATIVE PROVISION--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
The National Archives and Records Administration shall
include in its fiscal year 2009 budget justifications a
comprehensive capital needs assessment for funding provided
under the ``Repairs and Restoration'' appropriations account:
Provided, That funds proposed under the ``Repairs and
Restoration'' appropriations account for fiscal year 2009
shall be allocated to projects on a priority basis
established under a comprehensive capital needs assessment.
National Credit Union Administration
central liquidity facility
During fiscal year 2008, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2008 shall not exceed $329,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $975,000
shall be available until September 30, 2009 for technical
assistance to low-income designated credit unions.
Office of Government Ethics
Salaries and Expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, and the Ethics Reform Act of 1989, including
services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of
passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses, $11,750,000.
Office of Personnel Management
Salaries and Expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight
at his or her post of duty, $101,765,000, of which $5,991,000
shall remain available until expended for the Enterprise
Human Resources Integration project; $1,351,000 shall remain
available until expended for the Human Resources Line of
Business project; $340,000 shall remain available until
expended for the E-Payroll project; and $170,000 shall remain
available until expended for the E-Training program; and in
addition $123,901,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office of
Personnel Management without regard to other statutes,
including direct procurement of printed materials, for the
retirement and insurance programs, of which $26,965,000 shall
remain available until expended for the cost of automating
the retirement recordkeeping systems: Provided, That the
provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of
the Legal Examining Unit of the Office of Personnel
Management established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2008, accept
donations of money, property, and personal services: Provided
further, That such donations, including those from prior
years, may be used for the development of publicity materials
to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $1,519,000, and in
addition, not to exceed $17,081,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management,
[[Page H15598]]
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), such sums as may be necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may
be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, and the
Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter be
paid out of the Civil Service Retirement and Disability Fund.
Office of Special Counsel
Salaries and Expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12), Public Law 107-304, and the Uniformed Services
Employment and Reemployment Act of 1994 (Public Law 103-353),
including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $17,468,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$906,000,000, to remain available until expended; of which
not to exceed $20,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted
by the Commission with foreign governmental and other
regulatory officials, members of their delegations,
appropriate representatives and staff to exchange views
concerning developments relating to securities matters,
development and implementation of cooperation agreements
concerning securities matters and provision of technical
assistance for the development of foreign securities markets,
such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff
and foreign invitees in attendance at such consultations and
meetings including: (1) such incidental expenses as meals
taken in the course of such attendance; (2) any travel and
transportation to or from such meetings; and (3) any other
related lodging or subsistence: Provided, That fees and
charges authorized by sections 6(b) of the Securities
Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and
31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e),
78n(g), and 78ee), shall be credited to this account as
offsetting collections: Provided further, That not to exceed
$842,738,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account: Provided further, That $63,262,000 shall be derived
from prior year unobligated balances from funds previously
appropriated to the Securities and Exchange Commission:
Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2008 shall
be reduced as such offsetting fees are received so as to
result in a final total fiscal year 2008 appropriation from
the general fund estimated at not more than $0.
Selective Service System
Salaries and Expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $22,000,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
108-447, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$344,123,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan program
activities, including fees authorized by section 5(b) of the
Small Business Act: Provided further, That, notwithstanding
31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That $97,120,000 shall be
available to fund grants for performance in fiscal year 2008
or fiscal year 2009 as authorized.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $15,000,000.
surety bond guarantees revolving fund
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment
Act of 1958, $3,000,000, to remain available until expended.
business loans program account
(including transfers of funds)
For the cost of direct loans, $2,000,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2008
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year
2008 commitments for general business loans authorized under
section 7(a) of the Small Business Act, shall not exceed
$17,500,000,000: Provided further, That during fiscal year
2008 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958,
shall not exceed $3,000,000,000: Provided further, That
during fiscal year 2008, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $12,000,000,000. In
addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $135,414,000, which may be
transferred to and merged with the appropriations for
Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 610 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 531. All disaster loans issued in Alaska or North
Dakota shall be administered by the Small Business
Administration and shall not be sold during fiscal year 2008.
Sec. 532. (a) Funds made available under section 613 of
Public Law 109-108 (119 Stat. 2338) for Nevada's Commission
on Economic Development shall be made available to the Nevada
Center for Entrepreneurship and Technology (CET).
(b) Funds made available under section 613 of Public Law
109-108 for the Chattanooga Enterprise Center shall be made
available to the University of Tennessee at Chattanooga.
Sec. 533. Public Law 110-28 (121 Stat. 155) is amended in
the second paragraph of chapter 4 of title IV by inserting
before ``$25,000,000'' the phrase ``up to''.
Sec. 534. For an additional amount under the heading
``Small Business Administration, Salaries and Expenses'',
$69,451,000, to remain available until September 30, 2009,
shall be for initiatives related to small business
development and entrepreneurship, including programmatic and
construction activities: Provided, That amounts made
available under this section shall be provided in accordance
with the terms and conditions as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
United States Postal Service
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$117,864,000, of which $88,864,000 shall not be available for
obligation until October 1, 2008: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural
delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, That none of the
funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year
2008.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $45,326,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
[[Page H15599]]
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. Such sums as may be necessary for fiscal year
2008 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 602. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 603. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 604. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 605. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 606. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 607. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 608. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 609. No funds appropriated or otherwise made available
under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 610. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) creates
or reorganizes offices, programs, or activities unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That prior to any significant
reorganization or restructuring of offices, programs, or
activities, each agency or entity funded in this Act shall
consult with the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That not
later than 60 days after the date of enactment of this Act,
each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House
of Representatives to establish the baseline for application
of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include:
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 611. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2008 from appropriations
made available for salaries and expenses for fiscal year 2008
in this Act, shall remain available through September 30,
2009, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees
on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be
made in compliance with reprogramming guidelines.
Sec. 612. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 613. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 614. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 615. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 616. The provision of section 615 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 617. Notwithstanding any other provision of law, for
fiscal years 2008 and 2009, neither the Board of Governors of
the Federal Reserve System nor the Secretary of the Treasury
may determine, by rule, regulation, order, or otherwise, for
the purposes of section 4(K) of the Bank Holding Company Act
of 1956, or section 5136A of the Revised Statutes of the
United States, that real estate brokerage activity or real
estate management activity (which for purposes of this
paragraph shall be defined to mean ``real estate brokerage''
and ``property management'' respectively, as those terms were
understood by the Federal Reserve Board prior to March 11,
2000) is an activity that is financial in nature, is
incidental to any financial activity, or is complementary to
a financial activity. For purposes of this paragraph, ``real
estate brokerage activity'' shall mean ``real estate
brokerage'', and ``real estate management activity'' shall
mean ``property management'' as those terms were understood
by the Federal Reserve Board prior to March 11, 2000.
Sec. 618. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in the Buy American Act (41 U.S.C. 10a et seq.), shall
not apply to the acquisition by the Federal Government of
information technology (as defined in section 11101 of title
40, United States Code), that is a commercial item (as
defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
Sec. 619. Notwithstanding section 10(b) of the Harry S
Truman Memorial Scholarship Act (20 U.S.C. 2009(b)),
hereafter, at the request of the Board of Trustees of the
Harry S Truman Scholarship Foundation, it shall be the duty
of the Secretary of the Treasury to invest in full the
amounts appropriated and contributed to the Harry S Truman
Memorial Scholarship Trust Fund, as provided in such section.
All requests of the Board of Trustees to the Secretary
provided for in this section shall be binding on the
Secretary.
Sec. 620. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization exempt from
taxation pursuant to section 501(c)(3) of the Internal
Revenue Code of 1986.
Sec. 621. None of the funds made available by this Act may
be used by the Federal Communications Commission to implement
the Fairness Doctrine, as repealed in General Fairness
Doctrine Obligations of Broadcast Licensees (50 Fed. Reg.
35418 (1985)), or any other regulations having the same
substance.
Sec. 622. Section 5112 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(r) Redesign and Issuance of Circulating Quarter Dollar
Honoring the District of Columbia and Each of the
Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth sentence of
subsection (d)(1) and subsection (d)(2) and subject to
paragraph (6)(B), quarter dollar coins issued during 2009,
shall have designs on the reverse side selected in accordance
with this subsection which are emblematic of the District of
Columbia and the territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection
[[Page H15600]]
(d)(1), the Secretary may select a design for quarter dollars
issued during 2009 in which--
``(i) the inscription described in the second sentence of
subsection (d)(1) appears on the reverse side of any such
quarter dollars; and
``(ii) any inscription described in the third sentence of
subsection (d)(1) or the designation of the value of the coin
appears on the obverse side of any such quarter dollars.
``(2) Single district or territory design.--The design on
the reverse side of each quarter dollar issued during 2009
shall be emblematic of one of the following: The District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6 designs required under
this subsection for quarter dollars shall be--
``(i) selected by the Secretary after consultation with--
``(I) the chief executive of the District of Columbia or
the territory being honored, or such other officials or group
as the chief executive officer of the District of Columbia or
the territory may designate for such purpose; and
``(II) the Commission of Fine Arts; and
``(ii) reviewed by the Citizens Coinage Advisory Committee.
``(B) Selection and approval process.--Designs for quarter
dollars may be submitted in accordance with the design
selection and approval process developed by the Secretary in
the sole discretion of the Secretary.
``(C) Participation.--The Secretary may include
participation by District or territorial officials, artists
from the District of Columbia or the territory, engravers of
the United States Mint, and members of the general public.
``(D) Standards.--Because it is important that the Nation's
coinage and currency bear dignified designs of which the
citizens of the United States can be proud, the Secretary
shall not select any frivolous or inappropriate design for
any quarter dollar minted under this subsection.
``(E) Prohibition on certain representations.--No head and
shoulders portrait or bust of any person, living or dead, and
no portrait of a living person may be included in the design
of any quarter dollar under this subsection.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this
subsection shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may mint and issue
such number of quarter dollars of each design selected under
paragraph (4) in uncirculated and proof qualities as the
Secretary determines to be appropriate.
``(B) Silver coins.--Notwithstanding subsection (b), the
Secretary may mint and issue such number of quarter dollars
of each design selected under paragraph (4) as the Secretary
determines to be appropriate, with a content of 90 percent
silver and 10 percent copper.
``(C) Timing and order of issuance.--Coins minted under
this subsection honoring the District of Columbia and each of
the territories shall be issued in equal sequential intervals
during 2009 in the following order: the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a state.--If the
District of Columbia or any territory becomes a State before
the end of the 10-year period referred to in subsection
(l)(1), subsection (l)(7) shall apply, and this subsection
shall not apply, with respect to such State.
``(B) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be a
territory or possession of the United States before quarter
dollars bearing designs which are emblematic of such
territory are minted pursuant to this subsection, this
subsection shall cease to apply with respect to such
territory.
``(7) Territory defined.--For purposes of this subsection,
the term `territory' means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.''.
Sec. 623. (a) In General.--Section 5112(n)(2) of title 31,
United States Code, is amended--
(1) in subparagraph (C)(i)--
(A) by striking ``inscriptions'' and inserting
``inscription''; and
(B) by striking ``and `In God We Trust' ''; and
(2) by adding at the end the following new subparagraph:
``(F) Inscription of `in god we trust'.--The design on the
obverse or the reverse shall bear the inscription `In God We
Trust'.''.
(b) Conforming Amendment.--Section 5112(r)(2) of title 31,
United States Code, is amended--
(1) in subparagraph (C)(i)--
(A) by striking ``inscriptions'' and inserting
``inscription''; and
(B) by striking ``and `In God We Trust' ''; and
(2) by adding at the end the following new subparagraph:
``(E) Inscription of `in god we trust'.--The design on the
obverse or the reverse shall bear the inscription `In God We
Trust'.''.
(c) Effective Date.--The change required by the amendments
made by subsections (a) and (b) shall be put into effect by
the Secretary of the Treasury as soon as is practicable after
the date of enactment of this Act.
Sec. 624. There is hereby appropriated $600,000, to remain
available until expended, for the Christopher Columbus
Fellowship Foundation, established by Section 423 of Public
Law 102-281.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. Hereafter, funds appropriated in this or any
other Act may be used to pay travel to the United States for
the immediate family of employees serving abroad in cases of
death or life threatening illness of said employee.
Sec. 702. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2008 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 703. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $12,888
except station wagons for which the maximum shall be $13,312:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 704. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 705. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992 (Public Law 102-404):
Provided, That for the purpose of this section, an affidavit
signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect
to his or her status have been complied with: Provided
further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be
in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with
the United States in a current defense effort, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed
60 days) as a result of emergencies.
Sec. 706. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 707. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted
prior to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to,
[[Page H15601]]
the development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 708. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 709. Hereafter, no part of any appropriation contained
in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been
nominated after the Senate has voted not to approve the
nomination of said person.
Sec. 710. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 711. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 712. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2008, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2008, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2008, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2008 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2008 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2007, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2007,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2007.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
Sec. 713. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on
Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled
by the individual.
Sec. 714. Notwithstanding section 1346 of title 31, United
States Code, or section 710 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
Sec. 715. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department
of Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 716. Hereafter, no department, agency, or
instrumentality of the United States receiving appropriated
funds under this or any other Act shall obligate or expend
any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964
(Public Law 88-352, 78 Stat. 241), the Age Discrimination in
Employment Act of 1967 (Public Law 90-202, 81 Stat. 602), and
the Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat.
355).
Sec. 717. No part of any appropriation contained in this or
any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 718. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 719. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with
[[Page H15602]]
and do not supersede, conflict with, or otherwise alter the
employee obligations, rights, or liabilities created by
Executive Order No. 12958; section 7211 of title 5, United
States Code (governing disclosures to Congress); section 1034
of title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive order and listed
statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding
paragraph, a nondisclosure policy form or agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
Sec. 720. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 721. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 722. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations.
Sec. 723. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including
by private contractor, for publicity or propaganda purposes
within the United States not heretofor authorized by the
Congress.
Sec. 724. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under section 105
of title 5, United States Code;
(2) includes a military department, as defined under
section 102 of such title, the Postal Service, and the Postal
Regulatory Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under section
6301(2) of title 5, United States Code, has an obligation to
expend an honest effort and a reasonable proportion of such
employee's time in the performance of official duties.
Sec. 725. Notwithstanding 31 U.S.C. 1346 and section 710 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share
of FASAB administrative costs.
Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide financial, information technology,
procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of
Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, and the Chief Acquisition Officers Council for
procurement initiatives): Provided further, That the total
funds transferred or reimbursed shall not exceed $10,000,000:
Provided further, That such transfers or reimbursements may
only be made after 15 days following notification of the
Committees on Appropriations by the Director of the Office of
Management and Budget.
Sec. 727. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 728. Notwithstanding section 1346 of title 31, United
States Code, or section 710 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 729. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds, the Catalog of
Federal Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this provision shall apply to
direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 730. Section 403(f) of the Government Management
Reform Act of 1994 (31 U.S.C. 501 note; Public Law 103-356)
is amended to read as follows:
``(f) Termination of Certain Authority.--The authority of
the Secretary of Homeland Security to carry out a pilot
program under this section shall terminate on October 1,
2008.''.
Sec. 731. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 732. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 733. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official
anti-doping agency for Olympic, Pan American, and Paralympic
sport in the United States.
Sec. 734. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 735. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or
enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the
proposed regulations of the Office of
[[Page H15603]]
Personnel Management to add sections 300.311 through 300.316
to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
Sec. 736. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 737. (a) For fiscal year 2008, no funds shall be
available for transfers or reimbursements to the E-Government
initiatives sponsored by the Office of Management and Budget
prior to 15 days following submission of a report to the
Committees on Appropriations by the Director of the Office of
Management and Budget and receipt of approval to transfer
funds by the House and Senate Committees on Appropriations.
(b) Hereafter, any funding request for a new or ongoing E-
Government initiative by any agency or agencies managing the
development of an initiative shall include in justification
materials submitted to the House and Senate Committees on
Appropriations the information in subsection (d).
(c) Hereafter, any funding request by any agency or
agencies participating in the development of an E-Government
initiative and contributing funding for the initiative shall
include in justification materials submitted to the House and
Senate Committees on Appropriations--
(1) the amount of funding contributed to each initiative by
program office, bureau, or activity, as appropriate; and
(2) the relevance of that use to that department or agency
and each bureau or office within, which is contributing
funds.
(d) The report in (a) and justification materials in (b)
shall include at a minimum--
(1) a description of each initiative including but not
limited to its objectives, benefits, development status,
risks, cost effectiveness (including estimated net costs or
savings to the government), and the estimated date of full
operational capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(e) No funds shall be available for obligation or
expenditure for new E-Government initiatives without the
explicit approval of the House and Senate Committees on
Appropriations.
Sec. 738. Notwithstanding section 1346 of title 31, United
States Code, and section 710 of this Act and any other
provision of law, the head of each appropriate executive
department and agency shall transfer to or reimburse the
Federal Aviation Administration, upon the direction of the
Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described
below, and shall submit budget requests for such purposes.
These funds shall be administered by the Federal Aviation
Administration, in consultation with the appropriate
interagency groups designated by the Director and shall be
used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration
pursuant to an operational agreement with the Department of
the Interior for the entirety of fiscal year 2008 and any
period thereafter that precedes the enactment of the
Financial Services and General Government Appropriations Act,
2009. The Director of the Office of Management and Budget
shall mandate the necessary transfers after determining an
equitable allocation between the appropriate executive
departments and agencies of the responsibility for funding
the continuous operation of the Midway Atoll Airfield based
on, but not limited to, potential use, interest in
maintaining aviation safety, and applicability to
governmental operations and agency mission. The total funds
transferred or reimbursed shall not exceed $6,000,000 for any
twelve-month period. Such sums shall be sufficient to ensure
continued operation of the airfield throughout the period
cited above. Funds shall be available for operation of the
airfield or airfield-related capital upgrades. The Director
of the Office of Management and Budget shall notify the
Committees on Appropriations of such transfers or
reimbursements within 15 days of this Act. Such transfers or
reimbursements shall begin within 30 days of enactment of
this Act.
Sec. 739. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be
available to convert to contractor performance an activity or
function of an executive agency that, on or after the date of
enactment of this Act, is performed by more than 10 Federal
employees unless--
(A) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(B) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the executive agency by an amount that
equals or exceeds the lesser of--
(i) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(ii) $10,000,000; and
(C) the contractor does not receive an advantage for a
proposal that would reduce costs for the Federal Government
by--
(i) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
(ii) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Federal Government for health benefits
for civilian employees under chapter 89 of title 5, United
States Code; or
(iii) offering to such workers a retirement benefit that in
any year costs less than the annual retirement cost factor
applicable to Federal employees under chapter 84 of title 5,
United States Code.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that--
(i) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
(ii) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act;
(D) depot contracts or contracts for depot maintenance as
provided in sections 2469 and 2474 of title 10, United States
Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the date of
enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office
of Management and Budget Circular A-76 shall prevent the head
of an executive agency from conducting a public-private
competition to evaluate the benefits of converting work from
contract performance to performance by Federal employees in
appropriate instances. The Circular shall provide procedures
and policies for these competitions that are similar to those
applied to competitions that may result in the conversion of
work from performance by Federal employees to performance by
a contractor.
(c) Bid Protests by Federal Employees in Actions Under
Office of Management and Budget Circular A-76.--
(1) Eligibility to protest.--
(A) Section 3551(2) of title 31, United States Code, is
amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation or other
request for offers described in paragraph (1), means an
actual or prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract or by
failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular A-76
regarding performance of an activity or function of a Federal
agency, or a decision to convert a function performed by
Federal employees to private sector performance without a
competition under OMB Circular A-76, includes--
``(i) any official who submitted the agency tender in such
competition; and
``(ii) any one person who, for the purpose of representing
them in a protest under this subchapter that relates to such
competition, has been designated as their agent by a majority
of the employees of such Federal agency who are engaged in
the performance of such activity or function.''.
(B)(i) Subchapter V of chapter 35 of such title is amended
by adding at the end the following new section:
``Sec. 3557. Expedited action in protests for public-private
competitions
``For protests in cases of public-private competitions
conducted under Office of Management and Budget Circular A-76
regarding performance of an activity or function of Federal
agencies, the Comptroller General shall administer the
provisions of this subchapter in a manner best suited for
expediting final resolution of such protests and final action
in such competitions.''.
(ii) The chapter analysis at the beginning of such chapter
is amended by inserting after the item relating to section
3556 the following new item:
``3557. Expedited action in protests for public-private competitions''.
(2) Right to intervene in civil action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If a private sector interested party commences an
action described in paragraph (1) in the case of a public-
private competition conducted under Office of Management and
Budget Circular A-76 regarding performance of an activity or
function of a Federal agency, or a decision to convert a
function performed by Federal employees to private sector
performance without a competition under Office of Management
and Budget Circular A-76, then an official or person
described in section 3551(2)(B) of title 31 shall be entitled
to intervene in that action.''.
(3) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by paragraph (1)), and
paragraph (5) of section 1491(b) of title 28, United States
Code (as added by paragraph (2)), shall apply to--
(A) protests and civil actions that challenge final
selections of sources of performance of an
[[Page H15604]]
activity or function of a Federal agency that are made
pursuant to studies initiated under Office of Management and
Budget Circular A-76 on or after January 1, 2004; and
(B) any other protests and civil actions that relate to
public-private competitions initiated under Office of
Management and Budget Circular A-76, or a decision to convert
a function performed by Federal employees to private sector
performance without a competition under Office of Management
and Budget Circular A-76, on or after the date of the
enactment of this Act.
(d) Limitation.--(1) None of the funds available in this
Act may be used--
(A) by the Office of Management and Budget to direct or
require another agency to take an action specified in
paragraph (2); or
(B) by an agency to take an action specified in paragraph
(2) as a result of direction or requirement from the Office
of Management and Budget.
(2) An action specified in this paragraph is the
preparation for, undertaking, continuation of, or completion
of a public-private competition or direct conversion under
Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
(e) Applicability.--This section shall apply with respect
to fiscal year 2008 and each succeeding fiscal year.
Sec. 740. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2008 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.5 percent, and
this adjustment shall apply to civilian employees in the
Department of Homeland Security and shall apply to civilian
employees in the Department of Defense who are represented by
a labor organization as defined in 5 U.S.C. 7103(a)(4), and
such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January
1, 2008. Civilian employees in the Department of Defense who
are eligible to be represented by a labor organization as
defined in 5 U.S.C. 7103(a)(4), but are not so represented,
will receive the adjustment provided for in this section
unless the positions are entitled to a pay adjustment under 5
U.S.C. 9902.
(b) Notwithstanding section 712 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take
place in fiscal year 2008 under sections 5344 and 5348 of
title 5, United States Code, shall be no less than the
percentage in paragraph (a) as employees in the same location
whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5,
United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303 and 5304 of title 5 and prevailing rate
employees described in section 5343(a)(5) of title 5 shall be
considered to be located in the pay locality designated as
``Rest of US'' pursuant to section 5304 of title 5 for
purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department
or agency for salaries and expenses for fiscal year 2008.
Sec. 741. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 742. (a) None of the funds made available in this Act
may be used in contravention of section 552a of title 5,
United States Code (popularly known as the Privacy Act) and
regulations implementing that section.
(b) Section 522 of division H of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3268;
5 U.S.C. 552a note) is amended by striking subsection (d) and
inserting the following:
``(d) Inspector General Review.--The Inspector General of
each agency shall periodically conduct a review of the
agency's implementation of this section and shall report the
results of its review to the Committees on Appropriations of
the House of Representatives and the Senate, the House
Committee on Oversight and Government Reform, and the Senate
Committee on Homeland Security and Governmental Affairs. The
report required by this review may be incorporated into a
related report to Congress otherwise required by law
including, but not limited to, 44 U.S.C. 3545, the Federal
Information Security Management Act of 2002. The Inspector
General may contract with an independent, third party
organization to conduct the review.''.
Sec. 743. Each executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card. Such
evaluations for individually-billed travel charge cards shall
include an assessment of the individual's consumer report
from a consumer reporting agency as those terms are defined
in section 603 of the Fair Credit Reporting Act (Public Law
91-508): Provided, That section 604(a)(3) of such Act shall
be amended by adding to the end the following:
``(G) executive departments and agencies in connection with
the issuance of government-sponsored individually-billed
travel charge cards.'':
Provided further, That the department or agency may not issue
a government travel charge card to an individual that either
lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided
further, That this restriction shall not preclude issuance of
a restricted-use charge, debit, or stored value card made in
accordance with agency procedures to: (1) an individual with
an unsatisfactory credit history where such card is used to
pay travel expenses and the agency determines there is no
suitable alternative payment mechanism available before
issuing the card; or (2) an individual who lacks a credit
history. Each executive department and agency shall establish
guidelines and procedures for disciplinary actions to be
taken against agency personnel for improper, fraudulent, or
abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for
purposes, and at establishments, that are inconsistent with
the official business of the Department or agency or with
applicable standards of conduct.
Sec. 744. Crosscut Budget. (a) Definitions.--For purposes
of this section the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000
(42 U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes
watershed that seeks to improve the overall health of the
Great Lakes ecosystem.
(b) Report.--Not later than 30 days after submission of the
budget of the President to Congress, the Director of the
Office of Management and Budget, in coordination with the
Governor of each Great Lakes State and the Great Lakes
Interagency Task Force, shall submit to the appropriate
authorizing and appropriating committees of the Senate and
the House of Representatives a financial report, certified by
the Secretary of each agency that has budget authority for
Great Lakes restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any planned
interagency or intra-agency transfer, for each of the Federal
agencies that carries out Great Lakes restoration activities
in the upcoming fiscal year, separately reporting the amount
of funding to be provided under existing laws pertaining to
the Great Lakes ecosystem; and
(B) identifies all expenditures since fiscal year 2004 by
the Federal Government and State governments for Great Lakes
restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent
available, State agencies using Federal funds, for Great
Lakes restoration activities during the current and previous
fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with
the Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 745. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 746. (a) Each executive department and agency shall
establish and maintain on the homepage of its website, an
obvious, direct link to the website of its respective
Inspector General.
(b) Each Office of Inspector General shall: (1) post on its
website any public report or audit or portion of any report
or audit issued within one day of its release; (2) provide a
service on its website to allow an individual to request
automatic receipt of information relating to any public
report or audit or portion of that report or audit and which
permits electronic transmittal of the information, or notice
of the availability of the information without further
request; and (3) establish and maintain a direct link on its
website for individuals to anonymously report waste, fraud
and abuse.
Sec. 747. (a) None of the funds available under this or any
other Act may be used to carry out a public-private
competition or direct conversion under Office of Management
and Budget (OMB) Circular A-76, or any successor regulation,
directive or policy, relating to the Human Resources Lines of
Business initiative until 60 days after the Director of the
Office of Management and Budget submits to the Committees on
Appropriations of the House of Representatives and the Senate
a report on the use of public-private competitions and direct
conversion to contractor performance as part of the Human
Resources Lines of Business initiative.
(b) The report required by this section shall address the
following:
(1) The role, if any, that public-private competitions
under Circular A-76 or direct conversions to contractor
performance are expected to play as part of the Human
Resources Lines of Business initiative.
[[Page H15605]]
(2) The expected impact, if any, of the initiative on
employment levels at the Federal agencies involved or across
the Federal Government as a whole.
(3) An estimate of the annual and recurring savings the
initiative is expected to generate and a description of the
methodology used to derive that estimate.
(4) An estimate of the total transition costs attributable
to the initiative.
(5) Guidance for use by agencies in evaluating the benefits
of the initiative and in developing alternative strategies
should expected benefits fail to materialize.
(c) The Director of the Office of Management and Budget
shall provide a copy of the report to the Government
Accountability Office at the same time the report is
submitted to the Committees on Appropriations of the House of
Representatives and the Senate. The Government Accountability
Office shall review the report and brief the Committees on
its views concerning the report within 45 days after
receiving the report from the Director.
Sec. 748. No later than 180 days after enactment of this
Act, the Office of Management and Budget shall establish a
pilot program to develop and implement an inventory to track
the cost and size (in contractor manpower equivalents) of
service contracts, particularly with respect to contracts
that have been performed poorly by a contractor because of
excessive costs or inferior quality, as determined by a
contracting officer within the last five years, involve
inherently governmental functions, or were undertaken without
competition. The pilot program shall be established in at
least three Cabinet-level departments, based on varying
levels of annual contracting for services, as reported by the
Federal Procurement Data System's Federal Procurement Report
for fiscal year 2005, including at least one Cabinet-level
department that contracts out annually for $10,000,000,000 or
more in services, at least one Cabinet-level department that
contracts out annually for between $5,000,000,000 and
$9,000,000,000 in services, and at least one Cabinet-level
department that contracts out annually for under
$5,000,000,000 in services.
Sec. 749. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such titles IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sec. 801. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 802. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor, or, in the
case of the Council of the District of Columbia, funds may be
expended with the authorization of the Chairman of the
Council.
Sec. 803. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 804. (a) None of the Federal funds provided in this
Act shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter.
Sec. 805. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2008, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditures for an
agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless in the case of Federal funds, the Committees on
Appropriations of the House of Representatives and Senate are
notified in writing 15 days in advance of the reprogramming
and in the case of local funds, the Committees on
Appropriations of the House of Representatives and Senate are
provided summary reports on April 1, 2008 and October 1,
2008, setting forth detailed information regarding each such
local funds reprogramming conducted subject to this
subsection.
(b) None the local funds contained in this Act may be
available for obligation or expenditure for an agency through
a transfer of any local funds in excess of $3,000,000 from
one appropriation heading to another unless the Committees on
Appropriations of the House of Representatives and Senate are
provided summary reports on April 1, 2008 and October 1,
2008, setting forth detailed information regarding each
reprogramming conducted subject to this subsection, except
that in no event may the amount of any funds transferred
exceed 4 percent of the local funds in the appropriations.
(c) The District of Columbia Government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through December 1, 2008.
Sec. 806. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this
Act shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 807. Notwithstanding section 8344(a) of title 5,
United States Code, the amendment made by section 2 of the
District Government Reemployed Annuitant Offset Elimination
Amendment Act of 2004 (D.C. Law 15-207) shall apply with
respect to any individual employed in an appointive or
elective position with the District of Columbia government
after December 7, 2004.
Sec. 808. No later than 30 days after the end of the first
quarter of fiscal year 2008, the Mayor of the District of
Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2008 revenue
estimates as of the end of such quarter. These estimates
shall be used in the budget request for fiscal year 2009. The
officially revised estimates at midyear shall be used for the
midyear report.
Sec. 809. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 810. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabiting
couples, including but not limited to registration for the
purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits
are extended to legally married couples.
Sec. 811. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be
obligated, or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the obligation, and
expenditure of a grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the
receipt of the report from the Chief Financial Officer under
paragraph (1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar
days of the initial receipt of the report from the Chief
Financial Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or
receipt of a Federal, private, or other grant not subject to
such subsection.
(d) The Chief Financial Officer of the District of Columbia
may adjust the budget for Federal, private, and other grants
received by the District government reflected in the amounts
appropriated in this title, or approved and received under
subsection (b)(2) to reflect a change in the actual amount of
the grant.
(e) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted
to the Council of the District of Columbia and to the
Committees on Appropriations of the House of Representatives
and Senate not later than 15 days after the end of the
quarter covered by the report.
Sec. 812. (a) Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Fire Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia
[[Page H15606]]
and is on call 24 hours a day or is otherwise designated by
the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of
Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2008, an inventory, as of September
30, 2007, of all vehicles owned, leased or operated by the
District of Columbia government. The inventory shall include,
but not be limited to, the department to which the vehicle is
assigned; the year and make of the vehicle; the acquisition
date and cost; the general condition of the vehicle; annual
operating and maintenance costs; current mileage; and whether
the vehicle is allowed to be taken home by a District officer
or employee and if so, the officer or employee's title and
resident location.
Sec. 813. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Corporation
Counsel or any other officer or entity of the District
government to provide assistance for any petition drive or
civil action which seeks to require Congress to provide for
voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 814. None of the Federal funds contained in this Act
may be used for any program of distributing sterile needles
or syringes for the hypodermic injection of any illegal drug.
Sec. 815. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of
any chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's
agency as a result of this Act (and the amendments made by
this Act), including any duty to prepare a report requested
either in the Act or in any of the reports accompanying the
Act and the deadline by which each report must be submitted:
Provided, That the Chief Financial Officer of the District of
Columbia shall provide to the Committees on Appropriations of
the House of Representatives and Senate by April 1, 2008 and
October 1, 2008, a summary list showing each report, the due
date, and the date submitted to the Committees.
Sec. 816. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 817. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate annual reports addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps
taken to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in
consultation with the District of Columbia Public Schools and
the District of Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the
District was eligible but failed to apply and the number and
type of grants awarded to the District but for which the
District failed to spend the amounts received; and
(7) indicators of child well-being.
Sec. 818. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer of
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code,
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. 819. (a) None of the funds contained in this Act may
be made available to pay--
(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action brought against
the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) in
excess of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief
Financial Officer of the District of Columbia determines to
have a pecuniary interest, either through an attorney,
officer, or employee of the firm, in any special education
diagnostic services, schools, or other special education
service providers.
(b) In this section, the term ``action'' includes an
administrative proceeding and any ensuing or related
proceedings before a court of competent jurisdiction.
Sec. 820. The amount appropriated by this title may be
increased by no more than $100,000,000 from funds identified
in the comprehensive annual financial report as the
District's fiscal year 2007 unexpended general fund surplus.
The District may obligate and expend these amounts only in
accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of
each such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless the
Mayor notifies the Committees on Appropriations of the House
of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 821. (a) To account for an unanticipated growth of
revenue collections, the amount appropriated as District of
Columbia Funds pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year 2008 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in
such Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated to have
a negative impact on the long-term financial, fiscal, or
economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District
of Columbia in support of each such obligation and
expenditure, consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered
receivership.
(4) The amounts may not be obligated or expended unless the
Mayor has notified the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 822. The Chief Financial Officer for the District of
Columbia may, for the purpose of cash flow management,
conduct short-term borrowing from the emergency reserve fund
and from the contingency reserve fund established under
section 450A of the District of Columbia Home Rule Act
(Public Law 98-198): Provided, That the amount borrowed shall
not exceed 50 percent of the total amount of funds contained
in both the emergency and contingency reserve funds at the
time of borrowing: Provided further, That the borrowing shall
not deplete either fund by more than 50 percent: Provided
further, That 100 percent of the funds borrowed shall be
replenished within 9 months of the time of the borrowing or
by the end of the fiscal year, whichever occurs earlier:
Provided further, That in the event that short-term borrowing
has been conducted and the emergency or the contingency funds
are later depleted below 50 percent as a result of an
emergency or contingency, an amount equal to the amount
necessary to restore reserve levels to 50 percent of the
total amount of funds contained in both the emergency and
contingency reserve fund must be replenished from the amount
borrowed within 60 days.
Sec. 823. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.)
or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 824. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
[[Page H15607]]
Sec. 825. (a) Direct Appropriation.--Section 307(a) of the
District of Columbia Court Reform and Criminal Procedure Act
of 1970 (sec. 2-1607(a), D.C. Official Code) is amended by
striking the first 2 sentences and inserting the following:
``There are authorized to be appropriated to the Service in
each fiscal year such funds as may be necessary to carry out
this chapter.''.
(b) Conforming Amendment.--Section 11233 of the Balanced
Budget Act of 1997 (sec. 24-133, D.C. Official Code) is
amended by striking subsection (f).
(e) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2008 and each
succeeding fiscal year.
Sec. 826. Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred shall retain appropriation authority consistent
with the provisions of this Act.
Sec. 827. In fiscal year 2008 and thereafter, amounts
deposited in the Student Enrollment Fund shall be available
for expenditure upon deposit and shall remain available until
expended consistent with the terms detailed in ``The Student
Funding Formula Assessment, Educational Data Warehouse, and
Enrollment Fund Establishment Amendment Act of 2007'' (title
IV-D of D.C. Law L17-0020) and the entire provisions of that
Act are incorporated herein by reference.
Sec. 828. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2008''.
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $97,353,000: Provided, That not to exceed
$40,000 shall be for official reception and representation
expenses: Provided further, That $15,000,000 shall not be
available for obligation until the Secretary (1) certifies
and reports to the Committees on Appropriations of the Senate
and the House of Representatives that the Department has
revised Departmental guidance with respect to relations with
the Government Accountability Office to specifically provide
for: (a) expedited timeframes for providing the Government
Accountability Office with access to records within 20 days
from the date of request; (b) expedited timeframes for
interviews of program officials by the Government
Accountability Office after reasonable notice has been
furnished to the Department by the Government Accountability
Office; and (c) a significant streamlining of the review
process for documents and interview requests by liaisons,
counsel, and program officials, consistent with the objective
that the Government Accountability Office be given timely and
complete access to documents and agency officials; and (2)
defines in a memorandum to all Department employees the roles
and responsibilities of the Department of Homeland Security
Inspector General: Provided further, That the Secretary shall
make the revisions to Departmental guidance with respect to
relations with the Government Accountability Office in
consultation with the Comptroller General of the United
States and issue departmental guidance with respect to
relations with the Department of Homeland Security Inspector
General in consultation with the Inspector General: Provided
further, That not more than seventy-five percent of the funds
provided under this heading shall be obligated prior to the
submission of the first quarterly report on progress to
improve and modernize efforts to remove criminal aliens
judged deportable from the United States.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$150,238,000, of which not to exceed $3,000 shall be for
official reception and representation expenses: Provided,
That of the total amount, $6,000,000 shall remain available
until expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to
consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $31,300,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $295,200,000; of which
$81,000,000 shall be available for salaries and expenses; and
of which $214,200,000, to remain available until expended,
shall be available for development and acquisition of
information technology equipment, software, services, and
related activities for the Department of Homeland Security,
of which not less than $36,800,000 shall be available, as
requested in the President's Fiscal Year 2008 Budget, for
Department of Homeland Security data center development and
an additional $35,500,000 shall be available for further
construction of the National Center for Critical Information
Processing and Storage: Provided, That none of the funds
appropriated shall be used to support or supplement the
appropriations provided for the United States Visitor and
Immigrant Status Indicator Technology project or the
Automated Commercial Environment: Provided further, That the
Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, not more than 60 days after the date of
enactment of this Act, an expenditure plan for all
information technology acquisition projects that: (1) are
funded under this heading; or (2) are funded by multiple
components of the Department of Homeland Security through
reimbursable agreements: Provided further, That such
expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or
cost avoidance to be achieved by the project.
Analysis and Operations
(including rescission of funds)
For necessary expenses for information analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$306,000,000, to remain available until September 30, 2009,
of which not to exceed $5,000 shall be for official reception
and representation expenses: Provided, That of the amounts
made available under this heading in Public Law 109-295,
$8,700,000 are rescinded.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $2,700,000: Provided,
That $1,000,000 shall not be available for obligation until
the Committees on Appropriations of the Senate and the House
of Representatives receive an expenditure plan for fiscal
year 2008.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $92,711,000, of which not to exceed
$150,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural
inspections and regulatory activities related to plant and
animal imports; purchase and lease of up to 4,500 (2,300 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $6,802,560,000, of
which $3,093,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $226,740,000
shall be for Air and Marine Operations; of which $13,000,000
shall be used to procure commercially available technology in
order to expand and improve the risk-based approach of the
Department of Homeland Security to target and inspect cargo
containers under the Secure Freight Initiative and the Global
Trade Exchange; of which such sums as become available in the
Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that
account; of which not to exceed $150,000 shall be available
for payment for rental space in connection with preclearance
operations; and of which not to exceed $1,000,000 shall be
for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided, That of the amount provided under this
heading, $323,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated
Act): Provided further, That for fiscal year 2008, the
overtime limitation prescribed in section 5(c)(1) of the Act
of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the
funds appropriated by this Act may be available to compensate
any employee of U.S. Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds
such limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies: Provided further, That of the amount made
available under this heading, $202,816,000 shall remain
available until September 30, 2009, to support software
development, equipment, contract services, and the
implementation of inbound lanes and modification to vehicle
primary processing lanes at ports of entry; of which $100,000
is to promote information and education exchange with nations
friendly to the United States in order to promote sharing of
best practices and technologies relating to homeland
security, as authorized by section 879 of Public Law 107-296;
and of which $75,000,000 may not be obligated until the
Committees on Appropriations of the Senate and the
[[Page H15608]]
House of Representatives receive a report not later than 120
days after the date of enactment of this Act on the
preliminary results of testing of pilots at ports of entry
used to develop and implement the plan required by section
7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
note), which includes the following information: (1)
infrastructure and staffing required, with associated costs,
by port of entry; (2) updated milestones for plan
implementation; (3) a detailed explanation of how
requirements of such section have been satisfied; (4)
confirmation that a vicinity-read radio frequency
identification card has been adequately tested to ensure
operational success; and (5) a description of steps taken to
ensure the integrity of privacy safeguards.
automation modernization
For expenses for U.S. Customs and Border Protection
automated systems, $476,609,000, to remain available until
expended, of which not less than $316,969,000 shall be for
the development of the Automated Commercial Environment:
Provided, That of the total amount made available under this
heading, $216,969,000 may not be obligated for the Automated
Commercial Environment program until 30 days after the
Committees on Appropriations of the Senate and the House of
Representatives receive a report on the results to date and
plans for the program from the Department of Homeland
Security that includes:
(1) a detailed accounting of the program's progress up to
the date of the report in meeting prior commitments made to
the Committees relative to system capabilities or services,
system performance levels, mission benefits and outcomes,
milestones, cost targets, and program management
capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program, with the status of the Department's efforts to
address the recommendations, including milestones for fully
addressing them;
(4) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
Circular A-11, part 7, as well as supporting analyses
generated by and used in the Department's process;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification
agent has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, any
known areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(7) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly and proactively identifies, evaluates,
mitigates, and monitors risks throughout the system life
cycle, and communicates high-risk conditions to U.S. Customs
and Border Protection and Department of Homeland Security
investment decision makers, as well as a listing of the
program's high risks and the status of efforts to address
them;
(8) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with
them along with any plans for addressing these risks and the
status of their implementation; and
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that
current human capital capabilities are sufficient to execute
the plans discussed in the report.
Border Security Fencing, Infrastructure, and Technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $1,225,000,000, to remain
available until expended: Provided, That of the amount
provided under this heading, $1,053,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act): Provided further, That of the amount
provided under this heading, $650,000,000 shall not be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure, prepared by the Secretary of Homeland
Security and submitted within 90 days after the date of
enactment of this Act, for a program to establish a security
barrier along the borders of the United States of fencing and
vehicle barriers, where practicable, and other forms of
tactical infrastructure and technology, that includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system
performance levels, mission benefits and outcomes,
milestones, cost targets, program management capabilities,
identification of the maximum investment (including lifecycle
costs) required by the Secure Border Initiative network or
any successor contract, and description of the methodology
used to obtain these cost figures;
(2) a description of how activities will further the
objectives of the Secure Border Initiative, as defined in the
Secure Border Initiative multi-year strategic plan, and how
the plan allocates funding to the highest priority border
security needs;
(3) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(4) an identification of staffing (including full-time
equivalents, contractors, and detailees) requirements by
activity;
(5) a description of how the plan addresses security needs
at the Northern Border and the ports of entry, including
infrastructure, technology, design and operations
requirements;
(6) a report on costs incurred, the activities completed,
and the progress made by the program in terms of obtaining
operational control of the entire border of the United
States;
(7) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
to fully address them;
(8) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
Circular A-11, part 7;
(9) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, and
any known areas of misalignment along with the associated
risks and corrective actions to address any such areas;
(10) a certification by the Chief Procurement Officer of
the Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with
them along with any plans for addressing these risks, and the
status of their implementation;
(11) a certification by the Chief Information Officer of
the Department that the program has a risk management process
that regularly and proactively identifies, evaluates,
mitigates, and monitors risks throughout the system life
cycle and communicates high-risk conditions to U.S. Customs
and Border Protection and Department of Homeland Security
investment decisionmakers, as well as a listing of all the
program's high risks and the status of efforts to address
them;
(12) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that
current human capital capabilities are sufficient to execute
the plans discussed in the report;
(13) an analysis by the Secretary for each segment, defined
as no more than 15 miles, of fencing or tactical
infrastructure, of the selected approach compared to other,
alternative means of achieving operational control; such
analysis should include cost, level of operational control,
possible unintended effects on communities, and other factors
critical to the decision-making process;
(14) a certification by the Chief Procurement Officer of
the Department of Homeland Security that procedures to
prevent conflicts of interest between the prime integrator
and major subcontractors are established and that the Secure
Border Initiative Program Office has adequate staff and
resources to effectively manage the Secure Border Initiative
program, Secure Border Initiative network contract, and any
related contracts, including the exercise of technical
oversight, and a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently
under contract for the projects funded under this heading;
and
(15) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the
Committees on Appropriations of the Senate and the House of
Representatives on program progress to date and specific
objectives to be achieved through the award of current and
remaining task orders planned for the balance of available
appropriations: (1) at least 30 days prior to the award of
any task order requiring an obligation of funds in excess of
$100,000,000; and (2) prior to the award of a task order that
would cause cumulative obligations of funds to exceed 50
percent of the total amount appropriated: Provided further,
That of the funds provided under this heading, not more than
$2,000,000 shall be used to reimburse the Defense Acquisition
University for the costs of conducting a review of the Secure
Border Initiative network contract and determining how and
whether the Department is employing the best procurement
practices: Provided further, That none of the funds under
this heading may be obligated for any project or activity for
which the Secretary has exercised waiver authority
[[Page H15609]]
pursuant to section 102(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note)
until 15 days have elapsed from the date of the publication
of the decision in the Federal Register.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, and rental payments for facilities occupied by the
air or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or
administration of laws enforced by the Department of Homeland
Security; and at the discretion of the Secretary of Homeland
Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency
humanitarian efforts, $570,047,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $94,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated
Act): Provided further, That no aircraft or other related
equipment, with the exception of aircraft that are one of a
kind and have been identified as excess to U.S. Customs and
Border Protection requirements and aircraft that have been
damaged beyond repair, shall be transferred to any other
Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2008
without the prior approval of the Committees on
Appropriations of the Senate and the House of
Representatives.
Construction
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to
customs and immigration, $348,363,000, to remain available
until expended; of which $39,700,000 shall be for the
Advanced Training Center: Provided, That of the amount
provided under this heading, $61,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
U.S. Immigration and Customs Enforcement
Salaries and Expenses
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; $4,687,517,000, of which not to
exceed $7,500,000 shall be available until expended for
conducting special operations under section 3131 of the
Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which
not to exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary
of Homeland Security; of which not less than $305,000 shall
be for promotion of public awareness of the child pornography
tipline and anti-child exploitation activities as requested
by the President; of which not less than $5,400,000 shall be
used to facilitate agreements consistent with section 287(g)
of the Immigration and Nationality Act (8 U.S.C. 1357(g));
and of which not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of
smuggled illegal aliens: Provided, That of the amount
provided under this heading, $516,400,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act): Provided further, That none of the
funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in
excess of $35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that
amount as necessary for national security purposes and in
cases of immigration emergencies: Provided further, That of
the total amount provided, $15,770,000 shall be for
activities to enforce laws against forced child labor in
fiscal year 2008, of which not to exceed $6,000,000 shall
remain available until expended: Provided further, That of
the total amount provided, not less than $2,381,401,000 is
for detention and removal operations: Provided further, That
of the total amount provided, $200,000,000 shall remain
available until September 30, 2009, to improve and modernize
efforts to identify aliens convicted of a crime, sentenced to
imprisonment, and who may be deportable, and remove them from
the United States once they are judged deportable: Provided
further, That none of the funds made available to improve and
modernize efforts to identify and remove aliens convicted of
a crime, sentenced to imprisonment, and who may be deportable
(in this proviso referred to as criminal aliens), and remove
them from the United States once they are judged deportable,
shall be obligated until the Committees on Appropriations of
the Senate and the House of Representatives receive a plan
for expenditure, prepared by the Secretary of Homeland
Security and submitted within 90 days after the date of
enactment of this Act, to modernize the policies and
technologies used to identify and remove criminal aliens,
that--
(1) presents a strategy for U.S. Immigration and Customs
Enforcement to identify every criminal alien, at the prison,
jail, or correctional institution in which they are held;
(2) establishes the process U.S. Immigration and Customs
Enforcement, in conjunction with the U.S. Department of
Justice, will use to make every reasonable effort to remove,
upon their release from custody, all criminal aliens judged
deportable;
(3) presents a methodology U.S. Immigration and Customs
Enforcement will use to identify and prioritize for removal
criminal aliens convicted of violent crimes;
(4) defines the activities, milestones, and resources for
implementing the strategy and process described in sections
(1) and (2); and
(5) includes program measurements for progress in
implementing the strategy and process described in sections
(1) and (2):
Provided further, That the Secretary of Homeland Security or
a designee of the Secretary shall report to the Committees on
Appropriations of the Senate and the House of
Representatives, at least quarterly, on progress implementing
the expenditure plan required in the preceding proviso, and
the funds obligated during that quarter to make that
progress: Provided further, That the funding and staffing
resources necessary to carry out the strategy and process
described in sections (1) and (2) under this heading shall be
identified in the President's fiscal year 2009 budget
submission to Congress.
Federal Protective Service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives
no later than December 31, 2007, that the operations of the
Federal Protective Service will be fully funded in fiscal
year 2008 through revenues and collection of security fees,
and shall adjust the fees to ensure fee collections are
sufficient to ensure the Federal Protective Service
maintains, by July 31, 2008, not fewer than 1,200 full-time
equivalent staff and 900 full-time equivalent Police
Officers, Inspectors, Area Commanders, and Special Agents
who, while working, are directly engaged on a daily basis
protecting and enforcing laws at Federal buildings (referred
to as ``in-service field staff'').
Automation Modernization
For expenses of immigration and customs enforcement
automated systems, $30,700,000, to remain available until
expended: Provided, That of the funds made available under
this heading, $5,000,000 shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive a plan for expenditure prepared by
the Secretary of Homeland Security.
construction
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to
customs and immigration, $16,500,000, to remain available
until expended: Provided, That of the amount provided under
this heading, $10,500,000 is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That none of the funds
made available in this Act may be used to solicit or consider
any request to privatize facilities currently owned by the
United States Government and used to detain illegal aliens
until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for carrying out that
privatization.
Transportation Security Administration
Aviation Security
(including transfer of funds)
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$4,808,691,000, to remain available until September 30, 2009,
of which not to exceed $10,000 shall be for official
reception and representation expenses: Provided, That of the
total amount made available under this heading, not to exceed
$3,768,489,000 shall be for screening operations, of which
$294,000,000 shall be available only for procurement and
installation of checked baggage explosive detection systems;
and not to exceed $1,009,977,000 shall be for aviation
security direction and enforcement: Provided further, That
security service fees authorized under section 44940 of title
49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be
available only for aviation security: Provided further, That
any funds collected and made available from aviation security
fees pursuant to section 44940(i) of title 49, United States
Code, may, notwithstanding paragraph (4) of such section
44940(i), be expended for the purpose of improving screening
at airport screening checkpoints, which may include the
purchase and utilization of emerging technology equipment;
the refurbishment and replacement of current equipment; the
installation of surveillance systems to monitor checkpoint
activities; the modification of checkpoint infrastructure to
support checkpoint reconfigurations; and the creation of
additional checkpoints to screen aviation passengers and
airport personnel: Provided further, That of the amounts
provided under this heading, $30,000,000 may be transferred
to the ``Surface Transportation Security''; ``Transportation
Threat Assessment And Credentialing''; and ``Transportation
Security Support'' appropriations in this Act for the purpose
of implementing regulations and activities authorized in
Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53): Provided further, That the sum
appropriated under this heading from the general fund shall
be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2008, so as to
result in a final fiscal year appropriation from the general
fund estimated at not more than $2,598,466,000: Provided
further, That any
[[Page H15610]]
security service fees collected in excess of the amount made
available under this heading shall become available during
fiscal year 2009: Provided further, That Members of the
United States House of Representatives and United States
Senate, including the leadership; and the heads of Federal
agencies and commissions, including the Secretary, Under
Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States attorneys;
and senior members of the Executive Office of the President,
including the Director of the Office of Management and
Budget; shall not be exempt from Federal passenger and
baggage screening.
Surface Transportation Security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $46,613,000, to remain available until
September 30, 2009.
Transportation Threat Assessment and Credentialing
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$82,590,000, to remain available until September 30, 2009:
Provided, That if the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines
that the Secure Flight program does not need to check airline
passenger names against the full terrorist watch list, then
the Assistant Secretary shall certify to the Committees on
Appropriations of the Senate and the House of Representatives
that no significant security risks are raised by screening
airline passenger names only against a subset of the full
terrorist watch list.
Transportation Security Support
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $523,515,000, to remain available
until September 30, 2009: Provided, That of the funds
appropriated under this heading, $10,000,000 may not be
obligated until the Secretary of Homeland Security submits to
the Committees on Appropriations of the Senate and the House
of Representatives detailed expenditure plans for checkpoint
support and explosive detection systems refurbishment,
procurement, and installations on an airport-by-airport basis
for fiscal year 2008; and a strategic plan required for
checkpoint technologies as described in the joint explanatory
statement of managers accompanying the fiscal year 2007
conference report (H. Rept. 109-699): Provided further, That
these plans shall be submitted no later than 60 days after
the date of enactment of this Act.
Federal Air Marshals
For necessary expenses of the Federal Air Marshals,
$769,500,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of
the Coast Guard not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be
for replacement only; minor shore construction projects not
exceeding $1,000,000 in total cost at any location; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare;
$5,891,347,000, of which $340,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000
shall be for official reception and representation expenses;
and of which $3,600,000 shall be for costs to plan and design
an expansion to the Operations Systems Center subject to the
approval of a prospectus: Provided, That none of the funds
made available by this or any other Act shall be available
for administrative expenses in connection with shipping
commissioners in the United States: Provided further, That
none of the funds made available by this Act shall be for
expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent
fees are collected from yacht owners and credited to this
appropriation: Provided further, That not to exceed 5 percent
of this appropriation may be transferred to the
``Acquisition, Construction, and Improvements'' appropriation
for personnel compensation and benefits and related costs to
adjust personnel assignment to accelerate management and
oversight of new or existing projects without detrimentally
affecting the management and oversight of other projects:
Provided further, That the amount made available for
``Personnel, Compensation, and Benefits'' in the
``Acquisition, Construction, and Improvements'' appropriation
shall not be increased by more than 10 percent by such
transfers: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified of each transfer within 30 days after it is
executed by the Treasury: Provided further, That of the
amount provided under this heading, $70,300,000 is designated
as described in section 5 (in the matter preceding division A
of this consolidated Act).
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,000,000, to
remain available until expended.
Reserve Training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $126,883,000.
acquisition, construction, and improvements
(including rescissions of funds)
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$1,125,083,000, of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $45,000,000 shall be available
until September 30, 2012, to acquire, repair, renovate, or
improve vessels, small boats, and related equipment; of which
$173,100,000 shall be available until September 30, 2010, for
other equipment; of which $40,997,000 shall be available
until September 30, 2010, for shore facilities and aids to
navigation facilities; of which $82,720,000 shall be
available for personnel compensation and benefits and related
costs; and of which $783,266,000 shall be available until
September 30, 2012, for the Integrated Deepwater Systems
program: Provided, That of the funds made available for the
Integrated Deepwater Systems program, $327,416,000 is for
aircraft and $243,400,000 is for surface ships: Provided
further, That of the amount provided in the preceding proviso
for aircraft, $70,000,000 may not be obligated for the
Maritime Patrol Aircraft until the Commandant of the Coast
Guard certifies that the mission system pallet Developmental
Test and Evaluation of the HC-144A CASA Maritime Patrol
Aircraft is complete: Provided further, That no funds shall
be available for procurements related to the acquisition of
additional major assets as part of the Integrated Deepwater
Systems program not already under contract until an
alternatives analysis has been completed by an independent
qualified third party: Provided further, That $300,000,000 of
the funds provided for the Integrated Deepwater Systems
program may not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure directly from the
Coast Guard that--
(1) defines activities, milestones, yearly costs, and
lifecycle costs for each procurement of a major asset,
including an independent cost estimate for each;
(2) identifies lifecycle staffing and training needs of
Coast Guard project managers and of procurement and contract
staff;
(3) identifies competition to be conducted in each
procurement;
(4) describes procurement plans that do not rely on a
single industry entity or contract;
(5) includes a certification by the Chief Human Capital
Officer of the Department that current human capital
capabilities are sufficient to execute the plans discussed in
the report;
(6) contains very limited indefinite delivery/indefinite
quantity contracts and explains the need for any indefinite
delivery/indefinite quantity contracts;
(7) identifies individual project balances by fiscal year,
including planned carryover into fiscal year 2009 by project;
(8) identifies operational gaps by asset and explains how
funds provided in this Act address the shortfalls between
current operational capabilities and requirements;
(9) includes a listing of all open Government
Accountability Office and Office of Inspector General
recommendations related to the program and the status of
Coast Guard actions to address the recommendations, including
milestones for fully addressing them;
(10) includes a certification by the Chief Procurement
Officer of the Department that the program has been reviewed
and approved in accordance with the investment management
process of the Department, and that the process fulfills all
capital planning and investment control requirements and
reviews established by the Office of Management and Budget,
including Circular A-11, part 7;
(11) identifies use of the Defense Contract Auditing
Agency;
(12) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement
Officer of the Department that the plans for the program
comply with the Federal acquisition rules, requirements,
guidelines, and practices, and a description of the actions
being taken to address areas of non-compliance, the risks
associated with them along with plans for addressing these
risks, and the status of their implementation;
(13) identifies the use of independent validation and
verification; and
(14) is reviewed by the Government Accountability Office:
Provided further, That the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, in conjunction with
the President's fiscal year 2009 budget, a review of the
Revised Deepwater Implementation Plan that identifies any
changes to the plan for the fiscal year; an annual
performance comparison of Deepwater assets to pre-Deepwater
legacy assets; a status report of legacy assets; a detailed
explanation of how the costs of legacy assets are being
accounted for within the Deepwater program; and the earned
value management system gold card data for each Deepwater
asset: Provided further, That the Secretary shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives a comprehensive review of the Revised
Deepwater Implementation Plan every five years, beginning in
fiscal year 2011, that includes a complete projection of the
acquisition costs and schedule for the duration of the plan
through fiscal year 2027: Provided further, That the
Secretary shall annually submit to the Committees on
Appropriations of
[[Page H15611]]
the Senate and the House of Representatives, at the time that
the President's budget is submitted under section 1105(a) of
title 31, United States Code, a future-years capital
investment plan for the Coast Guard that identifies for each
capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until project completion, whichever
is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of
Representatives:
Provided further, That the Secretary shall ensure that
amounts specified in the future-years capital investment plan
are consistent to the maximum extent practicable with
proposed appropriations necessary to support the programs,
projects, and activities of the Coast Guard in the
President's budget as submitted under section 1105(a) of
title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be
identified and justified: Provided further, That of amounts
made available under this heading in Public Laws 108-334 and
109-90 for the Offshore Patrol Cutter, $98,627,476 are
rescinded: Provided further, That of amounts made available
under this heading in Public Law 108-334 for VTOL unmanned
aerial vehicles (VUAV), $162,850 are rescinded: Provided
further, That of amounts made available under this heading in
Public Law 109-90 for unmanned air vehicles (UAVs),
$32,942,138 are rescinded: Provided further, That of amounts
made available under this heading in Public Law 109-295 for
VTOL unmanned aerial vehicles (UAVs), $716,536 are rescinded:
Provided further, That of the amount provided under this
heading, $95,800,000 is designated as described in section 5
(in the matter preceding division A of this consolidated
Act).
Alteration of Bridges
For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the
Truman-Hobbs Act (33 U.S.C. 516), $16,000,000, to remain
available until expended.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $25,000,000, to remain
available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
Retired Pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts and combat-related
special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and
their dependents under chapter 55 of title 10, United States
Code, $1,184,720,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 645 vehicles for police-
type use for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates
as may be determined by the Director of the Secret Service;
rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees where a
protective assignment during the actual day or days of the
visit of a protectee requires an employee to work 16 hours
per day or to remain overnight at a post of duty; conduct of
and participation in firearms matches; presentation of
awards; travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained
in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and
development; grants to conduct behavioral research in support
of protective research and operations; and payment in advance
for commercial accommodations as may be necessary to perform
protective functions; $1,381,771,000, of which $853,690,000
is for protective functions; of which not to exceed $25,000
shall be for official reception and representation expenses;
of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of
which $6,000,000 shall be for a grant for activities related
to the investigations of missing and exploited children and
shall remain available until expended: Provided, That up to
$18,000,000 provided for protective travel shall remain
available until September 30, 2009: Provided further, That
the United States Secret Service is authorized to obligate
funds in anticipation of reimbursements from Federal agencies
and entities, as defined in section 105 of title 5, United
States Code, receiving training sponsored by the James J.
Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available under this heading at the end of the
fiscal year.
Acquisition, Construction, Improvements, and Related Expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities,
$3,725,000, to remain available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the immediate Office of the
Under Secretary for National Protection and Programs, the
National Protection Planning Office, support for operations,
information technology, and Risk Management and Analysis,
$47,346,000: Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided
further, That of the total amount provided under this
heading, $5,000,000 shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve an expenditure plan by
program, project, and activity.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized
by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $654,730,000, of which $586,960,000 shall
remain available until September 30, 2009.
United States Visitor and Immigrant Status Indicator Technology
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a), $475,000,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $275,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated
Act): Provided further, That of the total amount made
available under this heading, $125,000,000 may not be
obligated for the United States Visitor and Immigrant Status
Indicator Technology project until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure prepared by the
Secretary of Homeland Security that includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system
performance levels, mission benefits and outcomes,
milestones, cost targets, and program management
capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing them;
(4) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
Circular A-11, part 7;
(5) a certification by the Chief Information Officer of the
Department of Homeland Security that an independent
verification and validation agent is currently under contract
for the project;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures
that were and were not assessed in making the alignment
determination, the date of the alignment determination, and
any known areas of misalignment along with the associated
risks and corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with
them along with any plans for addressing these risks, and the
status of their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly identifies, evaluates, mitigates, and monitors
risks throughout the system life cycle, and communicates
high-risk conditions to agency and Department of Homeland
Security investment decisionmakers, as well as a listing of
all the program's high risks and the status of efforts to
address them;
[[Page H15612]]
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that
current human capital capabilities are sufficient to execute
the plans discussed in the report;
(10) a complete schedule for the full implementation of a
biometric exit program or a certification that such program
is not possible within five years;
(11) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services; and
(12) is reviewed by the Government Accountability Office.
Office of Health Affairs
For the necessary expenses of the Office of Health Affairs,
$116,500,000; of which $24,317,000 is for salaries and
expenses; and of which $92,183,000, to remain available until
September 30, 2009, is for biosurveillance, BioWatch, medical
readiness planning, chemical response, and other activities:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
Federal Emergency Management Agency
Management and Administration
For necessary expenses for management and administration of
the Federal Emergency Management Agency, $664,000,000,
including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of
1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of
the National Security Act of 1947 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the
Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394): Provided, That not to exceed
$3,000 shall be for official reception and representation
expenses: Provided further, That the President's budget
submitted under section 1105(a) of title 31, United States
Code, shall be detailed by office for the Federal Emergency
Management Agency: Provided further, That of the total amount
made available under this heading, $32,500,000 shall be for
the Urban Search and Rescue Response System, of which not to
exceed $1,600,000 may be made available for administrative
costs; and $6,000,000 shall be for the Office of National
Capital Region Coordination: Provided further, That for
purposes of planning, coordination, execution, and
decisionmaking related to mass evacuation during a disaster,
the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be
incorporated into efforts to integrate the activities of
Federal, State, and local governments in the National Capital
Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002.
state and local programs
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other
activities, $3,177,800,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605) as amended by Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53): Provided, That of the amount provided by this
paragraph, $60,000,000 shall be for Operation Stonegarden and
is designated as described in section 5 (in the matter
preceding division A of this consolidated Act): Provided
further, That notwithstanding subsection (c)(4) of such
section 2004, for fiscal year 2008, the Commonwealth of
Puerto Rico shall make available to local and tribal
governments amounts provided to the Commonwealth of Puerto
Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004;
(2) $820,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604) as amended by Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53), of which, notwithstanding subsection (c)(1) of
such section, $15,000,000 shall be for grants to
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary to be at
high-risk of a terrorist attack;
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants;
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723);
(5) $15,000,000 shall be for the Citizens Corps Program;
(6) $400,000,000 shall be for Public Transportation
Security Assistance and Railroad Security Assistance under
sections 1406 and 1513 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1135 and 1163), of which not less than $25,000,000 shall be
for Amtrak security;
(7) $400,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107;
(8) $11,500,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1182);
(9) $16,000,000 shall be for Trucking Industry Security
Grants;
(10) $50,000,000 shall be for Buffer Zone Protection
Program Grants;
(11) $50,000,000 shall be for grants under section 204 of
the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301
note): Provided, That the amount provided under this
paragraph shall be designated as described in section 5 (in
the matter preceding division A of this consolidated Act);
(12) $25,000,000 shall be for the Commercial Equipment
Direct Assistance Program;
(13) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579) as amended by
Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53);
(14) $15,000,000 shall be for grants for construction of
Emergency Operations Centers under section 614 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c) as amended by Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53); and
(15) $299,300,000 shall be for training, exercises,
technical assistance, and other programs:
Provided, That not to exceed three percent of the amounts
provided under this heading may be transferred to the Federal
Emergency Management Agency ``Management and Administration''
account for program administration: Provided further, That
for grants under paragraphs (1) through (5), the applications
for grants shall be made available to eligible applicants not
later than 25 days after the date of enactment of this Act,
that eligible applicants shall submit applications not later
than 90 days after the grant announcement, and that the
Administrator of the Federal Emergency Management Agency
shall act within 90 days after receipt of an application:
Provided further, That for grants under paragraphs (6)
through (11), the applications for grants shall be made
available to eligible applicants not later than 30 days after
the date of enactment of this Act, that eligible applicants
shall submit applications within 45 days after the grant
announcement, and that the Federal Emergency Management
Agency shall act not later than 60 days after receipt of an
application: Provided further, That grantees shall provide
additional reports on their use of funds, as determined
necessary by the Secretary of Homeland Security: Provided
further, That (a) the Center for Domestic Preparedness may
provide training to emergency response providers from the
Federal Government, foreign governments, or private entities,
if the Center for Domestic Preparedness is reimbursed for the
cost of such training, and any reimbursement under this
subsection shall be credited to the account from which the
expenditure being reimbursed was made and shall be available,
without fiscal year limitation, for the purposes for which
amounts in the account may be expended, (b) the head of the
Center for Domestic Preparedness shall ensure that any
training provided under (a) does not interfere with the
primary mission of the Center to train State and local
emergency response providers: Provided further, That the
Government Accountability Office shall report to the
Committees on Appropriations of the Senate and the House of
Representatives regarding the data, assumptions, and
methodology that the Department uses to assess risk and
allocate Urban Area Security Initiative and State Homeland
Security Grants not later than 45 days after the date of
enactment of this Act: Provided further, That the report
shall include the reliability and validity of the data used,
the basis for the assumptions used, how the methodology is
applied to determine the risk scores for individual
locations, an analysis of the usefulness of placing States
and cities into tier groups, and the allocation of grants to
eligible locations: Provided further, That the Department
provide the Government Accountability Office with the actual
data that the Department used for its risk assessment and
grant allocation for at least two locations at the discretion
of the Government Accountability Office for the 2007 grant
allocation process: Provided further, That the Department
provide the Government Accountability Office with access to
all data needed for its analysis and report, including
specifics on all changes for the fiscal year 2008 process,
including, but not limited to, all changes in data,
assumptions, and weights used in methodology within seven
days after the date of enactment of this Act: Provided
further, That any subsequent changes made regarding the risk
methodology after the initial information is provided to the
Government Accountability Office shall be provided within
seven days after the change is made.
firefighter assistance grants
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.), $750,000,000, of which $560,000,000 shall be
available to carry out section 33 of that Act (15 U.S.C.
2229) and $190,000,000 shall be available to carry out
section 34 of that Act (15 U.S.C. 2229a), to remain available
until September 30, 2009: Provided, That not to exceed five
percent of the amount available under this heading shall be
available for program administration.
Emergency Management Performance Grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), $300,000,000: Provided, That total
administrative costs shall not exceed three percent of the
total amount appropriated under this heading.
Radiological Emergency Preparedness Program
The aggregate charges assessed during fiscal year 2008, as
authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall
[[Page H15613]]
not be less than 100 percent of the amounts anticipated by
the Department of Homeland Security necessary for its
radiological emergency preparedness program for the next
fiscal year: Provided, That the methodology for assessment
and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That fees received under this heading shall be
deposited in this account as offsetting collections and will
become available for authorized purposes on October 1, 2008,
and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), $43,300,000.
Disaster Relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,400,000,000, to remain available
until expended: Provided, That of the total amount provided,
$16,000,000 shall be transferred to the Department of
Homeland Security Office of Inspector General for audits and
investigations related to disasters, subject to section 503
of this Act: Provided further, That up to $60,000,000 may be
transferred to ``Management and Administration'', Federal
Emergency Management Agency, of which $48,000,000 and 250
positions are for management and administration functions and
$12,000,000 is for activities related to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That of the amount
provided in the previous proviso, $30,000,000 shall not be
available for transfer for management and administration
functions until the Federal Emergency Management Agency
submits an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives
regarding the 250 positions: Provided further, That the
Federal Emergency Management Agency shall hereafter submit a
monthly ``Disaster Relief'' report to the Committees on
Appropriations of the Senate and the House of Representatives
to include:
(1) status of the Disaster Relief fund including
obligations, allocations, and amounts undistributed/
unallocated;
(2) allocations, obligations, and expenditures for
Hurricanes Katrina, Rita, and Wilma and all open disasters;
(3) information on national flood insurance claims;
(4) obligations, allocations, and expenditures by State for
unemployment, crisis counseling, inspections, housing
assistance, manufactured housing, public assistance, and
individual assistance;
(5) mission assignment obligations by agency, including:
(A) the amounts to other agencies that are in suspense
because the Federal Emergency Management Agency has not yet
reviewed and approved the documentation supporting the
expenditure or for which an agency has been mission assigned
but has not submitted necessary documentation for
reimbursement;
(B) an explanation if the amounts of reported obligations
and expenditures do not reflect the status of such
obligations and expenditures from a government-wide
perspective; and
(C) each such agency's actual obligation and expenditure
data;
(6) the amount of credit card purchases by agency and
mission assignment;
(7) specific reasons for all waivers granted and a
description of each waiver;
(8) a list of all contracts that were awarded on a sole
source or limited competition basis, including the dollar
amount, the purpose of the contract, and the reason for the
lack of competitive award; and
(9) an estimate of when available appropriations will be
exhausted, assuming an average disaster season:
Provided further, That for any request for reimbursement from
a Federal agency to the Department to cover expenditures
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), or any mission
assignment orders issued by the Department for such purposes,
the Secretary of Homeland Security shall take appropriate
steps to ensure that each agency is periodically reminded of
Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
Disaster Assistance Direct Loan Program Account
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5162), $875,000, of which $580,000 is for administrative
expenses to carry out the direct loan program and $295,000 is
for the cost of direct loans: Provided, That gross
obligations for the principal amount of direct loans shall
not exceed $25,000,000: Provided further, That the cost of
modifying such loans shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a).
Flood Map Modernization Fund
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000,
and such additional sums as may be provided by State and
local governments or other political subdivisions for cost-
shared mapping activities under section 1360(f)(2) of such
Act, to remain available until expended: Provided, That total
administrative costs shall not exceed three percent of the
total amount appropriated under this heading.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.),
$145,000,000, which is available as follows: (1) not to
exceed $45,642,000 for salaries and expenses associated with
flood mitigation and flood insurance operations; and (2) no
less than $99,358,000 for flood hazard mitigation, which
shall be derived from offsetting collections assessed and
collected under section 1307 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4014), to remain available until
September 30, 2009, including up to $34,000,000 for flood
mitigation expenses under section 1366 of that Act (42 U.S.C.
4104c), which shall be available for transfer to the National
Flood Mitigation Fund under section 1367 of that Act (42
U.S.C. 4104) until September 30, 2009: Provided, That any
additional fees collected pursuant to section 1307 of that
Act shall be credited as an offsetting collection to this
account, to be available for flood hazard mitigation
expenses: Provided further, That in fiscal year 2008, no
funds shall be available from the National Flood Insurance
Fund under section 1310 of that Act (42 U.S.C. 4017) in
excess of: (1) $70,000,000 for operating expenses; (2)
$773,772,000 for commissions and taxes of agents; (3) such
sums as are necessary for interest on Treasury borrowings;
and (4) $90,000,000 for flood mitigation actions with respect
to severe repetitive loss properties under section 1361A of
that Act (42 U.S.C. 4102a) and repetitive insurance claims
properties under section 1323 of that Act (42 U.S.C. 4030),
which shall remain available until expended: Provided
further, That total administrative costs shall not exceed
four percent of the total appropriation.
National Flood Mitigation Fund
(including transfer of funds)
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National
Flood Insurance Act of 1968, $34,000,000 (42 U.S.C. 4104c),
to remain available until September 30, 2009, for activities
designed to reduce the risk of flood damage to structures
pursuant to such Act, of which $34,000,000 shall be derived
from the National Flood Insurance Fund.
national predisaster mitigation fund
For a predisaster mitigation grant program under title II
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.), $114,000,000, to
remain available until expended: Provided, That grants made
for predisaster mitigation shall be awarded subject to the
criteria in section 203(g) of such Act (42 U.S.C. 5133(g)):
Provided further, That the total administrative costs
associated with such grants shall not exceed three percent of
the total amount made available under this heading.
emergency food and shelter
To carry out an emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331 et seq.), $153,000,000, to remain available
until expended: Provided, That total administrative costs
shall not exceed 3.5 percent of the total amount made
available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $80,973,000: Provided, That of the amount provided
under this heading, $80,000,000 is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That of the total,
$20,000,000 is provided to address backlogs of security
checks associated with pending applications and petitions and
shall not be available for obligation until the Secretary of
Homeland Security and the United States Attorney General
submit to the Committees on Appropriations of the Senate and
the House of Representatives a plan to eliminate the backlog
of security checks that establishes information sharing
protocols to ensure United States Citizenship and Immigration
Services has the information it needs to carry out its
mission: Provided further, That notwithstanding any other
provision of law, funds available to United States
Citizenship and Immigration Services may be used to acquire,
operate, equip, and dispose of up to five vehicles for areas
where the Administrator of General Services does not provide
vehicles for lease: Provided further, That the Director of
United States Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use
such vehicles between the employees' residences and places of
employment.
Federal Law Enforcement Training Center
Salaries and Expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $238,076,000, of
which up to $48,111,000 for materials and support costs of
Federal law enforcement basic training shall remain available
until September 30, 2009; of which $300,000 shall remain
available until expended for Federal law enforcement agencies
participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for
the needs of participating agencies; and of
[[Page H15614]]
which not to exceed $12,000 shall be for official reception
and representation expenses: Provided, That of the amount
provided under this heading, $17,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act): Provided further, That the Center is
authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by
the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further,
That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note) as amended by Public Law 109-295 (120 Stat. 1374) is
further amended by striking ``December 31, 2007'' and
inserting ``December 31, 2010''.
Acquisitions, Construction, Improvements, and Related Expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $50,590,000, to remain available
until expended: Provided, That of the amount provided under
this heading, $4,000,000 is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That the Center is
authorized to accept reimbursement to this appropriation from
government agencies requesting the construction of special
use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.), $138,600,000: Provided, That not to exceed $10,000
shall be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.); $691,735,000, to remain available until expended:
Provided, That none of the funds made available under this
heading shall be obligated for the Analysis, Dissemination,
Visualization, Insight, and Semantic Enhancement program or
any follow-on or successor program.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by the second title XVIII of the
Homeland Security Act of 2002 and for management and
administration of programs and activities, $31,500,000:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear
research, development, testing, evaluation, and operations,
$323,500,000, to remain available until expended.
systems acquisition
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$129,750,000, to remain available until September 30, 2010:
Provided, That none of the funds appropriated under this
heading shall be obligated for full-scale procurement of
Advanced Spectroscopic Portal Monitors until the Secretary of
Homeland Security submits to the Committees on Appropriations
of the Senate and the House of Representatives a report
certifying that a significant increase in operational
effectiveness will be achieved: Provided further, That the
Secretary shall submit separate and distinct certifications
prior to the procurement of Advanced Spectroscopic Portal
Monitors for primary and secondary deployment that address
the unique requirements for operational effectiveness of each
type of deployment: Provided further, That the Secretary of
Homeland Security shall consult with the National Academy of
Sciences before making such certification: Provided further,
That none of the funds appropriated under this heading shall
be used for high-risk concurrent development and production
of mutually dependent software and hardware.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act: Provided, That balances so transferred
may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2008, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program, project, or activity; (2)
eliminates a program, project, office, or activity; (3)
increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5)
contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in
the object classification tables contained in the fiscal year
2008 Budget Appendix for the Department of Homeland Security,
as specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2008, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of
$5,000,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as
approved by the Congress; unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of
funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances which imminently threaten the safety of human
life or the protection of property.
Sec. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used
to make payments to the ``Department of Homeland Security
Working Capital Fund'', except for the activities and amounts
allowed in the President's fiscal year 2008 budget, excluding
sedan service, shuttle service, transit subsidy, mail
operations, parking, and competitive sourcing: Provided, That
any additional activities and amounts shall be approved by
the Committees on Appropriations of the Senate and the House
of Representatives 30 days in advance of obligation.
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2008 from appropriations
for salaries and expenses for fiscal year 2008 in this Act
shall remain available through September 30, 2009, in the
account and for the purposes for which the appropriations
were provided: Provided, That prior to the obligation of such
funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2008.
Sec. 507. The Federal Law Enforcement Training
Accreditation Board shall lead the Federal law enforcement
training accreditation process, to include representatives
from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
to continue the implementation of measuring and assessing the
quality and effectiveness of Federal law enforcement training
programs, facilities, and instructors.
Sec. 508. None of the funds in this Act may be used to make
a grant allocation, discretionary grant award, discretionary
contract award, or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly the intention
to make such an award, including a contract covered by the
Federal Acquisition Regulation, unless the Secretary of
Homeland Security notifies the Committees on Appropriations
of the Senate and the House of Representatives at least three
full business days in advance: Provided, That no notification
shall involve funds that are not available for obligation:
Provided further, That the notification shall include the
amount of the award, the fiscal year in which the funds for
the award were appropriated, and the account from which the
funds are being drawn: Provided further, That the Federal
Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
five full business days in advance of announcing publicly the
intention of making an award of State Homeland Security
grants; Urban Area Security Initiative grants; or Regional
Catastrophic Preparedness Grants.
[[Page H15615]]
Sec. 509. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 510. The Director of the Federal Law Enforcement
Training Center shall schedule basic and/or advanced law
enforcement training at all four training facilities under
the control of the Federal Law Enforcement Training Center to
ensure that these training centers are operated at the
highest capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus, if required under chapter 33 of title 40,
United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy
American Act (41 U.S.C. 10a et seq.).
Sec. 513. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deployment
or implementation, on other than a test basis, of the Secure
Flight program or any other follow-on or successor passenger
prescreening program, until the Secretary of Homeland
Security certifies, and the Government Accountability Office
reports, to the Committees on Appropriations of the Senate
and the House of Representatives, that all ten of the
conditions contained in paragraphs (1) through (10) of
section 522(a) of Public Law 108-334 (118 Stat. 1319) have
been successfully met.
(b) The report required by subsection (a) shall be
submitted within 90 days after the Secretary provides the
requisite certification, and periodically thereafter, if
necessary, until the Government Accountability Office
confirms that all ten conditions have been successfully met.
(c) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a detailed plan that describes: (1) the dates
for achieving key milestones, including the date or
timeframes that the Secretary will certify the program under
subsection (a); and (2) the methodology to be followed to
support the Secretary's certification, as required under
subsection (a).
(d) During the testing phase permitted by subsection (a),
no information gathered from passengers, foreign or domestic
air carriers, or reservation systems may be used to screen
aviation passengers, or delay or deny boarding to such
passengers, except in instances where passenger names are
matched to a Government watch list.
(e) None of the funds provided in this or previous
appropriations Acts may be utilized to develop or test
algorithms assigning risk to passengers whose names are not
on Government watch lists.
(f) None of the funds provided in this or any other Act may
be used for data or a database that is obtained from or
remains under the control of a non-Federal entity: Provided,
That this restriction shall not apply to Passenger Name
Record data obtained from air carriers.
Sec. 514. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 515. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as
of June 1, 2004, by employees (including employees serving on
a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security
who are known as of that date as Immigration Information
Officers, Contact Representatives, or Investigative
Assistants.
Sec. 516. None of the funds appropriated to the United
States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security: Provided, That the Director of the United
States Secret Service may enter into an agreement to perform
such service on a fully reimbursable basis.
Sec. 517. Section 517(b) of the Department of Homeland
Security Appropriations Act, 2007 (18 U.S.C. 3056 note) is
amended to read as follows:
``(b) For fiscal year 2008, and each fiscal year
thereafter, the Director of the United States Secret Service
may enter into an agreement to perform protection of a
Federal official other than a person granted protection under
section 3056(a) of title 18, United States Code, on a fully
reimbursable basis.''.
Sec. 518. (a) The Secretary of Homeland Security shall
research, develop, and procure new technologies to inspect
and screen air cargo carried on passenger aircraft at the
earliest date possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried
on passenger aircraft to the greatest extent practicable at
each airport until technologies developed under subsection
(a) are available.
(c) The Assistant Secretary (Transportation Security
Administration) shall work with air carriers and airports to
ensure that the screening of cargo carried on passenger
aircraft, as defined in section 44901(g)(5) of title 49,
United States Code, increases incrementally each quarter.
(d) Not later than 45 days after the end of each quarter,
the Assistant Secretary (Transportation Security
Administration) shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on air cargo inspection statistics by airport and
air carrier detailing the incremental progress being made to
meet section 44901(g)(2) of title 49, United States Code.
Sec. 519. None of the funds made available in this Act may
be used by any person other than the Privacy Officer
appointed under section 222 of the Homeland Security Act of
2002 (6 U.S.C. 142) to alter, direct that changes be made to,
delay, or prohibit the transmission to Congress of any report
prepared under paragraph (6) of such section.
Sec. 520. No funding made available to the Department of
Homeland Security in this Act shall be available to pay the
salary of any employee serving as a contracting officer's
technical representative (COTR), or anyone acting in a
similar capacity, who has not received COTR training.
Sec. 521. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support''
for fiscal years 2004, 2005, 2006, and 2007 that are
recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems,
for air cargo, baggage, and checkpoint screening systems,
subject to notification: Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives on any funds that are
recovered or deobligated.
Sec. 522. Section 525(d) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1382) shall apply to fiscal year 2008.
Sec. 523. Any funds appropriated to United States Coast
Guard, ``Acquisition, Construction, and Improvements'' for
fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123
foot patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the
Replacement Patrol Boat (FRC-B) program.
Sec. 524. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
during fiscal year 2008.
Sec. 525. None of the funds provided in this Act shall be
available to commence operations of the National Applications
Office or the National Immigration Information Sharing
Operation until the Secretary certifies that these programs
comply with all existing laws, including all applicable
privacy and civil liberties standards, and that certification
is reviewed by the Government Accountability Office.
Sec. 526. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget
and staffing report that includes total obligations, on-board
versus funded full-time equivalent staffing levels, and the
number of contract employees by office.
Sec. 527. Section 532(a) of Public Law 109-295 is amended
by striking ``2007'' and inserting ``2008''.
Sec. 528. None of the funds made available by this Act
shall be used in contravention of the Federal buildings
performance and reporting requirements of Executive Order No.
13123, part 3 of title V of the National Energy Conservation
Policy Act (42 U.S.C. 8251 et seq.), or subtitle A of title I
of the Energy Policy Act of 2005 (including the amendments
made thereby).
Sec. 529. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 530. None of the funds made available in this Act may
be used in contravention of section 303 of the Energy Policy
Act of 1992 (42 U.S.C. 13212).
Sec. 531. None of the funds made available by this Act may
be used to take an action that would violate Executive Order
No. 13149 (65 Fed. Reg. 24607; relating to greening the
Government through Federal fleet and transportation
efficiency).
Sec. 532. Subsections (a), (b), and (d)(1) of section 6402
of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28) shall apply to fiscal year 2008.
Sec. 533. None of the funds provided by this or any other
Act may be obligated for the development, testing,
deployment, or operation of any system related to the MAX-HR
project, or any subsequent but related human resources
management project, until any pending litigation concerning
such activities is resolved, and any legal claim or appeal by
either party has been fully resolved.
Sec. 534. Section 550 of the Department of Homeland
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is
amended by adding at the end the following:
``(h) This section shall not preclude or deny any right of
any State or political subdivision thereof to adopt or
enforce any regulation, requirement, or standard of
performance with respect to chemical facility security that
is more stringent than a regulation, requirement, or standard
of performance issued under this section, or otherwise impair
any right or jurisdiction of any State with respect to
chemical facilities within that State, unless there is an
actual conflict between this section and the law of that
State.''.
[[Page H15616]]
Sec. 535. (a) Amendments Relating to the Civil Service
Retirement System.--
(1) Definitions.--Section 8331 of title 5, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph (28), by
striking the period at the end of the first paragraph (29)
and inserting a semicolon, by redesignating the second
paragraph (29) as paragraph (30), and by striking the period
at the end of paragraph (30) (as so redesignated) and
inserting ``; and''; and
(B) by adding at the end the following:
``(31) `customs and border protection officer' means an
employee in the Department of Homeland Security (A) who holds
a position within the GS-1895 job series (determined applying
the criteria in effect as of September 1, 2007) or any
successor position, and (B) whose duties include activities
relating to the arrival and departure of persons,
conveyances, and merchandise at ports of entry, including any
such employee who is transferred directly to a supervisory or
administrative position in the Department of Homeland
Security after performing such duties (as described in
subparagraph (B)) in 1 or more positions (as described in
subparagraph (A)) for at least 3 years.''.
(2) Deductions, contributions, and deposits.--Section 8334
of title 5, United States Code, is amended--
(A) in subsection (a)(1)(A), by striking ``or nuclear
materials courier,'' and inserting ``nuclear materials
courier, or customs and border protection officer,''; and
(B) in the table contained in subsection (c), by adding at
the end the following:
``Customs and border protection 7.5 After June 29, 2008.''.
officer
(3) Mandatory separation.--The first sentence of section
8335(b)(1) of title 5, United States Code, is amended by
striking ``or nuclear materials courier'' and inserting
``nuclear materials courier, or customs and border protection
officer''.
(4) Immediate retirement.--Section 8336 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by striking ``or nuclear
materials courier'' and inserting ``nuclear materials
courier, or customs and border protection officer''; and
(B) in subsections (m) and (n), by striking ``or as a law
enforcement officer,'' and inserting ``as a law enforcement
officer, or as a customs and border protection officer,''.
(b) Amendments Relating to the Federal Employees'
Retirement System.--
(1) Definitions.--Section 8401 of title 5, United States
Code, is amended--
(A) in paragraph (34), by striking ``and'' at the end;
(B) in paragraph (35), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(36) the term `customs and border protection officer'
means an employee in the Department of Homeland Security (A)
who holds a position within the GS-1895 job series
(determined applying the criteria in effect as of September
1, 2007) or any successor position, and (B) whose duties
include activities relating to the arrival and departure of
persons, conveyances, and merchandise at ports of entry,
including any such employee who is transferred directly to a
supervisory or administrative position in the Department of
Homeland Security after performing such duties (as described
in subparagraph (B)) in 1 or more positions (as described in
subparagraph (A)) for at least 3 years.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of
section 8412(d) of title 5, United States Code, are amended
by striking ``or nuclear materials courier,'' and inserting
``nuclear materials courier, or customs and border protection
officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2) of
title 5, United States Code, is amended by striking ``or air
traffic controller.'' and inserting ``air traffic controller,
or customs and border protection officer''.
(4) Deductions from pay.--The table contained in section
8422(a)(3) of title 5, United States Code, is amended by
adding at the end the following:
``Customs and border protection 7.5 After June 29, 2008.''.
officer
(5) Government contributions.--Paragraphs (1)(B)(i) and (3)
of section 8423(a) of title 5, United States Code, are
amended by inserting ``customs and border protection
officers,'' after ``nuclear materials couriers,'' each place
it appears.
(6) Mandatory separation.--Section 8425(b)(1) of title 5,
United States Code, is amended--
(A) by striking ``or nuclear materials courier who'' and
inserting ``nuclear materials courier, or customs and border
protection officer who''; and
(B) by striking ``or nuclear materials courier,'' and
inserting ``nuclear materials courier, or customs and border
protection officer''.
(c) Maximum Age for Original Appointment.--Section 3307 of
title 5, United States Code, is amended by adding at the end
the following:
``(g) The Secretary of Homeland Security may determine and
fix the maximum age limit for an original appointment to a
position as a customs and border protection officer, as
defined by section 8401(36).''.
(d) Regulations.--Any regulations necessary to carry out
the amendments made by this section shall be prescribed by
the Director of the Office of Personnel Management in
consultation with the Secretary of Homeland Security.
(e) Effective Date; Transition Rules.--
(1) Effective date.--The amendments made by this section
shall become effective on the later of June 30, 2008, or the
first day of the first pay period beginning at least 6 months
after the date of the enactment of this Act.
(2) Transition rules.--
(A) Nonapplicability of mandatory separation provisions to
certain individuals.--The amendments made by subsections
(a)(3) and (b)(6), respectively, shall not apply to an
individual first appointed as a customs and border protection
officer before the effective date under paragraph (1).
(B) Treatment of prior cbpo service.--
(i) General rule.--Except as provided in clause (ii),
nothing in this section or any amendment made by this section
shall be considered to apply with respect to any service
performed as a customs and border protection officer before
the effective date under paragraph (1).
(ii) Exception.--Service described in section 8331(31) or
8401(36) of title 5, United States Code (as amended by this
section) rendered before the effective date under paragraph
(1) may be taken into account to determine if an individual
who is serving on or after such effective date then qualifies
as a customs and border protection officer by virtue of
holding a supervisory or administrative position in the
Department of Homeland Security.
(C) Minimum annuity amount.--The annuity of an individual
serving as a customs and border protection officer on the
effective date under paragraph (1) pursuant to an appointment
made before that date shall, to the extent that its
computation is based on service rendered as a customs and
border protection officer on or after that date, be at least
equal to the amount that would be payable--
(i) to the extent that such service is subject to the Civil
Service Retirement System, by applying section 8339(d) of
title 5, United States Code, with respect to such service;
and
(ii) to the extent such service is subject to the Federal
Employees' Retirement System, by applying section 8415(d) of
title 5, United States Code, with respect to such service.
(D) Rule of construction.--Nothing in the amendment made by
subsection (c) shall be considered to apply with respect to
any appointment made before the effective date under
paragraph (1).
(3) Election.--
(A) Incumbent defined.--For purposes of this paragraph, the
term ``incumbent'' means an individual who is serving as a
customs and border protection officer on the date of the
enactment of this Act.
(B) Notice requirement.--Not later than 30 days after the
date of the enactment of this Act, the Director of the Office
of Personnel Management shall take measures reasonably
designed to ensure that incumbents are notified as to their
election rights under this paragraph, and the effect of
making or not making a timely election.
(C) Election available to incumbents.--
(i) In general.--An incumbent may elect, for all purposes,
either--
(I) to be treated in accordance with the amendments made by
subsection (a) or (b), as applicable; or
(II) to be treated as if subsections (a) and (b) had never
been enacted.
Failure to make a timely election under this paragraph shall
be treated in the same way as an election made under
subclause (I) on the last day allowable under clause (ii).
(ii) Deadline.--An election under this paragraph shall not
be effective unless it is made at least 14 days before the
effective date under paragraph (1).
(4) Definition.--For purposes of this subsection, the term
``customs and border protection officer'' has the meaning
given such term by section 8331(31) or 8401(36) of title 5,
United States Code (as amended by this section).
(5) Exclusion.--Nothing in this section or any amendment
made by this section shall be considered to afford any
election or to otherwise apply with respect to any individual
who, as of the day before the date of the enactment of this
Act--
(A) holds a position within U.S. Customs and Border
Protection; and
(B) is considered a law enforcement officer for purposes of
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code, by virtue of such position.
Sec. 536. In fiscal year 2008, none of funds made available
in this or any other Act may be used to enforce section
4025(1) of Public Law 108-458 unless the Assistant Secretary
(Transportation Security Administration) reverses the
determination of July 19, 2007, that butane lighters are not
a significant threat to civil aviation security.
Sec. 537. None of the funds provided in this Act may be
used to alter or reduce operations within the Civil
Engineering Program of the Coast Guard nationwide, including
the civil engineering units, facilities, design and
construction centers, maintenance and logistics command
centers, and the Coast Guard Academy, except as specifically
authorized by a statute enacted after the date of enactment
of this Act.
Sec. 538. The cumulative amount appropriated in title I of
this Act for the ``Office of the Secretary and Executive
Management'' and the ``Office of the Under Secretary for
Management'' shall be reduced by $5,000,000.
Sec. 539. (a) Except as provided in subsection (b), none of
the funds appropriated in this Act to the Office of the
Secretary and Executive Management, the Office of the Under
Secretary for Management and the Office of the Chief
Financial Officer, may be obligated for a grant or contract
awarded by a means other than full and open competition.
(b) This section does not apply to obligation of funds for
a contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase
[[Page H15617]]
made under a mandated preferential program, such as the
AbilityOne Program, that is authorized under the Javits-
Wagner-O'Day Act (41 U.S.C. 46-48c); or
(2) under the Small Business Act (15 U.S.C. 631 et seq.).
(c) The Secretary of Homeland Security may waive the
application of this section to the award of a contract in the
period of a national emergency determined by the Secretary.
(d) In addition to the requirements established by this
section, the Inspector General for the Department of Homeland
Security shall review departmental contracts awarded through
other than full and open competition to assess departmental
compliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected contracts
awarded during the previous fiscal year through other than
full and open competition: Provided further, That in
determining which contracts to review, the Inspector General
shall consider the cost and complexity of the goods and
services to be provided under the contract, the criticality
of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected
vendor, complaints received about the award process or
contractor performance, and such other factors as the
Inspector General deems relevant: Provided further, That the
Inspector General shall report the results of the reviews to
the Committees on Appropriations of the Senate and the House
of Representatives.
Sec. 540. Section 44940(a)(2) of title 49, United States
Code, is amended by striking the period in the last sentence
of subparagraph (A) and the clause (iv) of subparagraph B and
adding the following, ``except for estimates and additional
collections made pursuant to the appropriation for Aviation
Security in Public Law 108-334: Provided, That such judicial
review shall be pursuant to section 46110 of title 49, United
States Code: Provided further, That such judicial review
shall be limited only to additional amounts collected by the
Secretary before October 1, 2007.''.
Sec. 541. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act
declared disasters or emergencies.
Sec. 542. Section 46301(a) of title 49, United States Code,
is amended by adding at the end the following:
``(6) Failure To Collect Airport Security Badges.--
Notwithstanding paragraph (1), any employer (other than a
governmental entity or airport operator) who employs an
employee to whom an airport security badge or other
identifier used to obtain access to a secure area of an
airport is issued before, on, or after the date of enactment
of this paragraph and who does not collect or make reasonable
efforts to collect such badge from the employee on the date
that the employment of the employee is terminated and does
not notify the operator of the airport of such termination
within 24 hours of the date of such termination shall be
liable to the Government for a civil penalty not to exceed
$10,000.''.
Sec. 543. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the grant of the benefit have been received by United States
Citizenship and Immigration Services, and the results do not
preclude the grant of the benefit.
Sec. 544. None of the funds made available in this Act may
be used to destroy or put out to pasture any horse or other
equine belonging to the Federal Government that has become
unfit for service, unless the trainer or handler is first
given the option to take possession of the equine through an
adoption program that has safeguards against slaughter and
inhumane treatment.
Sec. 545. Extension of the Implementation Deadline for the
Western Hemisphere Travel Initiative. Subparagraph (A) of
section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
note) is amended by striking ``This plan shall be implemented
not later than three months after the Secretary of State and
the Secretary of Homeland Security make the certifications
required in subsection (B), or June 1, 2009, whichever is
earlier.'' and inserting ``Such plan may not be implemented
earlier than the date that is the later of 3 months after the
Secretary of State and the Secretary of Homeland Security
make the certification required in subparagraph (B) or June
1, 2009.''.
Sec. 546. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 547. None of the funds provided in this Act under the
heading ``Office of the Chief Information Officer'' shall be
used for data center development other than for the National
Center for Critical Information Processing and Storage until
the Chief Information Officer certifies that the National
Center for Critical Information Processing and Storage is
fully utilized, to the maximum extent feasible, as the
Department's primary data storage center at the highest
capacity throughout the fiscal year.
Sec. 548. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 549. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 550. (a) Notwithstanding section 503 of this Act, up
to $24,000,000 from prior year balances currently available
to the Transportation Security Administration may be
transferred to ``Transportation Threat Assessment and
Credentialing'' for the Secure Flight program.
(b) In carrying out the transfer authority under subsection
(a), the Transportation Security Administration shall not
utilize any prior year balances from the following programs:
screener partnership program; explosives detection system
purchase; explosives detection system installation;
checkpoint support; aviation regulation and other
enforcement; air cargo; and air cargo research and
development: Provided, That any funds proposed to be
transferred under this section shall not be available for
obligation until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure for such funds that is submitted by the
Secretary of Homeland Security: Provided further, That the
plan shall be submitted simultaneously to the Government
Accountability Office for review consistent with its ongoing
assessment of the Secure Flight Program as mandated by
section 522(a) of Public Law 108-334 (118 Stat. 1319).
Sec. 551. Rescissions. (a) The following unobligated
balances made available pursuant to section 505 of Public Law
109-295 are rescinded: $2,003,441 from U.S. Customs and
Border Protection ``Salaries and Expenses''; $9,583,611 from
Coast Guard ``Operating Expenses''; $672,230 from ``United
States Citizenship and Immigration Services''; $2,790,513
from Federal Emergency Management Agency ``Management and
Administration''; $127,994 from Federal Emergency Management
Agency ``Disaster Assistance Direct Loan Program Account'';
$5,136,819 from U.S. Immigration and Customs Enforcement
``Salaries and Expenses''; $333,520 from Federal Law
Enforcement Training Center ``Salaries and Expenses'';
$4,211,376 from the ``Office of the Secretary and Executive
Management''; $443,672 from the ``Office of the Under
Secretary for Management''; $380,166 from the ``Office of the
Chief Financial Officer''; $493,106 from the ``Office of the
Chief Information Officer''; $368,166 from Domestic Nuclear
Detection Office ``Management and Administration''; $45,369
from the ``Office of Health Affairs''; $32,299 from the
``Office of Inspector General''; $1,994,454 from National
Protection and Programs Directorate ``Management and
Administration''; and $216,727 from Science and Technology
``Management and Administration''.
(b) From the unobligated balances of funds transferred to
the Department of Homeland Security when it was created in
2003, $59,286,537 are rescinded: Provided, That the
rescission made under this subsection shall not be executed
from the following programs: Coast Guard Retired Pay; U.S.
Immigration and Customs Enforcement Violent Crime Reduction
Program; Federal Law Enforcement Training Center Instructor
Salaries; and Federal Emergency Management Agency National
Security Support.
(c) Of the amounts available under the heading
``Counterterrorism Fund'', $8,480,000 are rescinded.
(d) Of the unobligated balances available in the
``Department of Homeland Security, Transportation Security
Administration Expenses'' account, $4,500,000 are rescinded.
Sec. 552. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall, under the Federal
Emergency Management Agency Public Assistance Program,
provide a single payment for any eligible costs for local
educational agencies impacted by Hurricanes Katrina or Rita
within 30 days of such request: Provided, That the payment
for schools in Louisiana shall be submitted to the Louisiana
Department of Education, which may expend up to three percent
of those funds for administrative costs: Provided further,
That the Federal Emergency Management Agency shall not reduce
assistance in accordance with section 406(c)(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act for
local educational agencies impacted by Hurricanes Katrina or
Rita: Provided further, That nothing in the previous proviso
shall be construed to alter the appeals or review process:
Provided further, That section 406(d) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act shall
not apply to more than one facility on a school site impacted
by Hurricanes Katrina or Rita.
Sec. 553. Technical Corrections. (a) In General.--
(1) Redesignations.--Chapter 27 of title 18, United States
Code, is amended by redesignating section 554 added by
section 551(a) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389)
(relating to border tunnels and passages) as section 555.
(2) Table of sections.--The table of sections for chapter
27 of title 18, United States Code, is amended by striking
the item relating to section 554, ``Border tunnels and
passages'', and inserting the following:
``555. Border tunnels and passages.''.
(b) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by striking ``554'' and
inserting ``555''.
(c) Directive to the United States Sentencing Commission.--
Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ``554''
and inserting ``555''.
Sec. 554. Sections 2241, 2242, 2243, and 2244 of title 18,
United States Code, are each amended by striking ``the
Attorney General'' each place that term appears and inserting
``the head of any Federal department or agency''.
Sec. 555. Not later than 30 days after the date of
enactment of this Act--
(1) the Secretary of Homeland Security shall establish and
maintain on the homepage of the website of the Department of
Homeland Security, a direct link to the website of the Office
of
[[Page H15618]]
Inspector General of the Department of Homeland Security; and
(2) the Inspector General of the Department of Homeland
Security shall establish and maintain on the homepage of the
website of the Office of Inspector General a direct link for
individuals to anonymously report waste, fraud, or abuse.
Sec. 556. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 557. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland
Security that are not verified through the basic pilot
program required under section 401 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note).
Sec. 558. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 559. None of the funds made available in this Act may
be used by the Secretary of Homeland Security or any delegate
of the Secretary to issue any rule or regulation which
implements the Notice of Proposed Rulemaking related to
Petitions for Aliens To Perform Temporary Nonagricultural
Services or Labor (H-2B) set out beginning on 70 Federal
Register 3984 (January 27, 2005).
Sec. 560. Notwithstanding any other provision of law,
Watsonville Community Hospital, or its successor trust, shall
not be required to pay the Federal Emergency Management
Agency additional funds related to DR-845.
Sec. 561. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide, under the
Federal Emergency Management Agency Public Assistance
Program, the relocation costs as estimated by the Federal
Emergency Management Agency on May 5, 2006, for the Peebles
School in Iberia Parish, Louisiana, which was damaged by
Hurricane Rita in 2005.
Sec. 562. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide, under the
Federal Emergency Management Agency Public Assistance
Program, the currently uncompensated debris removal costs
from Super Typhoon Paka and the firefighting costs associated
with the Malojloj hardfill fire in 1998.
Sec. 563. Secure Handling of Ammonium Nitrate.--(a) In
General.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by adding at the end the
following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``SEC. 899A. DEFINITIONS.
``In this subtitle:
``(1) Ammonium nitrate.--The term `ammonium nitrate'
means--
``(A) solid ammonium nitrate that is chiefly the ammonium
salt of nitric acid and contains not less than 33 percent
nitrogen by weight; and
``(B) any mixture containing a percentage of ammonium
nitrate that is equal to or greater than the percentage
determined by the Secretary under section 899B(b).
``(2) Ammonium nitrate facility.--The term `ammonium
nitrate facility' means any entity that produces, sells or
otherwise transfers ownership of, or provides application
services for ammonium nitrate.
``(3) Ammonium nitrate purchaser.--The term `ammonium
nitrate purchaser' means any person who purchases ammonium
nitrate from an ammonium nitrate facility.
``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM
NITRATE.
``(a) In General.--The Secretary shall regulate the sale
and transfer of ammonium nitrate by an ammonium nitrate
facility in accordance with this subtitle to prevent the
misappropriation or use of ammonium nitrate in an act of
terrorism.
``(b) Ammonium Nitrate Mixtures.--Not later than 90 days
after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary of
Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium
nitrate in a substance.
``(c) Registration of Owners of Ammonium Nitrate
Facilities.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) owns an ammonium nitrate facility is required to
register with the Department; and
``(B) registers under subparagraph (A) is issued a
registration number for purposes of this subtitle.
``(2) Registration information.--Any person applying to
register under paragraph (1) shall submit to the Secretary--
``(A) the name, address, and telephone number of each
ammonium nitrate facility owned by that person;
``(B) the name of the person designated by that person as
the point of contact for each such facility, for purposes of
this subtitle; and
``(C) such other information as the Secretary may determine
is appropriate.
``(d) Registration of Ammonium Nitrate Purchasers.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) intends to be an ammonium nitrate purchaser is
required to register with the Department; and
``(B) registers under subparagraph (A) is issued a
registration number for purposes of this subtitle.
``(2) Registration information.--Any person applying to
register under paragraph (1) as an ammonium nitrate purchaser
shall submit to the Secretary--
``(A) the name, address, and telephone number of the
applicant; and
``(B) the intended use of ammonium nitrate to be purchased
by the applicant.
``(e) Records.--
``(1) Maintenance of records.--The owner of an ammonium
nitrate facility shall--
``(A) maintain a record of each sale or transfer of
ammonium nitrate, during the two-year period beginning on the
date of that sale or transfer; and
``(B) include in such record the information described in
paragraph (2).
``(2) Specific information required.--For each sale or
transfer of ammonium nitrate, the owner of an ammonium
nitrate facility shall--
``(A) record the name, address, telephone number, and
registration number issued under subsection (c) or (d) of
each person that purchases ammonium nitrate, in a manner
prescribed by the Secretary;
``(B) if applicable, record the name, address, and
telephone number of an agent acting on behalf of the person
described in subparagraph (A), at the point of sale;
``(C) record the date and quantity of ammonium nitrate sold
or transferred; and
``(D) verify the identity of the persons described in
subparagraphs (A) and (B), as applicable, in accordance with
a procedure established by the Secretary.
``(3) Protection of information.--In maintaining records in
accordance with paragraph (1), the owner of an ammonium
nitrate facility shall take reasonable actions to ensure the
protection of the information included in such records.
``(f) Exemption for Explosive Purposes.--The Secretary may
exempt from this subtitle a person producing, selling, or
purchasing ammonium nitrate exclusively for use in the
production of an explosive under a license or permit issued
under chapter 40 of title 18, United States Code.
``(g) Consultation.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture,
States, and appropriate private sector entities, to ensure
that the access of agricultural producers to ammonium nitrate
is not unduly burdened.
``(h) Data Confidentiality.--
``(1) In general.--Notwithstanding section 552 of title 5,
United States Code, or the USA PATRIOT ACT (Public Law 107-
56; 115 Stat. 272), and except as provided in paragraph (2),
the Secretary may not disclose to any person any information
obtained under this subtitle.
``(2) Exception.--The Secretary may disclose any
information obtained by the Secretary under this subtitle
to--
``(A) an officer or employee of the United States, or a
person that has entered into a contract with the United
States, who has a need to know the information to perform the
duties of the officer, employee, or person; or
``(B) to a State agency under section 899D, under
appropriate arrangements to ensure the protection of the
information.
``(i) Registration Procedures and Check of Terrorist
Screening Database.--
``(1) Registration procedures.--
``(A) Generally.--The Secretary shall establish procedures
to efficiently receive applications for registration numbers
under this subtitle, conduct the checks required under
paragraph (2), and promptly issue or deny a registration
number.
``(B) Initial six-month registration period.--The Secretary
shall take steps to maximize the number of registration
applications that are submitted and processed during the six-
month period described in section 899F(e).
``(2) Check of terrorist screening database.--
``(A) Check required.--The Secretary shall conduct a check
of appropriate identifying information of any person seeking
to register with the Department under subsection (c) or (d)
against identifying information that appears in the terrorist
screening database of the Department.
``(B) Authority to deny registration number.--If the
identifying information of a person seeking to register with
the Department under subsection (c) or (d) appears in the
terrorist screening database of the Department, the Secretary
may deny issuance of a registration number under this
subtitle.
``(3) Expedited review of applications.--
``(A) In general.--Following the six-month period described
in section 899F(e), the Secretary shall, to the extent
practicable, issue or deny registration numbers under this
subtitle not later than 72 hours after the time the Secretary
receives a complete registration application, unless the
Secretary determines, in the interest of national security,
that additional time is necessary to review an application.
``(B) Notice of application status.--In all cases, the
Secretary shall notify a person seeking to register with the
Department under subsection (c) or (d) of the status of the
application of that person not later than 72 hours after the
time the Secretary receives a complete registration
application.
``(4) Expedited appeals process.--
``(A) Requirement.--
[[Page H15619]]
``(i) Appeals process.--The Secretary shall establish an
expedited appeals process for persons denied a registration
number under this subtitle.
``(ii) Time period for resolution.--The Secretary shall, to
the extent practicable, resolve appeals not later than 72
hours after receiving a complete request for appeal unless
the Secretary determines, in the interest of national
security, that additional time is necessary to resolve an
appeal.
``(B) Consultation.--The Secretary, in developing the
appeals process under subparagraph (A), shall consult with
appropriate stakeholders.
``(C) Guidance.--The Secretary shall provide guidance
regarding the procedures and information required for an
appeal under subparagraph (A) to any person denied a
registration number under this subtitle.
``(5) Restrictions on use and maintenance of information.--
``(A) In general.--Any information constituting grounds for
denial of a registration number under this section shall be
maintained confidentially by the Secretary and may be used
only for making determinations under this section.
``(B) Sharing of information.--Notwithstanding any other
provision of this subtitle, the Secretary may share any such
information with Federal, State, local, and tribal law
enforcement agencies, as appropriate.
``(6) Registration information.--
``(A) Authority to require information.--The Secretary may
require a person applying for a registration number under
this subtitle to submit such information as may be necessary
to carry out the requirements of this section.
``(B) Requirement to update information.--The Secretary may
require persons issued a registration under this subtitle to
update registration information submitted to the Secretary
under this subtitle, as appropriate.
``(7) Re-checks against terrorist screening database.--
``(A) Re-checks.--The Secretary shall, as appropriate,
recheck persons provided a registration number pursuant to
this subtitle against the terrorist screening database of the
Department, and may revoke such registration number if the
Secretary determines such person may pose a threat to
national security.
``(B) Notice of revocation.--The Secretary shall, as
appropriate, provide prior notice to a person whose
registration number is revoked under this section and such
person shall have an opportunity to appeal, as provided in
paragraph (4).
``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.
``The Secretary shall establish a process for the periodic
inspection and auditing of the records maintained by owners
of ammonium nitrate facilities for the purpose of monitoring
compliance with this subtitle or for the purpose of deterring
or preventing the misappropriation or use of ammonium nitrate
in an act of terrorism.
``SEC. 899D. ADMINISTRATIVE PROVISIONS.
``(a) Cooperative Agreements.--The Secretary--
``(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State department
of agriculture or its designee involved in agricultural
regulation, in consultation with the State agency responsible
for homeland security, to carry out the provisions of this
subtitle; and
``(2) wherever possible, shall seek to cooperate with State
agencies or their designees that oversee ammonium nitrate
facility operations when seeking cooperative agreements to
implement the registration and enforcement provisions of this
subtitle.
``(b) Delegation.--
``(1) Authority.--The Secretary may delegate to a State the
authority to assist the Secretary in the administration and
enforcement of this subtitle.
``(2) Delegation required.--At the request of a Governor of
a State, the Secretary shall delegate to that State the
authority to carry out functions under sections 899B and
899C, if the Secretary determines that the State is capable
of satisfactorily carrying out such functions.
``(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to a
State under this subsection, the Secretary shall provide to
that State sufficient funds to carry out the delegated
functions.
``(c) Provision of Guidance and Notification Materials to
Ammonium Nitrate Facilities.--
``(1) Guidance.--The Secretary shall make available to each
owner of an ammonium nitrate facility registered under
section 899B(c)(1) guidance on--
``(A) the identification of suspicious ammonium nitrate
purchases or transfers or attempted purchases or transfers;
``(B) the appropriate course of action to be taken by the
ammonium nitrate facility owner with respect to such a
purchase or transfer or attempted purchase or transfer,
including--
``(i) exercising the right of the owner of the ammonium
nitrate facility to decline sale of ammonium nitrate; and
``(ii) notifying appropriate law enforcement entities; and
``(C) additional subjects determined appropriate to prevent
the misappropriation or use of ammonium nitrate in an act of
terrorism.
``(2) Use of materials and programs.--In providing guidance
under this subsection, the Secretary shall, to the extent
practicable, leverage any relevant materials and programs.
``(3) Notification materials.--
``(A) In general.--The Secretary shall make available
materials suitable for posting at locations where ammonium
nitrate is sold.
``(B) Design of materials.--Materials made available under
subparagraph (A) shall be designed to notify prospective
ammonium nitrate purchasers of--
``(i) the record-keeping requirements under section 899B;
and
``(ii) the penalties for violating such requirements.
``SEC. 899E. THEFT REPORTING REQUIREMENT.
``Any person who is required to comply with section 899B(e)
who has knowledge of the theft or unexplained loss of
ammonium nitrate shall report such theft or loss to the
appropriate Federal law enforcement authorities not later
than 1 calendar day of the date on which the person becomes
aware of such theft or loss. Upon receipt of such report, the
relevant Federal authorities shall inform State, local, and
tribal law enforcement entities, as appropriate.
``SEC. 899F. PROHIBITIONS AND PENALTY.
``(a) Prohibitions.--
``(1) Taking possession.--No person shall purchase ammonium
nitrate from an ammonium nitrate facility unless such person
is registered under subsection (c) or (d) of section 899B, or
is an agent of a person registered under subsection (c) or
(d) of that section.
``(2) Transferring possession.--An owner of an ammonium
nitrate facility shall not transfer possession of ammonium
nitrate from the ammonium nitrate facility to any ammonium
nitrate purchaser who is not registered under subsection (c)
or (d) of section 899B, or to any agent acting on behalf of
an ammonium nitrate purchaser when such purchaser is not
registered under subsection (c) or (d) of section 899B.
``(3) Other prohibitions.--No person shall--
``(A) purchase ammonium nitrate without a registration
number required under subsection (c) or (d) of section 899B;
``(B) own or operate an ammonium nitrate facility without a
registration number required under section 899B(c); or
``(C) fail to comply with any requirement or violate any
other prohibition under this subtitle.
``(b) Civil Penalty.--A person that violates this subtitle
may be assessed a civil penalty by the Secretary of not more
than $50,000 per violation.
``(c) Penalty Considerations.--In determining the amount of
a civil penalty under this section, the Secretary shall
consider--
``(1) the nature and circumstances of the violation;
``(2) with respect to the person who commits the violation,
any history of prior violations, the ability to pay the
penalty, and any effect the penalty is likely to have on the
ability of such person to do business; and
``(3) any other matter that the Secretary determines that
justice requires.
``(d) Notice and Opportunity for a Hearing.--No civil
penalty may be assessed under this subtitle unless the person
liable for the penalty has been given notice and an
opportunity for a hearing on the violation for which the
penalty is to be assessed in the county, parish, or
incorporated city of residence of that person.
``(e) Delay in Application of Prohibition.--Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date
that is 6 months after the date that the Secretary issues a
final rule implementing this subtitle.
``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.
``(a) In General.--Notwithstanding any other provision of
law, an owner of an ammonium nitrate facility that in good
faith refuses to sell or transfer ammonium nitrate to any
person, or that in good faith discloses to the Department or
to appropriate law enforcement authorities an actual or
attempted purchase or transfer of ammonium nitrate, based
upon a reasonable belief that the person seeking purchase or
transfer of ammonium nitrate may use the ammonium nitrate to
create an explosive device to be employed in an act of
terrorism (as defined in section 3077 of title 18, United
States Code), or to use ammonium nitrate for any other
unlawful purpose, shall not be liable in any civil action
relating to that refusal to sell ammonium nitrate or that
disclosure.
``(b) Reasonable Belief.--A reasonable belief that a person
may use ammonium nitrate to create an explosive device to be
employed in an act of terrorism under subsection (a) may not
solely be based on the race, sex, national origin, creed,
religion, status as a veteran, or status as a member of the
Armed Forces of the United States of that person.
``SEC. 899H. PREEMPTION OF OTHER LAWS.
``(a) Other Federal Regulations.--Except as provided in
section 899G, nothing in this subtitle affects any regulation
issued by any agency other than an agency of the Department.
``(b) State Law.--Subject to section 899G, this subtitle
preempts the laws of any State to the extent that such laws
are inconsistent with this subtitle, except that this
subtitle shall not preempt any State law that provides
additional protection against the acquisition of ammonium
nitrate by terrorists or the use of ammonium nitrate in
explosives in acts of terrorism or for other illicit
purposes, as determined by the Secretary.
``SEC. 899I. DEADLINES FOR REGULATIONS.
``The Secretary--
``(1) shall issue a proposed rule implementing this
subtitle not later than 6 months after the date of the
enactment of this subtitle; and
``(2) issue a final rule implementing this subtitle not
later than 1 year after such date of enactment.
``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the
Secretary--
``(1) $2,000,000 for fiscal year 2008; and
``(2) $10,750,000 for each of fiscal years 2009 through
2012.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by
[[Page H15620]]
inserting after the item relating to section 899 the
following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
Sec. 564. Improvement of Barriers at Border. (a) Section
102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
(1) in subsection (a), by striking ``Attorney General, in
consultation with the Commissioner of Immigration and
Naturalization,'' and inserting ``Secretary of Homeland
Security''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking ``in the Border
Area'' and inserting ``Along the Border'';
(B) in paragraph (1)--
(i) in the heading, by striking ``Security features'' and
inserting ``Additional fencing along southwest border''; and
(ii) by striking subparagraphs (A) through (C) and
inserting the following:
``(A) Reinforced fencing.--In carrying out subsection (a),
the Secretary of Homeland Security shall construct reinforced
fencing along not less than 700 miles of the southwest border
where fencing would be most practical and effective and
provide for the installation of additional physical barriers,
roads, lighting, cameras, and sensors to gain operational
control of the southwest border.
``(B) Priority areas.--In carrying out this section, the
Secretary of Homeland Security shall--
``(i) identify the 370 miles, or other mileage determined
by the Secretary, whose authority to determine other mileage
shall expire on December 31, 2008, along the southwest border
where fencing would be most practical and effective in
deterring smugglers and aliens attempting to gain illegal
entry into the United States; and
``(ii) not later than December 31, 2008, complete
construction of reinforced fencing along the miles identified
under clause (i).
``(C) Consultation.--
``(i) In general.--In carrying out this section, the
Secretary of Homeland Security shall consult with the
Secretary of the Interior, the Secretary of Agriculture,
States, local governments, Indian tribes, and property owners
in the United States to minimize the impact on the
environment, culture, commerce, and quality of life for the
communities and residents located near the sites at which
such fencing is to be constructed.
``(ii) Savings provision.--Nothing in this subparagraph may
be construed to--
``(I) create or negate any right of action for a State,
local government, or other person or entity affected by this
subsection; or
``(II) affect the eminent domain laws of the United States
or of any State.
``(D) Limitation on requirements.--Notwithstanding
subparagraph (A), nothing in this paragraph shall require the
Secretary of Homeland Security to install fencing, physical
barriers, roads, lighting, cameras, and sensors in a
particular location along an international border of the
United States, if the Secretary determines that the use or
placement of such resources is not the most appropriate means
to achieve and maintain operational control over the
international border at such location.''; and
(C) in paragraph (4), by striking ``to carry out this
subsection not to exceed $12,000,000'' and inserting ``such
sums as may be necessary to carry out this subsection''.
(b) No funds appropriated in this Act for U.S. Customs and
Border Protection ``Border Security Fencing, Infrastructure,
and Technology'' may be obligated unless the Secretary of
Homeland Security has complied with section 102(b)(2)(C)(i)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) as amended by
subsection (a)(2).
Sec. 565. International Registered Traveler Program.
Section 7208(k)(3) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to
read as follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland Security shall
establish an international registered traveler program that
incorporates available technologies, such as biometrics and
e-passports, and security threat assessments to expedite the
screening and processing of international travelers,
including United States Citizens and residents, who enter and
exit the United States. The program shall be coordinated with
the United States Visitor and Immigrant Status Indicator
Technology program, other pre-screening initiatives, and the
Visa Waiver Program.
``(B) Fees.--The Secretary may impose a fee for the program
established under subparagraph (A) and may modify such fee
from time to time. The fee may not exceed the aggregate costs
associated with the program and shall be credited to the
Department of Homeland Security for purposes of carrying out
the program. Amounts so credited shall remain available until
expended.
``(C) Rulemaking.--Within 365 days after the date of
enactment of this paragraph, the Secretary shall initiate a
rulemaking to establish the program, criteria for
participation, and the fee for the program.
``(D) Implementation.--Not later than 2 years after the
date of enactment of this paragraph, the Secretary shall
establish a phased-implementation of a biometric-based
international registered traveler program in conjunction with
the United States Visitor and Immigrant Status Indicator
Technology entry and exit system, other pre-screening
initiatives, and the Visa Waiver Program at United States
airports with the highest volume of international travelers.
``(E) Participation.--The Secretary shall ensure that the
international registered traveler program includes as many
participants as practicable by--
``(i) establishing a reasonable cost of enrollment;
``(ii) making program enrollment convenient and easily
accessible; and
``(iii) providing applicants with clear and consistent
eligibility guidelines.''.
Sec. 566. Shared Border Management. (a) Study.--The
Comptroller General of the United States shall conduct a
study on the Department of Homeland Security's use of shared
border management to secure the international borders of the
United States.
(b) Report.--The Comptroller General shall submit a report
to Congress that describes--
(1) any negotiations, plans, or designs conducted by
officials of the Department of Homeland Security regarding
the practice of shared border management; and
(2) the factors required to be in place for shared border
management to be successful.
Sec. 567. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 568. Transportation Security Administration
Acquisition Management Policy. (a) In General.--Section 114
of title 49, United States Code, is amended by striking
subsection (o) and redesignating subsections (p) through (t)
as subsections (o) through (s), respectively.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of
this Act.
Sec. 569. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date that the President determines whether to declare a
major disaster because of an event and any appeal is
completed, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committees on Appropriations of the Senate and the House of
Representatives, and publish on the website of the Federal
Emergency Management Agency, a report regarding that
decision, which shall summarize damage assessment information
used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 570. If the Secretary of Homeland Security establishes
a National Transportation Security Center of Excellence to
conduct research and education activities, and to develop or
provide professional security training, including the
training of transportation employees and transportation
professionals, the Mineta Transportation Institute at San
Jose State University may be included as a member institution
of such Center.
Sec. 571. Effective no later than ninety days after the
date of enactment of this Act, the Transportation Security
Administration shall permit approved members of Registered
Traveler programs to satisfy fully the required identity
verification procedures at security screening checkpoints by
presenting a biometrically-secure Registered Traveler card in
lieu of the government-issued photo identification document
required of non-participants: Provided, That if their
identity is not confirmed biometrically, the standard
identity and screening procedures will apply: Provided
further, That if the Assistant Secretary (Transportation
Security Administration) determines this is a threat to civil
aviation, then the Assistant Secretary (Transportation
Security Administration) shall notify the Committees on
Appropriations of the Senate and House of Representatives
five days in advance of such determination and require
Registered Travelers to present government-issued photo
identification documents in conjunction with a biometrically-
secure Registered Traveler card.
Sec. 572. Section 831(a) of the Homeland Security Act of
2002 (6 U.S.C. 391(a)) is amended by striking ``During the 5-
year period following the effective date of this Act'' and
inserting ``Until September 30, 2008''.
Sec. 573. (a) Rescission.--Of amounts previously made
available from Federal Emergency Management Agency ``Disaster
Relief'' to the State of Mississippi pursuant to section 404
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) for Hurricane Katrina,
$20,000,000 are rescinded.
(b) Appropriation.--For Federal Emergency Management Agency
``State and Local Programs'', there is appropriated an
additional $20,000,000, to remain available until expended,
for a grant to the State of Mississippi for an interoperable
communications system required in the aftermath of Hurricane
Katrina: Provided, That this entire amount is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
[[Page H15621]]
TITLE VI
BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
Sec. 601. Short Title.
This title may be cited as the ``Border Infrastructure and
Technology Modernization Act of 2007''.
Sec. 602. Definitions.--In this title:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection of the
Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and
Canada.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(5) Southern border.--The term ``southern border'' means
the international border between the United States and
Mexico.
Sec. 603. Port of Entry Infrastructure Assessment Study.--
(a) Requirement To Update.--Not later than January 31 of
every other year, the Commissioner, in consultation with the
Administrator of General Services shall--
(1) review--
(A) the Port of Entry Infrastructure Assessment Study
prepared by the United States Customs Service, the
Immigration and Naturalization Service, and the General
Services Administration in accordance with the matter
relating to the ports of entry infrastructure assessment set
forth in the joint explanatory statement on page 67 of
conference report 106-319, accompanying Public Law 106-58;
and
(B) the nationwide strategy to prioritize and address the
infrastructure needs at the land ports of entry prepared by
the Department of Homeland Security and the General Services
Administration in accordance with the committee
recommendations on page 22 of Senate report 108-86,
accompanying Public Law 108-90;
(2) update the assessment of the infrastructure needs of
all United States land ports of entry; and
(3) submit an updated assessment of land port of entry
infrastructure needs to the Committees on Appropriations of
the Senate and the House of Representatives, the Senate
Committee on Environment and Public Works, the Senate
Committee on Homeland Security and Governmental Affairs, the
House Committee on Transportation and Infrastructure, and the
House Committee on Homeland Security.
(b) Consultation.--In preparing the updated studies
required under subsection (a), the Commissioner and the
Administrator of General Services shall consult with the
Director of the Office of Management and Budget, the
Secretary, and affected State and local agencies on the
northern and southern borders of the United States.
(c) Content.--Each updated study required in subsection (a)
shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 604; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project--
(A) to enhance the ability of U.S. Customs and Border
Protection to achieve its mission and to support operations;
(B) to fulfill security requirements; and
(C) facilitate trade across the borders of the United
States.
(d) Project Implementation.--The Commissioner, as
appropriate, shall--
(1) implement the infrastructure and technology improvement
projects described in subsection (c) in the order of priority
assigned to each project under subsection (c)(3); or
(2) forward the prioritized list of infrastructure and
technology improvement projects to the Administrator of
General Services for implementation in the order of priority
assigned to each project under subsection (c)(3).
(e) Divergence From Priorities.--The Commissioner may
diverge from the priority order if the Commissioner
determines that significantly changed circumstances,
including immediate security needs, changes in infrastructure
in Mexico or Canada, or similar concerns, compellingly alter
the need for a project in the United States.
Sec. 604. National Land Border Security Plan. (a)
Requirement for Plan.--Not later than January 31 of every
other year, the Secretary, acting through the Commissioner,
shall prepare a National Land Border Security Plan and submit
such plan to the Committees on Appropriations of the Senate
and the House of Representatives, the Senate Committee on
Environment and Public Works, the Senate Committee on
Homeland Security and Governmental Affairs, the Senate
Committee on the Judiciary, the House Committee on
Transportation and Infrastructure, the House Committee on
Homeland Security, and the House Committee on the Judiciary.
(b) Consultation.--In preparing the plan required under
subsection (a), the Commissioner shall consult with other
appropriate Federal agencies, State and local law enforcement
agencies, and private entities that are involved in
international trade across the northern or southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required under subsection (a)
shall include a vulnerability, risk, and threat assessment of
each port of entry located on the northern border or the
southern border.
(2) Port security coordinators.--The Secretary, acting
through the Commissioner, may establish one or more port
security coordinators at each port of entry located on the
northern border or the southern border--
(A) to assist in conducting a vulnerability assessment at
such port; and
(B) to provide other assistance with the preparation of the
plan required under subsection (a).
(d) Coordination With the Secure Border Initiative.--The
plan required under subsection (a) shall include a
description of activities undertaken during the previous year
as part of the Secure Border Initiative and actions planned
for the coming year as part of the Secure Border Initiative.
Sec. 605. Port of Entry Technology Demonstration Program.
(a) Establishment.--The Secretary, acting through the
Commissioner, shall carry out a technology demonstration
program to test and evaluate new port of entry technologies,
refine port of entry technologies and operational concepts,
and train personnel under realistic conditions.
(b) Technology Tested.--Under the demonstration program,
the Commissioner shall test technologies that enhance port of
entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(c) Demonstration Sites.--
(1) Number.--The Commissioner shall carry out the
demonstration program at not less than three sites and not
more than five sites.
(2) Location.--Of the sites selected under subsection (c)--
(A) at least one shall be located on the northern border of
the United States; and
(B) at least one shall be located on the southern border of
the United States.
(3) Selection criteria.--To ensure that one of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration
program, has a traffic volume low enough to easily
incorporate new technologies without interrupting normal
processing activity, and can efficiently carry out
demonstration and port of entry operations, one port of entry
selected as a demonstration site may--
(A) have been established not more than 15 years before the
date of the enactment of this Act;
(B) consist of not less than 65 acres, with the possibility
of expansion onto not less than 25 adjacent acres; and
(C) have serviced an average of not more than 50,000
vehicles per month during the 12 months preceding the date of
the enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary,
acting through the Commissioner, shall permit personnel from
appropriate Federal agencies to utilize a demonstration site
described in subsection (c) to test technologies that enhance
port of entry operations, including those related to
inspections, communications, port tracking, identification of
persons and cargo, sensory devices, personal detection,
decision support, and the detection and identification of
weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, the Senate
Committee on Environment and Public Works, the Senate
Committee on Homeland Security and Governmental Affairs, the
House Committee on Transportation and Infrastructure, and the
House Committee on Homeland Security a report on the
activities carried out at each demonstration site under the
technology demonstration program established under this
section.
(2) Content.--The report shall include an assessment by the
Commissioner of the feasibility of incorporating any
demonstrated technology for use throughout U.S. Customs and
Border Protection.
Sec. 606. Authorization of Appropriations. (a) In
General.--In addition to any funds otherwise available, there
are authorized to be appropriated such sums as may be
necessary to carry out this title for fiscal years 2009
through 2013.
(b) International Agreements.--Funds authorized to be
appropriated under this title may be used for the
implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure
and Efficient Flow of People and Commerce across our Shared
Border between the United States and Mexico, agreed to March
22, 2002, Monterrey, Mexico (commonly known as the Border
Partnership Action Plan) or the Smart Border Declaration
between the United States and Canada, agreed to December 12,
2001, Ottawa, Canada that are consistent with the provisions
of this title.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2008''.
DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management,
[[Page H15622]]
including the general administration of the Bureau, and
assessment of mineral potential of public lands pursuant to
Public Law 96-487 (16 U.S.C. 3150(a)), $867,463,000, to
remain available until expended, of which not to exceed
$91,629,000 is available for oil and gas management; and of
which $1,500,000 is for high priority projects, to be carried
out by the Youth Conservation Corps; and of which $2,900,000
shall be available in fiscal year 2008 subject to a match by
at least an equal amount by the National Fish and Wildlife
Foundation for cost-shared projects supporting conservation
of Bureau lands; and such funds shall be advanced to the
Foundation as a lump sum grant without regard to when
expenses are incurred.
In addition, $25,500,000 is for the processing of
applications for permit to drill and related use
authorizations, to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to
this appropriation that shall be derived from $4,000 per new
application for permit to drill that the Bureau shall collect
upon submission of each new application, and in addition,
$34,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining
claim fee program; to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to
this appropriation from annual mining claim fees so as to
result in a final appropriation estimated at not more than
$867,463,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $6,476,000, to
remain available until expended.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $9,081,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $110,242,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).
forest ecosystem health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales
and forest ecosystem health and recovery activities, such as
release from competing vegetation and density control
treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and
Public Law 106-393) derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.
wildland fire management
(including transfer of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $820,878,000,
to remain available until expended, of which not to exceed
$6,234,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement contracts, grants, or cooperative
agreements, for hazardous fuels reduction activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews, Public Lands Corps (Public
Law 109-154), or related partnerships with State, local, or
non-profit youth groups; (3) small or micro-businesses; or
(4) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the
project workforce to complete such contracts: Provided
further, That in implementing this section, the Secretary
shall develop written guidance to field units to ensure
accountability and consistent application of the authorities
provided herein: Provided further, That funds appropriated
under this head may be used to reimburse the United States
Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of
such Act, in connection with wildland fire management
activities: Provided further, That the Secretary of the
Interior may use wildland fire appropriations to enter into
non-competitive sole source leases of real property with
local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for
any such lease or for construction activity associated with
the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $10,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal
emergency response actions: Provided further, That Public Law
110-116, division B, section 157(b)(2) is amended by
inserting after ``to other accounts'' the phrase ``and non-
suppression budget activities''.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards.
[[Page H15623]]
Section 28 of title 30, United States Code, is amended: (1)
in section 28 by striking the phrase ``shall commence at 12
o'clock meridian on the 1st day of September'' and inserting
``shall commence at 12:01 ante meridian on the first day of
September''; (2) in section 28f(a), by striking the phrase
``for years 2004 through 2008''; and (3) in section 28g, by
striking the phrase ``and before September 30, 2008,''.
Sums not to exceed one percent of the total value of
procurements received by the Bureau of Land Management from
vendors under enterprise information technology-procurements
that the Department of the Interior and other Federal
Government agencies may use to order information technology
hereafter may be deposited into the Management of Lands and
Resources account to offset costs incurred in conducting the
procurement.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $1,099,772,000,
to remain available until September 30, 2009 except as
otherwise provided herein: Provided, That $2,500,000 is for
high priority projects, which shall be carried out by the
Youth Conservation Corps: Provided further, That not to
exceed $18,263,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species
Act, as amended, for species that are indigenous to the
United States (except for processing petitions, developing
and issuing proposed and final regulations, and taking any
other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to
exceed $9,926,000 shall be used for any activity regarding
the designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed
pursuant to subsection (a)(1) prior to October 1, 2007:
Provided further, That of the amount available for law
enforcement, up to $400,000, to remain available until
expended, may at the discretion of the Secretary be used for
payment for information, rewards, or evidence concerning
violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity,
authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate: Provided further,
That of the amount provided for environmental contaminants,
up to $1,000,000 may remain available until expended for
contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $33,688,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $35,144,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which, notwithstanding 16 U.S.C.
460l-9, not more than $1,750,000 shall be for land
conservation partnerships authorized by the Highlands
Conservation Act of 2004: Provided, That none of the funds
appropriated for specific land acquisition projects can be
used to pay for any administrative overhead, planning or
other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, $75,001,000, to remain available until expended, of
which $25,228,000 is to be derived from the Cooperative
Endangered Species Conservation Fund, $5,066,666 of which
shall be for the Idaho Salmon and Clearwater River Basins
Habitat Account pursuant to the Snake River Water Rights Act
of 2004; and of which $49,773,000 is to be derived from the
Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,202,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $42,646,000, to remain available until expended.
Neotropical Migratory Bird Conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act, as amended, (16 U.S.C. 6101
et seq.), $4,500,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (16 U.S.C. 4261-4266), the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5301-5306), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301-6305), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-6606),
$8,000,000, to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally-recognized Indian tribes under the provisions
of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and
their habitat, including species that are not hunted or
fished, $75,000,000, to remain available until expended:
Provided, That of the amount provided herein, $6,282,000 is
for a competitive grant program for Indian tribes not subject
to the remaining provisions of this appropriation: Provided
further, That $5,000,000 is for a competitive grant program
for States, territories, and other jurisdictions with
approved plans, not subject to the remaining provisions of
this appropriation: Provided further, That the Secretary
shall, after deducting said $11,282,000 and administrative
expenses, apportion the amount provided herein in the
following manner: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more
than one-half of 1 percent thereof; and (2) to Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, each a sum equal to not more
than one-fourth of 1 percent thereof: Provided further, That
the Secretary shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the
ratio to which the land area of such State bears to the total
land area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State
bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph
shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount
available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: Provided
further, That the Federal share of planning grants shall not
exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 50
percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not
be derived from Federal grant programs: Provided further,
That no State, territory, or other jurisdiction shall receive
a grant if its comprehensive wildlife conservation plan is
disapproved and such funds that would have been distributed
to such State, territory, or other jurisdiction shall be
distributed equitably to States, territories, and other
jurisdictions with approved plans: Provided further, That any
amount apportioned in 2008 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2009, shall be reapportioned, together with funds
appropriated in 2010, in the manner provided herein.
administrative provisions
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation
areas caused by operations of the Service; options for the
purchase of land at not to exceed $1 for each option;
facilities incident to such public recreational uses on
conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which
are used pursuant to law in connection with management, and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing
either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards:
Provided further, That, notwithstanding any other provision
of law, the Service may use up to $2,000,000 from funds
provided for contracts for employment-related legal services:
Provided further, That the Service may accept donated
aircraft as replacements for existing aircraft: Provided
further, That, notwithstanding any other provision of law,
the Secretary of the Interior may not spend any of the funds
appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the
reprogramming procedures contained in the statement of the
managers accompanying this Act.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including expenses to carry out
programs of the United States Park Police), and for the
general administration of the National Park Service,
$2,001,809,000, of which $9,965,000 is for planning and
interagency coordination in support of Everglades restoration
and shall remain available until expended; of which
$101,164,000, to remain available until September 30, 2009,
is for maintenance, repair or rehabilitation projects for
constructed assets, operation of the National Park Service
automated facility management software system, and
comprehensive facility condition assessments; and of which
$3,000,000 shall be for the Youth Conservation Corps for high
priority projects.
centennial challenge
For expenses necessary to carry out provisions of section
814(g) of Public Law 104-333 relating to challenge cost share
agreements, $25,000,000,
[[Page H15624]]
to remain available until expended for Centennial Challenge
signature projects and programs: Provided, That not less than
50 percent of the total cost of each project or program is
derived from non-Federal sources in the form of donated cash,
assets, in-kind services, or a pledge of donation guaranteed
by an irrevocable letter of credit.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $68,481,000, of which not to exceed $7,500,000 may be
for Preserve America grants to States, Tribes, and local
communities for projects that preserve important historic
resources through the promotion of heritage tourism:
Provided, That any individual Preserve America grant shall be
matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant:
Provided further, That grants shall be approved by the
Secretary of the Interior in consultation with the House and
Senate Committees on Appropriations, and in consultation with
the Advisory Council on Historic Preservation prior to the
commitment of grant funds.
historic preservation fund
(including transfers of funds)
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $71,500,000, to be derived from the Historic
Preservation Fund and to remain available until September 30,
2009; of which $25,000,000 shall be for Save America's
Treasures for preservation of nationally significant sites,
structures, and artifacts: Provided, That any individual Save
America's Treasures grant shall be matched by non-Federal
funds; individual projects shall only be eligible for one
grant; and all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and
Senate Committees on Appropriations: Provided further, That
Save America's Treasures funds allocated for Federal
projects, following approval, shall be available by transfer
to appropriate accounts of individual agencies.
Construction
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized
by section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $221,985,000, to remain available
until expended: Provided, That funds provided under this
heading for implementation of modified water deliveries to
Everglades National Park shall be expended consistent with
the requirements of the fifth proviso under this heading in
Public Law 108-108: Provided further, That funds provided
under this heading for implementation of modified water
deliveries to Everglades National Park shall be available for
obligation only if matching funds are appropriated to the
Army Corps of Engineers for the same purpose: Provided
further, That none of the funds provided under this heading
for implementation of modified water deliveries to Everglades
National Park shall be available for obligation if any of the
funds appropriated to the Army Corps of Engineers for the
purpose of implementing modified water deliveries, including
finalizing detailed engineering and design documents for a
bridge or series of bridges for the Tamiami Trail component
of the project, becomes unavailable for obligation: Provided
further, That of the funds made available under this heading,
not to exceed $3,800,000 is authorized to be used for the
National Park Service's proportionate cost of upgrading the
West Yellowstone/Hebgen Basin (Gallatin County, Montana)
municipal solid waste disposal system for the processing and
disposal of municipal solid waste generated within
Yellowstone National Park: Provided further, That future fees
paid by the National Park Service to the West Yellowstone/
Hebgen Basin Solid Waste District will be restricted to
operations and maintenance costs of the facility, given the
capital contribution made by the National Park Service.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2008 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $70,070,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $25,000,000 is for the State
assistance program.
administrative provisions
For fiscal year 2008 and hereafter, if the Secretary of the
Interior, or either party to a value determination proceeding
conducted under a National Park Service concession contract
issued prior to November 13, 1998, considers that the value
determination decision issued pursuant to the proceeding
misinterprets or misapplies relevant contractual requirements
or their underlying legal authority, the Secretary or either
party may seek, within 180 days of any such decision, the de
novo review of the value determination decision by the United
States Court of Federal Claims. This court may make an order
affirming, vacating, modifying or correcting the
determination decision.
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the
National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefiting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefiting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term
of a single contract at the benefiting unit, in the amount of
funds so expended to extinguish or reduce liability.
A willing seller from whom the Service acquires title to
real property may be considered a ``displaced person'' for
purposes of the Uniform Relocation Assistance and Real
Property Acquisition Policy Act and its implementing
regulations, whether or not the Service has the authority to
acquire such property by eminent domain.
Section 3(f) of the Act of August 21, 1935 (16 U.S.C.
463(f)), related to the National Park System Advisory Board,
is amended in the first sentence by striking ``2007'' and
inserting ``2009''.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,022,430,000, to
remain available until September 30, 2009, of which
$63,845,000 shall be available only for cooperation with
States or municipalities for water resources investigations;
of which $40,150,000 shall remain available until expended
for satellite operations; and of which $8,023,000 shall be
available until expended for deferred maintenance and capital
improvement projects: Provided, That none of the funds
provided for the biological research activity shall be used
to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations
carried on in cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for reimbursement to the General Services
Administration for security guard services; contracting for
the furnishing of topographic maps and for the making of
geophysical or other specialized surveys when it is
administratively determined that such procedures are in the
public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the
United States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the
Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States
Code, relating to tort claims, but shall not be considered to
be Federal employees for any other purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
for energy-related or other authorized marine-related
purposes on the Outer Continental Shelf; and for matching
grants or cooperative agreements, $157,202,000, to remain
available until September 30, 2009, of which $82,371,000
shall be available for royalty management activities; and an
amount not to exceed $135,730,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, from rate increases to fee
collections for Outer Continental Shelf administrative
activities performed by the Minerals Management Service (MMS)
over and above the rates in effect on September 30, 1993, and
from additional fees for Outer Continental Shelf
administrative activities established after September 30,
1993 that the Secretary of the Interior shall collect in
fiscal year 2008 and retain and use for the necessary
expenses of this appropriation: Provided, That to the extent
[[Page H15625]]
$135,730,000 in addition to receipts are not realized from
the sources of receipts stated above, the amount needed to
reach $135,730,000 shall be credited to this appropriation
from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993:
Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided
further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in
which the Director of MMS concurred with the claimed refund
due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That for the costs of administration of the Coastal
Impact Assistance Program authorized by section 31 of the
Outer Continental Shelf Lands Act, as amended (43 U.S.C.
1456a), MMS in fiscal years 2008 through 2010 may retain up
to three percent of the amounts which are disbursed under
section 31(b)(1), such retained amounts to remain available
until expended.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,403,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
administrative provisions
The eighth proviso under the heading of ``Minerals
Management Service'' in division E, title I, of the
Consolidated Appropriations Act, 2005 (Public Law 108-447),
is amended by inserting ``and Indian accounts'' after
``States'', replacing the term ``provision'' with
``provisions'', and inserting ``and (d)'' after 30 U.S.C.
1721(b).
Notwithstanding the provisions of section 35(b) of the
Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the
Secretary shall deduct 2 percent from the amount payable to
each State in fiscal year 2008 and deposit the amount
deducted to miscellaneous receipts of the Treasury.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, $120,237,000, to remain available
until September 30, 2009: Provided, That the Secretary of the
Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year
2008 for civil penalties assessed under section 518 of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until
expended: Provided further, That appropriations for the
Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, $52,774,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect
these debts: Provided further, That amounts provided under
this heading may be used for the travel and per diem expenses
of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and tribal regulatory and
reclamation programs.
Bureau of Indian Affairs
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$2,080,261,000, to remain available until September 30, 2009
except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and representation
expenses; and of which not to exceed $80,179,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary may exceed such
cap, from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the
disaster; notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, not to exceed $149,628,000 shall be
available for payments for contract support costs associated
with ongoing contracts, grants, compacts, or annual funding
agreements entered into with the Bureau prior to or during
fiscal year 2008, as authorized by such Act, except that
tribes and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing
contracts, grants, or compacts, or annual funding agreements
and for unmet welfare assistance costs; of which not to
exceed $487,500,000 for school operations costs of Bureau-
funded schools and other education programs shall become
available on July 1, 2008, and shall remain available until
September 30, 2009; and of which not to exceed $60,222,000
shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation
support, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program: Provided
further, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$44,060,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with ongoing grants entered into with
the Bureau prior to or during fiscal year 2007 for the
operation of Bureau-funded schools, and up to $500,000 within
and only from such amounts made available for school
operations shall be available for the transitional costs of
initial administrative cost grants to grantees that enter
into grants for the operation on or after July 1, 2007, of
Bureau-operated schools: Provided further, That any forestry
funds allocated to a tribe which remain unobligated as of
September 30, 2009, may be transferred during fiscal year
2010 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the tribe's
trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2010.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $206,983,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2008, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant
schools under Public Law 100-297, as amended, the Secretary
of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs
contained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject to
section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering
applications, the Secretary shall consider whether such
grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes
and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(b), with respect to organizational
and financial management capabilities: Provided further, That
if the Secretary declines an application, the Secretary shall
follow the requirements contained in 25 U.S.C. 2504(f):
Provided further, That any disputes between the Secretary and
any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further,
That in order to ensure timely completion of replacement
school construction projects, the Secretary may assume
control of a project and all funds related to the project,
if, within eighteen months of the date of enactment of this
Act, any grantee receiving funds appropriated in this Act or
in any prior Act, has not completed the planning and design
phase of the project and commenced construction of the
replacement school: Provided further, That this Appropriation
may be reimbursed from the Office of the Special Trustee for
American Indians Appropriation for the appropriate share of
construction costs for space expansion needed in agency
offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 107-331,
108-447, 109-379, and 109-479, and for implementation of
other land and water rights settlements, $34,069,000, to
remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed and insured loans, $6,276,000,
of which $700,000 is for administrative expenses, as
authorized by the Indian Financing Act of 1974, as amended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$85,506,098.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
[[Page H15626]]
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations and regional offices)
shall be available for contracts, grants, compacts, or
cooperative agreements with the Bureau of Indian Affairs
under the provisions of the Indian Self-Determination Act or
the Tribal Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996.
No funds available to the Bureau shall be used to support
expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the
Interior at each school in the Bureau school system as of
October 1, 1995. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding 25 U.S.C. 2007(d), and implementing
regulations, the funds reserved from the Indian Student
Equalization Program to meet emergencies and unforeseen
contingencies affecting education programs appropriated
herein and in Public Law 109-54 may be used for costs
associated with significant student enrollment increases at
Bureau-funded schools during the relevant school year.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Departmental Offices
Office of the Secretary
salaries and expenses
For necessary expenses for management of the Department of
the Interior, $101,151,000; of which not to exceed $15,000
may be for official reception and representation expenses;
and of which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$78,613,000, of which: (1) $70,137,000 shall remain available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $8,476,000 shall be available
until September 30, 2009 for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104-134: Provided
further, That of the amounts provided for technical
assistance, sufficient funds shall be made available for a
grant to the Pacific Basin Development Council: Provided
further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $5,362,000, to remain
available until expended, as provided for in sections
221(a)(2), 221(b), and 233 of the Compact of Free Association
for the Republic of Palau; and section 221(a)(2) of the
Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law
108-188.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$59,250,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$44,572,000.
Office of Special Trustee for American Indians
federal trust programs
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $182,331,000, to remain available until expended, of
which not to exceed $56,384,000 from this or any other Act,
shall be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs''
account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary,
``Salaries and Expenses'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2008, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That, notwithstanding any other provision
of law, the statute of limitations shall not commence to run
on any claim, including any claim in litigation pending on
the date of the enactment of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That,
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 18 months and has a balance of $15.00
or less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous payments
that are recovered shall be credited to and remain available
in this account for this purpose.
indian land consolidation
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $10,000,000, to remain available until expended,
and which may be transferred to the Bureau of Indian Affairs
and Office of the Secretary accounts.
Department-wide Programs
payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $232,528,000, of
which not to exceed $400,000 shall be available for
administrative expenses: Provided, That no payment shall be
made to otherwise eligible units of local government if the
computed amount of the payment is less than $100.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant
[[Page H15627]]
to the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,954,000, to remain available until expended: Provided,
That hereafter, notwithstanding 31 U.S.C. 3302, sums
recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities
conducted by the Department pursuant to section 107 or 113(f)
of such Act, shall be credited to this account, to be
available until expended without further appropriation:
Provided further, That hereafter such sums recovered from or
paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of
by the Secretary and which shall be credited to this account.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public
Law 101-337, as amended (16 U.S.C. 19jj et seq.), $6,300,000,
to remain available until expended.
working capital fund
For the acquisition of a departmental financial and
business management system, $40,727,000, to remain available
until expended: Provided, That none of the funds in this Act
or previous appropriations Acts may be used to establish
reserves in the Working Capital Fund account other than for
accrued annual leave and depreciation of equipment without
prior approval of the House and Senate Committees on
Appropriations.
administrative provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire operations''
shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; purchase
and replacement of motor vehicles, including specially
equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in
private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 104. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June
12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and
the eastern Gulf of Mexico south of 26 degrees north latitude
and east of 86 degrees west longitude.
Sec. 105. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 106. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings
shall be available for expenditure or transfer for Indian
trust management and reform activities, excluding litigation
costs. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act
for such purpose.
Sec. 107. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2008. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
Sec. 108. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
Sec. 109. The Secretary of the Interior may hereafter use
or contract for the use of helicopters or motor vehicles on
the Sheldon and Hart National Wildlife Refuges for the
purpose of capturing and transporting horses and burros. The
provisions of subsection (a) of the Act of September 8, 1959
(18 U.S.C. 47(a)) shall not be applicable to such use. Such
use shall be in accordance with humane procedures prescribed
by the Secretary.
Sec. 110. None of the funds in this or any other Act can be
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United
States District Court for the District of Columbia in the
Cobell v. Kempthorne litigation at an annual rate that
exceeds 200 percent of the highest Senior Executive Service
rate of pay for the Washington-Baltimore locality pay area.
Sec. 111. The Secretary of the Interior may use
discretionary funds to pay private attorney fees and costs
for employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Kempthorne to the extent that such fees and costs are not
paid by the Department of Justice or by private insurance. In
no case shall the Secretary make payments under this section
that would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the
District of Columbia for counsel in Cobell v. Kempthorne.
Sec. 112. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study
or implement any plan to drain Lake Powell or to reduce the
water level of the lake below the range of water levels
required for the operation of the Glen Canyon Dam.
Sec. 113. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally-operated or
federally-financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
Sec. 114. Notwithstanding any implementation of the
Department of the Interior's trust reorganization or
reengineering plans, or the implementation of the ``To Be''
Model, funds appropriated for fiscal year 2008 shall be
available to the tribes within the California Tribal Trust
Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the
Flathead Reservation and the Chippewa Cree Tribe of the Rocky
Boys Reservation through the same methodology as funds were
distributed in fiscal year 2003. This Demonstration Project
shall continue to operate separate and apart from the
Department of the Interior's trust reform and reorganization
and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a
[[Page H15628]]
self-governance compact and operating in accordance with the
Tribal Self-Governance Program set forth in 25 U.S.C. 458aa-
458hh: Provided, That the California Trust Reform Consortium
and any other participating tribe agree to carry out their
responsibilities under the same written and implemented
fiduciary standards as those being carried by the Secretary
of the Interior: Provided further, That they demonstrate to
the satisfaction of the Secretary that they have the
capability to do so: Provided further, That the Department
shall provide funds to the tribes in an amount equal to that
required by 25 U.S.C. 458cc(g)(3), including funds
specifically or functionally related to the provision of
trust services to the tribes or their members.
Sec. 115. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
Sec. 116. Notwithstanding any other provision of law,
including 42 U.S.C. 4321 et seq., nonrenewable grazing
permits authorized in the Jarbidge Field Office, Bureau of
Land Management since March 1, 1997 shall be renewed. The
Animal Unit Months, authorized in any nonrenewable grazing
permit from March 1, 1997 to present shall continue in effect
under the renewed permit. Nothing in this section shall be
deemed to extend the renewed permit beyond the standard 1-
year term. The period of this provision will be until all of
the grazing permits in the Jarbidge Field Office are renewed
after the completion of the Record of Decision for the
Jarbidge Resource Management Plan/Final Environmental Impact
Statement.
Sec. 117. Oil and Gas Leasing Internet Pilot Program.
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing
Act (30 U.S.C 226(b)(1)(A)), the Secretary of the Interior
shall establish an oil and gas leasing Internet pilot
program, under which the Secretary may conduct lease sales
through methods other than oral bidding. To carry out the
pilot program, the Secretary of the Interior may use not more
than $250,000 of funds in the BLM Permit Processing
Improvement Fund described in section 35(c)(2)(B) of the
Mineral Leasing Act (30 U.S.C. 191(c)(2)(B)).
Sec. 118. Notwithstanding any other provision of law, the
Secretary of the Interior is directed to sell property within
the Protection Island National Wildlife Refuge and the
Dungeness National Wildlife Refuge to the Washington State
Department of Transportation.
Sec. 119. No funds appropriated or otherwise made available
to the Department of the Interior may be used, in relation to
any proposal to store water for the purpose of export, for
approval of any right-of-way or similar authorization on the
Mojave National Preserve or lands managed by the Needles
Field Office of the Bureau of Land Management, or for
carrying out any activities associated with such right-of-way
or similar approval.
Sec. 120. Section 460ccc-4 of the Red Rock Canyon National
Conservation Area Establishment Act authorization (16 U.S.C.
460ccc) is amended--
(1) in section (a)(1), by striking ``with donated or
appropriated funds'';
(2) by striking section (a)(2);
(3) in section (a)(3), by striking ``(3)'' and replacing
with ``(2)'';
(4) in section (a)(4), by striking ``(4)'' and replacing
with ``(3)''.
Sec. 121. Title 43 U.S.C. 1473 is amended by inserting at
the end of that section before the period the following: ``,
including, in fiscal year 2008 only, contributions of money
and services to conduct work in support of the orderly
exploration and development of Outer Continental Shelf
resources, including but not limited to, preparation of
environmental documents such as impact statements and
assessments, studies, and related research''.
Sec. 122. Section 1077(c) of Public Law 109-364 is
repealed.
Sec. 123. Section 144 of division E of Public Law 108-447,
as amended, is amended in paragraph (b)(2) by striking
``November 12, 2004'' and inserting ``May 4, 2005.''
Sec. 124. Section 105(f)(1)(B) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B))
is amended in clause (ix) by--
(1) striking ``Republic'' both places it appears and
inserting ``government, institutions, and people'';
(2) striking ``2007'' and inserting ``2009''; and
(3) striking ``was'' and inserting ``were''.
Sec. 125. The Secretary of the Interior may enter into
cooperative agreements with a State or political subdivision
(including any agency thereof), or any not-for-profit
organization if the agreement will: (1) serve a mutual
interest of the parties to the agreement in carrying out the
programs administered by the Department of the Interior; and
(2) all parties will contribute resources to the
accomplishment of these objectives. At the discretion of the
Secretary, such agreements shall not be subject to a
competitive process.
Sec. 126. The Federal properties commonly referred to as
the Barnes Ranch and Agency Lake Ranch (the properties) in
Klamath County, Oregon, managed by the Bureau of Reclamation
shall be transferred to the Upper Klamath National Wildlife
Refuge (Refuge) in accordance with the Memorandum of
Understanding between the U.S. Fish and Wildlife Service
Klamath Basin National Wildlife Refuge Complex and the Bureau
of Reclamation Klamath Basin Area Office and The Nature
Conservancy dated March 2, 2007, as expeditiously as possible
and no later than December 2008: Provided, That these Federal
properties and all Federal refuge lands within the adjusted
boundary area for the Refuge, as approved by the U.S. Fish
and Wildlife Service (Service) in June 2005 under the Land
Protection Plan of 2005, shall be made a part of the Refuge
and shall be managed by the Service as such: Provided
further, That each year after the properties become part of
the Refuge, those increments of water passively stored on the
properties shall be applied and credited toward the
requirements of any consultation or reconsultation over
Klamath Project operations pursuant to section 7 of the
Endangered Species Act, consistent with Federal law and State
water law.
Sec. 127. Corinth Unit of Shiloh National Military Park
Boundary Expansion. The Corinth Battlefield Preservation Act
of 2000 (16 U.S.C. 430f-6 et seq.) is amended--
(1) in section 3(1) (16 U.S.C. 430f-7(1)), by striking
``304/80,007, and dated October 1998'' and inserting ``304A/
80009, and dated April 2007'';
(2) in section 4(b) (16 U.S.C. 430f-8(b)), by striking
paragraph (1) and inserting the following:
``(1) approximately 950 acres, as generally depicted on the
Map; and'';
(3) in section 5(a) (16 U.S.C. 430f-9(a)), by striking ``as
depicted on the Map'' and inserting ``described in section
4(b)'';
(4) by striking section 7 (16 U.S.C. 430f-11); and
(5) by redesignating section 8 (16 U.S.C. 430f-12) as
section 7.
Sec. 128. In section 5(8) of Public Law 107-226, strike
``acquire'' and all that follows and insert, ``acquire the
land or interests in land for the memorial by donation,
purchase with donated or appropriated funds, exchange or
condemnation with donated or appropriated funds; and''.
Sec. 129. Clarification of Concessionaire Historic Rights.
(a) In implementing section 1307 of Public Law 96-487 (96
Stat. 2479), the Secretary shall deem Denali National Park
Wilderness Centers, Ltd., a corporation organized and
existing under the laws of the State of Alaska, to be a
person who, on or before January 1, 1979, was engaged in
adequately providing the following scope and level of visitor
services within what is currently Denali National Park and
Preserve:
(1) Guided interpretive hiking services in the Kantishna
area new park additions (i.e. park area added in 1980 to
former Mount McKinley National Park), not to exceed 14 guided
interpretive hikes per week.
(2) Gold panning outings in the Kantishna area new park
additions, not to exceed 3 gold panning outings per week.
(3) Guided interpretive trips, including an average of four
vehicle trips per day, not to exceed 28 trips per week, into
the Old Park (i.e. former Mount McKinley National Park).
(4) Guided and unguided canoeing on Wonder Lake, including
the storage of five canoes on Wonder Lake.
(5) Transportation over the road between the north boundary
of the Old Park and Wonder Lake, including Wonder Lake
Campground, for an average of 10 trips per day not to exceed
70 trips per week.
(b) For purpose of implementing this section, the term
``person'' means the person who has a controlling interest in
the entity described under subsection (a) or his lineal
descendants born prior to January 1, 1979.
Sec. 130. Section 16 of the Colorado Ute Indian Water
Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat.
2913; 114 Stat. 2763A-263)) is amended--
(1) in subsection (c)(3)(B)(iii), by striking ``by
requiring'' and all that follows through ``enhancement'' and
inserting the following: ``, the plan shall provide that not
less than \1/3\ of the funds referred to in clause (i) shall
be expended for municipal or rural water development and that
annual expenditures under that provision shall be reported to
the Secretary each year''; and
(2) in the third sentence of subsection (f), by striking
``December 31, 2012'' and inserting ``the date that is 5
years after the date of the final settlement of the tribal
claims under section 18''.
Sec. 131. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah
Valley Battlefields National Historic District and Ice Age
National Scenic Trail may be used for a grant to a State, a
local government, or any other land management entity for the
acquisition of lands without regard to any restriction on the
use of Federal land acquisition funds provided through the
Land and Water Conservation Fund Act of 1965 as amended.
Sec. 132. From within amounts provided to the National Park
Service Land Acquisition account by this Act, $2,000,000
shall be made available to the State of Mississippi pursuant
to a grant agreement with the National Park Service, in order
that the State may acquire land or interests in land on Cat
Island, which is located within the Gulf Islands National
Seashore. Funds provided to the State of Mississippi through
such grant agreement shall not be contingent upon matching
funds provided by the State. Any lands or interests acquired
with funds under this section shall be owned by the federal
government and administered as part of the National Seashore.
Sec. 133. Mesa Verde National Park Boundary Change. (a)
Acquisition of Land.--
(1) In general.--The Secretary may acquire the land or an
interest in the land described in
[[Page H15629]]
subsection (b) for addition to the Mesa Verde National Park.
(2) Means.--An acquisition of land under paragraph (1) may
be made by donation, purchase from a willing seller with
donated or appropriated funds, or exchange.
(b) Description of Land.--The land referred to in
subsection (a)(1) is the approximately 360 acres of land
adjacent to the Park, as generally depicted on the map,
entitled ``Mesa Verde National Park Proposed Boundary
Adjustment'', numbered 307/80,180, and dated March 1, 2007.
(c) Availability of Map.--The map shall be on file and
available for inspection in the appropriate offices of the
National Park Service.
(d) Boundary Modification.--The boundary of the Park shall
be revised to reflect the acquisition of the land under
subsection (a).
(e) Administration.--The Secretary shall administer any
land or interest in land acquired under subsection (a)(1) as
part of the Park in accordance with the laws (including
regulations) applicable to the Park.
Sec. 134. In implementing section 1307 of Public Law 96-487
(4 Stat. 2479), the Secretary shall deem the present holders
of entry permit CP-GLBA005-00 and entry permit CP-GLBA004-00
each to be a person who, on or before January 1, 1979, was
engaged in adequately providing visitor services of the type
authorized in said permit within Glacier Bay National Park.
Sec. 135. Funds provided under Public Law 109-54 may be
granted to the Alice Ferguson Foundation for site planning
and design and rehabilitation of the Potomac River Habitat
Study Complex and the Wareham Lodge.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended; necessary expenses for personnel and related costs
and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376;
procurement of laboratory equipment and supplies; other
operating expenses in support of research and development;
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$772,129,000, to remain available until September 30, 2009.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to
exceed $9,000 for official reception and representation
expenses, $2,364,854,000, to remain available until September
30, 2009, including administrative costs of the brownfields
program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to
exceed $85,000 per project, $41,750,000, to remain available
until September 30, 2009.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$34,801,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including sections 111(c)(3),
(c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,273,871,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund on
September 30, 2007, as authorized by section 517(a) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA)
and up to $1,273,871,000 as a payment from general revenues
to the Hazardous Substance Superfund for purposes as
authorized by section 517(b) of SARA, as amended: Provided,
That funds appropriated under this heading may be allocated
to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated
under this heading, $11,668,000 shall be paid to the ``Office
of Inspector General'' appropriation to remain available
until September 30, 2009, and $26,126,000 shall be paid to
the ``Science and Technology'' appropriation to remain
available until September 30, 2009.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, as amended, and for
construction, alteration, repair, rehabilitation, and
renovation of Environmental Protection Agency facilities, not
to exceed $85,000 per project, $107,493,000, to remain
available until expended, of which $76,493,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act, as amended; $31,000,000 shall be for carrying
out the other provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code, as
amended: Provided, That the Administrator is authorized to
use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to
provide financial assistance to federally-recognized Indian
tribes for the development and implementation of programs to
manage underground storage tanks.
Oil Spill Response
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $17,326,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State And Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $2,972,595,000, to remain
available until expended, of which $700,000,000 shall be for
making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); of which up to
$75,000,000 shall be available for loans, including interest
free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to
municipal, inter-municipal, interstate, or State agencies or
nonprofit entities for projects that provide treatment for or
that minimize sewage or stormwater discharges using one or
more approaches which include, but are not limited to,
decentralized or distributed stormwater controls,
decentralized wastewater treatment, low-impact development
practices, conservation easements, stream buffers, or
wetlands restoration; $842,167,000 shall be for
capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as
amended; $20,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; $25,000,000 shall be for grants to the State of
Alaska to address drinking water and waste infrastructure
needs of rural and Alaska Native Villages: Provided, That, of
these funds: (1) the State of Alaska shall provide a match of
25 percent; (2) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (3) not
later than October 1, 2005, the State of Alaska shall make
awards consistent with the State-wide priority list
established in 2004 for all water, sewer, waste disposal, and
similar projects carried out by the State of Alaska that are
funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.) which shall
allocate not less than 25 percent of the funds provided for
projects in regional hub communities; $135,000,000 shall be
for making special project grants for the construction of
drinking water, wastewater and storm water infrastructure and
for water quality protection in accordance with the terms and
conditions specified for such grants in the explanatory
statement accompanying this Act, and, for purposes of these
grants, each grantee shall contribute not less than 45
percent of the cost of the project unless the grantee is
approved for a waiver by the Agency; $95,000,000 shall be to
carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA),
as amended, including grants, interagency agreements, and
associated program support costs; $50,000,000 shall be for
grants under title VII, subtitle G of the Energy Policy Act
of 2005, as amended; $10,000,000 shall be for grants for
cost-effective emission reduction projects in accordance with
the terms and conditions of the explanatory statement
accompanying this Act; and $1,095,428,000 shall be for
grants, including associated program support costs, to
States, federally-recognized tribes, interstate agencies,
tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and
abatement and related activities, including activities
pursuant to the provisions set forth under this heading in
Public Law 104-134, and for making grants under section 103
of the Clean Air Act for particulate matter monitoring and
data collection activities subject to terms and conditions
specified by the Administrator, of which $49,495,000 shall be
for carrying out section 128 of CERCLA, as amended,
$10,000,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs,
$18,500,000 of the funds available for grants under section
106 of the Act shall be for water quality monitoring
activities, $10,000,000 shall be for making competitive
targeted watershed grants, and, in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act, as amended, $2,500,000 shall be for
financial assistance to States under section 2007(f)(2) of
the Solid Waste Disposal Act, as amended: Provided further,
That notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a
State water pollution
[[Page H15630]]
control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2008 and
prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2008, and
notwithstanding section 518(f) of the Act, the Administrator
is authorized to use the amounts appropriated for any fiscal
year under section 319 of that Act to make grants to
federally-recognized Indian tribes pursuant to sections
319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2008, notwithstanding the limitation on amounts
in section 518(c) of the Act, up to a total of 1\1/2\ percent
of the funds appropriated for State Revolving Funds under
title VI of that Act may be reserved by the Administrator for
grants under section 518(c) of that Act: Provided further,
That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs
of the colonias in the United States along the United States-
Mexico border shall be made available to a county or
municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction
of any additional colonia areas, or the development within an
existing colonia the construction of any new home, business,
or other structure which lacks water, wastewater, or other
necessary infrastructure.
Administrative Provisions, Environmental Protection Agency
(including rescission of funds)
For fiscal year 2008, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally-
recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian Tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (as added by
subsection (f)(2) of the Pesticide Registration Improvement
Act of 2003), as amended.
None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grantee) at
more than the daily equivalent of the rate paid for level IV
of the Executive Schedule, unless specifically authorized by
law.
From unobligated balances to carry out projects and
activities authorized under section 206(a) of the Federal
Water Pollution Control Act, $5,000,000 are hereby rescinded.
None of the funds made available by this Act may be used in
contravention of, or to delay the implementation of,
Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg.
7629; relating to Federal actions to address environmental
justice in minority populations and low-income populations).
Of the funds provided in the Environmental Programs and
Management account, not less than $3,500,000 shall be
provided for activities to develop and publish a draft rule
not later than 9 months after the date of enactment of this
Act, and a final rule not later than 18 months after the date
of enactment of this Act, to require mandatory reporting of
greenhouse gas emissions above appropriate thresholds in all
sectors of the economy of the United States.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $290,457,000, to remain available until
expended: Provided, That of the funds provided, $61,329,000
is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $266,974,000, to
remain available until expended, as authorized by law; of
which $7,500,000 is for the International Program; and of
which $53,146,000 is to be derived from the Land and Water
Conservation Fund.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,492,868,000, to
remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
under this heading available at the start of fiscal year 2008
shall be displayed by budget line item in the fiscal year
2009 budget justification: Provided further, That of the
funds provided under this heading for Forest Products,
$4,000,000 shall be allocated to the Alaska Region, in
addition to its normal allocation for the purposes of
preparing additional timber for sale, to establish a 3-year
timber supply and such funds may be transferred to other
appropriations accounts as necessary to maximize
accomplishment.
capital improvement and maintenance
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $456,895,000, to remain available until
expended, for construction, capital improvement, maintenance
and acquisition of buildings and other facilities, and
infrastructure; and for construction, capital improvement,
decommissioning, and maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and
23 U.S.C. 101 and 205; and in addition $25,000,000 to be
transferred from the timber roads purchaser election fund and
merged with this account, to remain available until expended:
Provided, That $40,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and
maintenance and associated activities, and removal of fish
passage barriers, especially in areas where Forest Service
roads may be contributing to water quality problems in
streams and water bodies which support threatened, endangered
or sensitive species or community water sources and for
urgently needed road repairs required due to recent storm
events: Provided further, That up to $40,000,000 of the funds
provided herein for road maintenance shall be available for
the decommissioning of roads, including unauthorized roads
not part of the transportation system, which are no longer
needed: Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project: Provided further, That the decommissioning of
unauthorized roads not part of the official transportation
system shall be expedited in response to threats to public
safety, water quality, or natural resources: Provided
further, That funds becoming available in fiscal year 2008
under the Act of March 4, 1913 (16 U.S.C. 501) shall be
transferred to the General Fund of the Treasury and shall not
be available for transfer or obligation for any other purpose
unless the funds are appropriated: Provided further, That
notwithstanding any other provision of law, the Forest
Service shall provide $1,197,000 appropriated in Public Law
110-5 within the Capital Improvement and Maintenance
appropriation as an advance direct lump sum payment to West
Virginia University for the planning and construction of a
research greenhouse facility as the Federal share in the
construction of the new facility.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
Forest Service, $42,490,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,053,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended. (16 U.S.C.
4601-516-617a, 555a; Public Law 96-586; Public Law 76-589,
76-591; and 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, as amended, to
remain available until expended, of which not to exceed 6
percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $56,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $5,053,000, to remain available until
expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest
[[Page H15631]]
System lands, for emergency fire suppression on or adjacent
to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and
for emergency rehabilitation of burned-over National Forest
System lands and water, $1,974,276,000, to remain available
until expended: Provided, That such funds including
unobligated balances under this heading, are available for
repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further,
That such funds shall be available to reimburse State and
other cooperating entities for services provided in response
to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire
emergencies are fully repaid by the responsible emergency
management agency: Provided further, That not less than 50
percent of any unobligated balances remaining (exclusive of
amounts for hazardous fuels reduction) at the end of fiscal
year 2007 shall be transferred to the fund established
pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et
seq.) if necessary to reimburse the fund for unpaid past
advances: Provided further, That, notwithstanding any other
provision of law, $8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in
support of the Joint Fire Science Program: Provided further,
That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available
to execute the Forest and Rangeland Research appropriation,
are also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided shall
be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and
wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $315,000,000 is
for hazardous fuels reduction activities, $11,000,000 is for
rehabilitation and restoration, $23,892,000 is for research
activities and to make competitive research grants pursuant
to the Forest and Rangeland Renewable Resources Research Act,
as amended (16 U.S.C. 1641 et seq.), $48,727,000 is for State
fire assistance, $8,000,000 is for volunteer fire assistance,
$14,252,000 is for forest health activities on Federal lands
and $10,014,000 is for forest health activities on State and
private lands: Provided further, That amounts in this
paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund State fire assistance,
volunteer fire assistance, forest health management, forest
and rangeland research, the Joint Fire Science Program,
vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That transfers of any amounts
in excess of those authorized in this paragraph, shall
require approval of the House and Senate Committees on
Appropriations in compliance with reprogramming procedures
contained in the explanatory statement accompanying this Act:
Provided further, That up to $10,000,000 of the funds
provided under this heading for hazardous fuels treatments
may be transferred to and made a part of the ``National
Forest System'' account at the sole discretion of the Chief
of the Forest Service thirty days after notifying the House
and the Senate Committees on Appropriations: Provided
further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected
parties: Provided further, That in addition to funds provided
for State Fire Assistance programs, and subject to all
authorities available to the Forest Service under the State
and Private Forestry Appropriation, up to $15,000,000 may be
used on adjacent non-Federal lands for the purpose of
protecting communities when hazard reduction activities are
planned on national forest lands that have the potential to
place such communities at risk: Provided further, That funds
made available to implement the Community Forest Restoration
Act, Public Law 106-393, title VI, shall be available for use
on non-Federal lands in accordance with authorities available
to the Forest Service under the State and Private Forestry
Appropriation: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $10,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects: Provided further, That of the funds provided for
hazardous fuels reduction, not to exceed $7,000,000, may be
used to make grants, using any authorities available to the
Forest Service under the State and Private Forestry
appropriation, for the purpose of creating incentives for
increased use of biomass from national forest lands: Provided
further, That funds designated for wildfire suppression shall
be assessed for cost pools on the same basis as such
assessments are calculated against other agency programs.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft from
excess sources to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price
for the replacement aircraft; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment under
5 U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5
U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate
Committees on Appropriations and if and only if all
previously appropriated emergency contingent funds under the
heading ``Wildland Fire Management'' have been released by
the President and apportioned and all wildfire suppression
funds under the heading ``Wildland Fire Management'' are
obligated.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-107 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the explanatory
statement accompanying this Act.
Not more than $73,285,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $24,021,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center.
Funds available to the Forest Service shall be available to
conduct a program of up to $5,000,000 for priority projects
within the scope of the approved budget, of which $2,500,000
shall be carried out by the Youth Conservation Corps and
$2,500,000 shall be carried out under the authority of the
Public Lands Corps Healthy Forests Restoration Act of 2005,
Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, $3,000,000
may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for administrative expenses
or projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer
Federal funds to a non-Federal recipient for a project at the
same rate that the recipient has obtained the non-Federal
matching funds: Provided further, That authorized investments
of Federal funds held by the Foundation may be made only in
interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by
the United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
[[Page H15632]]
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$45,000,000, shall be assessed for the purpose of performing
facilities maintenance. Such assessments shall occur using a
square foot rate charged on the same basis the agency uses to
assess programs for payment of rent, utilities, and other
support services.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $3,018,624,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $588,515,000 for contract
medical care, including $27,000,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available
until expended: Provided further, That no less than
$35,094,000 is provided for maintaining operations of the
urban Indian health program: Provided further, That of the
funds provided, up to $32,000,000 shall remain available
until expended for implementation of the loan repayment
program under section 108 of the Indian Health Care
Improvement Act: Provided further, That $14,000,000 is
provided for a methamphetamine and suicide prevention and
treatment initiative, of which up to $5,000,000 may be used
for mental health, suicide prevention, and behavioral issues
associated with methamphetamine use: Provided further, That
notwithstanding any other provision of law, these funds shall
be allocated outside all other distribution methods and
formulas at the discretion of the Director of the Indian
Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used
for one-year contracts and grants which are to be performed
in two fiscal years, so long as the total obligation is
recorded in the year for which the funds are appropriated:
Provided further, That the amounts collected by the Secretary
of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain
available until expended for the purpose of achieving
compliance with the applicable conditions and requirements of
titles XVIII and XIX of the Social Security Act (exclusive of
planning, design, or construction of new facilities):
Provided further, That funding contained herein, and in any
earlier appropriations Acts for scholarship programs under
the Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be
reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That, notwithstanding any other provision of law, of
the amounts provided herein, not to exceed $271,636,000 shall
be for payments to tribes and tribal organizations for
contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal
organization pursuant to the Indian Self-Determination Act of
1975, as amended, prior to or during fiscal year 2008, of
which not to exceed $5,000,000 may be used for contract
support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts or
annual funding agreements: Provided further, That the Bureau
of Indian Affairs may collect from the Indian Health Service
and tribes and tribal organizations operating health
facilities pursuant to Public Law 93-638 such individually
identifiable health information relating to disabled children
as may be necessary for the purpose of carrying out its
functions under the Individuals with Disabilities Education
Act (20 U.S.C. 1400, et seq.): Provided further, That funds
available for the Indian Health Care Improvement Fund may be
used, as needed, to carry out activities typically funded
under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $380,583,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities:
Provided further, That not to exceed $500,000 shall be used
by the Indian Health Service to purchase TRANSAM equipment
from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service
may be used for sanitation facilities construction for new
homes funded with grants by the housing programs of the
United States Department of Housing and Urban Development:
Provided further, That not to exceed $1,000,000 from this
account and the ``Indian Health Services'' account shall be
used by the Indian Health Service to obtain ambulances for
the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between
the Indian Health Service and the General Services
Administration: Provided further, That not to exceed $500,000
shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for
demolition of Federal buildings.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in
advance with subsequent adjustment. The reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
that provided the funding, with such amounts to remain
available until expended.
[[Page H15633]]
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance notification to the House
and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $78,775,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $75,212,000, of which up to
$1,500,000, to remain available until expended, is for
Individual Learning Accounts for full-time equivalent
employees of the Agency for Toxic Substances and Disease
Registry: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may
conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $2,703,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $9,410,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more
than three career Senior Executive Service positions:
Provided further, that notwithstanding any other provision of
law, the individual appointed to the position of Inspector
General of the Environmental Protection Agency (EPA) shall,
by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$9,000,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$7,297,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees, $571,347,000, of which
not to exceed $19,968,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the
National Museum of African American History and Culture, and
the repatriation of skeletal remains program shall remain
available until expended; and of which $1,578,000 for
fellowships and scholarly awards shall remain available until
September 30, 2009; and including such funds as may be
necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for
advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$107,100,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5
U.S.C. 3109.
Legacy Fund
For major restoration, renovation, and rehabilitation of
existing Smithsonian facilities, $15,000,000, to remain
available until expended: Provided, That funds shall only be
available after being matched by no less than $30,000,000 in
private donations, which shall not include in-kind
contributions: Provided further, That none of the funds made
available under this heading or any required matching funds
shall be used for day-to-day maintenance, general salaries
and expenses, or programmatic purposes.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $101,718,000,
of which not to exceed $3,350,000 for the special exhibition
program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $18,017,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $20,200,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $23,150,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act
[[Page H15634]]
of 1968 (82 Stat. 1356) including hire of passenger vehicles
and services as authorized by 5 U.S.C. 3109, $10,000,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$147,000,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts, including arts education and public outreach
activities, through assistance to organizations and
individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
appropriated herein shall be expended in accordance with
sections 309 and 311 of Public Law 108-447.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$132,490,000, shall be available to the National Endowment
for the Humanities for support of activities in the
humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $14,510,000, to remain available until
expended, of which $9,479,000 shall be available to the
National Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants of up to $10,000, if in the aggregate this
amount does not exceed 5 percent of the sums appropriated for
grant-making purposes per year: Provided further, That such
small grant actions are taken pursuant to the terms of an
expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson: Provided
further, That section 309(1) of division E, Public Law 108-
447, is amended by inserting ``National Opera Fellowship,''
after ``National Heritage Fellowship,''.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $2,092,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), as amended, $8,500,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,348,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $8,265,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting
international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$45,496,000, of which $515,000 for the equipment replacement
program shall remain available until September 30, 2010; and
$1,900,000 for the museum's repair and rehabilitation program
and $1,264,000 for the museum's exhibition design and
production program shall remain available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $22,400,000
shall be available to the Presidio Trust, to remain available
until expended.
White House Commission on the National Moment of Remembrance
salaries and expenses
(including transfer of funds)
For necessary expenses of the White House Commission on the
National Moment of Remembrance, $200,000, which shall be
transferred to the Department of Veterans Affairs,
``Departmental Administration, General Operating Expenses''
account and be administered by the Secretary of Veterans
Affairs.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
Salaries and Expenses
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$2,000,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental,
agency or bureau administrative functions or headquarters,
regional or central operations shall be presented in annual
budget justifications and subject to approval by the
Committees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for
approval.
Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer provided in, this Act or any other Act.
Sec. 407. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 2006.
Sec. 408. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2008, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section
314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
Sec. 409. Notwithstanding any other provision of law,
amounts appropriated to or otherwise designated in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103-138, 103-332, 104-134, 104-
208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-
108, 108-447, 109-54, 109-289, division B and Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5) for payments for
contract support costs associated with self-determination or
self-governance contracts, grants, compacts,
[[Page H15635]]
or annual funding agreements with the Bureau of Indian
Affairs or the Indian Health Service as funded by such Acts,
are the total amounts available for fiscal years 1994 through
2007 for such purposes, except that for the Bureau of Indian
Affairs, tribes and tribal organizations may use their tribal
priority allocations for unmet contract support costs of
ongoing contracts, grants, self-governance compacts or annual
funding agreements.
Sec. 410. Prior to October 1, 2008, the Secretary of
Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without
revision of the plan for a unit of the National Forest
System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
Sec. 411. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a
residual value approach that assigns domestic Alaska values
for western redcedar. Program accomplishments shall be based
on volume sold. Should Region 10 sell, in the current fiscal
year, the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised
using a residual value approach that assigns domestic Alaska
values for western redcedar, all of the western redcedar
timber from those sales which is surplus to the needs of
domestic processors in Alaska, shall be made available to
domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in the
current fiscal year, less than the annual average portion of
the decadal allowable sale quantity called for in the Tongass
Land Management Plan in sales which are not deficit when
appraised using a residual value approach that assigns
domestic Alaska values for western redcedar, the volume of
western redcedar timber available to domestic processors at
prevailing domestic prices in the contiguous 48 United States
shall be that volume: (1) which is surplus to the needs of
domestic processors in Alaska; and (2) is that percent of the
surplus western redcedar volume determined by calculating the
ratio of the total timber volume which has been sold on the
Tongass to the annual average portion of the decadal
allowable sale quantity called for in the current Tongass
Land Management Plan. The percentage shall be calculated by
Region 10 on a rolling basis as each sale is sold (for
purposes of this amendment, a ``rolling basis'' shall mean
that the determination of how much western redcedar is
eligible for sale to various markets shall be made at the
time each sale is awarded). Western redcedar shall be deemed
``surplus to the needs of domestic processors in Alaska''
when the timber sale holder has presented to the Forest
Service documentation of the inability to sell western
redcedar logs from a given sale to domestic Alaska processors
at a price equal to or greater than the log selling value
stated in the contract. All additional western redcedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
Sec. 412. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
Sec. 413. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the
country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of
Agriculture or the Secretary of the Interior shall not enter
into any agreement under this provision unless the foreign
country (either directly or through its fire organization)
agrees to assume any and all liability for the acts or
omissions of American firefighters engaged in firefighting in
a foreign country: Provided further, That when an agreement
is reached for furnishing fire fighting services, the only
remedies for acts or omissions committed while fighting fires
shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any
claim arising out of fighting fires in a foreign country:
Provided further, That neither the sending country nor any
legal organization associated with the firefighter shall be
subject to any legal action whatsoever pertaining to or
arising out of the firefighter's role in fire suppression.
Sec. 414. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of
Agriculture and the Secretary of the Interior (the
``Secretaries'') may, in evaluating bids and proposals, give
consideration to local contractors who are from, and who
provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have
been affected by reduced timber harvesting on Federal lands
and other forest-dependent rural communities isolated from
significant alternative employment opportunities: Provided,
That notwithstanding Federal Government procurement and
contracting laws the Secretaries may award contracts, grants
or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local
or non-profit youth groups, or small or micro-business or
disadvantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous fuels
reduction, watershed or water quality monitoring or
restoration, wildlife or fish population monitoring, or
habitat restoration or management: Provided further, That the
terms ``rural community'' and ``economically disadvantaged''
shall have the same meanings as in section 2374 of Public Law
101-624: Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the
Secretaries of any duty under applicable procurement laws,
except as provided in this section.
Sec. 415. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of the Interior for fiscal year 2008, not more
than $3,450,000 may be used by the Secretary of the Interior
to initiate or continue competitive sourcing studies in
fiscal year 2008 for programs, projects, and activities for
which funds are appropriated by this Act.
(2) None of the funds made available by this or any other
Act may be used in fiscal year 2008 for competitive sourcing
studies and any related activities involving Forest Service
personnel.
(b) Competitive Sourcing Study Defined.--In this section,
the term ``competitive sourcing study'' means a study on
subjecting work performed by Federal Government employees or
private contractors to public-private competition or on
converting the Federal Government employees or the work
performed by such employees to private contractor performance
under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
(c) Competitive Sourcing Exemption for Forest Service
Studies Conducted Prior to Fiscal Year 2006.--The Forest
Service is hereby exempted from implementing the Letter of
Obligation and post-competition accountability guidelines
where a competitive sourcing study involved 65 or fewer full-
time equivalents, the performance decision was made in favor
of the agency provider, no net savings was achieved by
conducting the study, and the study was completed prior to
the date of this Act.
(d) In preparing any reports to the Committees on
Appropriations on competitive sourcing activities, agencies
funded in this Act shall include all costs attributable to
conducting the competitive sourcing competitions and staff
work to prepare for competitions or to determine the
feasibility of starting competitions, including costs
attributable to paying outside consultants and contractors
and, in accordance with full cost accounting principles, all
costs attributable to developing, implementing, supporting,
managing, monitoring, and reporting on competitive sourcing,
including personnel, consultant, travel, and training costs
associated with program management.
(e) In carrying out any competitive sourcing study
involving Department of the Interior employees, the Secretary
of the Interior shall--
(1) determine whether any of the employees concerned are
also qualified to participate in wildland fire management
activities; and
(2) take into consideration the effect that contracting
with a private sector source would have on the ability of the
Department of the Interior to effectively and efficiently
fight and manage wildfires.
Sec. 416. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2000, regarding the
pilot program to enhance Forest Service administration of
rights-of-way (as enacted into law by section 1000(a)(3) of
Public Law 106-113; 113 Stat. 1501A-196; 16 U.S.C. 497 note),
as amended, is amended--
(1) in subsection (a) by striking ``2006'' and inserting
``2012''; and
(2) in subsection (b) by striking ``2006'' and inserting
``2012''.
Sec. 417. Section 321 of the Department of the Interior and
Related Agencies Appropriations Act, 2003, regarding Forest
Service cooperative agreements with third parties that are of
mutually significant benefit (division F of Public Law 108-7;
117 Stat. 274; 16 U.S.C. 565a-1 note) is amended by striking
``September 30, 2007'' and inserting ``September 30, 2010''.
Sec. 418. (a) Notwithstanding any other provision of law
and until October 1, 2009, the Indian Health Service may not
disburse funds for the provision of health care services
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.) to any
Alaska Native village or Alaska Native village corporation
that is located within the area served by an Alaska Native
regional health entity.
(b) Nothing in this section shall be construed to prohibit
the disbursal of funds to any Alaska Native village or Alaska
Native village corporation under any contract or compact
entered into prior to May 1, 2006, or to prohibit the renewal
of any such agreement.
(c) For the purpose of this section, Eastern Aleutian
Tribes, Inc. and the Council of Athabascan Tribal Governments
shall be treated as Alaska Native regional health entities to
which funds may be disbursed under this section.
[[Page H15636]]
Sec. 419. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National
Park Protection and Expansion Act of 1989, or to funds
appropriated for Federal assistance to the State of Florida
to acquire lands for Everglades restoration purposes.
Sec. 420. Section 337(a) of the Department of the Interior
and Related Agencies Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 3012) is amended by striking ``September
30, 2006'' and inserting ``September 30, 2008''.
Sec. 421. Section 339 of division E of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3103)
is amended--
(1) by striking ``2005 through 2007'' and inserting ``2005
through 2008''; and
(2) by adding at the end the following new sentence: ``The
categorical exclusion under this section shall not apply with
respect to any allotment in a federally designated wilderness
area.''.
Sec. 422. A permit fee collected during fiscal year 2007 by
the Secretary of Agriculture under the Act of March 4, 1915
(16 U.S.C. 497) for a marina on the Shasta-Trinity National
Forest shall be deposited in a special account in the
Treasury established for the Secretary of Agriculture, and
shall remain available to the Secretary of Agriculture until
expended, without further appropriation, for purposes stated
in section 808(a)(3)(A-D) of title VIII of division J of
Public Law 108-447 (16 U.S.C. 6807), and for direct operating
or capital costs associated with the issuance of a marina
permit.
Sec. 423. The Forest Service shall allocate to the Regions
of the Forest Service, $15,000,000 from the current balance
in the ``timber roads purchaser election fund'', to remain
available until expended, for the following purposes:
vegetative treatments in timber stands at high risk of fire
due to insect, disease, or drought; road work in support of
vegetative treatments to support forest health objectives;
and maintaining infrastructure for the processing of woody
fiber in Regions where it is critical to sustaining local
economies and fulfilling the forest health objectives of the
Forest Service.
Sec. 424. (a) Land Sale Authorization.--To offset the
acreage acquired by the Federal Government upon the
acquisition of the Elkhorn Ranch in Medora, North Dakota, the
Secretary of Agriculture (in this section referred to as the
``Secretary'') shall sell all right, title, and interest of
the United States to between 5,195 or 5,205 acres of National
Forest System lands located in Billings County, North Dakota.
It is the intent of Congress that there will be no net gain
in federally owned land in North Dakota as a result of these
land conveyances.
(b) Land Sales.--The Secretary may prescribe reservations,
terms, and conditions of sale under this section, and may
configure the descriptions of the land to be sold under this
section to enhance the marketability of the land or for
management purposes. The Secretary may utilize brokers or
other third parties in the sale of land and, from the
proceeds of the sale, may pay reasonable commissions or fees
for services rendered.
(c) Consideration.--As consideration for the purchase of
land sold under this section, the purchaser shall pay to the
Secretary an amount, in cash, equal to the fair market value
of the land, as determined by the Secretary by appraisal or
competitive sale consistent with Federal law applicable to
land sales. The Secretary may reject any offer made under
this section if the Secretary determines, in the absolute
discretion of the Secretary, that the offer is not adequate
or not in the public interest;
(d) Initial Offer.--Under such terms, conditions, and
procedures as the Secretary may prescribe, any base property
landowner holding a current permit to graze any land
authorized for sale under this section shall have a non-
assignable first right to buy the land, provided that right
must be exercised within 6 months after the date of the offer
from the Secretary;
(e) Treatment of Proceeds.--Using the proceeds from the
sale of land under this section, the Secretary shall cover
direct expenses incurred by the Secretary in conducting the
sale. Any remaining proceeds shall be deposited into the fund
established by the Act of December 4, 1967 (commonly known as
the Sisk Act; 16 U.S.C. 484a), and shall be available, until
expended, for the acquisition of land for inclusion in the
National Forest System.
(f) Land Transfers.--The lands are to be conveyed from
fiscal years 2008 to 2009. In the conveyance of any land
authorized by this section, the Secretary shall not be
required to conduct additional environmental analysis,
including heritage resource analysis, and no sale, offer to
sell, or conveyance shall be subject to administrative
appeal.
(g) Elkhorn Ranch.--The grazing land lease terms in effect
on the date of the enactment of this Act relating to the
acquired Elkhorn Ranch in Medora, North Dakota, shall remain
in effect until December 31, 2009. After that date, Federal
land grazing use of the Elkhorn Ranch shall be managed
through the grazing agreement between the Medora Grazing
Association and the Forest Service. The Animal Unit Months
(AUMs) for both Federal and private lands encompassing the
Elkhorn Ranch shall become part of the grazing agreement held
by Medora Grazing Association to be reallocated to its
members in accordance with their rules in effect as of the
date of the enactment of this Act.
(h) The multiple uses of the acquired Elkhorn Ranch shall
continue.
Sec. 425. In fiscal year 2008 and thereafter, the Forest
Service shall not change the eligibility requirements for
base property, and livestock ownership as they relate to
leasing of base property and shared livestock agreements for
grazing permits on the Dakota Prairie Grasslands that were in
effect as of July 18, 2005.
Sec. 426. The Arts and Artifacts Indemnity Act (Public Law
94-158) is amended--
(1) in section 3(a) by striking ``(B) the exhibition of
which is'' and inserting in lieu thereof ``(B) in the case of
international exhibitions,''; and
(2) in section 5(b), by inserting before the period ``for
international exhibitions, and $5,000,000,000 at any one time
for domestic exhibitions''; and
(3) in section 5(c), by inserting before the period ``for
international exhibitions, or $750,000,000 for domestic
exhibitions''.
Sec. 427. In accordance with authorities available in
section 428, of Public Law 109-54, the Secretary of
Agriculture and the Secretary of the Interior shall execute
an agreement that transfers management and oversight of the
Great Onyx, Harper's Ferry, and Oconaluftee Job Corps Centers
to the Forest Service. These Job Corps centers shall continue
to be administered as described in section 147(c) of Public
Law 105-220, Workforce Investment Act of 1998.
Sec. 428. The United States Department of Agriculture,
Forest Service shall seek to collaborate with stakeholders or
parties in Sierra Forest Legacy, et al v. Weingardt, et al,
Civil No. C 07-001654 (E.D. Cal.), and Sierra Club, et al v.
Bosworth, et al, Civil No. C 05-00397 (N.D. Cal.), regarding
harvest operations outside of the Giant Sequoia National
Monument in relation to the decisions approving the Revised
Ice Timber Sale and Fuels Reduction Project and the Frog
Project, and taking into account the terms of the contracts
for those projects, and in relation to the Record of Decision
for the Kings River Project, and as appropriate in regard to
other disputed fuel reduction projects in the area.
Sec. 429. (a) In General.--Section 636 of division A of the
Treasury, Postal Service, and General Government
Appropriations Act, 1997 (5 U.S.C. prec. 5941 note; Public
Law 104-208), is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``or'';
(B) in paragraph (2), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(3) a temporary fire line manager.''; and
(2) in subsection (c)--
(A) in paragraph (3), by striking ``, and'' and inserting a
semicolon;
(B) in paragraph (4)(B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(5) notwithstanding the definition of the terms
`supervisor' and `management official' under section 7103(a)
of title 5, United States Code, the term `temporary fire line
manager' means an employee of the Forest Service or the
Department of the Interior, whose duties include, as
determined by the employing agency--
``(A) temporary supervision or management of personnel
engaged in wildland or managed fire activities;
``(B) providing analysis or information that affects a
decision by a supervisor or manager about a wildland or
managed fire; or
(C) directing the deployment of equipment for a wildland or
managed fire.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act.
Sec. 430. Global Climate Change. (a) The Congress finds
that--
(1) greenhouse gases accumulating in the atmosphere are
causing average temperatures to rise at a rate outside the
range of natural variability and are posing a substantial
risk of rising sea-levels, altered patterns of atmospheric
and oceanic circulation, and increased frequency and severity
of floods, droughts, and wildfires;
(2) there is a growing scientific consensus that human
activity is a substantial cause of greenhouse gas
accumulation in the atmosphere; and
(3) mandatory steps will be required to slow or stop the
growth of greenhouse gas emissions into the atmosphere.
(b) It is the sense of the Congress that there should be
enacted a comprehensive and effective national program of
mandatory, market-based limits and incentives on emissions of
greenhouse gases that slow, stop, and reverse the growth of
such emissions at a rate and in a manner that: (1) will not
significantly harm the United States economy; and (2) will
encourage comparable action by other nations that are major
trading partners and key contributors to global emissions.
Sec. 431. None of the funds made available in this Act may
be used to purchase light bulbs unless the light bulbs have
the ``ENERGY STAR'' or ``Federal Energy Management Program''
designation, except in instances where the agency determines
that ENERGY STAR or FEMP designated light bulbs are not cost-
effective over the life of the light bulbs or are not
reasonably available to meet the functional requirements of
the agency.
Sec. 432. None of the funds made available under this Act
may be used to promulgate or implement the Environmental
Protection Agency proposed regulations published in the
Federal Register on January 3, 2007 (72 Fed. Reg. 69).
Sec. 433. None of the funds made available by this Act
shall be used to prepare or publish final regulations
regarding a commercial leasing program for oil shale
resources on public lands pursuant to section 369(d) of the
Energy Policy Act of 2005 (Public Law 109-58) or to conduct
an oil shale lease sale pursuant to subsection 369(e) of such
Act.
Sec. 434. Section 401 of the Herger-Feinstein Quincy
Library Group Forest Recovery Act, Public Law 105-277,
division A, Sec. 101(e) [title IV], 112 Stat. 2681-305, is
amended--
(1) In section (g) by striking ``until'' and all that
follows and inserting ``until September 30, 2012.'';
[[Page H15637]]
(2) By deleting section (i) and inserting: ``By June 1,
2008, the Forest Service shall initiate a collaborative
process with the Plaintiffs in Sierra Nevada Forest Prot.
Campaign v. Rey, Case No. CIV-S-05-0205 MCE/GGH (E.D. Cal.),
appeal docketed sub nom. Sierra Forest Legacy v. Rey, No. 07-
16892 (9th Cir. Oct. 23, 2007) and the Quincy Library Group
to determine whether modifications to the Pilot Project are
appropriate for the remainder of the Pilot Project.''; and
(3) By adding at the end the following:
``(m) Sections 104-106 of Public Law 108-148 shall apply to
projects authorized by this Act.''.
Sec. 435. In addition to the amounts otherwise provided to
the Environmental Protection Agency in this Act, $8,000,000,
to remain available until expended, is provided to EPA to be
transferred to the Department of the Navy for clean-up
activities at the Treasure Island Naval Station--Hunters
Point Annex.
Sec. 436. In addition to amounts provided to the
Environmental Protection Agency in this Act, the Oklahoma
Department of Environmental Quality is provided the amount of
$3,000,000 for a grant to the Oklahoma Department of
Environmental Quality for ongoing relocation assistance as
administered by the Lead Impacted Communities Relocation
Assistance Trust and as conducted consistent with the use of
prior unexpended funding for relocation assistance, including
buy outs of properties, in accordance with section 2301 of
Public Law 109-234 (120 Stat. 455-466).
Sec. 437. (a) Across-the-Board Rescissions.--There is
hereby rescinded an amount equal to 1.56 percent of the
budget authority provided for fiscal year 2008 for any
discretionary appropriation in titles I through IV of this
Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying reports for the relevant fiscal year covering
such account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most recently
submitted President's budget).
(c) Indian Land and Water Claim Settlements.--Under the
heading ``Bureau of Indian Affairs, Indian Land and Water
Claim Settlements and Miscellaneous Payments to Indians'',
the across-the-board rescission in this section, and any
subsequent across-the-board rescission for fiscal year 2008,
shall apply only to the first dollar amount in the paragraph
and the distribution of the rescission shall be at the
discretion of the Secretary of the Interior who shall submit
a report on such distribution and the rationale therefor to
the House and Senate Committees on Appropriations.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report specifying the account and amount of each rescission
made pursuant to this section.
TITLE V
WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$78,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such
funds shall only become available if funds previously
provided for wildland fire suppression will be exhausted
imminently and the Secretary of the Interior notifies the
House and Senate Committees on Appropriations in writing of
the need for these additional funds: Provided further, That
such funds are also available for repayment to other
appropriations accounts from which funds were transferred for
wildfire suppression: Provided further, That the amount
provided by this paragraph is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act).
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$222,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such
funds shall only become available if funds provided
previously for wildland fire suppression will be exhausted
imminently and the Secretary of Agriculture notifies the
House and Senate Committees on Appropriations in writing of
the need for these additional funds: Provided further, That
such funds are also available for repayment to other
appropriation accounts from which funds were transferred for
wildfire suppression: Provided further, That the amount
provided by this paragraph is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act).
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2008''.
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
(including rescissions)
For necessary expenses of the Workforce Investment Act of
1998 (``WIA''), the Denali Commission Act of 1998, and the
Women in Apprenticeship and Non-Traditional Occupations Act
of 1992, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real
property for training centers as authorized by the WIA;
$3,608,349,000, plus reimbursements, is available. Of the
amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,994,510,000 as
follows:
(A) $864,199,000 for adult employment and training
activities, of which $152,199,000 shall be available for the
period July 1, 2008 to June 30, 2009, and of which
$712,000,000 shall be available for the period October 1,
2008 through June 30, 2009;
(B) $940,500,000 for youth activities, which shall be
available for the period April 1, 2008 through June 30, 2009;
and
(C) $1,189,811,000 for dislocated worker employment and
training activities, of which $341,811,000 shall be available
for the period July 1, 2008 through June 30, 2009, and of
which $848,000,000 shall be available for the period October
1, 2008 through June 30, 2009:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds
may be transferred by a local board if approved by the
Governor;
(2) for federally administered programs, $477,873,000 as
follows:
(A) $282,092,000 for the dislocated workers assistance
national reserve, of which $6,300,000 shall be available on
October 1, 2007, of which $63,792,000 shall be available for
the period July 1, 2008 through June 30, 2009, and of which
$212,000,000 shall be available for the period October 1,
2008 through June 30, 2009: Provided, That up to $125,000,000
may be made available for Community-Based Job Training grants
from funds reserved under section 132(a)(2)(A) of the WIA and
shall be used to carry out such grants under section 171(d)
of such Act, except that the 10 percent limitation otherwise
applicable to the amount of funds that may be used to carry
out section 171(d) shall not be applicable to funds used for
Community-Based Job Training grants: Provided further, That
funds provided to carry out section 132(a)(2)(A) of the WIA
may be used to provide assistance to a State for State-wide
or local use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with emerging
economic development needs; and train such eligible
dislocated workers: Provided further, That funds provided to
carry out section 171(d) of the WIA may be used for
demonstration projects that provide assistance to new
entrants in the workforce and incumbent workers: Provided
further, That $2,600,000 shall be for a noncompetitive grant
to the National Center on Education and the Economy, which
shall be awarded not later than 30 days after the date of
enactment of this Act: Provided further, That $1,500,000
shall be for a non-competitive grant to the AFL-CIO Working
for America Institute, which shall be awarded not later than
30 days after the date of enactment of this Act: Provided
further, That $2,200,000 shall be for a non-competitive grant
to the AFL-CIO Appalachian Council, Incorporated, for Job
Corps career transition services, which shall be awarded not
later than 30 days after the date of enactment of this Act;
(B) $53,696,000 for Native American programs, which shall
be available for the period July 1, 2008 through June 30,
2009;
(C) $81,085,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including $75,610,000
for formula grants (of which not less that 70 percent shall
be for employment and training services), $4,975,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $500,000 for
other discretionary purposes, which shall be available for
the period July 1, 2008 through June 30, 2009: Provided,
That, notwithstanding any other provision of law or related
regulation, the Department shall take no action limiting the
number or proportion of eligible participants receiving
related assistance services or discouraging grantees from
providing such services;
(D) $1,000,000 for carrying out the Women in Apprenticeship
and Nontraditional Occupations Act, which shall be available
for the period July 1, 2008 through June 30, 2009; and
(E) $60,000,000 for YouthBuild activities as described in
section 173A of the WIA, which shall be available for the
period April 1, 2008 through June 30, 2009;
(3) for national activities, $135,966,000, which shall be
available for the period July 1, 2008 through July 30, 2009
as follows:
(A) $49,370,000 for Pilots, Demonstrations, and Research,
of which $5,000,000 shall be for grants to address the
employment and training needs of young parents
(notwithstanding the requirements of sections 171(b)(2)(B) or
171(c)(4)(D) of the WIA): Provided, That funding provided to
carry out projects under section 171 of the WIA that are
identified in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act), shall not be subject to the requirements of section
171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint funding
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of the
WIA, or any time limit requirements of sections 171(b)(2)(C)
and 171(c)(4)(B) of the WIA;
[[Page H15638]]
(B) $74,800,000 for ex-offender activities, under the
authority of section 171 of the Act, notwithstanding the
requirements of sections 171(b)(2)(B) or 171(c)(4)(D), of
which not less than $55,000,000 shall be for youthful
offender activities: Provided, That $50,000,000 shall be
available from program year 2007 and program year 2008 funds
for competitive grants to local educational agencies or
community-based organizations to develop and implement
mentoring strategies that integrate educational and
employment interventions designed to prevent youth violence
in schools identified as persistently dangerous under section
9532 of the Elementary and Secondary Education Act;
(C) $4,921,000 for Evaluation under section 172 of the WIA;
and
(D) $6,875,000 for the Denali Commission, which shall be
available for the period July 1, 2008 through June 30, 2009.
Of the amounts made available under this heading in Public
Law 107-116 to carry out the activities of the National
Skills Standards Board, $44,000 are rescinded.
Of the unexpended balances remaining from funds
appropriated to the Department of Labor under this heading
for fiscal years 2005 and 2006 to carry out the Youth, Adult
and Dislocated Worker formula programs under the Workforce
Investment Act, $250,000,000 are rescinded: Provided, That
the Secretary of Labor may, upon the request of a State,
apply any portion of the State's share of this rescission to
funds otherwise available to the State for such programs
during program year 2007: Provided further, That
notwithstanding any provision of such Act, the Secretary may
waive such requirements as may be necessary to carry out the
instructions relating to this rescission in House Report 110-
424.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965,
$530,900,000, which shall be available for the period July 1,
2008 through June 30, 2009.
federal unemployment benefits and allowances
For payments during fiscal year 2008 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, allowances for job
search and relocation, and related State administrative
expenses under Part II of subchapter B of chapter 2 of title
II of the Trade Act of 1974, $888,700,000, together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2008.
State Unemployment Insurance and Employment Service Operations
For authorized administrative expenses, $90,517,000,
together with not to exceed $3,233,436,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,497,770,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security
Act, the administration of unemployment insurance for Federal
employees and for ex-service members as authorized under
sections 8501-8523 of title 5, United States Code, and the
administration of trade readjustment allowances and
alternative trade adjustment assistance under the Trade Act
of 1974, and shall be available for obligation by the States
through December 31, 2008, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2010, and funds used for
unemployment insurance workloads experienced by the States
through September 30, 2008 shall be available for Federal
obligation through December 31, 2008;
(2) $9,900,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $693,000,000 from the Trust Fund, together with
$22,883,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2008 through June 30, 2009;
(4) $32,766,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, the
administration of activities, including foreign labor
certifications, under the Immigration and Nationality Act,
and the provision of technical assistance and staff training
under the Wagner-Peyser Act, including not to exceed
$1,228,000 that may be used for amortization payments to
States which had independent retirement plans in their State
employment service agencies prior to 1980;
(5) $52,985,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2008
through June 30, 2009; and
(6) $14,649,000 from the General Fund is to provide for
work incentive grants to the States and shall be available
for the period July 1, 2008 through June 30, 2009:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2008 is projected by
the Department of Labor to exceed 2,786,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary of Labor may use
funds appropriated for grants to States under title III of
the Social Security Act to make payments on behalf of States
for the use of the National Directory of New Hires under
section 453(j)(8) of such Act: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance or immigration programs, may be
obligated in contracts, grants, or agreements with non-State
entities: Provided further, That funds appropriated under
this Act for activities authorized under title III of the
Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and
Employment Service automation efforts, notwithstanding cost
allocation principles prescribed under the Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1954; and for nonrepayable advances to the Unemployment
Trust Fund as authorized by section 8509 of title 5, United
States Code, and to the ``Federal unemployment benefits and
allowances'' account, to remain available until September 30,
2009, $437,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 2008, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums
as may be necessary.
Program Administration
For expenses of administering employment and training
programs, $88,451,000, together with not to exceed
$86,936,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $141,790,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 4201 et
seq.), within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to
make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act (31 U.S.C. 9104), as may be necessary
in carrying out the program, including associated
administrative expenses, through September 30, 2008, for such
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2008 shall be available for
obligations for administrative expenses in excess of
$411,151,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2008, an amount
not to exceed an additional $9,200,000 shall be available for
obligation for administrative expenses for every 20,000
additional terminated participants: Provided further, That an
additional $50,000 shall be made available for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan
terminations, after approval by the Office of Management and
Budget and notification of the Committees on Appropriations
of the House of Representatives and the Senate.
Employment Standards Administration
Salaries and Expenses
(including rescission)
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection
services rendered, $426,351,000, together with $2,058,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act: Provided, That the
Secretary of Labor is authorized to establish and, in
accordance with 31 U.S.C. 3302, collect and deposit in the
Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938 and for processing applications and
issuing registrations under title I of the Migrant and
Seasonal Agricultural Worker Protection Act.
Of the unobligated funds collected pursuant to section
286(v) of the Immigration and Nationality Act, $102,000,000
are rescinded.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by chapter 81 of title 5,
United States Code; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f) of the War Claims Act of 1948; and 50 percent
of the additional compensation and
[[Page H15639]]
benefits required by section 10(h) of the Longshore and
Harbor Workers' Compensation Act, $203,000,000, together with
such amounts as may be necessary to be charged to the
subsequent year appropriation for the payment of compensation
and other benefits for any period subsequent to August 15 of
the current year: Provided, That amounts appropriated may be
used under section 8104 of title 5, United States Code, by
the Secretary of Labor to reimburse an employer, who is not
the employer at the time of injury, for portions of the
salary of a reemployed, disabled beneficiary: Provided
further, That balances of reimbursements unobligated on
September 30, 2007, shall remain available until expended for
the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c)
of title 5, United States Code, to pay an amount for its fair
share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for
employees of such fair share entities through September 30,
2008: Provided further, That of those funds transferred to
this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act,
$52,280,000 shall be made available to the Secretary as
follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems,
$21,855,000.
(2) For automated workload processing operations, including
document imaging, centralized mail intake and medical bill
processing, $16,109,000.
(3) For periodic roll management and medical review,
$14,316,000.
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under chapter 81 of title 5, United States Code, or the
Longshore and Harbor Workers' Compensation Act, provide as
part of such notice and claim, such identifying information
(including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$208,221,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2009, $62,000,000, to remain available
until expended.
Administrative Expenses, Energy Employees Occupational Illness
Compensation Fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $104,745,000,
to remain available until expended: Provided, That the
Secretary of Labor is authorized to transfer to any executive
agency with authority under the Energy Employees Occupational
Illness Compensation Program Act, including within the
Department of Labor, such sums as may be necessary in fiscal
year 2008 to carry out those authorities: Provided further,
That the Secretary may require that any person filing a claim
for benefits under the Act provide as part of such claim,
such identifying information (including Social Security
account number) as may be prescribed: Provided further, That
not later than 30 days after enactment of this Act, in
addition to other sums transferred by the Secretary to the
National Institute for Occupational Safety and Health
(``NIOSH'') for the administration of the Energy Employees
Occupational Illness Compensation Program (``EEOICP''), the
Secretary shall transfer $4,500,000 to NIOSH from the funds
appropriated to the Energy Employees Occupational Illness
Compensation Fund, for use by or in support of the Advisory
Board on Radiation and Worker Health (``the Board'') to carry
out its statutory responsibilities under the EEOICP,
including obtaining audits, technical assistance and other
support from the Board's audit contractor with regard to
radiation dose estimation and reconstruction efforts, site
profiles, procedures, and review of Special Exposure Cohort
petitions and evaluation reports.
Black Lung Disability Trust Fund
(including transfer of funds)
In fiscal year 2008 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to
remain available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954; and interest on advances, as
authorized by section 9501(c)(2) of that Act. In addition,
the following amounts shall be available from the Fund for
fiscal year 2008 for expenses of operation and administration
of the Black Lung Benefits program, as authorized by section
9501(d)(5): not to exceed $32,761,000 for transfer to the
Employment Standards Administration ``Salaries and
Expenses''; not to exceed $24,785,000 for transfer to
Departmental Management, ``Salaries and Expenses''; not to
exceed $335,000 for transfer to Departmental Management,
``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of
the Department of the Treasury.
Occupational Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Occupational Safety and
Health Administration, $494,641,000, including not to exceed
$91,093,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary of Labor under section 18 of
the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2008, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(DART) occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs 10 or
fewer employees: Provided further, That $10,116,000 shall be
available for Susan Harwood training grants, of which
$3,200,000 shall be used for the Institutional Competency
Building training grants which commenced in September 2000,
for program activities for the period of October 1, 2007 to
September 30, 2008, provided that a grantee has demonstrated
satisfactory performance: Provided further, That such grants
shall be awarded not later than 30 days after the date of
enactment of this Act: Provided further, That the Secretary
shall provide a report to the Committees on Appropriations of
the House of Representatives and the Senate with timetables
for the development and issuance of occupational safety and
health standards on beryllium, silica, cranes and derricks,
confined space entry in construction, and hazard
communication global harmonization; such timetables shall
include actual or estimated dates for: the publication of an
advance notice of proposed rulemaking, the commencement and
completion of a Small Business Regulatory Enforcement
Fairness Act review (if required), the completion of any peer
review (if required), the submission of the draft proposed
rule to the Office of Management and Budget for review under
Executive Order No. 12866 (if required), the publication of a
proposed rule, the conduct of public hearings, the submission
of a draft final rule to the Office and Management and Budget
for review under Executive Order No. 12866 (if required), and
the issuance of a final rule; and such report shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate within 90 days of the
enactment of this Act, with updates provided every 90 days
thereafter that shall include an explanation of the reasons
for any delays in meeting the projected timetables for
action.
Mine Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Mine Safety and Health
Administration, $339,862,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities, $2,200,000 for an award to the United Mine
Workers of America, for classroom and simulated rescue
training for mine rescue teams, and $1,184,000 for an award
to the Wheeling Jesuit University, for the National
Technology Transfer Center for a coal slurry impoundment
project; in addition, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room,
[[Page H15640]]
board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine
safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and
may utilize such sums for such activities; the Secretary of
Labor is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations; the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law,
may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
the national organization; and any funds available to the
Department may be used, with the approval of the Secretary,
to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
Salaries and Expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$476,861,000, together with not to exceed $77,067,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $5,000,000
may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act: Provided, That the
Current Employment Survey shall maintain the content of the
survey issued prior to June 2005 with respect to the
collection of data for the women worker series.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $27,712,000.
Departmental Management
Salaries and Expenses
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the
management or operation, through contracts, grants or other
arrangements of Departmental activities conducted by or
through the Bureau of International Labor Affairs, including
bilateral and multilateral technical assistance and other
international labor activities, $296,756,000, of which
$82,516,000 is for the Bureau of International Labor Affairs
(including $5,000,000 to implement model programs to address
worker rights issues through technical assistance in
countries with which the United States has trade preference
programs), and of which $20,000,000 is for the acquisition of
Departmental information technology, architecture,
infrastructure, equipment, software and related needs, which
will be allocated by the Department's Chief Information
Officer in accordance with the Department's capital
investment management process to assure a sound investment
strategy; together with not to exceed $308,000, which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund.
Office of Job Corps
To carry out subtitle C of title I of the Workforce
Investment Act of 1998, including Federal administrative
expenses, the purchase and hire of passenger motor vehicles,
the construction, alteration and repairs of buildings and
other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment
Act; $1,626,855,000, plus reimbursements, as follows:
(1) $1,485,357,000 for Job Corps Operations, of which
$894,357,000 is available for obligation for the period July
1, 2008 through June 30, 2009 and of which $591,000,000 is
available for obligation for the period October 1, 2008
through June 30, 2009;
(2) $112,920,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $12,920,000 is
available for the period July 1, 2008 through June 30, 2011
and $100,000,000 is available for the period October 1, 2008
through June 30, 2011; and
(3) $28,578,000 for necessary expenses of the Office of Job
Corps is available for obligation for the period October 1,
2007 through September 30, 2008:
Provided, That the Office of Job Corps shall have contracting
authority: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or
for Job Corps centers: Provided further, That none of the
funds made available in this Act shall be used to reduce Job
Corps total student training slots below the current level of
44,491 in program year 2008.
veterans employment and training
Not to exceed $200,631,000 may be derived from the
Employment Security Administration Account in the
Unemployment Trust Fund to carry out the provisions of
sections 4100-4113, 4211-4215, and 4321-4327 of title 38,
United States Code, and Public Law 103-353, and which shall
be available for obligation by the States through December
31, 2008, of which $1,984,000 is for the National Veterans'
Employment and Training Services Institute. To carry out the
Homeless Veterans Reintegration Programs under section
5(a)(1) of the Homeless Veterans Comprehensive Assistance Act
of 2001 and the Veterans Workforce Investment Programs under
section 168 of the Workforce Investment Act, $31,522,000, of
which $7,482,000 shall be available for obligation for the
period July 1, 2008, through June 30, 2009.
Office of Inspector General
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $70,072,000, together with not to exceed
$5,641,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
General Provisions
Sec. 101. None of the funds appropriated in this Act for
the Job Corps shall be used to pay the salary of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level I.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. After September 30, 2007, the Secretary of Labor
shall issue a monthly transit subsidy of not less than the
full amount (of not less than $110) that each of its
employees of the National Capital Region is eligible to
receive.
Sec. 105. None of the funds appropriated in this title for
grants under section 171 of the Workforce Investment Act of
1998 may be obligated prior to the preparation and submission
of a report by the Secretary of Labor to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds.
Sec. 106. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be
constructed.
Sec. 107. None of the funds made available to the
Department of Labor for grants under section 414(c) of the
American Competitiveness and Workforce Improvement Act of
1998 may be used for any purpose other than training in the
occupations and industries for which employers are using H-1B
visas to hire foreign workers, and the related activities
necessary to support such training: Provided, That the
preceding limitation shall not apply to multi-year grants
awarded prior to June 30, 2007.
Sec. 108. None of the funds available in this Act or
available to the Secretary of Labor from other sources for
Community-Based Job Training grants and grants authorized
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 shall be obligated for a
grant awarded on a non-competitive basis.
Sec. 109. The Secretary of Labor shall take no action to
amend, through regulatory or administration action, the
definition established in 20 CFR 667.220 for functions and
activities under title I of the Workforce Investment Act of
1998, or to modify, through regulatory or administrative
action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in
section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the
preceding sentence shall permit or require the Secretary of
Labor to withdraw approval for such redesignation from a
State that received the approval not later than October 12,
2005, or to revise action taken or modify the redesignation
procedure being used by the Secretary in order to complete
such redesignation for a State that initiated the process of
such redesignation by submitting any request for such
redesignation not later than October 26, 2005.
Sec. 110. None of the funds made available in this or any
other Act shall be available to finalize or implement any
proposed regulation under the Workforce Investment Act of
1998, Wagner-Peyser Act of 1933, or the Trade Adjustment
Assistance Reform Act of 2002 until such time as legislation
reauthorizing the Workforce Investment Act of 1998 and the
Trade Adjustment Assistance Reform Act of 2002 is enacted.
Sec. 111. None of the funds available in this Act may be
used to carry out a public-private competition or direct
conversion under Office of Management and Budget Circular A-
76 or any successor administrative regulation, directive or
policy until 60 days after the Government Accountability
Office provides a report to the Committees on Appropriations
of the House of Representatives and the Senate on the use of
competitive sourcing at the Department of Labor.
[[Page H15641]]
Sec. 112. (a) Not later than June 20, 2008, the Secretary
of Labor shall propose regulations pursuant to section 303(y)
of the Federal Mine Safety and Health Act of 1977, consistent
with the recommendations of the Technical Study Panel
established pursuant to section 11 of the Mine Improvement
and New Emergency Response (MINER) Act (Public Law 109-236),
to require that in any coal mine, regardless of the date on
which it was opened, belt haulage entries not be used to
ventilate active working places without prior approval from
the Assistant Secretary. Further, a mine ventilation plan
incorporating the use of air coursed through belt haulage
entries to ventilate active working places shall not be
approved until the Assistant Secretary has reviewed the
elements of the plan related to the use of belt air and
determined that the plan at all times affords at least the
same measure of protection where belt haulage entries are not
used to ventilate working places. The Secretary shall
finalize the regulations not later than December 31, 2008.
(b) Not later than June 15, 2008, the Secretary of Labor
shall propose regulations pursuant to section 315 of the
Federal Coal Mine Health and Safety Act of 1969, consistent
with the recommendations of the National Institute for
Occupational Safety and Health pursuant to section 13 of the
MINER Act (Public Law 109-236), requiring rescue chambers, or
facilities that afford at least the same measure of
protection, in underground coal mines. The Secretary shall
finalize the regulations not later than December 31, 2008.
Sec. 113. None of the funds appropriated in this Act under
the heading ``Employment and Training Administration'' shall
be used by a recipient or subrecipient of such funds to pay
the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in OMB Circular A-
133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative
cost-of-living in the State, the compensation levels for
comparable State or local government employees, and the size
of the organizations that administer Federal programs
involved including Employment and Training Administration
programs.
Sec. 114. (a) In this section:
(1) The term ``covered funds'' means funds provided under
section 173 of the Workforce Investment Act of 1998 (29
U.S.C. 2918) to a State that submits an application under
that section not earlier than May 4, 2007, for a national
emergency grant to address the effects of the May 4, 2007,
Greensburg, Kansas tornado.
(2) The term ``professional municipal services'' means
services that are necessary to facilitate the recovery of
Greensburg, Kansas from that tornado, and necessary to plan
for or provide basic management and administrative services,
which may include--
(A) the overall coordination of disaster recovery and
humanitarian efforts, oversight, and enforcement of building
code compliance, and coordination of health and safety
response units; or
(B) the delivery of humanitarian assistance to individuals
affected by that tornado.
(b) Covered funds may be used to provide temporary public
sector employment and services authorized under section 173
of such Act to individuals affected by such tornado,
including individuals who were unemployed on the date of the
tornado, or who are without employment history, in addition
to individuals who are eligible for disaster relief
employment under section 173(d)(2) of such Act.
(c) Covered funds may be used to provide professional
municipal services for a period of not more than 24 months,
by hiring or contracting with individuals or organizations
(including individuals employed by contractors) that the
State involved determines are necessary to provide
professional municipal services.
(d) Covered funds expended under this section may be spent
on costs incurred not earlier than May 4, 2007.
This title may be cited as the ``Department of Labor
Appropriations Act, 2008''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Resources and Services
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act, title
V and sections 1128E, and 711, and 1820 of the Social
Security Act, the Health Care Quality Improvement Act of
1986, the Native Hawaiian Health Care Act of 1988, the
Cardiac Arrest Survival Act of 2000, and section 712 of the
American Jobs Creation Act of 2004, $6,978,099,000, of which
$309,889,000 shall be available for construction and
renovation (including equipment) of health care and other
facilities and other health-related activities specified in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), and of
which $38,538,000 from general revenues, notwithstanding
section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital
flexibility grants program under such section: Provided, That
of the funds made available under this heading, $160,000
shall be available until expended for facilities renovations
at the Gillis W. Long Hansen's Disease Center: Provided
further, That $40,000,000 of the funding provided for
community health centers shall be for base grant adjustments
for existing health centers: Provided further, That in
addition to fees authorized by section 427(b) of the Health
Care Quality Improvement Act of 1986, fees shall be collected
for the full disclosure of information under the Act
sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available
until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under
the ``Health Care Fraud and Abuse Data Collection Program'',
authorized by section 1128E(d)(2) of the Social Security Act,
shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to
carry out that Act: Provided further, That no more than
$40,000 is available until expended for carrying out the
provisions of 42 U.S.C. 233(o) including associated
administrative expenses and relevant evaluations: Provided
further, That no more than $44,055,000 is available until
expended for carrying out the provisions of Public Law 104-73
and for expenses incurred by the Department of Health and
Human Services pertaining to administrative claims made under
such law: Provided further, That of the funds made available
under this heading, $305,315,000 shall be for the program
under title X of the Public Health Service Act to provide for
voluntary family planning projects: Provided further, That
amounts provided to said projects under such title shall not
be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office: Provided further, That of the
funds available under this heading, $1,854,800,000 shall
remain available to the Secretary of Health and Human
Services through September 30, 2010, for parts A and B of
title XXVI of the Public Health Service Act: Provided
further, That within the amounts provided for part A of title
XXVI of the Public Health Service Act, funds shall be made
available to qualifying jurisdictions, within 45 days of
enactment, for increasing supplemental grants for fiscal year
2008 to metropolitan areas that received grant funding in
fiscal year 2007 under subparts I and II of part A of title
XXVI of the Public Health Service Act to ensure that an
area's total funding under part A for fiscal year 2007,
together with the amount of this additional funding, is not
less than 86.6 percent of the amount of such area's total
funding under part A for fiscal year 2006: Provided further,
That, notwithstanding section 2603(c)(1) of the Public Health
Service Act, the additional funding to areas under the
immediately preceding proviso, which may be used for costs
incurred during fiscal year 2007, shall be available to the
area for obligation from the date of the award through the
end of the grant year for the award: Provided further, That
$808,500,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act:
Provided further, That in addition to amounts provided
herein, $25,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out Parts A, B, C, and D of title XXVI of the Public Health
Service Act to fund section 2691 Special Projects of National
Significance: Provided further, That, notwithstanding section
502(a)(1) and 502(b)(1) of the Social Security Act, not to
exceed $100,937,000 is available for carrying out special
projects of regional and national significance pursuant to
section 501(a)(2) of such Act and $10,586,000 is available
for projects described in paragraphs (A) through (F) of
section 501(a)(3) of such Act: Provided further, That of the
funds provided, $39,283,000 shall be provided to the Denali
Commission as a direct lump payment pursuant to Public Law
106-113: Provided further, That of the funds provided,
$25,000,000 shall be provided for the Delta Health Initiative
as authorized in section 219 of this Act and associated
administrative expenses: Provided further, That
notwithstanding section 747(e)(2) of the PHS Act, not less
than $5,000,000 shall be for general dentistry programs, not
less than $5,000,000 shall be for pediatric dentistry
programs and not less than $24,614,000 shall be for family
medicine programs: Provided further, That of the funds
available under this heading, $9,000,000 shall be provided
for the National Cord Blood Inventory pursuant to the Stem
Cell Therapeutic and Research Act of 2005.
Health Education Assistance Loans Program Account
Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the Public Health
Service Act. For administrative expenses to carry out the
guaranteed loan program, including section 709 of the Public
Health Service Act, $2,898,000.
Vaccine Injury Compensation Program Trust Fund
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims
associated with vaccine-related injury or death with respect
to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the Public Health Service Act,
to remain available until expended: Provided, That for
necessary administrative expenses, not to exceed $5,500,000
shall be available from the Trust Fund to the Secretary of
Health and Human Services.
Centers for Disease Control and Prevention
Disease Control, Research, and Training
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, 501, and 514 of the Federal Mine
Safety and Health Act of 1977, section 13 of the Mine
Improvement and New Emergency Response Act of 2006, sections
20, 21, and 22 of the Occupational Safety and Health Act of
1970, title IV of the
[[Page H15642]]
Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, and for expenses necessary
to support activities related to countering potential
biological, disease, nuclear, radiological, and chemical
threats to civilian populations; including purchase and
insurance of official motor vehicles in foreign countries;
and purchase, hire, maintenance, and operation of aircraft,
$6,156,541,000, of which $56,000,000 shall remain available
until expended for equipment, construction and renovation of
facilities; of which $568,803,000 shall remain available
until expended for the Strategic National Stockpile; of which
$27,215,000 shall be available for public health improvement
activities specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act); of which $121,541,000 for international
HIV/AIDS shall remain available until September 30, 2009; and
of which $109,000,000 shall be available until expended to
provide screening and treatment for first response emergency
services personnel, residents, students, and others related
to the September 11, 2001 terrorist attacks on the World
Trade Center: Provided, That of this amount, $56,500,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act). In addition, such sums
as may be derived from authorized user fees, which shall be
credited to this account: Provided, That in addition to
amounts provided herein, the following amounts shall be
available from amounts available under section 241 of the
Public Health Service Act: (1) $12,794,000 to carry out the
National Immunization Surveys; (2) $113,636,000 to carry out
the National Center for Health Statistics surveys; (3)
$24,751,000 to carry out information systems standards
development and architecture and applications-based research
used at local public health levels; (4) $48,523,000 for
Health Marketing; (5) $31,000,000 to carry out Public Health
Research; and (6) $94,969,000 to carry out research
activities within the National Occupational Research Agenda:
Provided further, That none of the funds made available for
injury prevention and control at the Centers for Disease
Control and Prevention may be used, in whole or in part, to
advocate or promote gun control: Provided further, That up to
$31,800,000 shall be made available until expended for
Individual Learning Accounts for full-time equivalent
employees of the Centers for Disease Control and Prevention:
Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502,
section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are to be notified promptly of any such transfer: Provided
further, That not to exceed $18,929,000 may be available for
making grants under section 1509 of the Public Health Service
Act to not less than 15 States, tribes, or tribal
organizations: Provided further, That notwithstanding any
other provision of law, the Centers for Disease Control and
Prevention shall award a single contract or related contracts
for development and construction of the next building or
facility designated in the Buildings and Facilities Master
Plan that 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 of the funds appropriated,
$10,000 is for official reception and representation expenses
when specifically approved by the Director of the Centers for
Disease Control and Prevention: Provided further, That
employees of the Centers for Disease Control and Prevention
or the Public Health Service, both civilian and Commissioned
Officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the Public
Health Service Act, or in overseas assignments, shall be
treated as non-Federal employees for reporting purposes only
and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department of
Health and Human Services during the period of detail or
assignment: Provided further, That out of funds made
available under this heading for domestic HIV/AIDS testing,
up to $30,000,000 shall be for States eligible under section
2625 of the Public Health Service Act as of December 31, 2007
and shall be distributed by May 31, 2008 based on standard
criteria relating to a State's epidemiological profile, and
of which not more than $1,000,000 may be made available to
any one State, and any amounts that have not been obligated
by May 31, 2008 shall be used to make grants authorized by
other provisions of the Public Health Service Act to States
and local public health departments for HIV prevention
activities.
National Institutes of Health
National Cancer Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,890,525,000, of
which up to $8,000,000 may be used for facilities repairs and
improvements at the NCI-Frederick Federally Funded Research
and Development Center in Frederick, Maryland.
National Heart, Lung, and Blood Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,974,900,000.
National Institute of Dental and Craniofacial Research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$396,632,000.
National Institute of Diabetes and Digestive and Kidney Diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,736,199,000.
National Institute of Neurological Disorders and Stroke
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,571,353,000.
National Institute of Allergy and Infectious Diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,641,746,000: Provided, That $300,000,000 may be
made available to International Assistance Programs ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to
remain available until expended: Provided further, That such
sums obligated in fiscal years 2003 through 2007 for
extramural facilities construction projects are to remain
available until expended for disbursement, with prior
notification of such projects to the Committees on
Appropriations of the House of Representatives and the
Senate.
National Institute of General Medical Sciences
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,970,228,000.
National Institute of Child Health and Human Development
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,277,017,000.
National Eye Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $678,978,000.
National Institute of Environmental Health Sciences
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental
health sciences, $653,673,000.
National Institute on Aging
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,065,881,000.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $517,629,000.
National Institute on Deafness and Other Communication Disorders
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $401,146,000.
National Institute of Nursing Research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$139,920,000.
National Institute on Alcohol Abuse and Alcoholism
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $444,016,000.
National Institute on Drug Abuse
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse,
$1,018,493,000.
National Institute of Mental Health
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,429,466,000.
National Human Genome Research Institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$495,434,000.
National Institute of Biomedical Imaging and Bioengineering
For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $303,955,000.
National Center for Research Resources
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,169,884,000.
National Center for Complementary and Alternative Medicine
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $123,739,000.
National Center on Minority Health and Health Disparities
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $203,117,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the Public Health Service Act), $67,741,000.
national library of medicine
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $326,669,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2008, the National
Library of Medicine may enter into personal services
contracts for the provision of services in facilities owned,
operated, or constructed under the jurisdiction of the
National Institutes of Health: Provided further, That in
addition to amounts provided herein, $8,200,000 shall be
available from amounts available under section 241 of the
Public Health Service Act to carry out the purposes of the
National Information Center on Health Services Research and
Health Care Technology established under section 478A of the
Public Health Service Act and related health services.
[[Page H15643]]
Office of the Director
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $1,128,819,000, of
which up to $25,000,000 shall be used to carry out section
215 of this Act: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That the National
Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred
in National Institutes of Health research facilities and that
such payments shall be credited to the National Institutes of
Health Management Fund: Provided further, That all funds
credited to such Fund shall remain available for one fiscal
year after the fiscal year in which they are deposited:
Provided further, That $112,872,000 shall be available for
continuation of the National Children's Study: Provided
further, That $504,420,000 shall be available for the Common
Fund established under section 402A(c)(1) of the Public
Health Service Act: Provided further, That of the funds
provided $10,000 shall be for official reception and
representation expenses when specifically approved by the
Director of the National Institutes of Health: Provided
further, That the Office of AIDS Research within the Office
of the Director of the National Institutes of Health may
spend up to $4,000,000 to make grants for construction or
renovation of facilities as provided for in section
2354(a)(5)(B) of the Public Health Service Act.
Buildings and Facilities
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $121,081,000, to remain available until
expended.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health
Service Act (``PHS Act'') with respect to substance abuse and
mental health services, the Protection and Advocacy for
Individuals with Mental Illness Act, and section 301 of the
PHS Act with respect to program management, $3,291,543,000,
of which $19,120,000 shall be available for the projects and
in the amounts specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for
carrying out section 520A are available for carrying out
section 1971 of the PHS Act: Provided further, That in
addition to amounts provided herein, the following amounts
shall be available under section 241 of the PHS Act: (1)
$79,200,000 to carry out subpart II of part B of title XIX of
the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and
further that the total available under this Act for section
1935(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart II of part B of title XIX; (2)
$21,413,000 to carry out subpart I of part B of title XIX of
the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and
further that the total available under this Act for section
1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX; (3)
$17,750,000 to carry out national surveys on drug abuse; and
(4) $4,300,000 to evaluate substance abuse treatment
programs: Provided further, That section 520E(b)(2) of the
Public Health Service Act shall not apply to funds
appropriated under this Act for fiscal year 2008.
Agency for Healthcare Research and Quality
Healthcare Research and Quality
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made
available pursuant to section 937(c) of the Public Health
Service Act shall not exceed $334,564,000.
Centers for Medicare and Medicaid Services
Grants to States for Medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $141,628,056,000, to
remain available until expended.
For making, after May 31, 2008, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 2008 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2009,
$67,292,669,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.
Payments to Health Care Trust Funds
For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under section 1844 and 1860D-16 of the Social
Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $188,445,000,000.
In addition, for making matching payments under section
1844, and benefit payments under section 1860D-16 of the
Social Security Act, not anticipated in budget estimates,
such sums as may be necessary.
Program Management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$3,207,690,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance
Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance
with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall
remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That
$45,000,000, to remain available until September 30, 2009, is
for contract costs for the Healthcare Integrated General
Ledger Accounting System: Provided further, That
$193,000,000, to remain available until September 30, 2009,
is for CMS Medicare contracting reform activities: Provided
further, That funds appropriated under this heading are
available for the Healthy Start, Grow Smart program under
which the Centers for Medicare and Medicaid Services may,
directly or through grants, contracts, or cooperative
agreements, produce and distribute informational materials
including, but not limited to, pamphlets and brochures on
infant and toddler health care to expectant parents enrolled
in the Medicaid program and to parents and guardians enrolled
in such program with infants and children: Provided further,
That the Secretary of Health and Human Services is directed
to collect fees in fiscal year 2008 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-
sharing contracts under section 1876 of that Act pursuant to
section 1876(k)(4)(D) of that Act: Provided further, That
$5,007,000 shall be available for the projects and in the
amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Administration for Children and Families
Payments to States for Child Support Enforcement and Family Support
Programs
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. chapter
9), $2,949,713,000, to remain available until expended; and
for such purposes for the first quarter of fiscal year 2009,
$1,000,000,000, to remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under
title IV-A of the Social Security Act before the effective
date of the program of Temporary Assistance for Needy
Families (TANF) with respect to such State, such sums as may
be necessary: Provided, That the sum of the amounts available
to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the
limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and
the Act of July 5, 1960 (24 U.S.C. chapter 9), for the last 3
months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be
necessary.
low-income home energy assistance
For making payments under section 2604(a)-(d) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)-
(d)), $2,015,206,000.
For making payments under section 2604(e) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
$596,379,000, notwithstanding the designation requirement of
section 2602(e) of such Act: Provided, That of the amount
provided by this paragraph, $250,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
Refugee and Entrant Assistance
For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and
placement of unaccompanied alien children authorized by title
IV of the Immigration and Nationality Act and section 501 of
the Refugee Education Assistance Act of 1980, for carrying
out section 462 of the Homeland Security Act of 2002, and for
carrying out the Torture Victims Relief Act of 1998,
$667,288,000, of which up to $9,988,000 shall be available to
carry out the Trafficking Victims Protection Act of 2000:
Provided, That funds appropriated under this heading pursuant
to section 414(a) of the Immigration and Nationality Act and
section 462 of the Homeland Security Act of 2002 for fiscal
year 2008 shall be available for the costs of assistance
provided and other activities to remain available through
September 30, 2010.
Payments to States for the Child Care and Development Block Grant
For carrying out the Child Care and Development Block Grant
Act of 1990, $2,098,746,000 shall be used to supplement, not
supplant State general revenue funds for child care
assistance for low-income families: Provided, That
$18,777,370 shall be available for child care resource and
referral and school-aged child care activities, of which
$982,080 shall be for the
[[Page H15644]]
Child Care Aware toll-free hotline: Provided further, That,
in addition to the amounts required to be reserved by the
States under section 658G, $267,785,718 shall be reserved by
the States for activities authorized under section 658G, of
which $98,208,000 shall be for activities that improve the
quality of infant and toddler care: Provided further, That
$9,821,000 shall be for use by the Secretary for child care
research, demonstration, and evaluation activities.
Social Services Block Grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX
of such Act shall be 10 percent.
Children and Families Services Programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and
316 of the Family Violence Prevention and Services Act, the
Native American Programs Act of 1974, title II of the Child
Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), sections 330F and 330G of the
Public Health Service Act, the Abandoned Infants Assistance
Act of 1988, sections 261 and 291 of the Help America Vote
Act of 2002, part B(1) of title IV and sections 413, 1110,
and 1115 of the Social Security Act; for making payments
under the Community Services Block Grant Act, sections
439(i), 473B, and 477(i) of the Social Security Act, and the
Assets for Independence Act, and for necessary administrative
expenses to carry out such Acts and titles I, IV, V, X, XI,
XIV, XVI, and XX of the Social Security Act, the Act of July
5, 1960 (24 U.S.C. chapter 9), the Low-Income Home Energy
Assistance Act of 1981, title IV of the Immigration and
Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and section 505 of the Family Support
Act of 1988, $9,129,990,000, of which $4,400,000, to remain
available until September 30, 2009, shall be for grants to
States for adoption incentive payments, as authorized by
section 473A of the Social Security Act and may be made for
adoptions completed before September 30, 2008: Provided, That
$7,000,270,000 shall be for making payments under the Head
Start Act, of which $1,388,800,000 shall become available
October 1, 2008, and remain available through September 30,
2009: Provided further, That $705,451,000 shall be for making
payments under the Community Services Block Grant Act:
Provided further, That not less than $8,000,000 shall be for
section 680(3)(B) of the Community Services Block Grant Act:
Provided further, That in addition to amounts provided
herein, $6,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry
out the provisions of section 1110 of the Social Security
Act: Provided further, That to the extent Community Services
Block Grant funds are distributed as grant funds by a State
to an eligible entity as provided under the Act, and have not
been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary of Health and Human
Services shall establish procedures regarding the disposition
of intangible property which permits grant funds, or
intangible assets acquired with funds authorized under
section 680 of the Community Services Block Grant Act to
become the sole property of such grantees after a period of
not more than 12 years after the end of the grant for
purposes and uses consistent with the original grant:
Provided further, That funds appropriated for section
680(a)(2) of the Community Services Block Grant Act shall be
available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
$53,625,000 is for a compassion capital fund to provide
grants to charitable organizations to emulate model social
service programs and to encourage research on the best
practices of social service organizations: Provided further,
That $17,720,000 shall be for activities authorized by the
Help America Vote Act of 2002, of which $12,370,000 shall be
for payments to States to promote access for voters with
disabilities, and of which $5,350,000 shall be for payments
to States for protection and advocacy systems for voters with
disabilities: Provided further, That $110,836,000 shall be
for making competitive grants to provide abstinence education
(as defined by section 510(b)(2) of the Social Security Act)
to adolescents, and for Federal costs of administering the
grant: Provided further, That grants under the immediately
preceding proviso shall be made only to public and private
entities which agree that, with respect to an adolescent to
whom the entities provide abstinence education under such
grant, the entities will not provide to that adolescent any
other education regarding sexual conduct, except that, in the
case of an entity expressly required by law to provide health
information or services the adolescent shall not be precluded
from seeking health information or services from the entity
in a different setting than the setting in which abstinence
education was provided: Provided further, That within amounts
provided herein for abstinence education for adolescents, up
to $10,000,000 may be available for a national abstinence
education campaign: Provided further, That in addition to
amounts provided herein for abstinence education for
adolescents, $4,500,000 shall be available from amounts
available under section 241 of the Public Health Service Act
to carry out evaluations (including longitudinal evaluations)
of adolescent pregnancy prevention approaches: Provided
further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including
grants to States to support data collection for a study of
the system's effectiveness: Provided further, That
$17,301,000 shall be available for the projects and in the
amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Promoting Safe and Stable Families
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437, $64,437,000.
Payments to States for Foster Care and Adoption Assistance
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $5,067,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Act, for the first quarter of fiscal
year 2009, $1,776,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
section 474 of title IV-E, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
Administration on Aging
Aging Services Programs
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 and section 398 of the Public
Health Service Act, $1,438,567,000, of which $5,500,000 shall
be available for activities regarding medication management,
screening, and education to prevent incorrect medication and
adverse drug reactions: Provided, That $6,431,000 shall be
available for the projects and in the amounts specified in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Office of the Secretary
General Departmental Management
(including transfer of funds)
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and
for carrying out titles III, XVII, XX, and XXI of the Public
Health Service Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of
the Social Security Act, $355,518,000, together with
$5,792,000 to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund, and $46,756,000 from the amounts
available under section 241 of the Public Health Service Act
to carry out national health or human services research and
evaluation activities: Provided, That of the funds made
available under this heading for carrying out title XX of the
Public Health Service Act, $13,120,000 shall be for
activities specified under section 2003(b)(2), all of which
shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as
amended, without application of the limitation of section
2010(c) of said title XX: Provided further, That of this
amount, $51,891,000 shall be for minority AIDS prevention and
treatment activities; and $5,892,000 shall be to assist
Afghanistan in the development of maternal and child health
clinics, consistent with section 103(a)(4)(H) of the
Afghanistan Freedom Support Act of 2002; and $1,000,000 shall
be transferred, not later than 30 days after enactment of
this Act, to the National Institute of Mental Health to
administer the Interagency Autism Coordinating Committee:
Provided further, That specific information requests from the
chairmen and ranking members of the Subcommittees on Labor,
Health and Human Services, and Education, and Related
Agencies, on scientific research or any other matter, shall
be transmitted to the Committees on Appropriations in a
prompt, professional manner and within the time frame
specified in the request: Provided further, That scientific
information, including such information provided in
congressional testimony, requested by the Committees on
Appropriations and prepared by government researchers and
scientists shall be transmitted to the Committees on
Appropriations, uncensored and without delay: Provided
further, That funds provided in this Act for embryo adoption
activities may be used to provide, to individuals adopting
embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions:
Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4): Provided further, That
$4,138,000 shall be available for the projects and in the
amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Office of Medicare Hearings and Appeals
For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such
Act), $65,000,000, to be transferred in appropriate part from
the Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds.
Office of the National Coordinator for Health Information Technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts and cooperative agreements for the
development and advancement of an interoperable national
health information technology infrastructure, $42,402,000:
Provided, That in addition to amounts provided herein,
$18,900,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
health information technology network development.
[[Page H15645]]
Office of Inspector General
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $44,000,000: Provided, That of
such amount, necessary sums are available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228.
Office for Civil Rights
For expenses necessary for the Office for Civil Rights,
$31,628,000, together with not to exceed $3,281,000 to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund.
Retirement Pay and Medical Benefits for Commissioned Officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act (10 U.S.C. chapter 55), such amounts as may
be required during the current fiscal year.
Public Health and Social Services Emergency Fund
For expenses necessary to support activities related to
countering potential biological, disease, nuclear,
radiological and chemical threats to civilian populations,
and for other public health emergencies, $666,087,000, of
which not to exceed $21,804,000, to remain available until
September 30, 2009, is to pay the costs described in section
319F-2(c)(7)(B) of the Public Health Service Act, and of
which $103,921,000 shall be used to support advanced research
and development of medical countermeasures, consistent with
section 319L of the Public Health Service Act.
For expenses necessary to prepare for and respond to an
influenza pandemic, $76,139,000.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary of Health and Human Services.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental
Health Services Administration shall be used to pay the
salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level I.
Sec. 204. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act,
or for other taps and assessments made by any office located
in the Department of Health and Human Services, prior to the
preparation and submission of a report by the Secretary of
Health and Human Services to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary of Health
and Human Services shall determine, but not more than 2.4
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation
and effectiveness of such programs.
(transfer of funds)
Sec. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between a program, project, or
activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
(transfer of funds)
Sec. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes and
centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly
determined by the Director of the National Institutes of
Health and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public
Health Service Act unless the applicant for the award
certifies to the Secretary that it encourages family
participation in the decision of minors to seek family
planning services and that it provides counseling to minors
on how to resist attempts to coerce minors into engaging in
sexual activities.
Sec. 211. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 212. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
of Health and Human Services denies participation in such
program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the
Secretary shall make appropriate prospective adjustments to
the capitation payment to such an entity (based on an
actuarially sound estimate of the expected costs of providing
the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the
Medicare program's coverage for such services and a Medicare
Advantage organization described in this section shall be
responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 213. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2008, that the State will commit additional State
funds, in accordance with subsection (b), to ensure
compliance with State laws prohibiting the sale of tobacco
products to individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human
Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2008 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2007,
and adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The
State is to submit a report to the Secretary on all fiscal
year 2007 State expenditures and all fiscal year 2008
obligations for tobacco prevention and compliance activities
by program activity by July 31, 2008.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2008.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926
of the Public Health Service Act from a territory that
receives less than $1,000,000.
Sec. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2008:
(1) The Secretary of Health and Human Services (in this
section referred to as the ``Secretary of HHS'') may exercise
authority equivalent to that available to the Secretary of
State in section 2(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary of
HHS shall consult with the Secretary of State and relevant
Chief of Mission to ensure that the authority provided in
this section is exercised in a manner consistent with section
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) and
other applicable statutes administered by the Department of
State.
(2) The Secretary of HHS is authorized to provide such
funds by advance or reimbursement to the Secretary of State
as may be necessary to pay the costs of acquisition, lease,
alteration, renovation, and management of facilities outside
of the United States for the use of the Department of Health
and Human Services. The Department of State shall cooperate
fully with the Secretary of HHS to ensure that the Department
of Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary of
HHS is authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to
acquire, lease, alter, or renovate facilities in those
countries as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases, chronic
and environmental diseases, and other health activities
abroad.
[[Page H15646]]
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health (in this section referred to as the ``Director of
NIH'') may use funds available under section 402(b)(7) or
402(b)(12) of the Public Health Service Act to enter into
transactions (other than contracts, cooperative agreements,
or grants) to carry out research identified pursuant to such
section 402(b)(7) (pertaining to the Common Fund) or research
and activities described in such section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director of the NIH may utilize such peer
review procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the Public Health Service Act.
Sec. 216. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention (``CDC'') and the Agency for Toxic Substances and
Disease Registry (``ATSDR)'' may be transferred to ``Disease
Control, Research, and Training'', to be available only for
Individual Learning Accounts: Provided, That such funds may
be used for any individual full-time equivalent employee
while such employee is employed either by CDC or ATSDR.
Sec. 217. Notwithstanding any other provisions of law,
funds made available in this Act may be used to continue
operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408.
Sec. 218. The Director of the National Institutes of Health
shall require that all investigators funded by the NIH submit
or have submitted for them to the National Library of
Medicine's PubMed Central an electronic version of their
final, peer-reviewed manuscripts upon acceptance for
publication, to be made publicly available no later than 12
months after the official date of publication: Provided, That
the NIH shall implement the public access policy in a manner
consistent with copyright law.
Sec. 219. (a) The Secretary of Health and Human Services is
authorized to award a grant to the Delta Health Alliance, a
nonprofit alliance of academic institutions in the
Mississippi Delta region that has as its primary purposes
addressing longstanding, unmet health needs and catalyzing
economic development in the Mississippi Delta.
(b) To be eligible to receive a grant under subsection (a),
the Delta Health Alliance shall solicit and fund proposals
from local governments, hospitals, health care clinics,
academic institutions, and rural public health-related
entities and organizations for research development,
educational programs, health care services, job training, and
planning, construction, and equipment of public health-
related facilities in the Mississippi Delta region.
(c) With respect to the use of grant funds under this
section for construction or major alteration of property, the
Federal interest in the property involved shall last for a
period of 1 year following the completion of the project or
until such time that the Federal Government is compensated
for its proportionate interest in the property if the
property use changes or the property is transferred or sold,
whichever time period is less. At the conclusion of such
period, the Notice of Federal Interest in such property shall
be removed.
(d) There are authorized to be appropriated such sums as
may be necessary to carry out this section in fiscal year
2008 and in each of the five succeeding fiscal years.
Sec. 220. Not to exceed $35,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $2,500,000 per project.
(transfer of funds)
Sec. 221. Of the amounts made available in this Act for the
National Institutes of Health, 1 percent of the amount made
available for National Research Service Awards (NRSA) shall
be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated
with entities who have received grants or contracts under
section 747 of the Public Health Service Act, and 1 percent
of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and
Quality to make NRSA awards for health service research.
Sec. 222. None of the funds made available in this Act may
be used--
(1) for the Ombudsman Program of the Centers for Disease
Control and Prevention; and
(2) by the Centers for Disease Control and Prevention to
provide additional rotating pastel lights, zero-gravity
chairs, or dry-heat saunas for its fitness center.
Sec. 223. There is hereby established in the Treasury of
the United States a fund to be known as the ``Nonrecurring
expenses fund'' (the Fund): Provided, That unobligated
balances of expired discretionary funds appropriated for this
or any succeeding fiscal year from the General Fund of the
Treasury to the Department of Health and Human Services by
this or any other Act may be transferred (not later than the
end of the fifth fiscal year after the last fiscal year for
which such funds are available for the purposes for which
appropriated) into the Fund: Provided further, That amounts
deposited in the Fund shall be available until expended, and
in addition to such other funds as may be available for such
purposes, for capital acquisition necessary for the operation
of the Department, including facilities infrastructure and
information technology infrastructure, subject to approval by
the Office of Management and Budget: Provided further, That
amounts in the Fund may be obligated only after the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
the planned use of funds.
(rescission of funds)
Sec. 224. Of the funds available within the Health
Professions Student Loan program authorized in subpart II,
Federally-Supported Student Loan Funds, of title VII of the
Public Health Service Act, $15,000,000 are rescinded.
Sec. 225. (a) Continuation of Availability of Permitted
Number of Medical Residency Positions Under the Medicare
Program.--Section 1886(h)(4)(H) of the Social Security Act
(42 U.S.C. Section 1395ww(h)(4)(H)) is amended by adding at
the end the following:
``(v) Special provider agreement.--If an entity enters into
a provider agreement pursuant to section 1866(a) to provide
hospital services on the same physical site previously used
by Medicare Provider No. 05-0578--
``(I) the limitation on the number of total full time
equivalent residents under subparagraph (F) and clauses (v)
and (vi)(I) of subsection (d)(5)(B) applicable to such
provider shall be equal to the limitation applicable under
such provisions to Provider No. 05-0578 for its cost
reporting period ending on June 30, 2006; and
``(II) the provisions of subparagraph (G) and subsection
(d)(5)(B)(vi)(II) shall not be applicable to such provider
for the first three cost reporting years in which such
provider trains residents under any approved medical
residency training program.''.
(b) Technical Correction of Section 422 of MMA.--
(1) In general.--Section 1886(h)(7) of the Social Security
Act (42 U.S.C. 1395ww(h)(7)) is amended--
(A) by redesignating subparagraph (D) as subparagraph (E);
and
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Adjustment based on settled cost report.--In the case
of a hospital with a dual accredited osteopathic and
allopathic family practice program for which--
``(i) the otherwise applicable resident limit was reduced
under subparagraph (A)(i)(I); and
``(ii) such reduction was based on a reference resident
level that was determined using a cost report and where a
revised or corrected notice of program reimbursement was
issued for such cost report between September 1, 2006 and
September 15, 2006, whether as a result of an appeal or
otherwise, and the reference resident level under such
settled cost report is higher than the level used for the
reduction under subparagraph (A)(i)(I);
the Secretary shall apply subparagraph (A)(i)(I) using the
higher resident reference level and make any necessary
adjustments to such reduction. Any such necessary adjustments
shall be effective for portions of cost reporting periods
occurring on or after July 1, 2005.''.
(2) Effective date.--Subject to paragraph (3), the
amendments made by paragraph (1) shall take effect as if
included in the enactment of section 422 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173).
(c) Offsetting Costs.--
(1) In general.--The amount of funds available to the
Physician Assistance and Quality Initiative Fund for
expenditures--
(A) under the first sentence of section 1848(l)(2)(A) of
the Social Security Act (42 U.S.C. 1395w-4(l)(2)(A)) is
reduced by $500,000; and
(B) under the first amount in the second sentence of such
section is reduced by $24,500,000.
(2) Conforming amendments.--Section 1848(l)(2)(A) of the
Social Security Act (42 U.S.C. 1395w-4(l)(2)(A)) is amended--
(A) in the first sentence, by inserting after
``$1,350,000,000'' the following: ``, as reduced by section
524 and section 225(c)(1)(A) of the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2008 (division G of the
Consolidated Appropriations Act, 2008)''; and
(B) in the second sentence, by inserting after
``$325,000,000'' the following: ``, as reduced by section
225(c)(1)(B) of such Act,''.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2008''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the
Higher Education Act of 1965, $15,755,083,000, of which
$7,639,035,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $7,934,756,000 shall become available on October 1,
2008, and shall remain available through September 30, 2009,
for academic year 2008-2009: Provided, That $6,835,271,000
shall be for basic grants under section 1124: Provided
further, That up to $4,000,000 of these funds shall be
available to the Secretary of Education on October 1, 2007,
to obtain annually updated local educational-agency-level
census poverty data from the Bureau of the Census: Provided
further, That $1,365,031,000 shall be for concentration
grants under section 1124A: Provided further, That
$2,967,949,000 shall be for targeted grants under section
1125: Provided further, That $2,967,949,000 shall be for
education finance incentive grants under section 1125A:
Provided further, That $9,330,000 shall be to carry out
sections 1501 and 1503: Provided further, That $1,634,000
shall be available for a comprehensive school reform
clearinghouse.
[[Page H15647]]
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$1,262,778,000, of which $1,125,192,000 shall be for basic
support payments under section 8003(b), $49,466,000 shall be
for payments for children with disabilities under section
8003(d), $17,820,000 shall be for construction under section
8007(b) and shall remain available through September 30,
2009, $65,350,000 shall be for Federal property payments
under section 8002, and $4,950,000, to remain available until
expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under
section 8003(a) for school year 2007-2008, children enrolled
in a school of such agency that would otherwise be eligible
for payment under section 8003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a
parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children
reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section,
provided such students remain in average daily attendance at
a school in the same local educational agency they attended
prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by title II, part B of title IV, subparts 6 and 9 of part D
of title V, parts A and B of title VI, and parts B and C of
title VII of the Elementary and Secondary Education Act of
1965 (``ESEA''); the McKinney-Vento Homeless Assistance Act;
section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $5,383,119,000, of which
$3,763,355,000 shall become available on July 1, 2008, and
remain available through September 30, 2009, and of which
$1,435,000,000 shall become available on October 1, 2008, and
shall remain available through September 30, 2009, for
academic year 2008-2009: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation and modernization of any elementary
school, secondary school, or structure related to an
elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further,
That from the funds referred to in the preceding proviso, not
less than $1,250,000 shall be for a grant to the Department
of Education of the State of Hawaii for the activities
described in such proviso, and $1,250,000 shall be for a
grant to the University of Hawaii School of Law for a Center
of Excellence in Native Hawaiian law: Provided further, That
funds made available to carry out part C of title VII of the
ESEA may be used for construction: Provided further, That up
to 100 percent of the funds available to a State educational
agency under part D of title II of the ESEA may be used for
subgrants described in section 2412(a)(2)(B) of such Act:
Provided further, That $58,129,000 shall be available to
carry out section 203 of the Educational Technical Assistance
Act of 2002: Provided further, That $33,707,000 shall be
available to carry out part D of title V of the ESEA:
Provided further, That no funds appropriated under this
heading may be used to carry out section 5494 under the ESEA:
Provided further, That $18,001,000 shall be available to
carry out the Supplemental Education Grants program for the
Federated States of Micronesia and the Republic of the
Marshall Islands: Provided further, That up to 5 percent of
these amounts may be reserved by the Federated States of
Micronesia and the Republic of the Marshall Islands to
administer the Supplemental Education Grants programs and to
obtain technical assistance, oversight and consultancy
services in the administration of these grants and to
reimburse the United States Departments of Labor, Health and
Human Services, and Education for such services: Provided
further, That $2,400,000 of the funds available for the
Foreign Language Assistance Program shall be available for 5-
year grants to local educational agencies that would work in
partnership with one or more institutions of higher education
to establish or expand articulated programs of study in
languages critical to United States national security that
will enable successful students to advance from elementary
school through college to achieve a superior level of
proficiency in those languages.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $121,690,000.
Innovation and Improvement
For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V, and section 1504 of the Elementary
and Secondary Education Act of 1965 (``ESEA''),
$1,003,040,000: Provided, That $9,821,000 shall be provided
to the National Board for Professional Teaching Standards to
carry out section 2151(c) of the ESEA: Provided further, That
from funds for subpart 4, part C of title II, up to 3 percent
shall be available to the Secretary for technical assistance
and dissemination of information: Provided further, That
$357,059,000 shall be available to carry out part D of title
V of the ESEA: Provided further, That $100,573,000 of the
funds for subpart 1, part D of title V of the ESEA shall be
available for the projects and in the amounts specified in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That $99,000,000 of the funds for subpart 1
shall be for competitive grants to local educational
agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a
local educational agency, a State, or both; and (2) at least
one non-profit organization to develop and implement
performance-based teacher and principal compensation systems
in high-need schools: Provided further, That such
performance-based compensation systems must consider gains in
student academic achievement as well as classroom evaluations
conducted multiple times during each school year among other
factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided
further, That up to 5 percent of such funds for competitive
grants shall be available for technical assistance, training,
peer review of applications, program outreach and evaluation
activities: Provided further, That of the funds available for
part B of title V, the Secretary shall use up to $24,783,000
to carry out activities under section 5205(b) and under
subpart 2, and shall use not less than $190,000,000 to carry
out other activities authorized under subpart 1.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3, and 10
of part D of title V of the Elementary and Secondary
Education Act of 1965 (``ESEA''), $705,733,000, of which
$300,000,000 shall become available on July 1, 2008, and
remain available through September 30, 2009: Provided, That
$300,000,000 shall be available for subpart 1 of part A of
title IV and $222,519,000 shall be available for subpart 2 of
part A of title IV, of which not less than $1,500,000, to
remain available until expended, shall be for the Project
School Emergency Response to Violence (``Project SERV'')
program to provide education-related services to local
educational agencies and to institutions of higher education
in which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That Project
SERV funds appropriated in previous fiscal years may be used
to provide services to local educational agencies and to
institutions of higher education in which the learning
environment has been disrupted due to a violent or traumatic
crisis: Provided further, That $150,729,000 shall be
available to carry out part D of title V of the ESEA:
Provided further, That of the funds available to carry out
subpart 3 of part C of title II, up to $12,072,000 may be
used to carry out section 2345 and $2,950,000 shall be used
by the Center for Civic Education to implement a
comprehensive program to improve public knowledge,
understanding, and support of the Congress and the State
legislatures.
English Language Acquisition
For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $712,848,000, which shall
become available on July 1, 2008, and shall remain available
through September 30, 2009, except that 6.5 percent of such
amount shall be available on October 1, 2007, and shall
remain available through September 30, 2009, to carry out
activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities
Education Act (``IDEA'') and the Special Olympics Sport and
Empowerment Act of 2004, $12,181,473,000, of which
$5,084,406,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $6,856,444,000 shall become available on October 1,
2008, and shall remain available through September 30, 2009,
for academic year 2008-2009: Provided, That $13,000,000 shall
be for Recording for the Blind and Dyslexic, Inc., to support
activities under section 674(c)(1)(D) of the IDEA: Provided
further, That $1,500,000 shall be for the recipient of funds
provided by Public Law 105-78 under section 687(b)(2)(G) of
the IDEA (as in effect prior to the enactment of the
Individuals with Disabilities Education Improvement Act of
2004) to provide information on diagnosis, intervention, and
teaching strategies for children with disabilities: Provided
further, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that
activity during fiscal year 2007, increased by the amount of
inflation as specified in section 619(d)(2)(B) of the IDEA,
or the percentage increase in the funds appropriated under
section 611(i) of the IDEA: Provided further, That nothing in
section 674(e) of the IDEA shall be construed to establish a
private right of action against the National Instructional
Materials Access Center for failure to perform the duties of
such center or otherwise authorize a private right of action
related to the performance of such center: Provided further,
That $7,500,000 shall be available to support the 2009
Special Olympics World Winter Games.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act,
$3,283,929,000, of which $1,000,000 shall be awarded to the
American Academy of Orthotists and Prosthetists for
activities that further the purposes of the grant received by
the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and
prosthetic provider services and improve patient care:
Provided, That $3,155,000 of the funds for section 303 of the
Rehabilitation Act of 1973 shall be available for the
projects and in the amounts specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
[[Page H15648]]
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $22,000,000.
National Technical Institute for the Deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$60,757,000, of which $1,705,000 shall be for construction
and shall remain available until expended: Provided, That
from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
Gallaudet University
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $115,400,000: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006,
the Adult Education and Family Literacy Act, subpart 4 of
part D of title V of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and title VIII-D of the Higher
Education Amendments of 1998, $1,976,166,000, of which
$4,077,000 shall become available on October 1, 2007 and
remain available until September 30, 2009, of which
$1,181,089,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $791,000,000 shall become available on October 1, 2008,
and shall remain available through September 30, 2009:
Provided, That of the amount provided for Adult Education
State Grants, $67,896,000 shall be made available for
integrated English literacy and civics education services to
immigrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated
English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act,
65 percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share
of a 10-year average of the United States Citizenship and
Immigration Services data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which
United States Citizenship and Immigration Services data for
immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount
less than $60,000: Provided further, That of the amounts made
available for the Adult Education and Family Literacy Act,
$7,000,000 shall be for national leadership activities under
section 243 and $6,583,000 shall be for the National
Institute for Literacy under section 242: Provided further,
That $81,532,000 shall be available to support the activities
authorized under subpart 4 of part D of title V of the ESEA,
of which up to 5 percent shall become available October 1,
2007, and shall remain available through September 30, 2009,
for evaluation, technical assistance, school networks, peer
review of applications, and program outreach activities, and
of which not less than 95 percent shall become available on
July 1, 2008, and remain available through September 30,
2009, for grants to local educational agencies: Provided
further, That funds made available to local educational
agencies under this subpart shall be used only for activities
related to establishing smaller learning communities within
large high schools or small high schools that provide
alternatives for students enrolled in large high schools.
Student Financial Assistance
(including rescission)
For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965,
$16,114,317,000, which shall remain available through
September 30, 2009.
The maximum Pell Grant for which a student shall be
eligible during award year 2008-2009 shall be $4,241.
Of the unobligated funds available under section
401A(e)(1)(C) of the Higher Education Act of 1965,
$525,000,000 are rescinded.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, and 4 of part A, and parts B, C,
D, and E of title IV of the Higher Education Act of 1965,
$708,216,000, which shall remain available until expended.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the Higher Education
Act of 1965 (``HEA''), section 1543 of the Higher Education
Amendments of 1992, the Mutual Educational and Cultural
Exchange Act of 1961, title VIII of the Higher Education
Amendments of 1998, part I of subtitle A of title VI of the
America COMPETES Act, and section 117 of the Carl D. Perkins
Career and Technical Education Act of 2006, $2,057,801,000:
Provided, That $9,699,000, to remain available through
September 30, 2009, shall be available to fund fellowships
for academic year 2009-2010 under subpart 1 of part A of
title VII of the HEA, under the terms and conditions of such
subpart 1: Provided further, That $620,000 is for data
collection and evaluation activities for programs under the
HEA, including such activities needed to comply with the
Government Performance and Results Act of 1993: Provided
further, That notwithstanding any other provision of law,
funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and
Cultural Exchange Act of 1961 may be used to support visits
and study in foreign countries by individuals who are
participating in advanced foreign language training and
international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That the funds provided for
title II of the HEA shall be allocated notwithstanding
section 210 of such Act: Provided further, That $100,668,000
of the funds for part B of title VII of the Higher Education
Act of 1965 shall be available for the projects and in the
amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Howard University
For partial support of Howard University, $237,392,000, of
which not less than $3,526,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act (Public Law 98-480) and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the Higher Education Act of 1965, $481,000.
Historically Black College and University Capital Financing Program
Account
For administrative expenses to carry out the Historically
Black College and University Capital Financing Program
entered into pursuant to part D of title III of the Higher
Education Act of 1965, $188,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$555,815,000, of which $293,155,000 shall be available until
September 30, 2009: Provided, That of the amount available to
carry out section 208 of the Educational Technical Assistance
Act, up to $5,000,000 may be used for State data coordinators
and for awards to entities, including entities other than
States, to improve data coordination.
Departmental Management
Program Administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $418,587,000, of which
$2,100,000, to remain available until expended, shall be for
building alterations and related expenses for the move of
Department staff to the Mary E. Switzer building in
Washington, DC.
Office for Civil Rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $91,205,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $51,753,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 305. None of the funds made available in this Act may
be used to promulgate, implement,
[[Page H15649]]
or enforce any revision to the regulations in effect under
section 496 of the Higher Education Act of 1965 on June 1,
2007, until legislation specifically requiring such revision
is enacted.
Sec. 306. (a) Maintenance of Integrity and Ethical Values
Within Department of Education.--Within 60 days after the
enactment of this Act, the Secretary of Education shall
implement procedures--
(1) to assess whether a covered individual or entity has a
potential financial interest in, or impaired objectivity
towards, a product or service purchased with, or guaranteed
or insured by, funds administered by the Department of
Education or a contracted entity of the Department; and
(2) to disclose the existence of any such potential
financial interest or impaired objectivity.
(b) Review by Inspector General.--
(1) Within 60 days after the implementation of the
procedures described in subsection (a), the Inspector General
of the Department of Education shall report to the Committees
on Appropriations of the House of Representatives and the
Senate on the adequacy of such procedures.
(2) Within 1 year, the Inspector General shall conduct at
least 1 review to ensure that such procedures are properly
implemented and are effective to uncover and disclose the
existence of potential financial interests or impaired
objectivity described in subsection (a).
(3) The Inspector General shall report to such Committees
any recommendations for modifications to such procedures that
the Inspector General determines are necessary to uncover and
disclose the existence of such potential financial interests
or impaired objectivity.
(c) Definition.--For purposes of this section, the term
``covered individual or entity'' means--
(1) an officer or professional employee of the Department
of Education;
(2) a contractor or subcontractor of the Department, or an
individual hired by the contracted entity;
(3) a member of a peer review panel of the Department; or
(4) a consultant or advisor to the Department.
Sec. 307. (a) Notwithstanding section 8013(9)(B) of the
Elementary and Secondary Education Act of 1965, North Chicago
Community Unit School District 187, North Shore District 112,
and Township High School District 113 in Lake County,
Illinois, and Glenview Public School District 34 and
Glenbrook High School District 225 in Cook County, Illinois,
shall be considered local educational agencies as such term
is used in and for purposes of title VIII of such Act for
fiscal years 2008 and 2009.
(b) Notwithstanding any other provision of law, federally
connected children (as determined under section 8003(a) of
the Elementary and Secondary Education Act of 1965) who are
in attendance in the North Shore District 112, Township High
School District 113, Glenview Public School District 34, and
Glenbrook High School District 225 described in subsection
(a), shall be considered to be in attendance in the North
Chicago Community Unit School District 187 described in
subsection (a) for purposes of computing the amount that the
North Chicago Community Unit School District 187 is eligible
to receive under subsection (b) or (d) of such section for
fiscal years 2008 and 2009 if--
(1) such school districts have entered into an agreement
for such students to be so considered and for the equitable
apportionment among all such school districts of any amount
received by the North Chicago Community Unit School District
187 under such section; and
(2) any amount apportioned among all such school districts
pursuant to paragraph (1) is used by such school districts
only for the direct provision of educational services.
Sec. 308. Prior to January 1, 2008, the Secretary of
Education may not terminate any voluntary flexible agreement
under section 428A of the Higher Education Act of 1965 that
existed on October 1, 2007. With respect to an entity with
which the Secretary of Education had a voluntary flexible
agreement under section 428A of the Higher Education Act of
1965 on October 1, 2007 that is not cost neutral, if the
Secretary terminates such agreement on or after January 1,
2008, the Secretary of Education shall, not later than March
31, 2008, negotiate to enter, and enter, into a new voluntary
flexible agreement with such entity so that the agreement is
cost neutral, unless such entity does not want to enter into
such agreement.
Sec. 309. Notwithstanding section 102(a)(4)(A) of the
Higher Education Act of 1965, the Secretary of Education
shall not take into account a bankruptcy petition filed in
the United States Bankruptcy Court for the Northern District
of New York on February 21, 2001, in determining whether a
nonprofit educational institution that is a subsidiary of an
entity that filed such petition meets the definition of an
``institution of higher education'' under section 102 of that
Act.
(rescission of funds)
Sec. 310. Of the unobligated balances available under the
Federal Direct Student Loan Program Administration authorized
by section 458 of the Higher Education Act and the Higher
Education Reconciliation Act of 2005, $25,000,000 are
rescinded.
Sec. 311. The Secretary of Education shall--
(1) deem each local educational agency that received a
fiscal year 2007 basic support payment for heavily impacted
local educational agencies under section 8003(b)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)) as eligible to receive a fiscal year 2008 basic
support payment for heavily impacted local educational
agencies under such section; and
(2) make a payment to such local educational agency under
such section for fiscal year 2008.
This title may be cited as the ``Department of Education
Appropriations Act, 2008''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
Salaries and Expenses
For expenses necessary of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by
Public Law 92-28, $4,994,000.
Corporation for National and Community Service
operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service to carry out the Domestic Volunteer Service
Act of 1973 (``1973 Act'') and the National and Community
Service Act of 1990 (``1990 Act''), $796,662,000, of which
$313,054,000 is to carry out the 1973 Act and $483,608,000 is
to carry out the 1990 Act: Provided, That $24,205,000 of the
amount provided under this heading shall remain available
until September 30, 2009 to carry out subtitle E of the 1990
Act: Provided further, That up to 1 percent of program grant
funds may be used to defray the costs of conducting grant
application reviews, including the use of outside peer
reviewers and electronic management of the grants cycle:
Provided further, That none of the funds made available under
this heading for activities authorized by section 122 and
part E of title II of the 1973 Act shall be used to provide
stipends or other monetary incentives to program participants
or volunteer leaders whose incomes exceed the income
guidelines in subsections 211(e) and 213(b) of the 1973 Act:
Provided further, That notwithstanding subtitle H of title I
of the 1990 Act, none of the funds provided for quality and
innovation activities shall be used to support salaries and
related expenses (including travel) attributable to
Corporation for National and Community Service employees:
Provided further, That, for fiscal year 2008 and thereafter,
in addition to amounts otherwise provided to the National
Service Trust under this heading, at no later than the end of
the fifth fiscal year after the fiscal year for which funds
are appropriated or otherwise made available, unobligated
balances of appropriations available for grants under the
National Service Trust Program under subtitle C of title I of
the 1990 Act during such fiscal year may be transferred to
the National Service Trust after notice is transmitted to
Congress, if such funds are initially obligated before the
expiration of their period of availability as provided in
this Act: Provided further, That of the amounts provided
under this heading: (1) not less than $124,718,000, to remain
available until expended, to be transferred to the National
Service Trust for educational awards authorized under
subtitle D of title I of the 1990 Act: Provided further, That
in addition to these funds, the Corporation may transfer
funds from the amount provided for AmeriCorps grants under
the National Service Trust Program, to the National Service
Trust authorized under subtitle D of title I of the 1990 Act,
upon determination that such transfer is necessary to support
the activities of national service participants and after
notice is transmitted to the Congress; (2) not more than
$55,000,000 of funding provided for grants under the National
Service Trust program authorized under subtitle C of title I
of the 1990 Act may be used to administer, reimburse, or
support any national service program authorized under section
129(d)(2) of such Act; (3) $12,000,000 shall be to provide
assistance to State commissions on national and community
service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(4) of the 1990 Act; and (4)
not less than $5,000,000 shall be for the acquisition,
renovation, equipping and startup costs for a campus located
in Vinton, Iowa and a campus in Vicksburg, Mississippi to
carry out subtitle E of title I of the 1990 Act.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act
of 1990 and under section 504(a) of the Domestic Volunteer
Service Act of 1973, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, the
employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $68,964,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$5,932,000.
ADMINISTRATIVE PROVISIONS
Sec. 401. Notwithstanding any other provision of law, the
term ``qualified student loan'' with respect to national
service education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7)
of the National and Community Service Act.
Sec. 402. Notwithstanding any other provision of law, funds
made available under section 129(d)(5)(B) of the National and
Community Service Act of 1990 to assist entities in placing
applicants who are individuals with disabilities may be
provided to any entity that receives a grant under section
121 of the Act.
Sec. 403. The Corporation for National and Community
Service shall make any significant changes to program
requirements, service delivery or policy only through public
notice and comment rulemaking. For fiscal year 2008, during
any grant selection process, an officer or employee of the
Corporation shall not knowingly disclose any covered grant
selection information regarding such selection, directly or
indirectly, to any person other than an officer or
[[Page H15650]]
employee of the Corporation that is authorized by the
Corporation to receive such information.
Sec. 404. Professional Corps programs described in section
122(a)(8) of the National and Community Service Act of 1990
may apply to the Corporation for a waiver of application of
section 140(c)(2).
Sec. 405. Notwithstanding section 1342 of title 31, United
States Code, the Corporation may solicit and accept the
services of organizations and individuals (other than
participants) to assist the Corporation in carrying out the
duties of the Corporation under the national service laws:
Provided, That an individual who provides services under this
section shall be subject to the same protections and
limitations as volunteers under section 196(a) of the
National and Community Service Act of 1990.
Sec. 406. Organizations operating projects under the
AmeriCorps Education Awards Program shall do so without
regard to the requirements of sections 121(d) and (e),
131(e), 132, and 140(a), (d), and (e) of the National and
Community Service Act of 1990.
Sec. 407. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first three years
that they receive AmeriCorps funding, and thereafter shall
meet the overall minimum share requirement as provided in
section 2521.60 of title 45, Code of Federal Regulations,
without regard to the operating costs match requirement in
section 121(e) or the member support Federal share
limitations in section 140 of the National and Community
Service Act of 1990, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 408. Notwithstanding any other provision of law,
formula-based grants to States and territories under section
129(a)(1)-(2) of the 1990 Act to operate AmeriCorps programs
may be made if the application describes proposed positions
into which participants will be placed, the proposed minimum
qualifications of such participants, and an assurance that
the State will select national service programs for subgrants
on a competitive basis, and an assurance that the
aforementioned information will be provided for each subgrant
awarded prior to the execution of such subgrants.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 2010, $420,000,000: Provided, That no
funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used
to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That no funds
made available to the Corporation for Public Broadcasting by
this Act shall be used to apply any political test or
qualification in selecting, appointing, promoting, or taking
any other personnel action with respect to officers, agents,
and employees of the Corporation: Provided further, That for
fiscal year 2008, in addition to the amounts provided above,
$29,700,000 shall be for costs related to digital program
production, development, and distribution, associated with
the transition of public broadcasting to digital
broadcasting, to be awarded as determined by the Corporation
in consultation with public radio and television licensees or
permittees, or their designated representatives: Provided
further, That for fiscal year 2008, in addition to the
amounts provided above, $26,750,000 is available pursuant to
section 396(k)(10) of the Communications Act of 1934 for
replacement and upgrade of the public radio interconnection
system: Provided further, That none of the funds made
available to the Corporation for Public Broadcasting by this
Act, the Continuing Appropriations Resolution, 2007 (Public
Law 110-5), or the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2006 (Public Law 109-149), shall be used to support the
Television Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
Salaries and Expenses
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it
by the Labor Management Relations Act, 1947, including hire
of passenger motor vehicles; for expenses necessary for the
Labor-Management Cooperation Act of 1978; and for expenses
necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95-454,
$43,800,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and
technical assistance, including those provided to foreign
governments and international organizations, and for
arbitration services shall be credited to and merged with
this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be
available only for education, training, and professional
development of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real,
personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
Salaries and Expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $8,096,000.
Institute of Museum and Library Services
Office of Museum and Library Services: Grants and Administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $268,193,000, of which $18,610,000 shall be
available for library, museum and related projects and in the
amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds may be made available
for support through inter-agency agreement or grant to
commemorative Federal commissions that support museum and
library activities, in partnership with libraries and museums
that are eligible for funding under programs carried out by
the Institute of Museum and Library Services.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $10,748,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
National Commission on Libraries and Information Science
Salaries and Expenses
For close out activities of the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended), $400,000.
National Council on Disability
Salaries and Expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,113,000.
National Labor Relations Board
Salaries and Expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $256,238,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $12,911,000.
Occupational Safety and Health Review Commission
Salaries and Expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $10,696,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $79,000,000, which shall include amounts becoming
available in fiscal year 2008 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
Federal Payments to the Railroad Retirement Accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2009, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
Limitation on Administration
For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $103,694,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
Limitation on the Office of Inspector General
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$7,173,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account:
Provided, That none of the funds made available in any other
paragraph of this Act may be transferred to the Office; used
to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities
or services, maintenance services, or administrative services
for the Office; used to pay
[[Page H15651]]
any salary, benefit, or award for any personnel of the
Office; used to pay any other operating expense of the
Office; or used to reimburse the Office for any service
provided, or expense incurred, by the Office: Provided
further, That funds made available under the heading in this
Act, or subsequent Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Acts, may be used for any audit, investigation, or review of
the Medicare Program.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m), 217(g), 228(g), and
1131(b)(2) of the Social Security Act, $28,140,000.
Supplemental Security Income Program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $27,000,191,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2009,
$14,800,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official
reception and representation expenses, not more than
$9,781,842,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $2,000,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2008
not needed for fiscal year 2008 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section
7131 of title 5, United States Code, and for facilities or
support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the
Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such
expenditures are made.
In addition, $135,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2008
exceed $135,000,000, the amounts shall be available in fiscal
year 2009 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act (Public Law 108-203), which shall remain
available until expended.
Office of Inspector General
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $26,451,000, together with not to exceed
$67,098,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate.
TITLE V
GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
expenses''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to carry out
any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
Sec. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 509. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act (21 U.S.C. 812) except
for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
[[Page H15652]]
Sec. 511. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
2(b)) providing for, or providing for the assignment of, a
unique health identifier for an individual (except in an
individual's capacity as an employer or a health care
provider), until legislation is enacted specifically
approving the standard.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section
2441(a) of such Act, as amended by the Children's Internet
Protection Act and the No Child Left Behind Act, unless the
local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2)
of such section.
Sec. 516. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
Sec. 517. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate scientific information that is
deliberately false or misleading.
Sec. 518. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2008 that are different than those specified in
this Act, the accompanying detailed table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or the fiscal year 2008
budget request.
Sec. 519. None of the funds made available by this Act may
be used to carry out the evaluation of the Upward Bound
program described in the absolute priority for Upward Bound
Program participant selection and evaluation published by the
Department of Education in the Federal Register on September
22, 2006 (71 Fed. Reg. 55447 et seq.).
Sec. 520. None of the funds in this Act may be used to
employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act.
Sec. 521. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$100,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2008,
but not to include grants awarded on a formula basis. Such
report shall include the name of the contractor or grantee,
the amount of funding, and the governmental purpose. Such
report shall be transmitted to the Committees within 30 days
after the end of the quarter for which the report is
submitted.
Sec. 522. Not later than 30 days after the date of
enactment of this Act, the Departments, agencies, and
commissions funded under this Act, shall establish and
maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 524. Section 1848(l)(2)(A) of the Social Security Act,
as amended by section 6 of the TMA, Abstinence Education, and
QI Programs Extension Act of 2007 (Public Law 110-90), is
amended by reducing the dollar amount in the first sentence
by $150,000,000.
Sec. 525. Iraqi and Afghan aliens granted special immigrant
status under section 101(a)(27) of the Immigration and
Nationality Act shall be eligible for resettlement
assistance, entitlement programs, and other benefits
available to refugees admitted under section 207 of such Act
for a period not to exceed 6 months.
Sec. 526. None of the funds appropriated by this Act may be
used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 527. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process claims for credit for quarters of coverage based
on work performed under a social security account number that
was not the claimant's number which is an offense prohibited
under section 208 of the Social Security Act.
Sec. 528. (a) Across-the-Board Rescissions.--There is
hereby rescinded an amount equal to 1.747 percent of the
fiscal year 2008 budget authority--
(1) provided for any discretionary account of this Act; and
(2) provided in any advance appropriation for fiscal year
2008 for any discretionary account of this Act made available
by any prior fiscal year appropriation Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act,
accompanying reports, or explanatory statement for fiscal
year 2008 covering such account or item, or for accounts and
items not included in appropriation Acts, as delineated in
the most recently submitted President's budget).
(c) Exceptions.--This section shall not apply--
(1) to discretionary budget authority that has been
designated as described in section 5 (in the matter preceding
division A of this consolidated Act); or
(2) to discretionary budget authority made available under
title III under the Student Financial Assistance account for
the Federal Pell Grants program.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report specifying the account and amount of each rescission
made pursuant to this section.
[[Page H15653]]
TITLE VI
NATIONAL COMMISSION ON CHILDREN AND DISASTER
SECTION 601. SHORT TITLE.
This title may be cited as the ``Kids in Disasters Well-
being, Safety, and Health Act of 2007''.
SEC. 602. DEFINITIONS.
In this title:
(1) All hazards.--The term ``all hazards'' has the meaning
given the term ``hazard'' under section 602(a)(1) of the
Robert T. Stafford Disaster Relief and Assistance Act (42
U.S.C. 5195a), and includes natural disasters, acts of
terrorism, and other man-made disasters.
(2) Child; children.--The terms ``child'' and ``children''
mean an individual or individuals, respectively, who have not
attained 18 years of age.
(3) Emergency.--The term ``emergency'' has the meaning
given such term under section 102(1) of the Robert T.
Stafford Disaster Relief and Assistance Act (42 U.S.C.
5122(1)).
(4) Major disaster.--The term ``major disaster'' has the
meaning given such term under section 102(2) of the Robert T.
Stafford Disaster Relief and Assistance Act (42 U.S.C.
5122(2)).
SEC. 603. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the
``National Commission on Children and Disasters'' (referred
to in this title as the ``Commission'').
SEC. 604. PURPOSES OF COMMISSION.
The purposes of the Commission are to--
(1) conduct a comprehensive study to examine and assess the
needs of children as they relate to preparation for, response
to, and recovery from all hazards, including major disasters
and emergencies;
(2) build upon the evaluations of other entities and avoid
unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of other commissions,
Federal, State, and local governments, or nongovernmental
entities, relating to the needs of children as they relate to
preparation for, response to, and recovery from all hazards,
including major disasters and emergencies; and
(3) submit a report to the President and Congress on
specific findings, conclusions, and recommendations to
address the needs of children as they relate to preparation
for, response to, and recovery from all hazards, including
major disasters and emergencies.
SEC. 605. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 1 member shall be appointed by the President;
(2) 1 member, who is of a different political party than
that of the member appointed under paragraph (1), shall be
appointed by the President;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the minority leader of
the Senate;
(5) 2 members shall be appointed by the Speaker of the
House of Representatives; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson, Vice-Chairperson, and Meetings.--Not later
than 30 days after the date on which all members of the
Commission are appointed under subsection (a), such members
shall meet to elect a Chairperson and Vice Chairperson from
among such members and shall determine a schedule of
Commission meetings.
(c) Governmental Appointees.--An individual appointed to
the Commission may not be an official or employee of the
Federal Government.
(d) Commission Representation.--The Commission shall
include at least one--
(1) representative from private nonprofit entities with
demonstrated expertise in addressing the needs of children as
they relate to preparation for, response to, and recovery
from all hazards, including major disasters and emergencies;
and
(2) State emergency manager or local emergency manager.
(e) Qualifications.--Members appointed under subsection (a)
may include--
(1) individuals involved with providing services to
children, including health, education, housing, and other
social services;
(2) individuals with experience in emergency management,
including coordination of resources and services among State
and local governments, the Federal Government, and
nongovernmental entities;
(3) individuals with philanthropic experience focused on
the needs of children in all hazards, including major
disasters and emergencies;
(4) individuals with experience in providing donated goods
and services, including personnel services, to meet the needs
of children and families as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies; and
(5) individuals who have conducted academic research
related to addressing the needs of children in all hazards,
including major disasters and emergencies.
(f) Initial Meeting.--The Commission shall meet and begin
the operations of the Commission not later than 120 days
after the appointment of members of the Commission.
(g) Quorum and Vacancy.--
(1) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(2) Vacancy.--Any vacancy in the Commission shall not
affect its powers and shall be filled in the same manner in
which the original appointment was made.
SEC. 606. DUTIES OF COMMISSION.
The Commission shall--
(1) conduct pursuant to section 604(2) a comprehensive
study that examines and assesses the needs of children as
they relate to preparation for, response to, and recovery
from all hazards, including major disasters and emergencies,
including specific findings relating to--
(A) child physical health, mental health, and trauma;
(B) child care in all settings;
(C) child welfare;
(D) elementary and secondary education;
(E) sheltering, temporary housing, and affordable housing;
(F) transportation;
(G) juvenile justice;
(H) evacuation; and
(I) relevant activities in emergency management;
(2) identify, review, and evaluate existing laws,
regulations, policies, and programs relevant to the needs of
children as they relate to preparation for, response to, and
recovery from all hazards, including major disasters and
emergencies;
(3) identify, review, and evaluate the lessons learned from
past disasters and emergencies relative to addressing the
needs of children; and
(4) submit a report to the President and Congress on the
Commission's specific findings, conclusions, and
recommendations to address the needs of children as they
relate to preparation for, response to, and recovery from all
hazards, including major disasters and emergencies, including
specific recommendations on the need for planning and
establishing a national resource center on children and
disasters, coordination of resources and services,
administrative actions, policies, regulations, and
legislative changes as the Commission considers appropriate.
SEC. 607. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, and receive such evidence
as may be necessary to carry out the functions of the
Commission.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may access, to the extent
authorized by law, from any executive department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality of the Federal Government such
information, suggestions, estimates, and statistics as the
Commission considers necessary to carry out this title.
(2) Provision of information.--On written request of the
Chairperson of the Commission, each department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality shall, to the extent authorized by law,
provide the requested information to the Commission.
(3) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(c) Assistance From Federal Agencies.--
(1) General services administration.--On request of the
Chairperson of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, administrative support and other assistance necessary
for the Commission to carry out its duties.
(2) Other departments and agencies.--In addition to the
assistance provided for under paragraph (1), departments and
agencies of the United States may provide to the Commission
such assistance as they may determine advisable and as
authorized by law.
(d) Contracting.--The Commission may enter into contracts
to enable the Commission to discharge its duties under this
title.
(e) Donations.--The Commission may accept, use, and dispose
of donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as a department or agency of the United States.
SEC. 608. STAFF OF COMMISSION.
(a) In General.--The Chairperson of the Commission, in
consultation with the Vice Chairperson, in accordance with
rules agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, in accordance with the provisions of title 5,
United States Code, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable for
a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff of Federal Agencies.--Upon request of the
Chairperson of the Commission, the head of any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the Federal
Government may detail, without reimbursement, any of its
personnel to the Commission to assist it in carrying out its
duties under this title. Any detail of an employee shall be
without interruption or loss of civil service status or
privilege.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. 609. TRAVEL EXPENSES.
Each member of the Commission shall serve without
compensation, but shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
applicable provisions in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code.
[[Page H15654]]
SEC. 610. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.
The provisions of the Federal Advisory Committee Act shall
apply to the Commission, including the staff of the
Commission.
SEC. 611. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Report.--The Commission shall, not later than 1
year after the date of its first meeting, submit to the
President and Congress an interim report containing specific
findings, conclusions, and recommendations required under
this title as have been agreed to by a majority of Commission
members.
(b) Other Reports and Information.--
(1) Reports.--The Commission may issue additional reports
as the Commission determines necessary.
(2) Information.--The Commission may hold public hearings
to collect information and shall make such information
available for use by the public.
(c) Final Report.--The Commission shall, not later than 2
years after the date of its first meeting, submit to the
President and Congress a final report containing specific
findings, conclusions, and recommendations required under
this title as have been agreed to by a majority of Commission
members.
(d) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 180 days after the date on which
the final report is submitted under subsection (b).
(2) Records.--Not later than the date of termination of the
Commission under paragraph (1), all records and papers of the
Commission shall be delivered to the Archivist of the United
States for deposit in the National Archives.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title, $1,500,000 for each of fiscal years 2008 and 2009.
SEC. 613. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to confer on the
Commission purposes and duties that are the responsibility of
the Congress.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2008''.
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008
TITLE I
LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate,
$40,000; Majority Whip of the Senate, $10,000; Minority Whip
of the Senate, $10,000; President Pro Tempore emeritus,
$15,000; Chairmen of the Majority and Minority Conference
Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each
Chairman; in all, $195,000.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$158,457,000, which shall be paid from this appropriation
without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,316,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $620,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus,
$309,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$4,796,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $2,912,000.
committee on appropriations
For salaries of the Committee on Appropriations,
$14,161,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,587,000 for each such
committee; in all, $3,174,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $778,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,620,000 for each such
committee; in all, $3,240,000.
office of the chaplain
For Office of the Chaplain, $379,000.
office of the secretary
For Office of the Secretary, $22,388,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$60,600,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,684,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $41,100,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,280,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,439,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$6,000; Sergeant at Arms and Doorkeeper of the Senate,
$6,000; Secretary for the Majority of the Senate, $6,000;
Secretary for the Minority of the Senate, $6,000; in all,
$24,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $129,000,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on
International Narcotics Control, $520,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$2,000,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $142,389,000, which shall remain
available until September 30, 2012.
miscellaneous items
For miscellaneous items, $17,528,000, of which up to
$500,000 shall be made available for a pilot program for
mailings of postal patron postcards by Senators for the
purpose of providing notice of a town meeting by a Senator in
a county (or equivalent unit of local government) at which
the Senator will personally attend: Provided, That any amount
allocated to a Senator for such mailing shall not exceed 50
percent of the cost of the mailing and the remaining cost
shall be paid by the Senator from other funds available to
the Senator.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $375,704,000.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
Administrative Provisions
Sec. 1. Gross Rate of Compensation in Offices of Senators.
Effective on and after October 1, 2007, each of the dollar
amounts contained in the table under section 105(d)(1)(A) of
the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61-
1(d)(1)(A)) shall be deemed to be the dollar amounts in that
table, as adjusted by law and in effect on September 30,
2007, increased by an additional $50,000 each.
Sec. 2. President pro Tempore Emeritus of the Senate.
Section 7(e) of the Legislative Branch Appropriations Act,
2003 (2 U.S.C. 32b note) is amended by striking ``and the
109th Congress'' and inserting ``, the 109th Congress, and
the 110th Congress''.
Sec. 3. Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority. (a) In
General.--Upon the written request of the Secretary of the
Conference of the Majority or the Secretary of the Conference
of the Minority, the Secretary of the Senate shall transfer
from the appropriations account appropriated under the
subheading ``offices of the secretaries of the conference of
the majority and the conference of the minority'' under the
heading ``Salaries, Officers and Employees'' such amount as
the Secretary of the Conference of the Majority or the
Secretary of the Conference of the Minority shall specify to
the appropriations account under the heading ``miscellaneous
items'' within the contingent fund of the Senate.
(b) Authority to Incur Expenses.--The Secretary of the
Conference of the Majority or the Secretary of the Conference
of the Minority may incur such expenses as may be necessary
or appropriate. Expenses incurred by the Secretary of the
Conference of the Majority or the Secretary of the Conference
of the Minority shall be paid from the amount transferred
under subsection (a) by the Secretary of the Conference of
the Majority or the Secretary of the Conference of the
Minority and upon vouchers approved by the Secretary of the
Conference of the Majority or the Secretary of the Conference
of the Minority, as applicable.
(c) Authority to Advance Sums.--The Secretary of the Senate
may advance such sums as may be necessary to defray expenses
incurred in carrying out subsections (a) and (b).
(d) Effective Date.--This section shall apply to fiscal
year 2008 and each fiscal year thereafter.
Sec. 4. Uniform Limitation on Gross Compensation for
Employees of Committees. (a) In General.--Section 105(e) of
the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-
1(e)) is amended by striking paragraph (3) and inserting the
following:
``(3)(A) In this paragraph--
``(i) the term `committee of the Senate' means--
[[Page H15655]]
``(I) any standing committee (including the majority and
minority policy committees) of the Senate;
``(II) any select committee (including the conference
majority and conference minority of the Senate); or
``(III) any joint committee the expenses of which are paid
from the contingent fund of the Senate; and
``(ii) an employee of a subcommittee shall be considered to
be an employee of the full committee.
``(B) Subject to adjustment as provided by law, no employee
of a committee of the Senate shall be paid at a per annum
gross rate in excess of $162,515.''.
(b) Effective Date.--The amendment made by this section
shall apply to fiscal year 2008 and each fiscal year
thereafter.
Sec. 5. United States Senate-Japan Interparliamentary
Group. (a) Establishment and Meetings.--Not to exceed 12
Senators shall be appointed to meet once per Congress with
representatives of the Diet of Japan for discussion of common
problems in the interest of relations between the United
States and Japan. The Senators so appointed shall be referred
to as the ``United States group'' of the United States
Senate-Japan Interparliamentary Group. The meetings shall
take place in Japan and Washington, D.C. alternatively.
(b) Appointment of Members.--The President of the Senate
shall appoint Senators under this section, including a Chair
and Vice Chair, upon recommendations of the majority and
minority leaders of the Senate. Such appointments shall be
for the duration of each Congress.
(c) Funding.--There is authorized to be appropriated
$100,000 for each Congress to assist in meeting the expenses
of the United States group. Appropriations shall be disbursed
on vouchers to be approved by the Chair of the United States
group.
(d) Certification of Expenditures.--A report of
expenditures by the United States group shall be prepared and
certified each Congress by the Chair.
(e) Effective Date.--This section shall apply to fiscal
year 2008, and each fiscal year thereafter.
Sec. 6. Orientation Seminars. (a) In General.--Section
107(a) of the Supplemental Appropriations Act, 1979 (2 U.S.C.
69a; Public Law 96-38) is amended in the first sentence by
striking ``$25,000'' and inserting ``$30,000''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to fiscal year 2008 and each fiscal
year thereafter.
Sec. 7. Media Support Services. (a) Definitions.--In this
section, the terms ``national committee'' and ``political
party'' have the meaning given such terms in section 301 of
the Federal Election Campaign Act of 1971 (2 U.S.C. 431).
(b) In General.--The official duties of employees of the
Sergeant at Arms and Doorkeeper of the Senate under the
Senate Daily Press Gallery, the Senate Periodical Press
Gallery, the Senate Press Photographers Gallery, and the
Senate Radio and Television Correspondents Gallery may
include providing media support services with respect to the
presidential nominating conventions of the national
committees of political parties.
(c) Approval of Sergeant at Arms.--The terms and conditions
under which employees perform official duties under
subsection (b) shall be subject to the approval of the
Sergeant at Arms and Doorkeeper of the Senate.
(d) Effective Date.--This section shall apply to fiscal
year 2008 and each fiscal year thereafter.
Sec. 8. Consultants. With respect to fiscal year 2008, the
first sentence of section 101(a) of the Supplemental
Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) shall be applied
by substituting ``nine individual consultants'' for ``eight
individual consultants''.
HOUSE OF REPRESENTATIVES
salaries and expenses
For salaries and expenses of the House of Representatives,
$1,188,211,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law,
$24,048,000, including: Office of the Speaker, $4,761,000,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,388,000, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $4,290,000, including $10,000
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,894,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $1,420,000, including $5,000 for
official expenses of the Minority Whip; Speaker's Office for
Legislative Floor Activities, $499,000; Republican Steering
Committee, $943,000; Republican Conference, $1,631,000;
Republican Policy Committee, $325,000; Democratic Steering
and Policy Committee, $1,295,000; Democratic Caucus,
$1,604,000; nine minority employees, $1,498,000; training and
program development--majority, $290,000; training and program
development--minority, $290,000; Cloakroom Personnel--
majority, $460,000; and Cloakroom Personnel--minority,
$460,000.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$581,000,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $133,000,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2008.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $32,203,700, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2008: Provided further, That $2,403,700 shall be derived from
prior year unobligated balances from funds previously
appropriated to the Committee on Appropriations.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $166,785,000, including: for salaries and
expenses of the Office of the Clerk, including not more than
$13,000, of which not more than $10,000 is for the Family
Room, for official representation and reception expenses,
$22,423,000; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of
Garages, and including not more than $3,000 for official
representation and reception expenses, $6,884,000; for
salaries and expenses of the Office of the Chief
Administrative Officer, $114,553,000, of which $6,269,000
shall remain available until expended; for salaries and
expenses of the Office of the Inspector General, $4,368,000;
for salaries and expenses of the Office of Emergency
Planning, Preparedness and Operations, $3,049,000, to remain
available until expended; for salaries and expenses of the
Office of General Counsel, $1,178,000; for the Office of the
Chaplain, $166,000; for salaries and expenses of the Office
of the Parliamentarian, including the Parliamentarian, $2,000
for preparing the Digest of Rules, and not more than $1,000
for official representation and reception expenses,
$1,799,000; for salaries and expenses of the Office of the
Law Revision Counsel of the House, $2,939,000; for salaries
and expenses of the Office of the Legislative Counsel of the
House, $7,258,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $702,000; for other authorized
employees, $1,016,000; and for salaries and expenses of the
Office of the Historian, $450,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $254,174,000, including: supplies,
materials, administrative costs and Federal tort claims,
$3,588,000; official mail for committees, leadership offices,
and administrative offices of the House, $310,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $227,455,000; supplies,
materials, and other costs relating to the House portion of
expenses for the Capitol Visitor Center, $2,262,000, to
remain available until expended; Business Continuity and
Disaster Recovery, $16,856,000, of which $5,408,000 shall
remain available until expended; and miscellaneous items
including purchase, exchange, maintenance, repair and
operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of
the House, $703,000.
Child Care Center
For salaries and expenses of the House of Representatives
Child Care Center, such amounts as are deposited in the
account established by section 312(d)(1) of the Legislative
Branch Appropriations Act, 1992 (2 U.S.C. 2112), subject to
the level specified in the budget of the Center, as submitted
to the Committee on Appropriations of the House of
Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction
or To Reduce the Federal Debt.--Notwithstanding any other
provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2008. Any amount remaining after all payments are
made under such allowances for fiscal year 2008 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.
Sec. 102. Contract for Exercise Facility.--(a) Section
103(a) of the Legislative Branch Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 3175), is amended by striking
``private entity'' and inserting ``public or private
entity''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 2005.
Sec. 103. Deposits.--(a) The second sentence of section 101
of the Legislative Branch Appropriations Act, 1996 (2 U.S.C.
117j) is amended by striking ``deposited in the Treasury as
miscellaneous receipts'' and inserting ``deposited in the
Treasury for credit to the account of the Office of the Chief
Administrative Officer''.
(b) The amendments made by this section shall apply with
respect to fiscal year 2008 and each succeeding fiscal year.
Sec. 104. House Services Revolving Fund.--(a) Section
105(b) of the Legislative Branch Appropriations Act, 2005 (2
U.S.C. 117m(b)) is
[[Page H15656]]
amended by striking ``the Chief Administrative Officer'' and
inserting the following: ``the Chief Administrative Officer,
including purposes relating to energy and water conservation
and environmental activities carried out in buildings,
facilities, and grounds under the Chief Administrative
Officer's jurisdiction,''.
(b) The amendments made by this section shall apply with
respect to fiscal year 2008 and each succeeding fiscal year.
Sec. 105. Adjustment.--The first sentence of section 5 of
House Resolution 1238, Ninety-first Congress, agreed to
December 22, 1970 (as enacted into permanent law by chapter
VIII of the Supplemental Appropriations Act, 1971) (2 U.S.C.
31b-5), is amended by striking ``step 1 of level 6'' and
inserting ``step 7 of level 11''.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,398,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $9,220,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Joint Congressional Committee on Inaugural Ceremonies of 2009
For salaries and expenses associated with conducting the
inaugural ceremonies of the President and Vice President of
the United States, January 20, 2009, in accordance with such
program as may be adopted by the joint congressional
committee authorized to conduct the inaugural ceremonies of
2009, $1,240,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2009.
Funds made available under this heading shall be available
for payment, on a direct or reimbursable basis, whether
incurred on, before, or after, October 1, 2008: Provided,
That the compensation of any employee of the Committee on
Rules and Administration of the Senate who has been
designated to perform service with respect to the inaugural
ceremonies of 2009 shall continue to be paid by the Committee
on Rules and Administration, but the account from which such
staff member is paid may be reimbursed for the services of
the staff member (including agency contributions when
appropriate) out of funds made available under this heading.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month
to the Attending Physician; (2) an allowance of $725 per
month each to four medical officers while on duty in the
Office of the Attending Physician; (3) an allowance of $725
per month to two assistants and $580 per month each not to
exceed 11 assistants on the basis heretofore provided for
such assistants; and (4) $2,063,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $2,798,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and
Special Services Office, $5,348,000, to be disbursed by the
Secretary of the Senate.
Statements of Appropriations
For the preparation, under the direction of the Committees
on Appropriations of the Senate and the House of
Representatives, of the statements for the first session of
the 110th Congress, showing appropriations made, indefinite
appropriations, and contracts authorized, together with a
chronological history of the regular appropriations bills as
required by law, $30,000, to be paid to the persons
designated by the chairmen of such committees to supervise
the work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government
contributions for health, retirement, social security,
professional liability insurance, and other applicable
employee benefits, $232,800,000, to be disbursed by the Chief
of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $48,900,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2008 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
Sec. 1001. Transfer Authority.--Amounts appropriated for
fiscal year 2008 for the Capitol Police may be transferred
between the headings ``salaries'' and ``general expenses''
upon the approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 1002. Advance Payments.--During fiscal year 2008 and
each succeeding fiscal year, following notification of the
Committees on Appropriations of the House of Representatives
and the Senate, the Chief of the Capitol Police may make
payments in advance for obligations of the United States
Capitol Police for subscription services if the Chief
determines it to be more prompt, efficient, or economical to
do so.
Sec. 1003. Utility Tunnel Repairs.--(a) From the unexpended
balances available under the heading ``Architect of the
Capitol, Capitol Power Plant'' in chapter 6 of title V of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28; 111 Stat. 167), $876,000 are hereby rescinded.
(b) In addition to the amounts otherwise made available in
this Act under the heading ``Capitol Police, Salaries'',
there is appropriated $876,000 for expenses under such
heading resulting from any utility tunnel repairs and
asbestos abatement activities carried out by the Architect of
the Capitol: Provided, That the amount provided by this
section is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
Sec. 1004. United States Capitol Police and Library of
Congress Police Merger.--(a) Short Title.--This section may
be cited as the ``U.S. Capitol Police and Library of Congress
Police Merger Implementation Act of 2007''.
(b) Transfer of Personnel.--
(1) Transfers.--
(A) Library of congress police employees.--Effective on the
employee's transfer date, each Library of Congress Police
employee shall be transferred to the United States Capitol
Police and shall become either a member or civilian employee
of the Capitol Police, as determined by the Chief of the
Capitol Police under paragraph (2).
(B) Library of congress police civilian employees.--
Effective on the employee's transfer date, each Library of
Congress Police civilian employee shall be transferred to the
United States Capitol Police and shall become a civilian
employee of the Capitol Police.
(2) Treatment of library of congress police employees.--
(A) Determination of status within capitol police.--
(i) Eligibility to serve as members of the capitol
police.--A Library of Congress Police employee shall become a
member of the Capitol Police on the employee's transfer date
if the Chief of the Capitol Police determines and issues a
written certification that the employee meets each of the
following requirements:
[[Page H15657]]
(I) Based on the assumption that such employee would
perform a period of continuous Federal service after the
transfer date, the employee would be entitled to an annuity
for immediate retirement under section 8336(b) or 8412(b) of
title 5, United States Code (as determined by taking into
account subparagraph (C)(i)), on the date such employee
becomes 60 years of age.
(II) During the transition period, the employee
successfully completes training, as determined by the Chief
of the Capitol Police.
(III) The employee meets the qualifications required to be
a member of the Capitol Police, as determined by the Chief of
the Capitol Police.
(ii) Service as civilian employee of capitol police.--If
the Chief of the Capitol Police determines that a Library of
Congress Police employee does not meet the eligibility
requirements, the employee shall become a civilian employee
of the Capitol Police on the employee's transfer date.
(iii) Finality of determinations.--Any determination of the
Chief of the Capitol Police under this subparagraph shall not
be appealable or reviewable in any manner.
(iv) Deadline for determinations.--The Chief of the Capitol
Police shall complete the determinations required under this
subparagraph for all Library of Congress Police employees not
later than September 30, 2009.
(B) Exemption from mandatory separation.--Section 8335(c)
or 8425(c) of title 5, United States Code, shall not apply to
any Library of Congress Police employee who becomes a member
of the Capitol Police under this subsection, until the
earlier of--
(i) the date on which the individual is entitled to an
annuity for immediate retirement under section 8336(b) or
8412(b) of title 5, United States Code; or
(ii) the date on which the individual--
(I) is 57 years of age or older; and
(II) is entitled to an annuity for immediate retirement
under section 8336(m) or 8412(d) of title 5, United States
Code, (as determined by taking into account subparagraph
(C)(i)).
(C) Treatment of prior creditable service for retirement
purposes.--
(i) Prior service for purposes of eligibility for immediate
retirement as member of capitol police.--Any Library of
Congress Police employee who becomes a member of the Capitol
Police under this subsection shall be entitled to have any
creditable service under section 8332 or 8411 of title 5,
United States Code, that was accrued prior to becoming a
member of the Capitol Police included in calculating the
employee's service as a member of the Capitol Police for
purposes of section 8336(m) or 8412(d) of title 5, United
States Code.
(ii) Prior service for purposes of computation of
annuity.--Any creditable service under section 8332 or 8411
of title 5, United States Code, of an individual who becomes
a member of the Capitol Police under this paragraph that was
accrued prior to becoming a member of the Capitol Police--
(I) shall be treated and computed as employee service under
section 8339 or section 8415 of such title; but
(II) shall not be treated as service as a member of the
Capitol Police or service as a congressional employee for
purposes of applying any formula under section 8339(b),
8339(q), 8415(c), or 8415(d) of such title under which a
percentage of the individual's average pay is multiplied by
the years (or other period) of such service.
(3) Duties of employees transferred to civilian
positions.--
(A) Duties.--The duties of any individual who becomes a
civilian employee of the Capitol Police under this section,
including a Library of Congress Police civilian employee
under paragraph (1)(B) and a Library of Congress Police
employee who becomes a civilian employee of the Capitol
Police under paragraph (2)(A)(ii), shall be determined solely
by the Chief of the Capitol Police, except that a Library of
Congress Police civilian employee under paragraph (1)(B)
shall continue to support Library of Congress police
operations until all Library of Congress Police employees are
transferred to the United States Capitol Police under this
section.
(B) Finality of determinations.--Any determination of the
Chief of the Capitol Police under this paragraph shall not be
appealable or reviewable in any manner.
(4) Protecting status of transferred employees.--
(A) Nonreduction in pay, rank, or grade.--The transfer of
any individual under this subsection shall not cause that
individual to be separated or reduced in basic pay, rank or
grade.
(B) Leave and compensatory time.--Any annual leave, sick
leave, or other leave, or compensatory time, to the credit of
an individual transferred under this subsection shall be
transferred to the credit of that individual as a member or
an employee of the Capitol Police (as the case may be). The
treatment of leave or compensatory time transferred under
this subsection shall be governed by regulations of the
Capitol Police Board.
(C) Prohibiting imposition of probationary period.--The
Chief of the Capitol Police may not impose a period of
probation on any individual who is transferred under this
section.
(5) Rules of construction relating to employee
representation.--
(A) Employee representation.--Nothing in this section shall
be construed to authorize any labor organization that
represented an individual who was a Library of Congress
police employee or a Library of Congress police civilian
employee before the individual's transfer date to represent
that individual as a member of the Capitol Police or an
employee of the Capitol Police after the individual's
transfer date.
(B) Agreements not applicable.--Nothing in this section
shall be construed to authorize any collective bargaining
agreement (or any related court order, stipulated agreement,
or agreement to the terms or conditions of employment)
applicable to Library of Congress police employees or to
Library of Congress police civilian employees to apply to
members of the Capitol Police or to civilian employees of the
Capitol Police.
(6) Rule of construction relating to personnel authority of
the chief of the capitol police.--Nothing in this section
shall be construed to affect the authority of the Chief of
the Capitol Police to--
(A) terminate the employment of a member of the Capitol
Police or a civilian employee of the Capitol Police; or
(B) transfer any individual serving as a member of the
Capitol Police or a civilian employee of the Capitol Police
to another position with the Capitol Police.
(7) Transfer date defined.--In this section, the term
``transfer date'' means, with respect to an employee--
(A) in the case of a Library of Congress Police employee
who becomes a member of the Capitol Police, the first day of
the first pay period applicable to members of the United
States Capitol Police which begins after the date on which
the Chief of the Capitol Police issues the written
certification for the employee under paragraph (2)(A);
(B) in the case of a Library of Congress Police employee
who becomes a civilian employee of the Capitol Police, the
first day of the first pay period applicable to employees of
the United States Capitol Police which begins after September
30, 2009; or
(C) in the case of a Library of Congress Police civilian
employee, the first day of the first pay period applicable to
employees of the United States Capitol Police which begins
after September 30, 2008.
(8) Cancellation in portion of unobligated balance of
fedlink revolving fund .--Amounts available for obligation by
the Librarian of Congress as of the date of the enactment of
this Act from the unobligated balance in the revolving fund
established under section 103 of the Library of Congress
Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182c) for
the Federal Library and Information Network program of the
Library of Congress and the Federal Research program of the
Library of Congress are reduced by a total of $560,000, and
the amount so reduced is hereby cancelled.
(c) Transition Provisions.--
(1) Transfer and allocations of property and
appropriations.--
(A) In general.--Effective on the transfer date of any
Library of Congress Police employee and Library of Congress
Police civilian employee who is transferred under this
section--
(i) the assets, liabilities, contracts, property, and
records associated with the employee shall be transferred to
the Capitol Police; and
(ii) the unexpended balances of appropriations,
authorizations, allocations, and other
[[Page H15658]]
funds employed, used, held, arising from, available to, or to
be made available in connection with the employee shall be
transferred to and made available under the appropriations
accounts for the Capitol Police for ``Salaries'' and
``General Expenses'', as applicable.
(B) Joint review.--During the transition period, the Chief
of the Capitol Police and the Librarian of Congress shall
conduct a joint review of the assets, liabilities, contracts,
property records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, used,
held, arising from, available to, or to be made available in
connection with the transfer under this section.
(2) Treatment of alleged violations of certain employment
laws with respect to transferred individuals.--
(A) In general.--Notwithstanding any other provision of law
and except as provided in subparagraph (C), in the case of an
alleged violation of any covered law (as defined in
subparagraph (D)) which is alleged to have occurred prior to
the transfer date with respect to an individual who is
transferred under this section, and for which the individual
has not exhausted all of the remedies available for the
consideration of the alleged violation which are provided for
employees of the Library of Congress under the covered law
prior to the transfer date, the following shall apply:
(i) The individual may not initiate any procedure which is
available for the consideration of the alleged violation of
the covered law which is provided for employees of the
Library of Congress under the covered law.
(ii) To the extent that the individual has initiated any
such procedure prior to the transfer date, the procedure
shall terminate and have no legal effect.
(iii) Subject to subparagraph (B), the individual may
initiate and participate in any procedure which is available
for the resolution of grievances of officers and employees of
the Capitol Police under the Congressional Accountability Act
of 1995 (2 U.S.C. 1301 et seq.) to provide for consideration
of the alleged violation. The previous sentence does not
apply in the case of an alleged violation for which the
individual exhausted all of the available remedies which are
provided for employees of the Library of Congress under the
covered law prior to the transfer date.
(B) Special rules for applying congressional accountability
act of 1995.--In applying subparagraph (A)(iii) with respect
to an individual to whom this subsection applies, for
purposes of the consideration of the alleged violation under
the Congressional Accountability Act of 1995--
(i) the date of the alleged violation shall be the
individual's transfer date;
(ii) notwithstanding the third sentence of section 402(a)
of such Act (2 U.S.C. 1402(a)), the individual's request for
counseling under such section shall be made not later than 60
days after the date of the alleged violation; and
(iii) the employing office of the individual at the time of
the alleged violation shall be the Capitol Police Board.
(C) Exception for alleged violations subject to hearing
prior to transfer.--Subparagraph (A) does not apply with
respect to an alleged violation for which a hearing has
commenced in accordance with the covered law on or before the
transfer date.
(D) Covered law defined.--In this paragraph, a ``covered
law'' is any law for which the remedy for an alleged
violation is provided for officers and employees of the
Capitol Police under the Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.)
(3) Availability of detailees during transition period.--
During the transition period, the Chief of the Capitol Police
may detail additional members of the Capitol Police to the
Library of Congress, without reimbursement.
(4) Effect on existing memorandum of understanding.--The
Memorandum of Understanding between the Library of Congress
and the Capitol Police entered into on December 12, 2004,
shall remain in effect during the transition period, subject
to--
(A) the provisions of this section; and
(B) such modifications as may be made in accordance with
the modification and dispute resolution provisions of the
Memorandum of Understanding, consistent with the provisions
of this section.
(5) Rule of construction relating to personnel authority of
the librarian of congress.--Nothing in this section shall be
construed to affect the authority of the Librarian of
Congress to--
(A) terminate the employment of a Library of Congress
Police employee or Library of Congress Police civilian
employee; or
(B) transfer any individual serving in a Library of
Congress Police employee position or Library of Congress
Police civilian employee position to another position at the
Library of Congress.
(d) Police Jurisdiction, Unlawful Activities, and
Penalties.--
(1) Jurisdiction.--
(A) Extension of capitol police jurisdiction.--Section 9 of
the Act entitled ``An Act to define the area of the United
States Capitol Grounds, to regulate the use thereof, and for
other purposes'', approved July 31, 1946 (2 U.S.C. 1961) is
amended by adding at the end the following:
``(d) For purposes of this section, `United States Capitol
Buildings and Grounds' shall include the Library of Congress
buildings and grounds described under section 11 of the Act
entitled `An Act relating to the policing of the buildings of
the Library of Congress', approved August 4, 1950 (2 U.S.C.
167j), except that in a case of buildings or grounds not
located in the District of Columbia, the authority granted to
the Metropolitan Police Force of the District of Columbia
shall be granted to any police force within whose
jurisdiction the buildings or grounds are located.''.
(B) Repeal of library of congress police jurisdiction.--The
first section and sections 7 and 9 of the Act of August 4,
1950 (2 U.S.C. 167, 167f, 167h) are repealed on October 1,
2009.
(2) Unlawful activities and penalties.--
(A) Extension of united states capitol buildings and
grounds provisions to the library of congress buildings and
grounds.--
(i) Capitol buildings.--Section 5101 of title 40, United
States Code, is amended by inserting ``all buildings on the
real property described under section 5102(d)'' after
``(including the Administrative Building of the United States
Botanic Garden)''.
(ii) Capitol grounds.--Section 5102 of title 40, United
States Code, is amended by adding at the end the following:
``(d) Library of Congress Buildings and Grounds.--
``(1) In general.--Except as provided under paragraph (2),
the United States Capitol Grounds shall include the Library
of Congress grounds described under section 11 of the Act
entitled `An Act relating to the policing of the buildings of
the Library of Congress', approved August 4, 1950 (2 U.S.C.
167j).
``(2) Authority of librarian of congress.--Notwithstanding
subsections (a) and (b), the Librarian of Congress shall
retain authority over the Library of Congress buildings and
grounds in accordance with section 1 of the Act of June 29,
1922 (2 U.S.C. 141; 42 Stat. 715).''.
(iii) Conforming amendment relating to disorderly
conduct.--Section 5104(e)(2) of title 40, United States Code,
is amended by striking subparagraph (C) and inserting the
following:
``(C) with the intent to disrupt the orderly conduct of
official business, enter or remain in a room in any of the
Capitol Buildings set aside or designated for the use of--
``(i) either House of Congress or a Member, committee,
officer, or employee of Congress, or either House of
Congress; or
``(ii) the Library of Congress;''.
(B) Repeal of offenses and penalties specific to the
library of congress.--Sections 2, 3, 4, 5, 6, and 8 of the
Act of August 4, 1950 (2 U.S.C. 167a, 167b, 167c, 167d, 167e,
and 167g) are repealed.
(C) Suspension of prohibitions against use of library of
congress buildings and grounds.--Section 10 of the Act of
August 4, 1950 (2 U.S.C. 167i) is amended by striking ``2 to
6, inclusive, of this Act'' and inserting ``5103 and 5104 of
title 40, United States Code''.
(D) Conforming amendment to description of library of
congress grounds.--Section 11 of the Act of August 4, 1950 (2
U.S.C. 167j) is amended--
(i) in subsection (a), by striking ``For the purposes of
this Act the'' and inserting ``The'';
(ii) in subsection (b), by striking ``For the purposes of
this Act the'' and inserting ``The'';
(iii) in subsection (c), by striking ``For the purposes of
this Act the'' and inserting ``The''; and
(iv) in subsection (d), by striking ``For the purposes of
this Act the'' and inserting ``The''.
(3) Conforming amendment relating to jurisdiction of
inspector general of library of congress.--Section 1307(b)(1)
of the Legislative Branch Appropriations Act, 2006 (2 U.S.C.
185(b)), is amended by striking the semicolon at the end and
inserting the following: ``, except that nothing in this
paragraph may be construed to authorize the Inspector General
to audit or investigate any operations or activities of the
United States Capitol Police;''.
(4) Effective date.--The amendments made by this section
shall take effect October 1, 2009.
(e) Collections, Physical Security, Control, and
Preservation of Order and Decorum Within the Library.--
(1) Establishment of regulations.--The Librarian of
Congress shall establish standards and regulations for the
physical security, control, and preservation of the Library
of Congress collections and property, and for the maintenance
of suitable order and decorum within Library of Congress.
(2) Treatment of security systems.--
(A) Responsibility for security systems.--In accordance
with the authority of the Capitol Police and the Librarian of
Congress established under this section, the amendments made
by this section, and the provisions of law referred to in
subparagraph (C), the Chief of the Capitol Police and the
Librarian of Congress shall be responsible for the operation
of security systems at the Library of Congress buildings and
grounds described under section 11 of the Act of August 4,
1950, in consultation and coordination with each other,
subject to the following:
(i) The Librarian of Congress shall be responsible for the
design of security systems for the control and preservation
of Library collections and property, subject to the review
and approval of the Chief of the Capitol Police.
(ii) The Librarian of Congress shall be responsible for the
operation of security systems at any building or facility of
the Library of Congress which is located outside of the
District of Columbia, subject to the review and approval of
the Chief of the Capitol Police.
(B) Initial proposal for operation of systems.--Not later
than October 1, 2008, the Chief of the Capitol Police, in
coordination with the Librarian of Congress, shall prepare
and submit to the Committee on House Administration of the
House of Representatives, the Committee on Rules and
Administration of the Senate, and the Committees on
Appropriations of the House of Representatives and the Senate
an initial proposal for carrying out this paragraph.
(C) Provisions of law.--The provisions of law referred to
in this subparagraph are as follows:
(i) Section 1 of the Act of June 29, 1922 (2 U.S.C. 141).
(ii) The undesignated provision under the heading ``General
Provision, This Chapter'' in
[[Page H15659]]
chapter 5 of title II of division B of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (2 U.S.C. 141a).
(iii) Section 308 of the Legislative Branch Appropriations
Act, 1996 (2 U.S.C. 1964).
(iv) Section 308 of the Legislative Branch Appropriations
Act, 1997 (2 U.S.C. 1965).
(f) Payment of Capitol Police Services Provided in
Connection With Relating to Library of Congress Special
Events.--
(1) Payments of amounts deposited in revolving fund.--
Section 102(e) of the Library of Congress Fiscal Operations
Improvement Act of 2000 (2 U.S.C. 182b(e)) is amended to read
as follows:
``(e) Use of Amounts.--
``(1) In general.--Except as provided in paragraph (2),
amounts in the accounts of the revolving fund under this
section shall be available to the Librarian, in amounts
specified in appropriations Acts and without fiscal year
limitation, to carry out the programs and activities covered
by such accounts.
``(2) Special rule for payments for certain capitol police
services.--In the case of any amount in the revolving fund
consisting of a payment received for services of the United
States Capitol Police in connection with a special event or
program described in subsection (a)(4), the Librarian shall
transfer such amount upon receipt to the Capitol Police for
deposit into the applicable appropriations accounts of the
Capitol Police.''.
(2) Use of other library funds to make payments.--In
addition to amounts transferred pursuant to section 102(e)(2)
of the Library of Congress Fiscal Operations Improvement Act
of 2000 (as added by paragraph (1)), the Librarian of
Congress may transfer amounts made available for salaries and
expenses of the Library of Congress during a fiscal year to
the applicable appropriations accounts of the United States
Capitol Police in order to reimburse the Capitol Police for
services provided in connection with a special event or
program described in section 102(a)(4) of such Act.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to services provided by the United
States Capitol Police on or after the date of the enactment
of this Act.
(g) Other Conforming Amendments.--
(1) In general.--Section 1015 of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1901 note) and section
1006 of the Legislative Branch Appropriations Act, 2004 (2
U.S.C. 1901 note; Public Law 108-83; 117 Stat. 1023) are
repealed.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect October 1, 2009.
(h) Definitions.--In this section--
(1) the term ``Act of August 4, 1950'' means the Act
entitled ``An Act relating to the policing of the buildings
and grounds of the Library of Congress,'' (2 U.S.C. 167 et
seq.);
(2) the term ``Library of Congress Police employee'' means
an employee of the Library of Congress designated as police
under the first section of the Act of August 4, 1950 (2
U.S.C. 167);
(3) the term ``Library of Congress Police civilian
employee'' means an employee of the Library of Congress
Office of Security and Emergency Preparedness who provides
direct administrative support to, and is supervised by, the
Library of Congress Police, but shall not include an employee
of the Library of Congress who performs emergency
preparedness or collections control and preservation
functions; and
(4) the term ``transition period'' means the period the
first day of which is the date of the enactment of this Act
and the final day of which is September 30, 2009.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $3,350,000, of which $700,000
shall remain available until September 30, 2009: Provided,
That the Executive Director of the Office of Compliance may,
within the limits of available appropriations, dispose of
surplus or obsolete personal property by interagency
transfer, donation, or discarding: Provided further, That not
more than $500 may be expended on the certification of the
Executive Director of the Office of Compliance in connection
with official representation and reception expenses.
Administrative Provision
Sec. 1101. Compensation of Board and Officers of the Office
of Compliance. (a) Members of the Board of Directors.--
Section 301(g) of the Congressional Accountability Act of
1995 (2 U.S.C. 1381(g)) is amended by striking paragraph (1)
and inserting the following:
``(1) Per diem.--
``(A) Rate of compensation for each day.--Each member of
the Board shall be compensated, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Board, at a rate equal to
the daily equivalent of the lesser of--
``(i) the highest annual rate of compensation of any
officer of the Senate; or
``(ii) the highest annual rate of compensation of any
officer of the House of Representatives.
``(B) Authority to prorate.--The rate of pay of a member
may be prorated based on the portion of the day during which
the member is engaged in the performance of Board duties.''.
(b) Officers.--Section 302 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1382) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) Compensation.--
``(A) Authority to fix compensation.--The Chair may fix the
compensation of the Executive Director.
``(B) Limitation.--The rate of pay for the Executive
Director may not exceed the lesser of--
``(i) the highest annual rate of compensation of any
officer of the Senate; or
``(ii) the highest annual rate of compensation of any
officer of the House of Representatives.'';
(2) in subsection (b), by striking paragraph (3) and
inserting the following:
``(3) Compensation.--
``(A) Authority to fix compensation.--The Chair may fix the
compensation of the Deputy Executive Directors.
``(B) Limitation.--The rate of pay for a Deputy Executive
Director may not exceed 96 percent of the lesser of--
``(i) the highest annual rate of compensation of any
officer of the Senate; or
``(ii) the highest annual rate of compensation of any
officer of the House of Representatives.'';
(3) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Compensation.--
``(A) Authority to fix compensation.--The Chair may fix the
compensation of the General Counsel.
``(B) Limitation.--The rate of pay for the General Counsel
may not exceed the lesser of--
``(i) the highest annual rate of compensation of any
officer of the Senate; or
``(ii) the highest annual rate of compensation of any
officer of the House of Representatives.''; and
(4) in subsection (e), by striking ``General Accounting
Office'' and inserting ``Government Accountability Office''.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $4,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $37,399,000.
Administrative Provision
Sec. 1201. Executive Exchange Program for the Congressional
Budget Office. (a) In General.--The Director of the
Congressional Budget Office may establish and conduct an
executive exchange program under which employees of the
Office may be assigned to private sector organizations, and
employees of private sector organizations may be assigned to
the Office, for 1-year periods to further the institutional
interests of the Office or Congress, including for the
purpose of providing training to officers and employees of
the Office.
(b) Limitations and Conditions.--The Director of the
Congressional Budget Office shall--
(1) limit the number of officers and employees who are
assigned to private sector organizations at any one time to
not more than 3;
(2) limit the number of employees from private sector
organizations who are assigned to the Office at any one time
to not more than 3;
(3) require that an employee of a private sector
organization assigned to the Office may not have access to
any trade secrets or to any other nonpublic information which
is of commercial value to the private sector organization
from which such employee is assigned; and
(4) approve employees to be detailed from the private
sector without regard to political affiliation and solely on
the basis of their fitness to perform their assigned duties.
(c) Treatment of Private Employees.--An employee of a
private sector organization assigned to the Office under the
executive exchange program shall be considered to be an
employee of the Office for purposes of--
(1) chapter 73 of title 5, United States Code;
(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(3) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(4) chapter 171 of title 28, United States Code (commonly
referred to as the ``Federal Tort Claims Act'') and any other
Federal tort liability statute;
(5) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(6) section 1043 of the Internal Revenue Code of 1986.
(d) Termination of Assignments.--No assignment under this
section shall commence after the end of the 2-year period
beginning on the date of enactment of this section.
(e) Effective Date.--Subject to subsection (d), this
section shall apply to fiscal year 2008 and each fiscal year
thereafter.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for
surveys and studies in connection with activities under the
care of the Architect of the Capitol; for all necessary
expenses for the general and administrative support of the
operations under the Architect of the Capitol including the
Botanic Garden; electrical substations of the Capitol, Senate
and House office buildings, and other facilities under the
jurisdiction of the Architect of the Capitol; including
furnishings and office equipment; including not more than
$5,000 for official reception and representation expenses, to
be expended as the Architect of the Capitol may approve; for
purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $79,897,000, of which $400,000 shall
remain available until September 30, 2012.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $24,090,000, of which $8,290,000
shall remain available until September 30, 2012.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol,
[[Page H15660]]
the Senate and House office buildings, and the Capitol Power
Plant, $10,090,000, of which $500,000 shall remain available
until September 30, 2012.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $70,283,000, of which
$14,400,000 shall remain available until September 30, 2012.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $65,635,000, of
which $25,400,000 shall remain available until September 30,
2012.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $85,310,000, of which $3,155,000 shall
remain available until September 30, 2012: Provided, That not
more than $8,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2008.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $27,553,000, of which $4,890,000 shall
remain available until September 30, 2012.
Capitol Police Buildings, Grounds, and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and AOC security operations,
$14,966,000, of which $1,000,000 shall remain available until
September 30, 2012.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $8,808,000: Provided, That of the amount made
available under this heading, the Architect may obligate and
expend such sums as may be necessary for the maintenance,
care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act,
1989 (2 U.S.C. 2146), upon vouchers approved by the Architect
or a duly authorized designee.
Capitol Visitor Center
For an additional amount for the Capitol Visitor Center
project, $28,753,000, to remain available until expended, of
which up to $8,500,000 may be used for Capitol Visitor Center
operations: Provided, That the Architect of the Capitol may
not obligate any of the funds which are made available for
the Capitol Visitor Center project without an obligation plan
approved by the Committees on Appropriations of the Senate
and House of Representatives.
Administrative Provisions
Sec. 1301. Inspector General of the Architect of the
Capitol. (a) Short Title.--This section may be cited as the
``Architect of the Capitol Inspector General Act of 2007''.
(b) Office of Inspector General.--There is an Office of
Inspector General within the Office of the Architect of the
Capitol which is an independent objective office to--
(1) conduct and supervise audits and investigations
relating to the Architect of the Capitol;
(2) provide leadership and coordination and recommend
policies to promote economy, efficiency, and effectiveness;
and
(3) provide a means of keeping the Architect of the Capitol
and the Congress fully and currently informed about problems
and deficiencies relating to the administration of programs
and operations of the Architect of the Capitol.
(c) Appointment of Inspector General; Supervision;
Removal.--
(1) Appointment and supervision.--
(A) In general.--There shall be at the head of the Office
of Inspector General, an Inspector General who shall be
appointed by the Architect of the Capitol, in consultation
with the Inspectors General of the Library of Congress,
Government Printing Office, Government Accountability Office,
and United States Capitol Police. The appointment shall be
made without regard to political affiliation and solely on
the basis of integrity and demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations. The
Inspector General shall report to, and be under the general
supervision of, the Architect of the Capitol.
(B) Audits, investigations, reports, and other duties and
responsibilities.--The Architect of the Capitol shall have no
authority to prevent or prohibit the Inspector General from--
(i) initiating, carrying out, or completing any audit or
investigation;
(ii) issuing any subpoena during the course of any audit or
investigation;
(iii) issuing any report; or
(iv) carrying out any other duty or responsibility of the
Inspector General under this section.
(2) Removal.--The Inspector General may be removed from
office by the Architect of the Capitol. The Architect of the
Capitol shall, promptly upon such removal, communicate in
writing the reasons for any such removal to each House of
Congress.
(3) Compensation.--The Inspector General shall be paid at
an annual rate of pay equal to $1,500 less than the annual
rate of pay of the Architect of the Capitol.
(d) Duties, Responsibilities, Authority, and Reports.--
(1) In general.--Sections 4, 5 (other than subsections
(a)(13) and (e)(1)(B) thereof), 6 (other than subsection
(a)(7) and (8) thereof), and 7 of the Inspector General Act
of 1978 (5 U.S.C. App.) shall apply to the Inspector General
of the Architect of the Capitol and the Office of such
Inspector General and such sections shall be applied to the
Office of the Architect of the Capitol and the Architect of
the Capitol by substituting--
(A) ``Office of the Architect of the Capitol'' for
``establishment''; and
(B) ``Architect of the Capitol'' for ``head of the
establishment''.
(2) Employees.--The Inspector General, in carrying out this
section, is authorized to select, appoint, and employ such
officers and employees (including consultants) as may be
necessary for carrying out the functions, powers, and duties
of the Office of Inspector General subject to the provisions
of law governing selections, appointments, and employment in
the Office of the Architect of the Capitol.
(e) Transfers.--All functions, personnel, and budget
resources of the Office of the Inspector General of the
Architect of the Capitol as in effect before the effective
date of this section are transferred to the Office of
Inspector General described under subsection (b).
(f) References.--References in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to the Inspector
General of the Architect of the Capitol shall be deemed to
refer to the Inspector General as set forth under this
section.
(g) First Appointment.--By the date occurring 180 days
after the date of enactment of this Act, the Architect of the
Capitol shall appoint an individual to the position of
Inspector General of the Architect of the Capitol described
under subparagraph (A) of subsection (c)(1) in accordance
with that subparagraph.
(h) Effective Date.--
(1) In general.--Except as provided under paragraph (2),
this section shall take effect 180 days after the date of
enactment of this Act and apply with respect to fiscal year
2008 and each fiscal year thereafter.
(2) First appointment.--Subsection (g) shall take effect on
the date of enactment of this Act and the Architect of the
Capitol shall take such actions as necessary after such date
of enactment to carry out that subsection.
Sec. 1302. Flexible Work Schedules. Notwithstanding section
6101 of title 5, United States Code, the Architect of the
Capitol may establish and conduct a pilot program to test
flexible work schedules within the Architect of the Capitol
and Botanic Garden. Such pilot program shall be in accordance
with chapter 61 of title 5, United States Code. This
authority shall terminate effective September 30, 2008.
Sec. 1303. Travel and Transportation. (a) In General.--
Section 5721(1) of title 5, United States Code, is amended--
(1) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively; and
(2) by inserting after subparagraph (F) the following:
``(G) the Architect of the Capitol;''.
(b) Demonstration Program.--Section 521(1)(B) of the
National Energy Conservation Policy Act (42 U.S.C.
8241(1)(B)) is amended by striking ``paragraphs (B) through
(H)'' and inserting ``subparagraphs (B) through (I)''.
Sec. 1304. Advance Payments.--During fiscal year 2008 and
each succeeding fiscal year, following notification of the
Committees on Appropriations of the House of Representatives
and the Senate, the Architect of the Capitol may make
payments in advance for obligations of the Office of the
Architect of the Capitol for subscription services if the
Architect determines it to be more prompt, efficient, or
economical to do so.
Sec. 1305. CVC Maintenance.--For maintenance purposes, the
Capitol Visitor Center (CVC) is considered an extension of
the Capitol Building, and the maintenance functions for the
CVC's infrastructure is the responsibility of the Architect
of the Capitol. Starting in fiscal year 2008, and each fiscal
year thereafter, the CVC's facilities maintenance budget and
associated payroll will be included with the Capitol
Building's appropriation budget, and integrated in such a way
as to facilitate the reporting of expenses associated with
the maintenance of the CVC facility.
Sec. 1306. Leasing Authority.--(a) Section 1102(b) of the
Legislative Branch Appropriations Act, 2004 (2 U.S.C.
1822(b)) is amended--
(1) in paragraph (1), by striking ``Committee on Rules and
Administration'' and inserting ``Committees on Appropriations
and Rules and Administration'';
(2) in paragraph (2), by striking ``the House Office
Building Commission'' and inserting ``the Committee on
Appropriations of the House of Representatives and the House
Office Building Commission''; and
(3) in paragraph (3), by striking the period at the end and
inserting ``, for space to be leased for any other entity
under subsection (a).''.
[[Page H15661]]
(b) The amendments made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 2004.
Sec. 1307. Easements for Rights-of-Way. (a) In General.--
The Architect of the Capitol may grant, upon such terms as
the Architect of the Capitol considers advisable, including
monetary consideration, easements for rights-of-way over, in,
and upon the Capitol Grounds and any other public lands under
the jurisdiction and control of the Architect of the Capitol.
(b) Limitation.--No easement granted under this section may
include more land than is necessary for the easement.
(c) Easement Account.--There is established in the Treasury
an easement account for the Architect of the Capitol. The
Architect of the Capitol shall deposit in the account all
proceeds received relating to the granting of easements under
this section. The proceeds deposited in that account shall be
available to the Architect, in such amounts and for such
purposes provided in appropriations acts.
(d) In-Kind Consideration.--Subject to subsection (f), the
Architect may accept in-kind consideration instead of, or in
addition to, any monetary consideration, for any easement
granted under this section.
(e) Termination of Easement.--The Architect of the Capitol
may terminate all or part of any easement granted under this
section for--
(1) failure to comply with the terms of the grant;
(2) nonuse for a 2-year period; or
(3) abandonment.
(f) Approval.--The Architect of the Capitol may grant an
easement for rights-of-way under subsection (a) upon
submission of written notice of intent to grant that easement
and the amount or type of consideration to be received, and
approval by--
(1) the Committee on Rules and Administration of the Senate
for easements granted on property under Senate jurisdiction;
(2) the House Office Building Commission for property under
House of Representatives jurisdiction; and
(3) the Committee on Rules and Administration of the Senate
and the House Office Building Commission for easements
granted on any other property.
(g) Effective Date.--This section shall apply to fiscal
year 2008 and each fiscal year thereafter.
Sec. 1308. Design-Build Contracts.--(a) Notwithstanding any
other provision of law, the Architect of the Capitol may use
the two-phase selection procedures authorized in section 303M
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253m) for entering into a contract for the
design and construction of a public building, facility, or
work in the same manner and under the same terms and
conditions as the head of an executive agency under such
section.
(b) This section shall apply with respect to fiscal year
2008 and each succeeding fiscal year.
Sec. 1309. Assistant to the Chief Executive Officer for
Visitor Services. (a) Definition.--In this section the term
``Chief Executive Officer'' means the Chief Executive Officer
for Visitor Services established under section 6701 of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act of 2007 (2 U.S.C.
1806).
(b) Assistant to the Chief Executive Officer.--The
Architect of the Capitol shall--
(1) after consultation with the Chief Executive Officer,
appoint an assistant to perform the responsibilities of the
Chief Executive Officer during the absence or disability of
the Chief Executive Officer, or during a vacancy in the
position of the Chief Executive Officer; and
(2) fix the rate of basic pay for the position of the
assistant appointed under paragraph (1) at a rate not to
exceed the highest total rate of pay for the Senior Executive
Service under subchapter VIII of chapter 53 of title 5,
United States Code, for the locality involved.
(c) Effective Date.--This section shall apply to fiscal
year 2008 and each fiscal year thereafter.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $395,784,000, of which not more than $6,000,000
shall be derived from collections credited to this
appropriation during fiscal year 2008, and shall remain
available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than
$350,000 shall be derived from collections during fiscal year
2008 and shall remain available until expended for the
development and maintenance of an international legal
information database and activities related thereto:
Provided, That the Library of Congress may not obligate or
expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$6,350,000: Provided further, That of the total amount
appropriated, $16,451,000 shall remain available until
September 30, 2010 for the partial acquisition of books,
periodicals, newspapers, and all other materials including
subscriptions for bibliographic services for the Library,
including $40,000 to be available solely for the purchase,
when specifically approved by the Librarian, of special and
unique materials for additions to the collections: Provided
further, That of the total amount appropriated, not more than
$12,000 may be expended, on the certification of the
Librarian of Congress, in connection with official
representation and reception expenses for the Overseas Field
Offices: Provided further, That of the total amount
appropriated, $7,000,000 shall remain available until
expended for the digital collections and educational
curricula program: Provided further, That of the total amount
appropriated, $750,000 shall remain available until expended,
and shall be transferred to the Abraham Lincoln Bicentennial
Commission for carrying out the purposes of Public Law 106-
173, of which $10,000 may be used for official representation
and reception expenses of the Abraham Lincoln Bicentennial
Commission: Provided further, That of the total amount
appropriated, $1,482,000 shall be used for the National
Digital Information Infrastructure and Preservation Program:
Provided further, That of the total amount appropriated,
$75,000 shall be used to provide a grant to the Middle
Eastern Text Initiative for translation and publishing of
middle eastern text: Provided further, That $125,000 shall be
used to provide a grant to the University of Mississippi for
the American Music Archives.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office,
$49,558,000, of which not more than $29,826,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2008 under
section 708(d) of title 17, United States Code: Provided,
That not more than $10,000,000 shall be derived from prior
year unobligated balances: Provided further, That the
Copyright Office may not obligate or expend any funds derived
from collections under such section, in excess of the amount
authorized for obligation or expenditure in appropriations
Acts: Provided further, That not more than $4,398,000 shall
be derived from collections during fiscal year 2008 under
sections 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such
title: Provided further, That the total amount available for
obligation shall be reduced by the amount by which
collections and unobligated balances are less than
$44,224,000: Provided further, That not more than $100,000 of
the amount appropriated is available for the maintenance of
an ``International Copyright Institute'' in the Copyright
Office of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than
$4,250 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and
reception expenses for activities of the International
Copyright Institute and for copyright delegations, visitors,
and seminars: Provided further, That notwithstanding any
provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are
attributable to royalty fees and payments received by the
Copyright Office pursuant to sections 111, 119, and chapter
10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $102,601,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$67,091,000, of which $20,704,000 shall remain available
until expended, of which $650,000 shall be available to
contract to provide newspapers to blind and physicially
handicapped residents at no cost to the individual.
Administrative Provisions
Sec. 1401. Incentive Awards Program. Of the amounts
appropriated to the Library of Congress in this Act, not more
than $5,000 may be expended, on the certification of the
Librarian of Congress, in connection with official
representation and reception expenses for the incentive
awards program.
Sec. 1402. Reimbursable and Revolving Fund Activities. (a)
In General.--For fiscal year 2008, the obligational authority
of the Library of Congress for the activities described in
subsection (b) may not exceed $122,529,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
(c) Transfer of Funds.--During fiscal year 2008, the
Librarian of Congress may temporarily transfer funds
appropriated in this Act, under the heading ``Library of
Congress'', under the
[[Page H15662]]
subheading ``Salaries and Expenses'', to the revolving fund
for the FEDLINK Program and the Federal Research Program
established under section 103 of the Library of Congress
Fiscal Operations Improvement Act of 2000 (Public Law 106-
481; 2 U.S.C. 182c): Provided, That the total amount of such
transfers may not exceed $1,900,000: Provided further, That
the appropriate revolving fund account shall reimburse the
Library for any amounts transferred to it before the period
of availability of the Library appropriation expires.
Sec. 1403. Audit Requirement. Section 207(e) of the
Legislative Branch Appropriations Act, 1998 (2 U.S.C. 182(e))
is amended to read as follows:
``(e) Audit.--The revolving fund shall be subject to audit
by the Comptroller General at the Comptroller General's
discretion.''.
Sec. 1404. Transfer Authority. (a) In General.--Amounts
appropriated for fiscal year 2008 for the Library of Congress
may be transferred during fiscal year 2008 between any of the
headings under the heading ``LIBRARY OF CONGRESS'' upon the
approval of the Committees on Appropriations of the Senate
and the House of Representatives.
(b) Limitation.--Not more than 10 percent of the total
amount of funds appropriated to the account under any heading
under the heading ``LIBRARY OF CONGRESS'' for fiscal year
2008 may be transferred from that account by all transfers
made under subsection (a).
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and
the distribution of Congressional information in any format;
printing and binding for the Architect of the Capitol;
expenses necessary for preparing the semimonthly and session
index to the Congressional Record, as authorized by law
(section 902 of title 44, United States Code); printing and
binding of Government publications authorized by law to be
distributed to Members of Congress; and printing, binding,
and distribution of Government publications authorized by law
to be distributed without charge to the recipient,
$90,000,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of
title 44, United States Code: Provided further, That this
appropriation shall be available for the payment of
obligations incurred under the appropriations for similar
purposes for preceding fiscal years: Provided further, That
notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated
or made available under this Act or any other Act for
printing and binding and related services provided to
Congress under chapter 7 of title 44, United States Code, may
be expended to print a document, report, or publication after
the 27-month period beginning on the date that such document,
report, or publication is authorized by Congress to be
printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for
preceding fiscal years may be transferred to the Government
Printing Office revolving fund for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of
Government publications and their distribution to the public,
Members of Congress, other Government agencies, and
designated depository and international exchange libraries as
authorized by law, $35,000,000: Provided, That amounts of not
more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional
serial sets and other related publications for fiscal years
2006 and 2007 to depository and other designated libraries:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for
preceding fiscal years may be transferred to the Government
Printing Office revolving fund for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.
Government Printing Office Revolving Fund
The Government Printing Office is hereby authorized to make
such expenditures, within the limits of funds available and
in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs and purposes
set forth in the budget for the current fiscal year for the
Government Printing Office revolving fund: Provided further,
That not more than $5,000 may be expended on the
certification of the Public Printer in connection with
official representation and reception expenses: Provided
further, That the revolving fund shall be available for the
hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Public
Printer shall be deemed necessary to carry out the provisions
of title 44, United States Code: Provided further, That the
revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more
than the daily equivalent of the annual rate of basic pay for
level V of the Executive Schedule under section 5316 of such
title: Provided further, That the revolving fund and the
funds provided under the headings ``Office of Superintendent
of Documents'' and ``Salaries and Expenses'' together may not
be available for the full-time equivalent employment of more
than 2,621 work-years (or such other number of work-years as
the Public Printer may request, subject to the approval of
the Committees on Appropriations of the House of
Representatives and Senate): Provided further, That
activities financed through the revolving fund may provide
information in any format: Provided further, That the
revolving fund and the funds provided under the headings
``Office of Superintendent of Documents'' and ``salaries and
expenses'' may not be used for contracted security services
at GPO's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $501,000,000: Provided, That
not more than $5,413,000 of payments received under section
782 of title 31, United States Code, shall be available for
use in fiscal year 2008: Provided further, That not more than
$2,097,000 of reimbursements received under section 9105 of
title 31, United States Code, shall be available for use in
fiscal year 2008: Provided further, That of the total amount
provided, up to $2,500,000 is for technology assessment
studies: Provided further, That this appropriation and
appropriations for administrative expenses of any other
department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental
Audit Forum shall be available to finance an appropriate
share of either Forum's costs as determined by the respective
Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to
the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially
financed.
Administrative Provisions
Sec. 1501. Contract Appeals Board. (a) Definitions.--In
this section--
(1) the term ``Board'' means the Contract Appeals Board
established under subsection (b); and
(2) the term ``legislative branch agency'' means--
(A) the Architect of the Capitol;
(B) the United States Botanic Gardens;
(C) the Government Accountability Office;
(D) the Government Printing Office;
(E) the Library of Congress;
(F) the Congressional Budget Office;
(G) the United States Capitol Police; and
(H) any other agency, including any office, board, or
commission, established in the legislative branch; and
(b) Establishment.--There is established a Contract Appeals
Board within the Government Accountability Office. The Board
shall hear and decide appeals from decisions of a contracting
officer with respect to any contract entered into by a
legislative branch agency.
(c) Members of the Board.--
(1) Appointment.--The Comptroller General shall appoint at
least 3 members to the Contract Appeals Board.
(2) Qualifications.--Each member shall have not less than 5
years experience in public contract law.
(3) Pay.--Subject to any provision of law relating to pay
applicable to the Office of General Counsel of the Government
Accountability Office, the Comptroller General shall
establish and adjust the annual rate of basic pay of members
of the Board.
(d) Provisions Applicable to Appeals.--The Contract
Disputes Act of 1978 (Public Law 95-563, 41 U.S.C. 601 et
seq.), as amended, shall apply to appeals to the Board,
except that section 4, subsections 8(a), (b), and (c), and
subsection 10(a) shall not apply to such appeals and the
amount of any claim referenced in subsection 6(c) shall be
$50,000. The Comptroller General shall prescribe regulations
for procedures for appeals to the Board that are consistent
with procedures under the Contract Disputes Act of 1978.
(e) Effective Date.--This section shall apply with respect
to fiscal year 2008 and each fiscal year thereafter.
Sec. 1502. Repeal and Modification of Certain Reporting
Requirements. (a) Annual Report by GAO on Consistency of IMF
Practices With Statutory Policies.--Section 504(e) of the
Consolidated Appropriations Act, 2000 (Public Law 106-113;
113 Stat. 1501A-318) is repealed.
(b) Review of Proposed Changes to Export Thresholds for
Computers.--Section 314 of the Consolidated Appropriations
Act, 2001 (Public Law 106-554; 114 Stat. 2763A-123) is
repealed.
(c) Congressional Hunger Fellowship Program Audit.--Section
4404(f)(4)(A) of the Congressional Hunger Fellows Act of 2002
(2 U.S.C. 1161(f)(4)(A); Public Law 107-171) is amended--
[[Page H15663]]
(1) by striking ``shall'' and inserting ``may''; and
(2) by striking ``annual.''.
(d) Haitian Refugee Immigration.--Section 902(k) of the
Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C.
1255 note; Public Law 105-277) is repealed.
(e) Audit of Financial Transactions.--Section 11 of the
National Moment of Remembrance Act (36 U.S.C. 116 note;
Public Law 106-579) is repealed.
(f) Loss Ratios and Refund of Premiums.--Section 1882(r)(5)
of the Social Security Act (42 U.S.C. 1395ss(r)(5)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``(A) The Comptroller General shall
periodically, not less than once every 3 years,'' and
inserting ``The Secretary may''; and
(B) by striking ``and to the Secretary''; and
(2) by striking subparagraph (B).
(g) Radiation Exposure Compensation Reports.--Section 14 of
the Radiation Exposure Compensation Act (42 U.S.C. 2210 note;
Public Law 101-426) is repealed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $9,000,000:
Provided, That not later than March 31, 2008, the Board of
Trustees of the Open World Leadership Center shall prepare
and submit a report to the Committees on Appropriations of
the Senate and the House of Representatives for potential
options for transfer of the Open World Leadership Center to a
department or agency in the executive branch, establishment
of the Center as an independent agency in the executive
branch, or other appropriate options.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
Sec. 201. Maintenance and Care of Private Vehicles. No part
of the funds appropriated in this Act shall be used for the
maintenance or care of private vehicles, except for emergency
assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of
Representatives issued by the Committee on House
Administration and for the Senate issued by the Committee on
Rules and Administration.
Sec. 202. Fiscal Year Limitation. No part of the funds
appropriated in this Act shall remain available for
obligation beyond fiscal year 2008 unless expressly so
provided in this Act.
Sec. 203. Rates of Compensation and Designation. Whenever
in this Act any office or position not specifically
established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is
different from that specifically established by such Act, the
rate of compensation and the designation in this Act shall be
the permanent law with respect thereto: Provided, That the
provisions in this Act for the various items of official
expenses of Members, officers, and committees of the Senate
and House of Representatives, and clerk hire for Senators and
Members of the House of Representatives shall be the
permanent law with respect thereto.
Sec. 204. Consulting Services. The expenditure of any
appropriation under this Act for any consulting service
through procurement contract, under 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 under
existing law.
Sec. 205. Awards and Settlements. Such sums as may be
necessary are appropriated to the account described in
subsection (a) of section 415 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards
and settlements as authorized under such subsection.
Sec. 206. Costs of LBFMC. Amounts available for
administrative expenses of any legislative branch entity
which participates in the Legislative Branch Financial
Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of
LBFMC costs as determined by the LBFMC, except that the total
LBFMC costs to be shared among all participating legislative
branch entities (in such allocations among the entities as
the entities may determine) may not exceed $2,000.
Sec. 207. Landscape Maintenance. The Architect of the
Capitol, in consultation with the District of Columbia, is
authorized to maintain and improve the landscape features,
excluding streets and sidewalks, in the irregular shaped
grassy areas bounded by Washington Avenue, SW on the
northeast, Second Street SW on the west, Square 582 on the
south, and the beginning of the I-395 tunnel on the
southeast.
Sec. 208. Limitation on Transfers. None of the funds made
available in this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
Sec. 209. Guided Tours of the Capitol.--(a) Except as
provided in subsection (b), none of the funds made available
to the Architect of the Capitol or the U.S. Capitol Guide
Service and Congressional Special Services Office in this Act
may be used to eliminate guided tours of the United States
Capitol which are led by employees and interns of offices of
Members of Congress and other offices of the House of
Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol or Director of the
U.S. Capitol Guide Service and Congressional Special Services
Office with the approval of the Capitol Police Board, guided
tours of the United States Capitol which are led by employees
and interns described in subsection (a) may be suspended
temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the
United States Capitol which are led by the Architect of the
Capitol or the Capitol Guide Service.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2008.''
Sec. 210. (a) Rescissions.--There is hereby rescinded an
amount equal to 0.25 percent of the budget authority provided
for fiscal year 2008 for any discretionary account in title I
of this Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying reports for the relevant fiscal year covering
such account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most recently
submitted President's budget).
(c) Exception.--This section shall not apply to section
1003 of title I of this Act.
(d) Administration of Across-the-Board Reductions.--In the
administration of subsection (a), with respect to the budget
authority provided under the heading ``SENATE'' in title I of
this Act--
(1) the percentage rescissions under subsection (a) shall
apply to the total amount of all funds appropriated under
that heading; and
(2) the rescissions may be applied without regard to
subsection (b).
DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
(including rescission of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $3,936,583,000, to remain available until
September 30, 2012: Provided, That of this amount, not to
exceed $321,983,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Army'' under Public Law 110-5, $8,690,000 are hereby
rescinded.
Military Construction, Navy and Marine Corps
(including rescissions of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$2,198,394,000, to remain available until September 30, 2012:
Provided, That of this amount, not to exceed $113,017,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Navy and Marine Corps'' under Public Law 108-132, $5,862,000;
under Public Law 108-324, $2,069,000; and under Public Law
110-5, $2,626,000 are hereby rescinded.
Military Construction, Air Force
(including rescissions of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,159,747,000, to
remain available until September 30, 2012: Provided, That of
this amount, not to exceed $43,721,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the funds appropriated
for ``Military Construction, Air Force'' under Public Law
108-324, $5,319,000; and under Public Law 110-5, $5,151,000
are hereby rescinded.
[[Page H15664]]
Military Construction, Defense-Wide
(including transfer and rescission of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $1,609,596,000,
to remain available until September 30, 2012: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $155,569,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Defense-Wide'' under Public Law 110-5, $10,192,000 are hereby
rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$536,656,000, to remain available until September 30, 2012.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$287,537,000, to remain available until September 30, 2012.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $148,133,000, to remain
available until September 30, 2012.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $64,430,000, to remain available until September 30,
2012.
Military Construction, Air Force Reserve
(including rescission of funds)
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $28,359,000, to remain
available until September 30, 2012: Provided, That of the
funds appropriated for ``Military Construction, Air Force
Reserve'' under Public Law 109-114, $3,069,000 are hereby
rescinded.
North Atlantic Treaty Organization Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $201,400,000, to remain available until
expended.
Family Housing Construction, Army
(including rescission of funds)
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$424,400,000, to remain available until September 30, 2012:
Provided, That of the funds appropriated for ``Family Housing
Construction, Army'' under Public Law 110-5, $4,559,000 are
hereby rescinded.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $731,920,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $293,129,000, to remain available until September 30,
2012.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $371,404,000.
Family Housing Construction, Air Force
(including rescission of funds)
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$327,747,000, to remain available until September 30, 2012:
Provided, That of the funds appropriated for ``Family Housing
Construction, Air Force'' under Public Law 108-132,
$15,000,000 are hereby rescinded.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $688,335,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $48,848,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $500,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$104,176,000, to remain available until September 30, 2012,
which shall be only for the Assembled Chemical Weapons
Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $295,689,000, to remain available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $7,235,591,000, to remain available until
expended: Provided, That the Department of Defense shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a
construction project that exceeds or reduces the amount
identified for that project in the most recently submitted
budget request for this account by 20 percent or $2,000,000,
whichever is less: Provided further, That the previous
proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously
identified in any budget submission for this account and
exceeding the minor construction threshold under 10 U.S.C.
2805.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for
[[Page H15665]]
which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to
a foreign contractor: Provided, That this section shall not
be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of the plans and scope of
any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended
for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last two months of the fiscal year.
(including transfer of funds)
Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
Sec. 118. (a) The Secretary of Defense, in consultation
with the Secretary of State, shall submit to the Committees
on Appropriations of both Houses of Congress, by February 15
of each year, an annual report, in unclassified and, if
necessary classified form, on actions taken by the Department
of Defense and the Department of State during the previous
fiscal year to encourage host countries to assume a greater
share of the common defense burden of such countries and the
United States.
(b) The report under subsection (a) shall include a
description of--
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of
the United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise
imparted to host countries upon the cessation of United
States operations at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed
to NATO by host countries, in dollars and in terms of the
percent of the total NATO budget.
(c) In this section, the term ``host country'' means other
member countries of NATO, Japan, South Korea, and United
States allies bordering the Arabian Sea.
(including transfer of funds)
Sec. 119. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.
(including transfer of funds)
Sec. 120. Subject to 30 days prior notification to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged
with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the
Fund; or (2) the Department of Defense Military Unaccompanied
Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in ``Military
Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be
available to cover the costs, as defined in section 502(5) of
the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to
the provisions of subchapter IV of chapter 169 of title 10,
United States Code, pertaining to alternative means of
acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
Sec. 121. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the Committees on
Appropriations of both Houses of Congress the notice
described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal
Government with respect to the guarantee.
(including transfer of funds)
Sec. 122. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to
pay for expenses associated with the Homeowners Assistance
Program. Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period
as the fund to which transferred.
Sec. 123. Notwithstanding this or any other provision of
law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification to the Committees
on Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 124. Whenever the Secretary of Defense or any other
official of the Department of Defense is requested by the
subcommittee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives or the subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate to respond to a
question or inquiry submitted by the chairman or another
member of that subcommittee pursuant to a subcommittee
hearing or other activity, the Secretary (or other official)
shall respond to the request, in writing, within 21 days of
the date on which the request is transmitted to the Secretary
(or other official).
Sec. 125. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 126. None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that
has been approved for realignment to another installation, in
2005
[[Page H15666]]
under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function
that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if
the project is at an active component base that shall be
established as an enclave or in the case of projects having
multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project.
The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military
construction project, land acquisition, or family housing
project to another account or use such funds for another
purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This
section shall not apply to military construction projects,
land acquisition, or family housing projects for which the
project is vital to the national security or the protection
of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry
out such a military construction project.
(including transfer of funds)
Sec. 127. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 128. None of the funds in this title shall be used for
any activity related to the construction of an Outlying
Landing Field in Washington County, North Carolina.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $41,236,322,000, to remain available until expended:
Provided, That not to exceed $28,583,000 of the amount
appropriated under this heading shall be reimbursed to
``General operating expenses'' and ``Medical administration''
for necessary expenses in implementing the provisions of
chapters 51, 53, and 55 of title 38, United States Code, the
funding source for which is specifically provided as the
``Compensation and pensions'' appropriation: Provided
further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical
care collections fund'' to augment the funding of individual
medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United
States Code, $3,300,289,000, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2),
(5), and (11) of that subsection, shall be charged to this
account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by title 38, United States Code, chapters 19 and
21, $41,250,000, to remain available until expended.
Veterans Housing Benefit Program Fund Program Account
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: 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
during fiscal year 2008, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $154,562,000.
Vocational Rehabilitation Loans Program Account
(including transfer of funds)
For the cost of direct loans, $71,000, as authorized by
chapter 31 of title 38, United States Code: 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 funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$3,287,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $311,000, which may be
transferred to and merged with the appropriation for
``General operating expenses''.
Native American Veteran Housing Loan Program Account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $628,000.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 20 of title 38, United States Code, not to exceed
$750,000 of the amounts appropriated by this Act for
``General operating expenses'' and ``Medical administration''
may be expended.
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, food services, and salaries
and expenses of health-care employees hired under title 38,
United States Code, and aid to State homes as authorized by
section 1741 of title 38, United States Code;
$29,104,220,000, plus reimbursements, of which not less than
$2,900,000,000 shall be expended for specialty mental health
care and not less than $130,000,000 shall be expended for the
homeless grants and per diem program: Provided, That of the
funds made available under this heading, not to exceed
$1,350,000,000 shall be available until September 30, 2009:
Provided further, That, notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans
who have service-connected disabilities, lower income, or
have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs
shall give priority funding for the provision of basic
medical benefits to veterans in enrollment priority groups 1
through 6: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may
authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with
privately written prescriptions based on requirements
established by the Secretary: Provided further, That the
implementation of the program described in the previous
proviso shall incur no additional cost to the Department of
Veterans Affairs: Provided further, That for the Department
of Defense/Department of Veterans Affairs Health Care Sharing
Incentive Fund, as authorized by section 8111(d) of title 38,
United States Code, a minimum of $15,000,000, to remain
available until expended, for any purpose authorized by
section 8111 of title 38, United States Code.
MEDICAL ADMINISTRATION
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.): $3,517,000,000, plus reimbursements, of
which $250,000,000 shall be available until September 30,
2009.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and
other necessary facilities of the Veterans Health
Administration; for administrative expenses in support of
planning, design, project management, real property
acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the
Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing,
altering, improving, or providing facilities in the several
hospitals and homes under the jurisdiction of the Department,
not otherwise provided for, either by contract or by the hire
of temporary employees and purchase of materials; for leases
of facilities; and for laundry services, $4,100,000,000, plus
reimbursements, of which $350,000,000 shall be available
until September 30, 2009: Provided, That $325,000,000 for
non-recurring maintenance provided under this heading shall
be allocated in a manner not subject to the Veterans
Equitable Resource Allocation.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $480,000,000,
plus reimbursements, to remain available until September 30,
2009.
[[Page H15667]]
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $195,000,000, of which not
to exceed $20,000,000 shall be available until September 30,
2009.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the
Department of Defense for the cost of overseas employee mail,
$1,605,000,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that
the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,327,001,000: Provided further, That of the
funds made available under this heading, not to exceed
$75,000,000 shall be available for obligation until September
30, 2009: Provided further, That from the funds made
available under this heading, the Veterans Benefits
Administration may purchase (on a one-for-one replacement
basis only) up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.
Information Technology Systems
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems;
including pay and associated cost for operations and
maintenance associated staff; for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $1,966,465,000, to be available until September
30, 2009: Provided, That none of these funds may be obligated
until the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress, 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; (2) complies with the Department of Veterans Affairs
enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That within 30 days of enactment of this
Act, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a
reprogramming base letter which provides, by project, the
costs included in this appropriation.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $80,500,000, of which $5,000,000 shall be available
until September 30, 2009.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$1,069,100,000, to remain available until expended, of which
$2,000,000 shall be to make reimbursements as provided in
section 13 of the Contract Disputes Act of 1978 (41 U.S.C.
612) for claims paid for contract disputes: Provided, That
except for advance planning activities, including needs
assessments which may or may not lead to capital investments,
and other capital asset management related activities,
including portfolio development and management activities,
and investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, none of the funds
appropriated under this heading shall be used for any project
which has not been approved by the Congress in the budgetary
process: Provided further, That funds provided in this
appropriation for fiscal year 2008, for each approved project
shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2008; and (2) by the
awarding of a construction contract by September 30, 2009:
Provided further, That the Secretary of Veterans Affairs
shall promptly submit to the Committees on Appropriations of
both Houses of Congress a written report on any approved
major construction project for which obligations are not
incurred within the time limitations established above:
Provided further, That none of the funds appropriated in this
or any other Act may be used to reduce the mission, services,
or infrastructure, including land, of the 18 facilities on
the Capital Asset Realignment for Enhanced Services (CARES)
list requiring further study, as specified by the Secretary
of Veterans Affairs, without prior approval of the Committees
on Appropriations of both Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110,
8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $630,535,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds in this account shall be
available for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $165,000,000, to remain available
until expended.
grants for construction of state veterans cemeteries
For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $39,500,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2008 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for fiscal year 2008, in
this Act or any other Act, under the ``Medical services'',
``Medical Administration'', and ``Medical facilities''
accounts may be transferred among the accounts to the extent
necessary to implement the restructuring of the Veterans
Health Administration accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code,
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2007.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations
[[Page H15668]]
of corresponding prior year appropriations accounts resulting
from sections 3328(a), 3334, and 3712(a) of title 31, United
States Code, except that if such obligations are from trust
fund accounts they shall be payable only from ``Compensation
and pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2008, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38
U.S.C. 1920), the Veterans' Special Life Insurance Fund (38
U.S.C. 1923), and the United States Government Life Insurance
Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during
fiscal year 2008 that are available for dividends in that
program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2008 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which
the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not
exceed $32,067,000 for the Office of Resolution Management
and $3,148,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished
based on estimated costs: Provided further, That amounts
received shall be credited to ``General operating expenses''
for use by the office that provided the service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the
Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, at
the discretion of the Secretary of Veterans Affairs, proceeds
or revenues derived from enhanced-use leasing activities
(including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214. Amounts made available under ``Medical services''
are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of that account.
Sec. 216. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans who are
eligible under existing Department of Veterans Affairs
medical care requirements and who reside in Alaska to obtain
medical care services from medical facilities supported by
the Indian Health Service or tribal organizations. The
Secretary shall: (1) limit the application of this provision
to rural Alaskan veterans in areas where an existing
Department of Veterans Affairs facility or Veterans Affairs-
contracted service is unavailable; (2) require participating
veterans and facilities to comply with all appropriate rules
and regulations, as established by the Secretary; (3) require
this provision to be consistent with Capital Asset
Realignment for Enhanced Services activities; and (4) result
in no additional cost to the Department of Veterans Affairs
or the Indian Health Service.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used
to replace the current system by which the Veterans
Integrated Services Networks select and contract for diabetes
monitoring supplies and equipment.
Sec. 219. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 220. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans
Health Administration.
(including transfer of funds)
Sec. 221. Amounts made available under the ``Medical
services'', ``Medical Administration'', ``Medical
facilities'', ``General operating expenses'', and ``National
Cemetery Administration'' accounts for fiscal year 2008, may
be transferred to or from the ``Information technology
systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
Sec. 222. Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 223. Any balances in prior year accounts established
for the payment of benefits under the Reinstated Entitlement
Program for Survivors shall be transferred to and merged with
amounts available under the ``Compensation and pensions''
account, and receipts that would otherwise be credited to the
accounts established for the payment of benefits under the
Reinstated Entitlement Program for Survivors program shall be
credited to amounts available under the ``Compensation and
pensions'' account.
Sec. 224. Prohibition on Disposal of Department of Veterans
Affairs Lands and Improvements at West Los Angeles Medical
Center, California. (a) In General.--The Secretary of
Veterans Affairs may not declare as excess to the needs of
the Department of Veterans Affairs, or otherwise take any
action to exchange, trade, auction, transfer, or otherwise
dispose of, or reduce the acreage of, Federal land and
improvements at the Department of Veterans Affairs West Los
Angeles Medical Center, California, encompassing
approximately 388 acres on the north and south sides of
Wilshire Boulevard and west of the 405 Freeway.
(b) Special Provision Regarding Lease With Representative
of the Homeless.--Notwithstanding any provision of this Act,
section 7 of the Homeless Veterans Comprehensive Services Act
of 1992 (Public Law 102-590) shall remain in effect.
(c) Conforming Amendment.--Section 8162(c)(1) of title 38,
United States Code, is amended--
(1) by inserting ``or section 224(a) of the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2008'' after ``section 421(b)(2) of the
Veterans' Benefits and Services Act of 1988 (Public Law 100-
322; 102 Stat. 553)''; and
(2) by striking ``that section'' and inserting ``such
sections''.
(d) Effective Date.--This section, including the amendment
made by this section, shall apply with respect to fiscal year
2008 and each fiscal year thereafter.
Sec. 225. The Department shall continue research into Gulf
War Illness at levels not less than those made available in
fiscal year 2007, within available funds contained in this
Act.
Sec. 226. (a) Not later than 30 days after the date of the
enactment of this Act, the Inspector General of the
Department of Veterans Affairs shall establish and maintain
on the homepage of the Internet website of the Office of
Inspector General a mechanism by which individuals can
anonymously report cases of waste, fraud, or abuse with
respect to the Department of Veterans Affairs.
(b) Not later than 30 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall
establish and maintain on the homepage of the Internet
website of the Department of Veterans Affairs a direct link
to the Internet website of the Office of Inspector General of
the Department of Veterans Affairs.
Sec. 227. (a) Upon a determination by the Secretary of
Veterans Affairs that such action is in the national
interest, and will have a direct benefit for veterans through
increased access to treatment, the Secretary of Veterans
Affairs may transfer not more than $5,000,000 to the
Secretary of Health and Human Services for the Graduate
Psychology Education Program, which includes treatment of
veterans, to support
[[Page H15669]]
increased training of psychologists skilled in the treatment
of post-traumatic stress disorder, traumatic brain injury,
and related disorders.
(b) The Secretary of Health and Human Services may only use
funds transferred under this section for the purposes
described in subsection (a).
(c) The Secretary of Veterans Affairs shall notify Congress
of any such transfer of funds under this section.
Sec. 228. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with--
(1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119
Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 229. The Secretary of Veterans Affairs may carry out a
major medical facility lease in fiscal year 2008 in an amount
not to exceed $12,000,000 to implement the recommendations
outlined in the August, 2007 Study of South Texas Veterans'
Inpatient and Specialty Outpatient Health Care Needs.
(including recission of funds)
Sec. 230. Of the amounts made available for ``Veterans
Health Administration, Medical Services'' in Public Law 110-
28, $66,000,000 are rescinded. For an additional amount for
``Departmental Administration, Construction, Major
Projects'', $66,000,000, to be available until expended:
Provided, That the amount provided by this section is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
Sec. 231. Section 1710(f)(2)(B) of title 38, United States
Code, is amended by striking ``September 30, 2007,'' and
inserting ``September 30, 2008,''.
Sec. 232. Section 1729(a)(2)(E) of title 38, United States
Code, is amended by striking ``October 1, 2007,'' and
inserting ``October 1, 2008,''.
Sec. 233. The unobligated balance of funds appropriated
under the heading ``Construction, Major Projects'' in Public
Law 109-234 for environmental clean-up and removal of debris
from the Department of Veterans Affairs property in Gulfport,
Mississippi, shall be available to the Department to replace
missing doors and windows, and to repair roofs, of the
buildings identified by the City of Gulfport, Mississippi,
that will convey with the property, to prevent further
environmental damage to the interior infrastructure of these
buildings: Provided, That the amount provided by this section
is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
Sec. 234. Notwithstanding any other provision of law,
increases necessary to carry out section 3674 of title 38,
United States Code at a level equal to fiscal year 2007 shall
be available from amounts provided in this title for
``Departmental Administration, General Operating Expenses''.
Sec. 235. (a) Emergency Designation.--Notwithstanding any
other provision of this title (except section 230), of the
amounts otherwise provided by this title for the following
accounts, the following amounts are designated as emergency
requirements and necessary to meet emergency needs pursuant
to subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for
fiscal year 2008: Veterans Health Administration, Medical
Services, $1,936,549,000; Veterans Health Administration,
Medical Administration, $75,000,000; Veterans Health
Administration, Medical Facilities, $508,000,000; Veterans
Health Administration, Medical and Prosthetic Research,
$69,000,000; National Cemetery Administration, $28,191,000;
Departmental Administration, General Operating Expenses,
$133,163,000; Departmental Administration, Information
Technology Systems, $107,248,000; Departmental
Administration, Office of the Inspector General, $7,901,000;
Departmental Administration, Construction, Major Projects
$341,700,000; Departmental Administration, Construction,
Minor Projects, $397,139,000; Departmental Administration,
Grants for construction of State Extended Care Facilities,
$80,000,000; and Departmental Administration, Grants for
Construction of State Veterans Cemeteries, $7,500,000.
(b) Contingent Appropriation.--Any amount appropriated in
this title that is designated by the Congress as an emergency
requirement pursuant to subsection (a) shall be made
available only after submission to the Congress by January
18, 2008, a formal budget request by the President that
includes designation of the entire amount of the request as
an emergency requirement.
(c) Requirement for Availability.--None of the funds
described in subsection (a) shall become available for
obligation unless all such funds are made available for
obligation.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
Salaries and Expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$44,600,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, $11,000,000, to remain
available until expended, for purposes authorized by section
2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$22,717,000, of which $1,210,000 shall be available for the
purpose of providing financial assistance as described, and
in accordance with the process and reporting procedures set
forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $31,230,000, to remain
available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the Lease of Department of Defense Real
Property for Defense Agencies account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the
federally-owned water main at Arlington National Cemetery
making additional land available for ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$55,724,000.
General Fund Payment, Armed Forces Retirement Home
For payment to the ``Armed Forces Retirement Home'',
$800,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. Such sums as may be necessary for fiscal year
2008 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404. No part of any funds appropriated in this 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
Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 407. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 408. The Director of the Congressional Budget Office
shall, not later than February 1, 2008, submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report projecting annual appropriations
necessary for the Department of Veterans Affairs to continue
providing necessary health care to veterans for fiscal years
2009 through 2012.
Sec. 409. None of the funds appropriated or otherwise made
available in this Act may be used for any action that is
related to or promotes the expansion of the boundaries or
size of the Pinon Canyon Maneuver Site, Colorado.
Sec. 410. (a) In this section:
(1) The term ``City'' means the City of Aurora, Colorado.
(2) The term ``deed'' means the quitclaim deed--
(A) conveyed by the Secretary to the City; and
(B) dated May 24, 1999.
(3) The term ``non-Federal land'' means--
(A) parcel I of the Fitzsimons Army Medical Center,
Colorado; and
(B) the parcel of land described in the deed.
(4) The term ``Secretary'' means the Secretary of the
Interior.
[[Page H15670]]
(b)(1) In accordance with paragraph (2), to allow the City
to convey by donation to the United States the non-Federal
land to be used by the Secretary of Veterans Affairs for the
construction of a veterans medical facility.
(2) In carrying out paragraph (1), with respect to the non-
Federal land, the Secretary shall forego exercising any
rights provided by the--
(A) deed relating to a reversionary interest of the United
States; and
(B) any other reversionary interest of the United States.
This division may be cited as the ``Military Construction
and Veterans Affairs and Related Agencies Appropriations Act,
2008''.
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948; representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress; arms
control, nonproliferation and disarmament activities as
authorized; acquisition by exchange or purchase of passenger
motor vehicles as authorized by law; and for expenses of
general administration, $4,385,042,000: Provided, That of the
amount provided by this paragraph, $575,000,000 is designated
as described in section 5 (in the matter preceding division A
of this consolidated Act): Provided further, That of the
amount made available under this heading, not to exceed
$10,000,000 may be transferred to, and merged with,
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and terrorism
rewards: Provided further, That of the amount made available
under this heading, not less than $360,905,000 shall be
available only for public diplomacy international information
programs: Provided further, That of the funds made available
under this heading, $5,000,000 shall be made available for a
demonstration program to expand access to consular services:
Provided further, That of the amount appropriated under this
heading, $2,000,000 shall be available for the Secretary to
establish and operate a public/private interagency public
diplomacy center which shall serve as a program integration
and coordination entity for United States public diplomacy
programs: Provided further, That of the amounts appropriated
under this heading, $4,000,000, to remain available until
expended, shall be for compensation to the families of
members of the Foreign Service or other United States
Government employees or their dependents, who were killed in
terrorist attacks since 1979: Provided further, That none of
the funds made available for compensation in the previous
proviso may be obligated without specific authorization in a
subsequent Act of Congress: Provided further, That during
fiscal year 2008, foreign service annuitants may be employed,
notwithstanding section 316.401 of title 5, Code of Federal
Regulations, pursuant to waivers under section
824(g)(1)(C)(ii) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)(1)(C)(ii)): Provided further, That of the
funds appropriated under this heading, $5,000,000 shall be
made available for the Ambassador's Fund for Cultural
Preservation: Provided further, That of the funds
appropriated under this heading, $500,000 may not be
available for obligation until the Secretary of State submits
a report to the Committees on Appropriations outlining a plan
to increase the capacity of United States Embassy Moscow to
monitor human rights and Russian laws relating to the press
and civil society groups, and consults with the Committees on
Appropriations concerning such plan: Provided further, That
the Secretary may transfer to and merge with ``Emergencies in
the Diplomatic and Consular Service'' for rewards payments
unobligated balances of funds appropriated under ``Diplomatic
and Consular Programs'' for this fiscal year and for each
fiscal year hereafter, at no later than the end of the fifth
fiscal year after the fiscal year for which any such funds
were appropriated or otherwise made available: Provided
further, That funds available under this heading may be
available for a United States Government interagency task
force to examine, coordinate and oversee United States
participation in the United Nations headquarters renovation
project: Provided further, That no funds may be obligated or
expended for processing licenses for the export of satellites
of United States origin (including commercial satellites and
satellite components) to the People's Republic of China
unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action: Provided
further, That funds appropriated under this heading are
available, pursuant to 31 U.S.C. 1108(g), for the field
examination of programs and activities in the United States
funded from any account contained in this title.
In addition, not to exceed $1,558,390 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in
accordance with section 4 of the International Center Act; in
addition, as authorized by section 5 of such Act, $490,000,
to be derived from the reserve authorized by that section, to
be used for the purposes set out in that section; in
addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
In addition, for the costs of worldwide security
protection, $974,760,000, to remain available until expended:
Provided, That of the amount provided by this paragraph,
$206,632,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
Capital Investment Fund
For necessary expenses of the Capital Investment Fund,
$60,062,000, to remain available until expended, as
authorized: Provided, That section 135(e) of Public Law 103-
236 shall not apply to funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$34,008,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to
post inspections.
Educational and Cultural Exchange Programs
For expenses of educational and cultural exchange programs,
as authorized, $505,441,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as
authorized.
Representation Allowances
For representation allowances as authorized, $8,175,000.
Protection of Foreign Missions and Officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $23,000,000, to remain available
until September 30, 2009.
Embassy Security, Construction, and Maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the
Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $761,216,000, to
remain available until expended as authorized, of which not
to exceed $25,000 may be used for domestic and overseas
representation as authorized: Provided, That none of the
funds appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for
other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $676,000,000, to
remain available until expended.
emergencies in the diplomatic and consular service
(including transfer of funds)
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,000,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the ``Repatriation Loans
Program Account'', subject to the same terms and conditions.
Repatriation Loans Program Account
(Including Transfer of Funds)
For the cost of direct loans, $678,000, as authorized:
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.
In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be
transferred to and merged with ``Diplomatic and Consular
Programs''.
Payment to the American Institute in Taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $16,351,000.
Payment to the Foreign Service Retirement and Disability Fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $158,900,000.
International Organizations
Contributions to International Organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,354,400,000: Provided, That
the Secretary of State shall, at the time of the submission
of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees
on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United
Nations program without identifying an offsetting
[[Page H15671]]
decrease elsewhere in the United Nations budget and cause the
United Nations budget for the biennium 2008-2009 to exceed
the revised United Nations budget level for the biennium
2006-2007 of $4,173,895,900: Provided further, That any
payment of arrearages under this title shall be directed
toward activities that are mutually agreed upon by the United
States and the respective international organization:
Provided further, That none of the funds appropriated in this
paragraph shall be available for a United States contribution
to an international organization for the United States share
of interest costs made known to the United States Government
by such organization for loans incurred on or after October
1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $1,700,500,000, of which 15 percent shall remain
available until September 30, 2009: Provided, That none of
the funds made available under this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for the
new or expanded mission in the United Nations Security
Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations and other
appropriate committees of the Congress are notified of the
estimated cost and length of the mission, the national
interest that will be served, and the planned exit strategy;
(2) the Committees on Appropriations and other appropriate
committees of the Congress are notified that the United
Nations has taken appropriate measures to prevent United
Nations employees, contractor personnel, and peacekeeping
forces serving in any United Nations peacekeeping mission
from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual
exploitation, and to hold accountable individuals who engage
in such acts while participating in the peacekeeping mission,
including the prosecution in their home countries of such
individuals in connection with such acts; and (3) a
reprogramming of funds pursuant to section 615 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the Committees on
Appropriations that American manufacturers and suppliers are
being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That of the amount provided by this
paragraph, $468,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act).
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$30,430,000.
Construction
For detailed plan preparation and construction of
authorized projects, $88,425,000, to remain available until
expended, as authorized.
American Sections, International Commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $10,940,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, $9,000 may be made
available for representation expenses 45 days after
submission to the Committees on Appropriations of a report
detailing obligations, expenditures and associated activities
for fiscal years 2005, 2006 and 2007, including any
unobligated funds which expired at the end of each fiscal
year and the justification for why such funds were not
obligated.
Of the funds made available in the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006,
Public Law 109-108, as continued by the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5), for the
International Joint Commission (119 Stat. 2323), $300,000 for
the Lake Champlain Basin Program shall remain available for
the purposes intended until September 30, 2009.
International Fisheries Commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $26,527,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to 31 U.S.C. 3324: Provided further, That funds
appropriated under this heading shall be available for
programs in the amounts contained in the table included in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act)
accompanying this Act and no proposal for deviation from
those amounts shall be considered.
Other
Payment to the Asia Foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $15,500,000, to remain
available until expended, as authorized.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2008, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2008, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2008, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $19,500,000: Provided,
That none of the funds appropriated herein shall be used to
pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
RELATED AGENCIES
Broadcasting Board of Governors
International Broadcasting Operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease,
and installation of necessary equipment for radio and
television transmission and reception to Cuba, and to make
and supervise grants for radio and television broadcasting to
the Middle East, $676,727,000: Provided, That of the total
amount in this heading, not to exceed $16,000 may be used for
official receptions within the United States as authorized,
not to exceed $35,000 may be used for representation abroad
as authorized, and not to exceed $39,000 may be used for
official reception and representation expenses of Radio Free
Europe/Radio Liberty; and in addition, notwithstanding any
other provision of law, not to exceed $2,000,000 in receipts
from advertising and revenue from business ventures, not to
exceed $500,000 in receipts from cooperating international
organizations, and not to exceed $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes: Provided
further, That of the amount provided by this paragraph,
$12,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
broadcasting capital improvements
For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and
reception, and purchase and installation of necessary
equipment for radio and television transmission and reception
as authorized, $10,748,000, to remain available until
expended, as authorized.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $499,000, as
authorized by section 1303 of Public Law 99-83.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,300,000, to remain available until September 30,
2009.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,370,000, to remain available until September 30, 2009.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2009.
[[Page H15672]]
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not
more than $4,000 for the purpose of official representation,
to remain available until September 30, 2009: Provided, That
the Commission shall submit a spending plan to the Committees
on Appropriations no later than March 1, 2008 which
effectively addresses the recommendations of the Government
Accountability Office's audit of the Commission (GAO-07-
1128): Provided further, That the Commission shall provide to
the Committees on Appropriations a quarterly accounting of
the cumulative balances of any unobligated funds that were
received by the Commission during any previous fiscal year:
Provided further, That for purposes of costs relating to
printing and binding, the Commission shall be deemed,
effective on the date of its establishment, to be a committee
of Congress: Provided further, That compensation for the
executive director of the Commission may not exceed the rate
payable for level II of the Executive Schedule under section
5314 of title 5, United States Code: Provided further, That
section 1238(c)(1) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, is amended by
striking ``June'' and inserting ``December'': Provided
further, That travel by members of the Commission and its
staff shall be arranged and conducted under the rules and
procedures applying to travel by members of the House of
Representatives and its staff.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-99; 118 Stat. 448), $150,000, to remain
available until September 30, 2009.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $25,000,000, to remain available until September 30,
2009.
GENERAL PROVISIONS--THIS TITLE
allowances and differentials
Sec. 101. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
5 U.S.C. 3109; and for hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 102. The Department of State and the Broadcasting
Board of Governors shall provide to the Committees on
Appropriations a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such
agency during any previous fiscal year.
Embassy Construction
Sec. 103. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct
a diplomatic facility of the United States may not include
office space or other accommodations for an employee of a
Federal agency or department if the Secretary of State
determines that such department or agency has not provided to
the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (as enacted
into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as
amended by section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United
States may include office space or other accommodations for
members of the Marine Corps.
peacekeeping missions
Sec. 104. None of the funds made available under title I of
this Act may be used for any United Nations undertaking when
it is made known to the Federal official having authority to
obligate or expend such funds that: (1) the United Nations
undertaking is a peacekeeping mission; (2) such undertaking
will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
denial of visas
Sec. 105. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended
for any purpose for which appropriations are prohibited by
section 616 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1999.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2008.
senior policy operating group
Sec. 106. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 105(f) of
the Victims of Trafficking and Violence Protection Act of
2000 (22 U.S.C. 7103(f)) to coordinate agency activities
regarding policies (including grants and grant policies)
involving the international trafficking in persons, shall
coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.
(b) None of the funds provided under title I of this or any
other Act making appropriations for Department of State and
Related Agencies shall be expended to perform functions that
duplicate coordinating responsibilities of the Operating
Group.
(c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section
105(f).
UNITED STATES CITIZENS BORN IN JERUSALEM
Sec. 107. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
consulting services
Sec. 108. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of
public record and available for public inspection, except
where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Compliance With Section 609
Sec. 109. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended
for any purpose for which appropriations are prohibited by
section 609 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2008.
state department authorities
Sec. 110. Funds appropriated under title I of this Act for
the Broadcasting Board of Governors and the Department of
State may be obligated and expended notwithstanding section
15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Personnel Actions
Sec. 111. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 615 of
title VI of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
restrictions on united nations delegations
Sec. 112. None of the funds made available under title I of
this Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such commission is chaired or presided
over by a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), has provided support for acts of international
terrorism.
PEACEKEEPING ASSESSMENT
Sec. 113. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C.
287e note) is amended at the end by adding the following:
``(v) For assessments made during calendar year 2008, 27.1
percent.''.
alhurra broadcasting
Sec. 114. Funds appropriated for the programs and
activities of Alhurra in fiscal year 2008 may be made
available only if the Secretary of State certifies and
reports to the Committees on Appropriations that Alhurra does
not advocate on behalf of any organization that the Secretary
knows, or has reason to believe, engages in terrorist
activities.
department of state inspector general
Sec. 115. (a) Link to Office of Inspector General From
Homepage of Department of State.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
State shall establish and maintain on the homepage of the
Internet website of the Department of State a direct link to
the Internet website of the Office of Inspector General of
the Department of State.
(b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not
later than 30 days after the date of the enactment of this
Act, the Inspector General of the Department of State shall
establish and maintain on the homepage of the Internet
website of the Office of Inspector General a mechanism by
which individuals can anonymously report cases of waste,
fraud, or abuse with respect to the Department of State.
CONSULAR OPERATIONS
Sec. 116. The Secretary of State shall establish limited
consular operations in Iraq within 180 days of enactment of
this Act in which designated categories of aliens may apply
and interview for admission to the United States.
INTERNATIONAL BOUNDARY AND WATER COMMISSION
Sec. 117. Of the funds appropriated in this Act under the
heading ``International Boundary and Water Commission, United
States and Mexico, Construction'' (IBWC), up to $66,000,000
may be expended for construction of secondary wastewater
treatment capability of at least 25 million gallons per day
(mgd) from the Tijuana River, subject to the following
conditions: (1) IBWC shall resume negotiations in accordance
with section 804 of Public Law 106-457; (2)
[[Page H15673]]
IBWC shall prepare design and engineering plans to upgrade
the South Bay International Wastewater Treatment Plant to
treat 25 mgd to secondary treatment and update its conceptual
designs for a scalable project capable of treating up to 100
mgd to secondary at the facility; and (3) none of the funds
made available by this section may be obligated for
construction before the Government Accountability Office
completes a report on the proposed projects.
Commission Financial Management
Sec. 118. (a) Requirement for Performance Reviews.--The
United States-China Economic and Security Review Commission
shall comply with chapter 43 of title 5, United States Code,
regarding the establishment and regular review of employee
performance appraisals.
(b) Limitation on Cash Awards.--The United States-China
Economic and Security Review Commission shall comply with
section 4505a of title 5, United States Code, with respect to
limitations on payment of performance-based cash awards.
TITLE II
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $1,000,000, to remain available until
September 30, 2009.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act: Provided further, That
notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall
remain in effect through October 1, 2008: Provided further,
That not less than 10 percent of the aggregate loan,
guarantee, and insurance authority available to the Export-
Import Bank under this Act should be used for renewable
energy and environmentally beneficial products and services.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $68,000,000, to
remain available until September 30, 2011: 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 such sums shall remain
available until September 30, 2026, for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2008, 2009, 2010, and 2011:
Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign
operations, export financing, and related programs for tied-
aid credits or grants may be used for any other purpose
except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export-Import Bank Act
of 1945, in connection with the purchase or lease of any
product by any Eastern European country, any Baltic State or
any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, $78,000,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical
services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has
been made: Provided further, That notwithstanding subsection
(b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October
1, 2008.
RECEIPTS COLLECTED
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount
appropriated herein, shall be credited as offsetting
collections to this account: Provided, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as
to result in a final fiscal year appropriation from the
General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2008 in excess of obligations, up to
$50,000,000, shall become available October 1, 2008 and shall
remain available until September 30, 2011.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $47,500,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $23,500,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: 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 such sums shall be available for
direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2008, 2009, and 2010:
Provided further, That funds so obligated in fiscal year 2008
remain available for disbursement through 2016; funds
obligated in fiscal year 2009 remain available for
disbursement through 2017; funds obligated in fiscal year
2010 remain available for disbursement through 2018: Provided
further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification
procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$50,400,000, to remain available until September 30, 2009.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2008,
unless otherwise specified herein, as follows:
global health and child survival
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $1,843,150,000, to
remain available until September 30, 2009, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall
be made available for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral
rehydration programs; (3) other health, nutrition, water and
sanitation programs which directly address the needs of
mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other
than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio,
malaria, and other infectious diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
infected or affected by AIDS; and (6) family planning/
reproductive health: Provided further, That none of the funds
appropriated under this paragraph may be made available for
nonproject assistance, except that funds may be made
available for such assistance for ongoing health activities:
Provided further, That of the funds appropriated under this
paragraph, not to exceed $350,000, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of child survival, maternal and family
planning/reproductive health, and infectious disease
programs: Provided further, That of the funds appropriated
under this paragraph the following amounts should be
allocated as follows: $450,150,000 for child survival and
maternal health; $15,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS; $633,000,000 for other infectious
diseases, including $153,000,000 for tuberculosis control, of
which $15,000,000 shall be used for the Global TB Drug
Facility; and $395,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this paragraph, $72,500,000
should be made available for a United States contribution to
The GAVI Fund, and up to $6,000,000 may be transferred to and
merged with funds appropriated by this Act under the heading
``Operating Expenses of the United States Agency for
International Development'' for costs directly related to
global health, but funds made available for such costs may
not be derived from amounts made available for contribution
under this and preceding provisos: Provided further, That of
the funds appropriated under this paragraph, $115,000,000
shall be made available to combat avian influenza, of which
$15,000,000 shall be made available, notwithstanding any
other provision of law except
[[Page H15674]]
section 551 of Public Law 109-102, to enhance the
preparedness of militaries in Asia and Africa to respond to
an avian influenza pandemic, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior
appropriations may be made available to any organization or
program which, as determined by the President of the United
States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made no later than six months after
the date of enactment of this Act, and must be accompanied by
a comprehensive analysis as well as the complete evidence and
criteria utilized to make the determination: Provided
further, That none of the funds made available under this Act
may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person
to practice abortions: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none
of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of
family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be
construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota
of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the Administrator of the
United States Agency for International Development determines
that there has been a violation of the requirements contained
in paragraph (1), (2), (3), or (5) of this proviso, or a
pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator
shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104
of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That to the maximum
extent feasible, taking into consideration cost, timely
availability, and best health practices, funds appropriated
in this Act or prior appropriations Acts that are made
available for condom procurement shall be made available only
for the procurement of condoms manufactured in the United
States: Provided further, That information provided about the
use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health
benefits and failure rates of such use: Provided further,
That of the amount provided by this paragraph, $115,000,000
is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $4,700,000,000, to remain available until expended, and
which shall be apportioned directly to the Department of
State: Provided, That of the funds appropriated under this
paragraph, $550,000,000 shall be made available,
notwithstanding any other provision of law, except for the
United States Leadership Against HIV/AIDS, Tuberculosis and
Malaria Act of 2003 (Public Law 108-25) for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria, and shall be expended at the minimum rate
necessary to make timely payment for projects and activities:
Provided further, That up to 5 percent of the aggregate
amount of funds made available to the Global Fund in fiscal
year 2008 may be made available to the United States Agency
for International Development for technical assistance
related to the activities of the Global Fund: Provided
further, That of the funds appropriated under this paragraph,
up to $13,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for
administrative expenses of the Office of the Global AIDS
Coordinator: Provided further, That funds made available
under this heading shall be made available notwithstanding
the second sentence of section 403(a) of Public Law 108-25.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,636,881,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading
that are made available for assistance programs for displaced
and orphaned children and victims of war, not to exceed
$43,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of
such programs: Provided further, That $400,000,000 should be
allocated for basic education: Provided further, That of the
funds appropriated by this Act, not less than $245,000,000
shall be made available for microenterprise and microfinance
development programs for the poor, especially women: Provided
further, That of the funds appropriated under this heading,
not less than $28,000,000 shall be made available for
Collaborative Research Support Programs: Provided further,
That of the funds appropriated under this heading, $750,000
shall be made available to implement 7 U.S.C. section 1736g-
2(a)(2)(C) to improve food aid product quality and nutrient
delivery: Provided further, That of the funds appropriated
under this heading, not less than $22,500,000 shall be made
available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated
under this heading, $12,000,000 should be made available for
cooperative development programs within the Office of Private
and Voluntary Cooperation: Provided further, That funds
appropriated under this heading should be made available for
programs to address sexual and gender-based violence:
Provided further, That of the funds appropriated in this Act,
not less than $300,000,000 shall be made available for safe
drinking water and sanitation supply projects, including
water management related to safe drinking water and
sanitation, only to implement the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109-121), of which not
less than $125,000,000 should be made available for such
projects in Africa: Provided further, That of the funds
appropriated under this heading, not less than $15,000,000
shall be made available for programs to improve women's
leadership capacity in recipient countries, and $10,000,000
may be made available to support a fund that enhances
economic opportunities for very poor, poor, and low-income
women in developing countries.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $432,350,000, to remain available
until expended, of which $20,000,000 should be for famine
prevention and relief: Provided further, That of the amount
provided by this paragraph, $110,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$45,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
President determines that it is important to the national
interests of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees
on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000 may be derived by transfer
from funds appropriated by this Act to carry out part I of
such Act and under the heading ``Assistance for Eastern
Europe and the Baltic States'': Provided, That such funds
shall be made available only for micro and small enterprise
programs, urban programs, and other programs which further
the purposes of part I of the Act: Provided further, That
such costs, including the cost of modifying such direct and
guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That funds made
[[Page H15675]]
available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior
Acts, and funds used for such costs shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That the provisions of
section 107A(d) (relating to general provisions applicable to
the Development Credit Authority) of the Foreign Assistance
Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan
guarantees provided under this heading: Provided further,
That these funds are available to subsidize total loan
principal, any portion of which is to be guaranteed, of up to
$700,000,000.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,160,000, which may be
transferred to and merged with the appropriation for
Operating Expenses of the United States Agency for
International Development: Provided, That funds made
available under this heading shall remain available until
September 30, 2010.
operating expenses of the united states agency for international
development
(including transfer of funds)
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$655,800,000, of which up to $25,000,000 may remain available
until September 30, 2009: Provided, That none of the funds
appropriated under this heading and under the heading
``Capital Investment Fund'' may be made available to finance
the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by
the United States Agency for International Development,
unless the Administrator has identified such proposed
construction (including architect and engineering services),
purchase, or long-term lease of offices in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where the
total cost of construction (including architect and
engineering services), purchase, or long-term lease of
offices does not exceed $1,000,000: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading may entail commitments for the expenditure
of such funds through fiscal year 2009: Provided further,
That any decision to open a new overseas mission or office of
the United States Agency for International Development or,
except where there is a substantial security risk to mission
personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses of the United States Agency for
International Development'' in accordance with the provisions
of those sections: Provided further, That of the amount
provided by this paragraph, $20,800,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
capital investment fund of the united states agency for international
development
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $88,000,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available for
obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$38,000,000, to remain available until September 30, 2009,
which sum shall be available for the Office of the Inspector
General of the United States Agency for International
Development.
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$2,994,823,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not less than $415,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which
sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic
and democratic reforms which are additional to those which
were undertaken in previous fiscal years: Provided further,
That with respect to the provision of assistance for Egypt
for democracy, human rights and governance activities, the
organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the Government of Egypt: Provided further, That
of the funds appropriated under this heading for assistance
for Egypt, not less than $135,000,000 shall be made available
for project assistance, of which not less than $20,000,000
shall be made available for democracy, human rights and
governance programs and not less than $50,000,000 shall be
used for education programs, of which not less than
$10,000,000 should be made available for scholarships for
Egyptian students with high financial need to attend United
States accredited institutions of higher education in Egypt:
Provided further, That $11,000,000 of the funds appropriated
under this heading should be made available for Cyprus to be
used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That of the funds
appropriated under this heading, not less than $363,547,000
shall be made available only for assistance for Jordan:
Provided further, That of the funds appropriated under this
heading that are made available for assistance for Jordan, up
to $40,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Debt
Restructuring'' for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of reducing or
cancelling amounts owed to the United States or any agency of
the United States by the Hashemite Kingdom of Jordan:
Provided further, That of the funds appropriated under this
heading not more than $218,500,000 may be made available for
assistance for the West Bank and Gaza, of which not to exceed
$2,000,000 may be used for administrative expenses of the
United States Agency for International Development, in
addition to funds otherwise available for such purposes, to
carry out programs in the West Bank and Gaza: Provided
further, That if the President exercises the waiver authority
under section 650 of this Act, of the funds made available
under this heading for assistance to the Palestinian
Authority, not more than $100,000,000 of the funds made
available under this heading for cash transfer assistance to
the Palestinian Authority may be obligated for such
assistance until the Secretary of State certifies and reports
to the Committees on Appropriations that the Palestinian
Authority has established a single treasury account for all
Palestinian Authority financing and all financing mechanisms
flow through this account, has eliminated all parallel
financing mechanisms outside of the Palestinian Authority
treasury account, and has established a single comprehensive
civil service roster and payroll: Provided further, That none
of the funds appropriated under this heading for cash
transfer assistance to the Palestinian Authority may be
obligated for salaries of personnel of the Palestinian
Authority located in Gaza: Provided further, That none of the
funds appropriated under this heading for cash transfer
assistance to the Palestinian Authority may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas or any power-sharing government with
Hamas unless Hamas has accepted the principles contained in
section 620K(b)(1)(A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided further, That the Secretary of
State shall ensure that Federal or non-Federal audits of all
funds appropriated under this heading for cash transfer
assistance to the Palestinian Authority are conducted on at
least an annual basis to ensure compliance with this Act, and
such audit shall include a detailed accounting of all
programs, projects, and activities carried out using such
funds, including both obligations and expenditures, and that
the audit is compliant with generally accepted accounting
standards: Provided further, That funds made available under
this heading for cash transfer assistance to the Palestinian
Authority shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That $45,000,000 of the funds appropriated under
this heading shall be made available for assistance for
Lebanon, of which not less than $10,000,000 should be made
available for scholarships and direct support of American
educational institutions in Lebanon: Provided further, That
not more than $300,000,000 of the funds made available for
assistance for Afghanistan under this heading may be
obligated for such assistance until the Secretary of State
certifies to the Committees on Appropriations that the
Government of Afghanistan at both the national and provincial
level is cooperating fully with United States funded poppy
eradication and interdiction efforts in Afghanistan: Provided
further, That the President may waive the previous proviso if
he determines and reports to the Committees on Appropriations
that to do so is vital to the national security interests of
the United States: Provided further, That such report shall
include an analysis of the steps being taken by the
Government of Afghanistan, at the national and provincial
level, to cooperate fully with United States funded poppy
eradication and interdiction efforts in Afghanistan: Provided
further, That of the funds appropriated under this heading,
$196,000,000 shall be apportioned directly to the United
States Agency for International Development (USAID) for
alternative development/institution building and sustainable
development programs in Colombia and may be transferred to,
and merged with, funds appropriated under the heading
``Development Assistance'' to continue programs administered
by USAID: Provided further, That with respect to funds
apportioned to USAID for programs in Colombia under this
heading, the responsibility for policy decisions for the use
of such funds, including which activities will be funded and
the amount of funds that will be provided for each of those
activities, shall be the responsibility of the Administrator
of USAID in consultation with the Assistant Secretary of
State for International Narcotics and Law Enforcement
Affairs: Provided further, That of the funds appropriated
under this heading that are available for assistance for the
Democratic Republic of Timor-Leste, up to $1,000,000 may be
available for administrative expenses of the United States
Agency for International Development in addition to amounts
otherwise made available for such purposes: Provided further,
[[Page H15676]]
That notwithstanding any other provision of law, funds
appropriated under this heading may be made available for
programs and activities for the Central Highlands of Vietnam:
Provided further, That notwithstanding any other provision of
law, of the funds appropriated under this heading, up to
$53,000,000 may be made available for energy-related
assistance for North Korea, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading
that are made available for a Middle East Financing Facility,
Middle East Enterprise Fund, or any other similar entity in
the Middle East shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the amount provided by this paragraph,
$542,568,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
international fund for ireland
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$15,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall
be made available in accordance with the provisions of the
Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
415): Provided, That such amount shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That funds made available
under this heading shall remain available until September 30,
2009.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $295,950,000, to
remain available until September 30, 2009, which shall be
available, notwithstanding any other provision of law, for
assistance and for related programs for Eastern Europe and
the Baltic States.
(b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(c) The provisions of section 628 of this Act shall apply
to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 628 of this Act, local currencies
generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available
for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy SEED Act of 1989.
(d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General
Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and
related activities between state sponsors of terrorism and
terrorist organizations and Bosnian officials has not been
terminated.
assistance for the independent states of the former soviet union
For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $399,735,000, to remain available until September
30, 2009: Provided, That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided
further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of
law, for confidence-building measures and other activities in
furtherance of the peaceful resolution of regional conflicts,
especially those in the vicinity of Abkhazia and Nagorno-
Karabagh: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, that are
made available pursuant to the provisions of section 807 of
Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses.
Independent Agencies
Inter-American Foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$21,000,000, to remain available until September 30, 2009.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980, Public Law 96-533, $30,000,000, to remain available
until September 30, 2009: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of
the African Development Foundation Act, (1) in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project and (2) a project may exceed the
limitation by up to $10,000 if the increase is due solely to
foreign currency fluctuation: Provided further, That the
Foundation shall provide a report to the Committees on
Appropriations after each time such waiver authority is
exercised.
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not
to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States, $333,500,000,
to remain available until September 30, 2009: Provided, That
none of the funds appropriated under this heading shall be
used to pay for abortions: Provided further, That the
Director may transfer to the Foreign Currency Fluctuations
Account, as authorized by 22 U.S.C. 2515, an amount not to
exceed $2,000,000: Provided further, That funds transferred
pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations.
Millennium Challenge Corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $1,557,000,000, to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $88,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation: Provided further, That up to 10
percent of the funds appropriated under this heading may be
made available to carry out the purposes of section 616 of
the Millennium Challenge Act of 2003 for candidate countries
for fiscal year 2008: Provided further, That none of the
funds available to carry out section 616 of such Act may be
made available until the Chief Executive Officer of the
Millennium Challenge Corporation provides a report to the
Committees on Appropriations listing the candidate countries
that will be receiving assistance under section 616 of such
Act, the level of assistance proposed for each such country,
a description of the proposed programs, projects and
activities, and the implementing agency or agencies of the
United States Government: Provided further, That section
605(e)(4) of the Millennium Challenge Act of 2003 shall apply
to funds appropriated under this heading: Provided further,
That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of
2003 only if such Compact obligates, or contains a commitment
to obligate subject to the availability of funds and the
mutual agreement of the parties to the Compact to proceed,
the entire amount of the United States Government funding
anticipated for the duration of the Compact.
Department of State
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the promotion of
democracy globally, $164,000,000, of which the following
amounts shall be made available, subject to the regular
notification procedures of the Committees on Appropriations,
until September 30, 2010--
(1) $64,000,000 for the Human Rights and Democracy Fund of
the Bureau of Democracy, Human Rights and Labor, Department
of State, of which $15,000,000 shall be for democracy and
rule of law programs in the People's Republic of China, Hong
Kong, and Taiwan: Provided, That assistance for Taiwan should
be matched from sources other than the United States
Government: Provided further, That $5,000,000 shall be made
available for programs and activities for the promotion of
democracy in countries located outside the Middle East region
with a significant Muslim population, and where such programs
and activities would be important to United States efforts to
respond to, deter, or prevent acts of international
terrorism: Provided further, That funds used for such
purposes should support new initiatives and activities in
those countries: Provided further, That $15,000,000 shall be
made available for an internet freedom initiative to expand
access and information in closed societies, including in the
Middle East and Asia: Provided further, That the Department
of State shall consult with the Committees on Appropriations
prior to the initial obligation of funds made available
pursuant to the previous proviso; and
(2) $100,000,000 for the National Endowment for Democracy:
Provided, That of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Eastern Europe and the Baltic
States'', and ``Assistance for the Independent States of the
Former Soviet Union'', an additional $11,000,000 should be
made available to support the ongoing programs and activities
of the National Endowment for Democracy.
(b) Funds appropriated by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of law and, with regard
to the National Endowment for Democracy, any regulation.
Funds appropriated under this heading are in addition to
funds otherwise available for such purposes.
(c) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the
rule of law, and otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states, institutions, and practices
that are responsive and accountable to citizens.
(d) Any contract, grant or cooperative agreement (or any
amendment to any contract, grant, or cooperative agreement)
in excess of $2,500,000 for the promotion of democracy under
this Act shall be subject to the regular notification
procedures of the Committees on Appropriations.
[[Page H15677]]
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $558,449,000, to remain
available until September 30, 2010: Provided, That during
fiscal year 2008, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of
1961, without regard to its restrictions, to receive excess
property from an agency of the United States Government for
the purpose of providing it to a foreign country under
chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall provide
to the Committees on Appropriations not later than 45 days
after the date of the enactment of this Act and prior to the
initial obligation of funds appropriated under this heading,
a report on the proposed uses of all funds under this heading
on a country-by-country basis for each proposed program,
project, or activity: Provided further, That none of the
funds provided under this heading for counter narcotics
activities in Afghanistan shall be made available for
eradication programs through the aerial spraying of
herbicides: Provided further, That of the funds appropriated
under this heading, not less than $39,750,000 shall be made
available for judicial, human rights, rule of law and related
activities for Colombia, of which not less than $20,000,000
shall be made available for the Office of the Attorney
General, of which $5,000,000 shall be for the Human Rights
Unit, $5,000,000 shall be for the Justice and Peace Unit,
$7,000,000 shall be used to support a witness protection
program for victims of armed groups, and $3,000,000 shall be
for investigations of mass graves and identification of
remains: Provided further, That of the funds appropriated
under this heading that are available for assistance for
Colombia, $8,000,000 shall be available for human rights
activities, $5,500,000 shall be available for judicial
reform, $3,000,000 shall be for the Office of the
Procuraduria General de la Nacion, $2,000,000 shall be for
the Office of the Defensoria del Pueblo, and $750,000 should
be made available for a United States contribution to the
Office of the United Nations High Commissioner for Human
Rights in Colombia to support monitoring and public reporting
of human rights conditions in the field: Provided further,
That of the funds appropriated under this heading, not more
than $38,000,000 may be available for administrative
expenses.
andean counterdrug programs
(including transfer of funds)
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America,
$327,460,000, to remain available until September 30, 2010:
Provided, That the Secretary of State, in consultation with
the Administrator of the United States Agency for
International Development, shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the
proposed uses of all funds under this heading on a country-
by-country basis for each proposed program, project, or
activity: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this
heading that is made available notwithstanding section 482(b)
of the Foreign Assistance Act of 1961 shall be made available
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
made available to the Department of State for assistance to
the Government of Colombia in this Act may be used to support
a unified campaign against narcotics trafficking and
organizations designated as Foreign Terrorist Organizations,
and to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue
operations: Provided further, That this authority shall cease
to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting
vigorous operations to restore government authority and
respect for human rights in areas under the effective control
of paramilitary organizations, illegal self-defense groups,
illegal security cooperatives, or other criminal, guerrilla
or successor armed groups or organizations: Provided further,
That the President shall ensure that if any helicopter
procured with funds in this Act or prior Acts making
appropriations for foreign operations, export financing, and
related programs, is used to aid or abet the operations of
any illegal self-defense group, paramilitary organization,
illegal security cooperative or successor organizations in
Colombia, such helicopter shall be immediately returned to
the United States: Provided further, That no United States
Armed Forces personnel or United States civilian contractor
employed by the United States will participate in any combat
operation in connection with assistance made available by
this Act for Colombia: Provided further, That rotary and
fixed wing aircraft supported with funds appropriated under
this heading for assistance for Colombia may be used for
aerial or manual drug eradication and interdiction including
to transport personnel and supplies and to provide security
for such operations, and to provide transport in support of
alternative development programs and investigations of cases
under the jurisdiction of the Attorney General, the
Procuraduria General de la Nacion, and the Defensoria del
Pueblo: Provided further, That of the funds appropriated
under this heading that are available for Colombia, up to
$2,500,000 shall be transferred to, and merged with, funds
appropriated under the heading ``Foreign Military Financing
Program'' and shall be made available only for assistance for
the Colombian Armed Forces to provide security for manual
eradication programs and up to $2,500,000 shall be
transferred to, and merged with, funds appropriated under the
heading ``International Narcotics Control and Law
Enforcement'' and shall be made available only for assistance
for the Colombian National Police to provide security for
manual eradication programs: Provided further, That of the
funds available for the Colombian national police for the
procurement of chemicals for aerial coca and poppy
eradication programs, not more than 20 percent of such funds
may be made available for such eradication programs unless
the Secretary of State certifies to the Committees on
Appropriations that: (1) the herbicide is being used in
accordance with EPA label requirements for comparable use in
the United States and with Colombian laws; and (2) the
herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the
environment including endemic species: Provided further, That
such funds may not be made available unless the Secretary of
State certifies to the Committees on Appropriations that
complaints of harm to health or licit crops caused by such
aerial eradication are thoroughly evaluated and fair
compensation is being paid in a timely manner for meritorious
claims: Provided further, That the Secretary shall submit a
report to the Committees on Appropriations detailing all
claims, evaluations, and compensation paid during the twelve
month period prior to the date of enactment of this Act:
Provided further, That such funds may not be made available
for such purposes unless programs are being implemented by
United States Agency for International Development, the
Government of Colombia, or other organizations, in
consultation and coordination with local communities, to
provide alternative sources of income in areas where security
permits for small-acreage growers and communities whose
illicit crops are targeted for aerial eradication: Provided
further, That none of the funds appropriated by this Act
shall be made available for the cultivation or processing of
African oil palm, if doing so would contribute to significant
loss of native species, disrupt or contaminate natural water
sources, reduce local food security, or cause the forced
displacement of local people: Provided further, That funds
appropriated by this Act may be used for aerial eradication
in Colombia's national parks or reserves only if the
Secretary of State certifies to the Committees on
Appropriations on a case-by-case basis that there are no
effective alternatives and the eradication is conducted in
accordance with Colombian laws: Provided further, That funds
appropriated under this heading that are made available for
assistance for the Bolivian military and police may be made
available for such purposes only if the Secretary of State
certifies to the Committees on Appropriations that the
Bolivian military and police are respecting human rights and
cooperating fully with investigations and prosecutions by
civilian judicial authorities of military and police
personnel who have been implicated in gross violations of
human rights: Provided further, That of the funds
appropriated under this heading, not more than $17,000,000
may be available for administrative expenses of the
Department of State, and not more than $7,800,000 may be
available, in addition to amounts otherwise available for
such purposes, for administrative expenses of the United
States Agency for International Development.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code,
$1,029,900,000, to remain available until expended: Provided,
That not more than $23,000,000 may be available for
administrative expenses: Provided further, That not less than
$40,000,000 of the funds made available under this heading
shall be made available for refugees resettling in Israel:
Provided further, That funds made available under this
heading shall be made available for assistance for refugees
from North Korea: Provided further, That of the amount
provided by this paragraph, $200,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $45,000,000, to remain
available until expended.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$487,000,000, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and
related activities, notwithstanding any other provision of
law, including activities implemented
[[Page H15678]]
through nongovernmental and international organizations, and
section 301 of the Foreign Assistance Act of 1961 for a
voluntary contribution to the International Atomic Energy
Agency (IAEA), and for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
Provided, That of this amount not to exceed $34,000,000, to
remain available until expended, may be made available for
the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation and
disarmament: Provided further, That such funds may also be
used for such countries other than the Independent States of
the former Soviet Union and international organizations when
it is in the national security interest of the United States
to do so: Provided further, That of the funds appropriated
under this heading, not less than $26,000,000 shall be made
available for the Biosecurity Engagement Program: Provided
further, That funds appropriated under this heading may be
made available for the International Atomic Energy Agency
only if the Secretary of State determines (and so reports to
the Congress) that Israel is not being denied its right to
participate in the activities of that Agency: Provided
further, That of the funds made available for demining and
related activities, not to exceed $700,000, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and
management of the demining program: Provided further, That
funds appropriated under this heading that are available for
``Anti-terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2009.
Department of the Treasury
International Affairs Technical Assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$20,400,000, to remain available until September 30, 2010,
which shall be available notwithstanding any other provision
of law.
Debt Restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V
of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed
countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, of concessional loans, guarantees and credit
agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees
made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $30,300,000, to remain
available until September 30, 2010: Provided, That not less
than $20,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part V
of the Foreign Assistance Act of 1961: Provided further, That
amounts paid to the HIPC Trust Fund may be used only to fund
debt reduction under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the government of such
country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to
develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end:
Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary
of the Treasury shall inform the Committees on Appropriations
not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions:
Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC
Trust Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically
elected government has taken office.
TITLE IV
MILITARY ASSISTANCE
Funds Appropriated to the President
International Military Education and Training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$85,877,000, of which up to $3,000,000 may remain available
until expended: Provided, That funds appropriated under this
heading shall not be available for Equatorial Guinea:
Provided further, That the civilian personnel for whom
military education and training may be provided under this
heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That funds
appropriated under this heading that are made available for
assistance for Angola, Cameroon, Central African Republic,
Chad, Cote d'Ivoire, Guinea, Libya, and Nepal may be made
available only for expanded international military education
and training: Provided further, That funds made available
under this heading in the second proviso and for assistance
for Haiti, Guatemala, the Democratic Republic of the Congo,
Sri Lanka, Ethiopia, Bangladesh, Libya, Angola, and Nigeria
may only be provided through the regular notification
procedures of the Committees on Appropriations and any such
notification shall include a detailed description of proposed
activities.
Foreign Military Financing Program
(including transfer of funds)
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,588,325,000: Provided, That of the funds
appropriated under this heading, not less than $2,400,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only
for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days
of the enactment of this Act: Provided further, That to the
extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel by
this paragraph shall, as agreed by Israel and the United
States, be available for advanced weapons systems, of which
not less than $631,200,000 shall be available for the
procurement in Israel of defense articles and defense
services, including research and development: Provided
further, That of the funds appropriated by this paragraph,
$300,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated
under this heading, not more than $53,000,000 shall be
available for Colombia, of which $5,000,000 should be made
available for medical and rehabilitation assistance, removal
of landmines, and to enhance communications capabilities:
Provided further, That of the funds appropriated under this
heading, $3,655,000 may be made available for assistance for
Morocco, and an additional $1,000,000 may be made available
if the Secretary of State certifies to the Committees on
Appropriations that the Government of Morocco is continuing
to make progress on human rights, and is allowing all persons
to advocate freely their views regarding the status and
future of the Western Sahara through the exercise of their
rights to peaceful expression, association and assembly and
to document violations of human rights in that territory
without harassment: Provided further, That funds appropriated
or otherwise made available by this paragraph shall be
nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds
made available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title
31, United States Code, section 1501(a): Provided further,
That $4,000,000 of the funds appropriated under this heading
shall be transferred to and merged with funds appropriated
under the heading ``Diplomatic and Consular Programs'' to be
made available to the Bureau of Democracy, Human Rights and
Labor, Department of State, to ensure adequate monitoring of
the uses of assistance made available under this heading in
countries where such monitoring is most needed, in addition
to amounts otherwise available for such purposes.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 615 of this Act: Provided
further, That none of the funds appropriated under this
heading shall be available for assistance for Sudan: Provided
further, That none of the funds appropriated under this
heading may be made available for assistance for Haiti,
Guatemala, Nepal, Sri Lanka, Pakistan, Bangladesh,
Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and
Democratic Republic of the Congo except pursuant to the
regular
[[Page H15679]]
notification procedures of the Committees on Appropriations:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services or design and construction
services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at
the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$41,900,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase
of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of
administering military assistance and sales: Provided
further, That not more than $395,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control
Act may be obligated for expenses incurred by the Department
of Defense during fiscal year 2008 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation
may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided
further, That foreign military financing program funds
estimated to be outlayed for Egypt during fiscal year 2008
shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of
enactment of this Act: Provided further, That of the amount
provided by this paragraph, $100,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$263,230,000: Provided, That of the funds made available
under this heading, not less than $25,000,000 shall be made
available for a United States contribution to the
Multinational Force and Observers mission in the Sinai:
Provided further, That none of the funds appropriated under
this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
amount provided by this paragraph, $35,000,000 is designated
as described in section 5 (in the matter preceding division A
of this consolidated Act).
TITLE V
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
International Financial Institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $81,763,000 to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $950,000,000, to remain
available until expended.
Contribution to the Enterprise for the Americas Multilateral Investment
Fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to
remain available until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended, $75,153,000, to remain available until
expended.
Contribution to the African Development Bank
For payment to the African Development Bank by the
Secretary of the Treasury, $2,037,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $31,918,770.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $135,684,000, to remain available until
expended.
Contribution to the European Bank for Reconstruction and Development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $10,159 for the
United States share of the paid-in portion of the increase in
capital stock, to remain available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $18,072,000, to remain
available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $319,485,000.
TITLE VI
GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 601. (a) No funds appropriated in titles II through V
of this Act may be made as payment to any international
financial institution while the United States Executive
Director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such Director receives from the United States,
is in excess of the rate provided for an individual occupying
a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any
alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
restriction on contributions to the united nations
Sec. 602. None of the funds appropriated or otherwise made
available under any title of this Act may be made available
to make any assessed contribution or voluntary payment of the
United States to the United Nations if the United Nations
implements or imposes any taxation on any United States
persons.
limitation on residence expenses
Sec. 603. Of the funds appropriated or made available
pursuant to title III of this Act, not to exceed $100,500
shall be for official residence expenses of the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of
dollars.
unobligated balances report
Sec. 604. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly
accounting of cumulative balances by program, project, and
activity of the funds received by such Department or Agency
in this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
limitation on representational allowances
Sec. 605. Of the funds appropriated or made available
pursuant to titles II through V of this Act, not to exceed
$250,000 shall be available for representation and
entertainment allowances, of which not to exceed $4,000 shall
be available for entertainment allowances, for the United
States Agency for International Development during the
current fiscal year: Provided, That no such entertainment
funds may be used for the purposes listed in section 648 of
this Act: Provided further, That appropriate steps shall be
taken to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of
dollars: Provided further, That of the funds made available
by this Act for general costs of administering military
assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $4,000 shall be available
for entertainment expenses and not to exceed $130,000 shall
be available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ``International Military Education and Training'',
not to exceed $55,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $3,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $4,000 shall be available for
representation and entertainment allowances: Provided
further, That of the funds made available by this Act under
the heading ``Millennium Challenge Corporation'', not to
exceed $115,000 shall be available for representation and
entertainment allowances.
prohibition on taxation of united states assistance
Sec. 606. (a) Prohibition on Taxation.--None of the funds
appropriated under titles II through V of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2008 on funds
[[Page H15680]]
appropriated by this Act by a foreign government or entity
against commodities financed under United States assistance
programs for which funds are appropriated by this Act, either
directly or through grantees, contractors and subcontractors
shall be withheld from obligation from funds appropriated for
assistance for fiscal year 2009 and allocated for the central
government of such country and for the West Bank and Gaza
Program to the extent that the Secretary of State certifies
and reports in writing to the Committees on Appropriations
that such taxes have not been reimbursed to the Government of
the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not
assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States assistance or
which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the policy of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to
any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities
financed with United States assistance for programs for which
funds are appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.
prohibition against direct funding for certain countries
Sec. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
North Korea, Iran, or Syria: Provided, That for purposes of
this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
military coups
Sec. 608. None of the funds appropriated or otherwise made
available pursuant to titles II through V of this Act shall
be obligated or expended to finance directly any assistance
to the government of any country whose duly elected head of
government is deposed by military coup or decree: Provided,
That assistance may be resumed to such government if the
President determines and certifies to the Committees on
Appropriations that subsequent to the termination of
assistance a democratically elected government has taken
office: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elections
or public participation in democratic processes: Provided
further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification
procedures of the Committees on Appropriations.
transfer authority
Sec. 609. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors
under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided further, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 615 (a) and (b) of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2008, for programs
under title II of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c)(1) Limitation on Transfers Between Agencies.--None of
the funds made available under titles II through V of this
Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of 1961.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were
not appropriated, except for transfers specifically provided
for in this Act, unless the President provides notification
in accordance with the regular notification procedures of the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of
the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of
the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program
and financial audits of the use of such funds: Provided, That
funds transferred under such authority may be made available
for the cost of such audits.
commercial leasing of defense articles
Sec. 610. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
availability of funds
Sec. 611. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
the Foreign Assistance Act of 1961, section 23 of the Arms
Export Control Act, and funds provided under the headings
``Assistance for Eastern Europe and the Baltic States'' and
``Development Credit Authority'', shall remain available for
an additional 4 years from the date on which the availability
of such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended.
limitation on assistance to countries in default
Sec. 612. No part of any appropriation provided under
titles II through V in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of one calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultations with the Committees on Appropriations, that
assistance to such country is in the national interest of the
United States.
commerce and trade
Sec. 613. (a) None of the funds appropriated or made
available pursuant to titles II through V of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in
the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to
outweigh the injury to United States producers of the same,
similar, or competing commodity, and the Chairman of the
Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I
[[Page H15681]]
of the Foreign Assistance Act of 1961 shall be available for
any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity
for export which would compete with a similar commodity grown
or produced in the United States: Provided, That this
subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 614. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to titles II
through V of this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on
world markets and if the assistance will cause substantial
injury to United States producers of the same, similar, or
competing commodity.
reprogramming notification requirements
Sec. 615. (a) None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies
and departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2008, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or
other offsetting collections, or made available by transfer,
to the agencies and departments funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) closes or opens a mission or
post; (6) reorganizes or renames offices; (7) reorganizes
programs or activities; or (8) contracts out or privatizes
any functions or activities presently performed by Federal
employees; unless the Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under
previous appropriations Acts to the agencies or department
funded under title I of this Act that remain available for
obligation or expenditure in fiscal year 2008, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
or department funded by title I of this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $750,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel,
which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through V of this Act for
``Global Health and Child Survival'', ``Development
Assistance'', ``International Organizations and Programs'',
``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug
Programs'', ``Assistance for Eastern Europe and the Baltic
States'', ``Assistance for the Independent States of the
Former Soviet Union'', ``Economic Support Fund'', ``Democracy
Fund'', ``Peacekeeping Operations'', ``Capital Investment
Fund'', ``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Millennium Challenge
Corporation'' (by country only), ``Foreign Military Financing
Program'', ``International Military Education and Training'',
``Peace Corps'', and ``Migration and Refugee Assistance'',
shall be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on
Appropriations of both Houses of Congress are previously
notified 15 days in advance: Provided, That the President
shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for
the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of
the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That this subsection shall not
apply to any reprogramming for an activity, program, or
project for which funds are appropriated under titles III or
IV of this Act of less than 10 percent of the amount
previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year.
(d) The requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
limitation on availability of funds for international organizations and
programs
Sec. 616. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
titles II through V of this Act or any previously enacted Act
making appropriations for foreign operations, export
financing, and related programs, which are returned or not
made available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance
Act of 1961, shall remain available for obligation until
September 30, 2009: Provided, That section 307(a) of the
Foreign Assistance Act of 1961 is amended by striking
``Libya,''.
independent states of the former soviet union
Sec. 617. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
(e)(1) Of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' that are allocated for assistance for the Government
of the Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation--
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
prohibition on funding for abortions and involuntary sterilization
Sec. 618. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the
[[Page H15682]]
performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method of
family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for
any biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or
expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions
related to abortions and involuntary sterilizations.
allocations
Sec. 619. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries
in the amounts contained in the respective tables included in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act)
accompanying this Act:
``Educational and Cultural Exchange Programs''.
``American Sections, International Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former
Soviet Union''.
``Democracy Fund''.
``International Narcotics Control and Law Enforcement''.
``Andean Counterdrug Programs''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) shall be subject to the regular
notification procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961.
special notification requirements
Sec. 620. None of the funds appropriated under titles II
through V of this Act shall be obligated or expended for
assistance for Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran,
Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia except as
provided through the regular notification procedures of the
Committees on Appropriations.
definition of program, project, and activity
Sec. 621. For the purpose of titles II through V of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the
United States Agency for International Development ``program,
project, and activity'' shall also be considered to include
central, country, regional, and program level funding, either
as: (1) justified to the Congress; or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
global health and child survival activities
Sec. 622. Up to $13,500,000 of the funds made available by
this Act in title III for assistance under the heading
``Global Health and Child Survival'', may be used to
reimburse United States Government agencies, agencies of
State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of
individuals (including for the personal services of such
individuals) detailed or assigned to, or contracted by, as
the case may be, the United States Agency for International
Development for the purpose of carrying out activities under
that heading: Provided, That up to $3,500,000 of the funds
made available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such
agencies, institutions, and organizations for such costs of
such individuals carrying out other development assistance
activities: Provided further, That funds appropriated by
titles III and IV of this Act that are made available for
bilateral assistance for child survival activities or disease
programs including activities relating to research on, and
the prevention, treatment and control of, HIV/AIDS may be
made available notwithstanding any other provision of law
except for the provisions under the heading ``Global Health
and Child Survival'' and the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat.
711; 22 U.S.C. 7601 et seq.), as amended: Provided further,
That of the funds appropriated under title III of this Act,
not less than $461,000,000 shall be made available for family
planning/reproductive health.
afghanistan
Sec. 623. Of the funds appropriated under titles III and IV
of this Act, not less than $1,057,050,000 should be made
available for assistance for Afghanistan: Provided, That of
the funds made available pursuant to this section, $3,000,000
should be made available for reforestation activities:
Provided further, That funds made available pursuant to the
previous proviso should be matched, to the maximum extent
possible, with contributions from American and Afghan
businesses: Provided further, That of the funds allocated for
assistance for Afghanistan from this Act not less than
$75,000,000 shall be made available to support programs that
directly address the needs of Afghan women and girls,
including for the Afghan Independent Human Rights Commission,
the Afghan Ministry of Women's Affairs, and for women-led
nonprofit organizations in Afghanistan: Provided further,
That of the funds appropriated by this Act that are available
for Afghanistan, $20,000,000 should be made available through
United States universities to develop agriculture extension
services for Afghan farmers, $2,000,000 should be made
available for a United States contribution to the North
Atlantic Treaty Organization/International Security
Assistance Force Post-Operations Humanitarian Relief Fund,
and not less than $10,000,000 should be made available for
continued support of the United States Agency for
International Development's Afghan Civilian Assistance
Program.
notification on excess defense equipment
Sec. 624. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees if such defense articles are significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
global fund management
Sec. 625. (a) Notwithstanding any other provision of this
Act, 20 percent of the funds that are appropriated by this
Act for a contribution to support the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the
Secretary of State certifies to the Committees on
Appropriations that the Global Fund--
(1) is releasing incremental disbursements only if grantees
demonstrate progress against clearly defined performance
indicators;
(2) is providing support and oversight to country-level
entities, such as country coordinating mechanisms, principal
recipients, and Local Fund Agents (LFAs), to enable them to
fulfill their mandates;
(3) has a full-time, professional, independent Office of
Inspector General that is fully operational;
(4) requires LFAs to assess whether a principal recipient
has the capacity to oversee the activities of sub-recipients;
(5) is making progress toward implementing a reporting
system that breaks down grantee budget allocations by
programmatic activity;
(6) has adopted and is implementing a policy to publish on
a publicly available website the reports of the Global Fund's
Inspector General in a manner that is consistent with the
Policy for Disclosure of Reports of the Inspector General as
approved at the 16th Meeting of the Board of the Global Fund
to Fight AIDS, Tuberculosis and Malaria; and
(7) is tracking and encouraging the involvement of civil
society, including faith-based organizations, in country
coordinating mechanisms and program implementation.
(b) The Secretary of State shall submit a report to the
Committees on Appropriations not later than 120 days after
enactment of this Act on the involvement of faith-based
organizations in Global Fund programs. The report shall
include--
(1) on a country-by-country basis--
(A) a description of the amount of grants and sub-grants
provided to faith-based organizations; and
(B) a detailed description of the involvement of faith-
based organizations in the Country Coordinating Mechanism
(CCM) process of the Global Fund; and
(2) a description of actions the Global Fund is taking to
enhance the involvement of faith-based organizations in the
CCM process, particularly in countries in which the
involvement of faith-based organizations has been
underrepresented.
prohibition on bilateral assistance to terrorist countries
Sec. 626. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver
[[Page H15683]]
takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
debt-for-development
Sec. 627. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
separate accounts
Sec. 628. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States
Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps
to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of
that country and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on
an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements of the
United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to
be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
enterprise fund restrictions
Sec. 629. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available under titles II through V of this
Act for Enterprise Funds shall be expended at the minimum
rate necessary to make timely payment for projects and
activities.
financial market assistance
Sec. 630. Of the funds appropriated by this Act under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made
available for building capital markets and financial systems
in countries eligible to receive United States assistance.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 631. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
impact on jobs in the united states
Sec. 632. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to
provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.
COMPREHENSIVE EXPENDITURES REPORT
Sec. 633. Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
total amount of United States Government expenditures in
fiscal years 2005 and 2006, by Federal agency, for programs
and activities in each foreign country, identifying the line
item as presented in the President's Budget Appendix and the
purpose for which the funds were provided: Provided, That if
required, information may be submitted in classified form.
special authorities
Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated under titles II through V of
this Act that are made available for assistance for
Afghanistan may be made available notwithstanding section 612
of this Act or any similar provision of law and section 660
of the Foreign Assistance Act of 1961, and funds appropriated
in titles II and III of this Act that are made available for
Iraq, Lebanon, Montenegro, Pakistan, and for victims of war,
displaced children, and displaced Burmese, and to assist
victims of trafficking in persons and, subject to the regular
notification procedures of the Committees on Appropriations,
to combat such trafficking, may be made available
notwithstanding any other provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose
of supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse
gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the United States
Agency for International Development to employ up to 25
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be
assigned to any bureau or office: Provided further, That such
funds appropriated to carry out title II of the Agricultural
Trade Development and Assistance Act of 1954, may be made
available only for personal services contractors assigned to
the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204
[[Page H15684]]
if the President determines and certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that it is important to the national
security interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development
may provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 118 Stat. 3038) is amended by striking ``2007'' and
inserting ``2009''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(h) China Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading
``Development Assistance'' in this Act, not less than
$10,000,000 shall be made available to United States
educational institutions and nongovernmental organizations
for programs and activities in the People's Republic of China
relating to the environment, democracy, and the rule of law:
Provided, That funds made available pursuant to this
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(i) Middle East Foundation.--Funds appropriated by this Act
and prior Acts for a Middle East Foundation shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(j) Extension of Authority.--Section 1365(c) of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 22 U.S.C. 2778 note) is amended by
striking ``During the 16 year period beginning on October 23,
1992'' and inserting ``During the 22 year period beginning on
October 23, 1992'' before the period at the end.
(k) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2007'' and
inserting ``2007, and 2008''; and
(B) in subsection (e), by striking ``2007'' each place it
appears and inserting ``2008''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2007'' and inserting ``2008''.
(l) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made
available as a general contribution to the World Food
Program, notwithstanding any other provision of law.
(m) Capital Security Cost-Sharing.--Notwithstanding any
other provision of law, of the funds appropriated under the
heading ``Embassy Security, Construction, and Maintenance'',
not less than $2,000,000 shall be made available for the
Capital Security Cost-Sharing fees of the Library of
Congress.
(n) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive Order, funds appropriated by this Act and prior
Acts making appropriations for foreign operations, export
financing, and related programs under the headings ``Economic
Support Fund'', ``Peacekeeping Operations'', ``International
Disaster Assistance'', and ``Transition Initiatives'' should
be made available to support programs to disarm, demobilize,
and reintegrate into civilian society former members of
foreign terrorist organizations: Provided, That the Secretary
of State shall consult with the Committees on Appropriations
prior to the obligation of funds pursuant to this subsection:
Provided further, That for the purposes of this subsection,
``International Disaster Assistance'' may also mean
``International Disaster and Famine Assistance'': Provided
further, That for the purposes of this subsection the term
``foreign terrorist organization'' means an organization
designated as a terrorist organization under section 219 of
the Immigration and Nationality Act.
(o) Nongovernmental Organizations.--With respect to the
provision of assistance for democracy, human rights and
governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall
not be subject to the prior approval by the government of any
foreign country.
(p) Prison Conditions.--Funds appropriated by this Act to
carry out the provisions of chapters 1 and 11 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961,
and the Support for East European Democracy (SEED) Act of
1989, may be used to provide assistance to improve conditions
in prison facilities administered by foreign governments,
including among other things, activities to improve prison
sanitation and ensure the availability of adequate food,
drinking water and medical care for prisoners: Provided, That
assistance made available under this subsection may be made
available notwithstanding section 660 of the Foreign
Assistance Act of 1961, and subject to the regular
notification procedures of the Committees on Appropriations.
(q) Program for Research and Training on Eastern Europe and
the Independent States of the Former Soviet Union.--Of the
funds appropriated by this Act under the heading, ``Economic
Support Fund'', not less than $5,000,000 shall be made
available to carry out the Program for Research and Training
on Eastern Europe and the Independent States of the Former
Soviet Union (title VIII) as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501-
4508, as amended).
(r) Broadcasting Board of Governors Authority.--Section
504(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 6206 note) is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2008''.
(s) Transatlantic Legislators' Dialogue Authority.--Section
109(c) of Public Law 98-164 is amended by striking
``$50,000'' and inserting ``$100,000''.
(t) OPIC Authority.--Notwithstanding section 235(a)(2) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)),
the authority of subsections (a) through (c) of section 234
of such Act shall remain in effect through April 1, 2008.
arab league boycott of israel
Sec. 635. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
eligibility for assistance
Sec. 636. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained under titles II
through V of this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from
funds appropriated by this Act to carry out the provisions of
chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States'': Provided, That before using
the authority of this subsection to furnish assistance in
support of programs of nongovernmental organizations, the
President shall notify the Committees on Appropriations under
the regular notification procedures of those committees,
including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2008, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
reservations of funds
Sec. 637. (a) Funds appropriated under titles II through V
of this Act which are specifically designated may be
reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the
designation is made impossible by operation of any provision
of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the United
States Agency for International Development that are
specifically designated for particular programs or activities
by this or any other Act shall be extended for an
[[Page H15685]]
additional fiscal year if the Administrator of such agency
determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it
unlikely that such designated funds can be obligated during
the original period of availability: Provided, That such
designated funds that are continued available for an
additional fiscal year shall be obligated only for the
purpose of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs.
Specifically designated funding levels or minimum funding
requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
ASIA
Sec. 638. (a) Funding Levels.--Of the funds appropriated by
this Act under the headings ``Global Health and Child
Survival'' and ``Development Assistance'', not less than the
amount of funds initially allocated for each such account
pursuant to subsection 653(a) of the Foreign Assistance Act
of 1961 for fiscal year 2007 shall be made available for
Cambodia, Philippines, Vietnam, Asia and Near East Regional,
and Regional Development Mission/Asia: Provided, That for the
purposes of this subsection, ``Global Health and Child
Survival'' shall mean ``Child Survival and Health Programs
Fund''.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct the United
States executive director to each appropriate international
financial institution in which the United States
participates, to oppose and vote against the extension by
such institution any loan or financial or technical
assistance or any other utilization of funds of the
respective bank to and for Burma.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $13,000,000 shall be
made available to support democracy activities in Burma,
along the Burma-Thailand border, for activities of Burmese
student groups and other organizations located outside Burma,
and for the purpose of supporting the provision of
humanitarian assistance to displaced Burmese along Burma's
borders: Provided, That such funds may be made available
notwithstanding any other provision of law: Provided further,
That in addition to assistance for Burmese refugees provided
under the heading ``Migration and Refugee Assistance'' in
this Act, not less than $3,000,000 shall be made available
for community-based organizations operating in Thailand to
provide food, medical and other humanitarian assistance to
internally displaced persons in eastern Burma: Provided
further, That funds made available under this paragraph shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(c) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director to each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership
of Tibetan land and natural resources to non-Tibetans; are
based on a thorough needs-assessment; foster self-sufficiency
of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $5,000,000 of the funds appropriated by this Act under
the heading ``Economic Support Fund'' should be made
available to nongovernmental organizations to support
activities which preserve cultural traditions and promote
sustainable development and environmental conservation in
Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China, and not less than
$250,000 should be made available to the National Endowment
for Democracy for human rights and democracy programs
relating to Tibet.
prohibition on publicity or propaganda
Sec. 639. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
prohibition of payments to united nations members
Sec. 640. None of the funds appropriated or made available
pursuant to titles II through V of this Act for carrying out
the Foreign Assistance Act of 1961, may be used to pay in
whole or in part any assessments, arrearages, or dues of any
member of the United Nations or, from funds appropriated by
this Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961, the costs for participation of
another country's delegation at international conferences
held under the auspices of multilateral or international
organizations.
requests for documents
Sec. 641. None of the funds appropriated or made available
pursuant to titles II through V of this Act shall be
available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 642. (a) None of the funds appropriated or otherwise
made available by titles II through V of this Act may be
available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined is a terrorist government
for purposes of section 6(j) of the Export Administration Act
of 1979. The prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This
section applies with respect to lethal military equipment
provided under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the President makes a determination pursuant
to subsection (b), the President shall submit to the
appropriate congressional committees a report with respect to
the furnishing of such assistance. Any such report shall
include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
withholding of assistance for parking fines and real property taxes
owed by foreign countries
Sec. 643. (a) Subject to subsection (c), of the funds
appropriated under titles II through V by this Act that are
made available for assistance for a foreign country, an
amount equal to 110 percent of the total amount of the unpaid
fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country
shall be withheld from obligation for assistance for the
central government of such country until the Secretary of
State submits a certification to the Committees on
Appropriations stating that such parking fines and penalties
and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to
the regular notification procedures of the Committees on
Appropriations, provided that no such funds shall be made
available for assistance for the central government of a
foreign country that has not paid the total amount of the
fully adjudicated parking fines and penalties and unpaid
property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment
of this Act, or at any time with respect to a particular
country, if the Secretary determines that it is in the
national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of
State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations
describing a strategy, including a timetable and steps
currently being taken, to collect the parking fines and
penalties and unpaid property taxes and interest owed by
nations receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes circumstances
in which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation summons;
or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge to the
summons has lapsed.
(2) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2007.
(3) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State or
subdivision thereof.
limitation on assistance for the plo for the west bank and gaza
Sec. 644. None of the funds appropriated under titles II
through V of this Act may be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza
unless the President has exercised the authority under
section 604(a) of the Middle East Peace Facilitation Act of
1995 (title VI of Public Law 104-107) or any other
legislation to suspend or make inapplicable section 307 of
the Foreign Assistance Act of 1961 and that suspension is
still in effect: Provided, That if the President fails to
make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the
prohibition under other legislation, funds appropriated by
this Act may not be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza.
war crimes tribunals drawdown
Sec. 645. If the President determines that doing so will
contribute to a just resolution of
[[Page H15686]]
charges regarding genocide or other violations of
international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance
Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations
Security Council or such other tribunals or commissions as
the Council may establish or authorize to deal with such
violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available for tribunals
other than Yugoslavia, Rwanda, or the Special Court for
Sierra Leone shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
landmines and cluster munitions
Sec. 646. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the President may
prescribe.
(b) Cluster Munitions.--During the current fiscal year, no
military assistance shall be furnished for cluster munitions,
no defense export license for cluster munitions may be
issued, and no cluster munitions or cluster munitions
technology shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a 99
percent or higher tested rate; and
(2) the agreement applicable to the assistance, transfer,
or sale of the cluster munitions or cluster munitions
technology specifies that the cluster munitions will only be
used against clearly defined military targets and will not be
used where civilians are known to be present.
restrictions concerning the palestinian authority
Sec. 647. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of
conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and
employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem. As
has been true in the past, officers and employees of the
United States Government may continue to meet in Jerusalem on
other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
prohibition of payment of certain expenses
Sec. 648. None of the funds appropriated or otherwise made
available under titles III or IV of this Act under the
heading ``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health and
Child Survival'', ``Development Assistance'', and ``Economic
Support Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
colombia
Sec. 649. (a) Assistance for Colombia.--Of the funds
appropriated in titles III and IV of this Act, not more than
$545,608,000 shall be available for assistance for Colombia.
(b) Funding Amounts and Notification.--Funds appropriated
by this Act that are available for assistance for Colombia
shall be made available in the amounts indicated in the table
in the accompanying explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) and any proposed increases or decreases to
the amounts contained in such table shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Assistance for the Colombian Armed Forces.--
(1) Funding.--Funds appropriated by this Act that are
available for assistance for the Colombian Armed Forces, may
be made available as follows:
(A) Up to 70 percent of such funds may be obligated prior
to the certification and report by the Secretary of State
pursuant to subparagraph (B).
(B) Up to 15 percent of such funds may be obligated only
after the Secretary of State consults with, and subsequently
certifies and submits a written report to, the Committees on
Appropriations that the Government of Colombia is meeting the
requirements described in paragraph (2).
(2) Requirements.--The requirements referred to in
paragraph (1) are as follows:
(A) The Commander General of the Colombian Armed Forces is
suspending or placing on administrative duty, if requested by
the prosecutor, those members of the Armed Forces, of
whatever rank, who, according to the Minister of Defense, the
Attorney General or the Procuraduria General de la Nacion,
have been credibly alleged to have committed gross violations
of human rights, including extra-judicial killings, or to
have aided or abetted paramilitary organizations or successor
armed groups.
(B) The Government of Colombia is investigating and
prosecuting, in the civilian justice system, those members of
the Colombian Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross violations of human
rights, including extra-judicial killings, or to have aided
or abetted paramilitary organizations or successor armed
groups.
(C) The Colombian Armed Forces are cooperating fully with
civilian prosecutors and judicial authorities in such cases
(including providing requested information, such as the
identity of persons suspended from the Armed Forces and the
nature and cause of the suspension, and access to witnesses,
relevant military documents, and other requested
information).
(D) The Colombian Armed Forces have taken all necessary
steps to sever links (including denying access to military
intelligence, vehicles, and other equipment or supplies, and
ceasing other forms of active or tacit cooperation) at all
levels, with paramilitary organizations or successor armed
groups, especially in regions where such organizations have a
significant presence.
(E) The Government of Colombia is dismantling paramilitary
leadership and financial networks by arresting and
prosecuting under civilian criminal law individuals who have
provided financial, planning, or logistical support, or have
otherwise aided or abetted paramilitary organizations or
successor armed groups; by identifying and seizing land and
other assets illegally acquired by such organizations or
their associates and returning such land or assets to their
rightful occupants or owners; by revoking reduced sentences
for demobilized paramilitaries who engage in new criminal
activity; and by arresting and prosecuting under civilian
criminal law, and when requested, promptly extraditing to the
United States members of successor armed groups.
(F) The Government of Colombia is ensuring that the
Colombian Armed Forces are not violating the land and
property rights of Colombia's indigenous and Afro-Colombian
communities, and that the Colombian Armed Forces are
implementing procedures to distinguish between civilians,
including displaced persons, and combatants in their
operations.
(3) The balance of such funds may be obligated after July
31, 2008, if, before such date, the Secretary of State
consults with, and submits a written certification to, the
Committees on Appropriations that the Colombian Armed Forces
are continuing to meet the requirements described in
paragraph (2) and are conducting vigorous operations to
restore civilian government authority and respect for human
rights in areas under the effective control of paramilitary
organizations or successor armed groups and guerrilla
organizations.
(4) Certain funds exempted.--The requirement to withhold
funds from obligation shall not apply with respect to funds
made available under the heading ``Andean Counterdrug
Programs'' for continued support for the Critical Flight
Safety Program or for any alternative development programs in
Colombia administered by the Bureau of International
Narcotics and Law Enforcement Affairs of the Department of
State.
(5) Report.--At the time the Secretary of State submits
certifications pursuant to paragraphs (1)(B) and (3) of this
subsection, the Secretary shall also submit to the Committees
on Appropriations a report that contains, with respect to
each such paragraph, a detailed description of the specific
actions taken by both the Colombian Government and Colombian
Armed Forces which support each requirement of the
certification, and the cases or issues brought to the
attention of the Secretary, including through the Department
of State's annual Country Reports on Human Rights Practices,
for which the actions taken by the Colombian Government or
Armed Forces have been determined by the Secretary of State
to be inadequate.
(d) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2008, the Secretary of State shall
consult with Colombian and internationally recognized human
rights organizations regarding progress in meeting the
requirements contained in subsection (c)(2).
(e) Assistance for Demobilization and Disarmament of Former
Combatants in Colombia.--
(1) Availability of funds.--Of the funds appropriated in
this Act under the heading ``Economic Support Fund'', up to
$11,442,000 may be made available in fiscal year 2008 for
assistance for the disarmament, demobilization and
reintegration of former members of foreign terrorist
organizations (FTOs) in Colombia, if the Secretary of State
consults with and makes a certification described in
paragraph (2) to the Committees on Appropriations prior to
the initial obligation of amounts for such assistance for the
fiscal year involved.
(2) Certification.--A certification described in this
subsection is a certification that--
(A) assistance for the fiscal year will be provided only
for individuals who have: (i) verifiably renounced and
terminated any affiliation or involvement with FTOs or other
illegal armed groups; (ii) are meeting all the requirements
of the Colombia demobilization program, including having
disclosed their involvement in past crimes and their
knowledge of the FTO's structure, financing sources, illegal
assets, and the location of kidnapping victims and bodies of
the disappeared; and (iii) are not involved in acts of
intimidation or violence;
[[Page H15687]]
(B) the Government of Colombia is providing full
cooperation to the Government of the United States to
extradite the leaders and members of the FTOs who have been
indicted in the United States for murder, kidnapping,
narcotics trafficking, or other violations of United States
law, and is extraditing to the United States those
commanders, leaders and members indicted in the United States
who have breached the terms of the Colombian demobilization
program, including by failing to fully confess their crimes,
failing to disclose their illegal assets, or committing new
crimes since the approval of the Justice and Peace Law;
(C) the Government of Colombia is not knowingly taking any
steps to legalize the titles of land or other assets
illegally obtained and held by FTOs, their associates, or
successors, has established effective procedures to identify
such land and other assets, and is seizing and returning such
land and other assets to their rightful occupants or owners;
(D) the Government of Colombia is implementing a concrete
and workable framework for dismantling the organizational
structures of foreign terrorist organizations; and
(E) funds shall not be made available as cash payments to
individuals and are available only for activities under the
following categories: verification, reintegration (including
training and education), vetting, recovery of assets for
reparations for victims, and investigations and prosecutions.
(f) Illegal Armed Groups.--
(1) Denial of visas to supporters of colombian illegal
armed groups.--Subject to paragraph (2), the Secretary of
State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--
(A) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), the United Self-Defense Forces of Colombia (AUC), or
successor armed groups, including taking actions or failing
to take actions which allow, facilitate, or otherwise foster
the activities of such groups; or
(B) has committed, ordered, incited, assisted, or otherwise
participated in the commission of a gross violation of human
rights, including extra-judicial killings, in Colombia.
(2) Waiver.--Paragraph (1) shall not apply if the Secretary
of State certifies to the Committees on Appropriations, on a
case-by-case basis, that the issuance of a visa to the alien
is necessary to support the peace process in Colombia or for
urgent humanitarian reasons.
(g) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary or successor armed
groups, including taking actions which allow, facilitate, or
otherwise foster the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives, including those groups and cooperatives that
have formerly demobilized but continue illegal operations, as
well as parts thereof.
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as
a terrorist organization under section 219 of the Immigration
and Nationality Act.
limitation on assistance to the palestinian authority
Sec. 650. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed. The report
shall also detail the steps the Palestinian Authority has
taken to arrest terrorists, confiscate weapons and dismantle
the terrorist infrastructure.
limitation on assistance to security forces
Sec. 651. Chapter 1 of part III of the Foreign Assistance
Act of 1961 is amended by adding the following section:
``SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.
``(a) In General.--No assistance shall be furnished under
this Act or the Arms Export Control Act to any unit of the
security forces of a foreign country if the Secretary of
State has credible evidence that such unit has committed
gross violations of human rights.
``(b) Exception.--The prohibition in subsection (a) shall
not apply if the Secretary determines and reports to the
Committee on Foreign Relations of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Committees on Appropriations that the government of such
country is taking effective measures to bring the responsible
members of the security forces unit to justice.
``(c) Duty to Inform.--In the event that funds are withheld
from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking
effective measures to bring the responsible members of the
security forces to justice.''.
foreign military training report
Sec. 652. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations by the
date specified in that section.
authorization requirement
Sec. 653. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'' and ``Overseas Private Investment Corporation'', may
be obligated and expended notwithstanding section 10 of
Public Law 91-672 and section 15 of the State Department
Basic Authorities Act of 1956.
libya
Sec. 654. (a) None of the funds appropriated or otherwise
made available by this Act shall be obligated or expended to
finance directly any assistance for Libya.
(b) The prohibition of subsection (a) shall no longer apply
if the Secretary of State certifies to the Committees on
Appropriations that the Government of Libya has made the
final settlement payments to the Pan Am 103 victims'
families, paid to the LaBelle Disco bombing victims the
agreed upon settlement amounts, and is engaging in good faith
settlement discussions regarding other relevant terrorism
cases.
(c) Not later than 180 days after enactment of this Act,
the Secretary shall submit a report to the Committees on
Appropriations describing (1) actions taken by the Department
of State to facilitate a resolution of these cases; and (2)
United States commercial activities in Libya's energy sector.
palestinian statehood
Sec. 655. (a) Limitation on Assistance.--None of the funds
appropriated under titles II through V of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgement of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 650 of this
Act (``Limitation on Assistance to the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 656. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
west bank and gaza assistance
Sec. 657. (a) Oversight.--For fiscal year 2008, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have
[[Page H15688]]
as a principal officer of the entity's governing board or
governing board of trustees any individual that has been
determined to be involved in, or advocating terrorist
activity or determined to be a member of a designated foreign
terrorist organization. The Secretary of State shall, as
appropriate, establish procedures specifying the steps to be
taken in carrying out this subsection and shall terminate
assistance to any individual, entity, or educational
institution which she has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles II through
V of this Act for assistance under the West Bank and Gaza
program may be made available for the purpose of recognizing
or otherwise honoring individuals who commit, or have
committed acts of terrorism.
(2) Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations act,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of the Inspector General of the
United States Agency for International Development for
audits, inspections, and other activities in furtherance of
the requirements of this subsection. Such funds are in
addition to funds otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank
and Gaza Program in fiscal year 2008 under the heading
``Economic Support Fund''. The audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the
Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.
war criminals
Sec. 658. (a)(1) None of the funds appropriated or
otherwise made available under titles II through V of this
Act may be made available for assistance, and the Secretary
of the Treasury shall instruct the United States Executive
Director at each international financial institution to vote
against any new project involving the extension by such
institutions of any financial or technical assistance, to any
country, entity, or municipality whose competent authorities
have failed, as determined by the Secretary of State, to take
necessary and significant steps to implement its
international legal obligations to apprehend and transfer to
the International Criminal Tribunal for the former Yugoslavia
(the ``Tribunal'') all persons in their territory who have
been indicted by the Tribunal and to otherwise cooperate with
the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of
such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension
of any new project involving financial or technical
assistance or grants to any country or entity described in
subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to
the Committees on Appropriations a written justification for
the proposed assistance, including an explanation of the
United States position regarding any such vote, as well as a
description of the location of the proposed assistance by
municipality, its purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for
International Development, and the Secretary of the Treasury
shall consult with representatives of human rights
organizations and all government agencies with relevant
information to help prevent indicted war criminals from
benefiting from any financial or technical assistance or
grants provided to any country or entity described in
subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the
Republika Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as
defined herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
user fees
Sec. 659. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) and the
International Monetary Fund to oppose any loan, grant,
strategy or policy of these institutions that would require
user fees or service charges on poor people for primary
education or primary healthcare, including prevention, care
and treatment for HIV/AIDS, malaria, tuberculosis, and
infant, child, and maternal well-being, in connection with
the institutions' financing programs.
contribution to the united nations population fund
Sec. 660. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International
Organizations and Programs'' and ``Global Health and Child
Survival'' accounts for fiscal year 2008, $40,000,000 shall
be made available for the United Nations Population Fund
(UNFPA): Provided, That of this amount, not less than
$7,000,000 shall be derived from funds appropriated under the
heading ``International Organizations and Programs''.
(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to the ``Global Health and Child
Survival'' account and shall be made available for family
planning, maternal, and reproductive health activities,
subject to the regular notification procedures of the
Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available under this Act may be used by UNFPA for
a country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Amounts made
available under this Act for UNFPA may not be made available
to UNFPA unless--
(1) UNFPA maintains amounts made available to UNFPA under
this section in an account separate from other accounts of
UNFPA;
(2) UNFPA does not commingle amounts made available to
UNFPA under this section with other sums; and
(3) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that the UNFPA is budgeting for the year in which the report
is submitted for a country program in the People's Republic
of China.
(2) If a report under paragraph (1) indicates that the
UNFPA plans to spend funds for a country program in the
People's Republic of China in the year covered by the report,
then the amount of such funds that the UNFPA plans to spend
in the People's Republic of China shall be deducted from the
funds made available to the UNFPA after March 1 for
obligation for the remainder of the fiscal year in which the
report is submitted.
(f) Nothing in this section shall be construed to limit the
authority of the President to deny funds to any organization
by reason of the application of another provision of this Act
or any other provision of law.
community-based police assistance
Sec. 661. (a) Authority.--Funds made available by title III
of this Act to carry out the provisions of chapter 1 of part
I and chapter 4 of part II of the Foreign Assistance Act of
1961, may be used, notwithstanding section 660 of that Act,
to enhance the effectiveness and accountability of civilian
police authority through training and technical assistance in
human rights, the rule of law, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
Special Debt Relief for the Poorest
Sec. 662. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-
501).
[[Page H15689]]
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance
to a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
Authority to Engage in Debt Buybacks or Sales
Sec. 663. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make adjustment in its accounts to
reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
basic education
Sec. 664. (a) In General.--Of the funds appropriated by
title III of this Act, not less than $700,000,000 shall be
made available for assistance for developing countries for
basic education, of which not less than $190,000,000 shall be
provided and implemented in countries that have an approved
national education plan.
(b) Coordinator.--There shall be established within the
Department of State in the immediate office of the Director
of United States Foreign Assistance, a Coordinator of United
States Government activities to provide basic education
assistance in developing countries (hereinafter in this
section referred to as the ``Coordinator'').
(c) Responsibilities.--That the Coordinator shall have
primary responsibility for the oversight and coordination of
all resources and international activities of the United
States Government that provide assistance in developing
countries for basic education. The individual serving as the
Coordinator may not hold any other position in the Federal
Government during the individual's time of service as
Coordinator.
(d) Strategy.--The President shall develop a comprehensive
integrated United States Government strategy to provide
assistance in developing countries for basic education within
90 days of enactment of this Act.
(e) Report to Congress.--Not later than September 30, 2008,
the Secretary of State shall report to the Committees on
Appropriations on the implementation of United States
Government assistance programs in developing countries for
basic education.
(f) Funds appropriated by title II of Public Law 109-102
and provided to the Comptroller General pursuant to section
567 of that Act shall be available until expended and are
also available to the Comptroller General to conduct further
evaluations of basic education programs in developing
countries under the direction of the Committees on
Appropriations.
reconciliation programs
Sec. 665. Of the funds appropriated by title III of this
Act under the heading ``Economic Support Fund'', $16,000,000
shall be made available to support reconciliation programs
which bring together individuals of different ethnic,
religious and political backgrounds from areas of civil
conflict and war, and an additional $9,000,000 shall be made
available to support programs in the Middle East: Provided,
That the Administrator of the United States Agency for
International Development shall consult with the Committees
on Appropriations, prior to the initial obligation of funds,
on the most effective uses of such funds.
sudan
Sec. 666. (a) Limitation on Assistance.--Subject to
subsection (b):
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(b) Subsection (a) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that:
(1) The Government of Sudan honors its pledges to cease
attacks upon civilians and disarms and demobilizes the
Janjaweed and other government-supported militias.
(2) The Government of Sudan and all government-supported
militia groups are honoring their commitments made in all
previous cease-fire agreements.
(3) The Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international
monitoring team that is based in Darfur and has the support
of the United States.
(c) Exceptions.--The provisions of subsection (a) shall not
apply to--
(1) humanitarian assistance;
(2) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State, and
Abyei; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace Agreement
or any other internationally-recognized viable peace
agreement in Sudan.
(d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of
Southern Sudan.
(e) Notwithstanding any other law, assistance in this Act
may be made available to the Government of Southern Sudan to
provide non-lethal military assistance, military education
and training, and defense services controlled under the
International Traffic in Arms Regulations (22 CRF 120.1 et
seq.) if the Secretary of State--
(1) determines that the provision of such items is in the
national interest of the United States; and
(2) not later than 15 days before the provision of any such
assistance, notifies the Committees on Appropriations and the
Committee on Foreign Relations in the Senate and the
Committee on Foreign Affairs in the House of Representatives
of such determination.
(f) Chad.--Notwithstanding any other provision of law, of
the funds appropriated by this Act for assistance for Sudan,
up to $5,000,000 shall be made available for administrative
and other expenses of the United States Agency for
International Development in Chad.
trade capacity building
Sec. 667. Of the funds appropriated by this Act, under the
headings ``Development Assistance'', ``Assistance for Eastern
Europe and the
[[Page H15690]]
Baltic States'', ``Economic Support Fund'', ``Andean
Counterdrug Programs'', and ``Assistance for the Independent
States of the Former Soviet Union'', not less than
$550,000,000 should be made available for trade capacity
building assistance.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 668. (a) Public Disclosure.--Ten percent of the funds
appropriated in this Act under the heading ``International
Organizations and Programs'' for a contribution to any United
Nations agency may be withheld from disbursement if the
Secretary of State reports to the Committees on
Appropriations that such agency does not have or is not
implementing a policy of posting on a publicly available
website information such as (1) audits, budget reports, and
information related to procurement activities; (2) procedures
for protecting whistleblowers; and (3) efforts to ensure the
independence of internal oversight bodies, adopt
international public sector accounting standards, and limit
administrative costs.
(b) United Nations Development Program.--Twenty percent of
the funds appropriated by this Act under the heading
``International Organizations and Programs'' for a United
States contribution to the United Nations Development Program
(UNDP) shall be withheld from disbursement until the
Secretary of State reports to the Committees on
Appropriations that UNDP is--
(1) giving adequate access to information to the Department
of State regarding UNDP's programs and activities as
requested, including in North Korea and Burma;
(2) conducting oversight of UNDP programs and activities
globally; and
(3) implementing a whistleblower protection policy
equivalent to that recommended by the United Nations
Secretary General on December 3, 2007.
(c)(1) World Bank.--Ten percent of the funds appropriated
by this Act under the heading ``International Development
Association'' shall be withheld from disbursement until the
Secretary of the Treasury reports to the Committees on
Appropriations that--
(A) the World Bank has made publicly available, in an
appropriate manner, financial disclosure forms of senior
World Bank personnel, including those at the level of
managing director, vice president, and above;
(B) the World Bank has established a plan and maintains a
schedule for conducting regular, independent audits of
internal management controls and procedures for meeting
operational objectives, and is making reports describing the
scope and findings of such audits available to the public;
(C) the World Bank is adequately staffing and sufficiently
funding the Department of Institutional Integrity;
(D) the World Bank has made publicly available the reports
of the Department of Institutional Integrity, and any
subsequent review of corrective actions for such reports,
including, but not limited to, the November 23, 2005 ``Report
of Investigation into Reproductive and Child Health I Project
Credit N0180 India'', and the May 2006 report on Credit
Number 3703 DRC, Grant number H193 DRC, and Grant number H010
DRC; and
(E) the World Bank is implementing the recommendations of
the ``Volcker Panel'' report in a timely manner.
(2) Anticorruption Provisions.--In addition to the funds
withheld in subsection (b)(1), 10 percent of the funds
appropriated by this Act under the heading ``International
Development Association'' shall be withheld from disbursement
until the Secretary of the Treasury reports to the Committees
on Appropriations on the extent to which the World Bank has
completed the following:
(A) World Bank procurement guidelines, including the World
Bank's Standard Bidding Documents, have been applied to all
procurement financed in whole or in part by a loan from the
World Bank or a credit agreement or grant from the
International Development Association (IDA);
(B) the World Bank maintains a strong central procurement
office staffed with senior experts who are designated to
address commercial concerns, questions, and complaints
regarding procurement procedures and payments under IDA and
World Bank projects;
(C) thresholds for international competitive bidding have
been established to maximize international competitive
bidding in accordance with sound procurement practices,
including transparency, competition, and cost-effective
results for the Borrowers;
(D) the World Bank is consulting with the appropriate
private and public sector representatives regarding
implementation of the country procurement pilots outlined in
the June 2007 report to the Board; and
(E) all countries selected for the procurement pilot
program must adhere to all World Bank anti-fraud and anti-
corruption policies and must demonstrate a strong anti-fraud
enforcement record.
(d) Report.--
(1)(A) The Comptroller General of the United States shall
conduct an assessment of the programs and activities funded
under the heading ``Millennium Challenge Corporation'' (MCC)
in this Act and prior Acts making appropriations for foreign
operations, export financing, and related programs to include
a review of the financial controls and procurement practices
of the Corporation and its accountable entities, and the
results achieved by MCC's compacts.
(B) Of the funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act, up to
$250,000 shall be made available to the Comptroller for the
requirements of subsection (1)(A).
(2)(A) The Comptroller General of the United States shall
conduct an assessment of the HIV/AIDS programs and activities
funded under the headings ``Child Survival and Health
Programs Fund'', ``Global HIV/AIDS Initiative'', and ``Global
Health and Child Survival'' in this Act and prior Acts making
appropriations for foreign operations, export financing, and
related programs to include a review of the procurement and
results monitoring activities of United States bilateral HIV/
AIDS programs. The assessment should also address the impact
of Global HIV/AIDS Initiative funding on other United States
global health programming.
(B) Of the funds appropriated under the heading ``Global
Health and Child Survival'', up to $125,000 shall be made
available to the Comptroller for the requirements of
subsection (2)(A).
(e) National Budget Transparency.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of any
country that fails to make publicly available on an annual
basis its national budget, to include income and
expenditures.
(2) The Secretary of State may waive subsection (e)(1) if
the Secretary reports to the Committees on Appropriations
that to do so is in the national interests of the United
States.
(3) The reporting requirement pursuant to section 585(b) of
Public Law 108-7 regarding fiscal transparency and
accountability in countries whose central governments receive
United States foreign assistance shall apply to this Act.
excess defense articles for central and south european countries and
certain other countries
Sec. 669. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal
year 2008, funds available to the Department of Defense may
be expended for crating, packing, handling, and
transportation of excess defense articles transferred under
the authority of section 516 of such Act to Albania,
Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian
Republic of Macedonia, Georgia, India, Iraq, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan,
Romania, Slovakia, Tajikistan, Turkmenistan, and Ukraine.
gender-based violence
Sec. 670. Programs funded under titles III and IV of this
Act that provide training for foreign police, judicial, and
military officials, shall include, where appropriate,
programs and activities that address gender-based violence.
limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
Sec. 671. (a) None of the funds made available in this Act
under the heading ``Economic Support Fund'' may be used to
provide assistance to the government of a country that is a
party to the International Criminal Court and has not entered
into an agreement with the United States pursuant to Article
98 of the Rome Statute preventing the International Criminal
Court from proceeding against United States personnel present
in such country.
(b) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (NATO) member country, a major
non-NATO ally (including Australia, Egypt, Israel, Japan,
Jordan, Argentina, the Republic of Korea, and New Zealand),
Taiwan, or such other country as he may determine if he
determines and reports to the appropriate congressional
committees that it is important to the national interests of
the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a
particular country if he determines and reports to the
appropriate congressional committees that such country has
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States
personnel present in such country.
(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
western hemisphere
Sec. 672. (a) Central and South America.--Of the funds
appropriated by this Act under the headings ``Global Health
and Child Survival'' and ``Development Assistance'', not less
than the amount of funds initially allocated for each such
account pursuant to section 653(a) of the Foreign Assistance
Act of 1961 for fiscal year 2007 shall be made available for
El Salvador, Guatemala, Nicaragua, Honduras, Ecuador, Peru,
Bolivia, Brazil, Latin America and Caribbean Regional,
Central America Regional, and South America Regional:
Provided, That for the purposes of this subsection, ``Global
Health and Child Survival'' shall mean ``Child Survival and
Health Programs Fund''.
(b) Haiti.--
(1) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
(2) Of the funds appropriated by this Act under titles III
and IV, not less than $201,584,000 shall be available for
assistance for Haiti.
(3) None of the funds made available by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' may be used to transfer excess weapons,
ammunition or other lethal property of an agency of the
United States Government to the Government of Haiti for use
by the Haitian National Police until the Secretary of State
certifies to the Committees on
[[Page H15691]]
Appropriations that any members of the Haitian National
Police who have been credibly alleged to have committed
serious crimes, including drug trafficking and human rights
violations, have been suspended and the Haitian Government is
cooperating in a reform and restructuring plan for the
Haitian National Police and the reform of the judicial system
as called for in United Nations Security Council Resolution
1608 adopted on June 22, 2005.
(c) Dominican Republic.--Of the funds appropriated by this
Act under the headings ``Global Health and Child Survival''
and ``Development Assistance'', not less than $23,000,000
shall be made available for assistance for the Dominican
Republic, of which not less than $5,000,000 shall be made
available for basic health care, nutrition, sanitation,
education, and shelter for migrant workers and other
residents of batey communities.
(d) Assistance for Guatemala.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance
for Guatemala, not less than $4,000,000 shall be made
available for a United States contribution to the
International Commission Against Impunity in Guatemala
(CICIG).
(2) Funds appropriated by this Act under the heading
``International Military Education and Training'' (IMET) that
are available for assistance for Guatemala, other than for
expanded IMET, may be made available only for the Guatemalan
Air Force, Navy and Army Corps of Engineers: Provided, That
assistance for the Guatemalan Army Corps of Engineers shall
only be available for training to improve disaster response
capabilities and to participate in international peacekeeping
operations: Provided further, That such funds may be made
available only if the Secretary of State certifies that the
Guatemalan Air Force, Navy and Army Corps of Engineers are
respecting human rights and are cooperating with civilian
judicial investigations and prosecutions of current and
retired military personnel who have been credibly alleged to
have committed violations of human rights.
(3) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not more than
$500,000 may be made available for the Guatemalan Air Force
and Navy: Provided, That such funds may be made available
only if the Secretary of State certifies that the Guatemalan
Air Force and Navy are respecting human rights and are
cooperating with civilian judicial investigations and
prosecutions of current and retired military personnel who
have been credibly alleged to have committed violations of
human rights, and the Guatemalan Armed Forces are fully
cooperating (including access for investigators, the
provision of documents and other evidence, and testimony of
witnesses) with the CICIG.
(e) Free Trade Agreements.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $10,000,000 shall be made available for labor and
environmental capacity building activities relating to the
free trade agreements with countries of Central America and
the Dominican Republic.
(f) Notification Requirement.--Funds made available in this
Act for assistance for Guatemala and Haiti under the headings
referred to in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
ZIMBABWE
Sec. 673. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule
of law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
DEVELOPMENT GRANTS PROGRAM
Sec. 674. (a) Establishment of the Program.--There is
established within the United States Agency for International
Development (USAID) a Development Grants Program (DGP) to
provide small grants to United States and indigenous
nongovernmental organizations for the purpose of carrying out
the provisions of chapters 1 and 10 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961.
(b) Eligibility for Grants.--Grants from the DGP shall be
made only for proposals of nongovernmental organizations.
(c) Competition.--Grants made pursuant to the authority of
this section shall be provided through an open, transparent
and competitive process.
(d) Size of Program and Individual Grants.--
(1) Of the funds appropriated by this Act to carry out
chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $50,000,000 shall be
made available for purposes of this section: Provided, That
not more than 50 percent of this amount shall be derived from
funds appropriated to carry out chapter 1 of part I of such
Act.
(2) No individual organization can receive grants, or grant
amendments, made pursuant to this section in excess of
$2,000,000.
(e) Availability of Other Funds.--Funds made available
under this section are in addition to other funds available
for such purposes including funds designated by this Act by
section 665.
(f) Definition.--For purposes of this section, the term
``nongovernmental organization'' means a private voluntary
organization, and shall not include entities owned in whole
or in part by a government or governmental entity.
(g) Report.--Within 90 days from the date of enactment of
this Act, and after consultation with the Committees on
Appropriations, the Administrator of USAID shall submit a
report to those Committees describing the procedures and
mechanisms USAID will use to implement this section.
DISASTER ASSISTANCE AND RECOVERY
Sec. 675. Funds made available to the Comptroller General
under chapter 4 of title I of the Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 69) and
section 593 of the Foreign Operations, Export Financing, and
Programs Agencies Appropriations Act, 2001 (Public Law 106-
429; 114 Stat. 1900A-59) to monitor the provisions of
assistance to address the effects of hurricanes in Central
America and the Caribbean and the earthquake in Colombia, and
to monitor the earthquake relief and reconstruction efforts
in El Salvador under section 561 of the Foreign Operations,
Export Financing, and Programs Agencies Appropriations Act,
2002 (Public Law 107-115; 115 Stat. 2162) shall also be
available to the Comptroller General to monitor any other
disaster assistance and recovery effort.
united states agency for international development management
(including transfer of funds)
Sec. 676. (a) Authority.--Up to $81,000,000 of the funds
made available in title III of this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States'', may be used by
the United States Agency for International Development
(USAID) to hire and employ individuals in the United States
and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act
of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2009.
(c) Conditions.--The authority of subsection (a) may only
be used to the extent that an equivalent number of positions
that are filled by personal services contractors or other
non-direct hire employees of USAID, who are compensated with
funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID
to meet personnel positions in technical skill areas
currently encumbered by contractor or other non-direct hire
personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which such
individual's responsibilities primarily relate. Funds made
available to carry out this section may be transferred to and
merged and consolidated with funds appropriated for
``Operating Expenses of the United States Agency for
International Development''.
(g) Management Reform Pilot.--Of the funds made available
in subsection (a), USAID may use, in addition to funds
otherwise available for such purposes, up to $15,000,000 to
fund overseas support costs of members of the Foreign Service
with a Foreign Service rank of four or below: Provided, That
such authority is only used to reduce USAID's reliance on
overseas personal services contractors or other non-direct
hire employees compensated with funds appropriated to carry
out part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States''.
(h) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Eastern Europe and the Baltic
States'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the
support costs) of individuals detailed to or employed by the
United States Agency for International Development whose
primary responsibility is to carry out programs in response
to natural disasters.
opic transfer authority
(including transfer of funds)
Sec. 677. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title III of this Act may be transferred to and merged
with funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such
funds shall not be available for administrative expenses of
the Overseas Private Investment Corporation: Provided
further, That designated funding levels in this Act shall not
be transferred pursuant to this section: Provided further,
That the exercise of such authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
reporting requirement
Sec. 678. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2008,
and for each fiscal quarter, a report in writing on the uses
of funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall
[[Page H15692]]
include a description of the obligation and expenditure of
funds, and the specific country in receipt of, and the use or
purpose of the assistance provided by such funds.
indonesia
Sec. 679. (a) Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' up to
$15,700,000 may be made available for assistance for
Indonesia as follows--
(1) Of the amount provided in subsection (a), $13,000,000
may be made available upon enactment of this Act.
(2) Of the amount provided in subsection (a), $2,700,000
may not be made available until the Secretary of State
reports to the Committees on Appropriations--
(A) on the steps taken by the Government of Indonesia on
the following--
(i) prosecution and punishment, in a manner proportional to
the crime, for members of the Armed Forces who have been
credibly alleged to have committed gross violations of human
rights in Timor-Leste and elsewhere, and cooperation by the
Armed Forces with civilian judicial authorities and with
international efforts to resolve cases of gross violations of
human rights; and
(ii) implementation by the Armed Forces of reforms to
increase the transparency and accountability of their
operations and financial management; and
(B) that the Government of Indonesia has written plans to
effectively provide accountability for past violations of
human rights by members of the Armed Forces, and is
implementing plans to effectively allow public access to
Papua and to pursue the criminal investigation and provide
the projected timeframe for completing the investigation of
the murder of Munir Said Thalib.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance
for Indonesia, not less than $250,000 should be made
available for grants for capacity building of Indonesian
human rights organizations, including in Papua.
limitation on basing in iraq
Sec. 680. None of the funds made available in this Act may
be used by the Government of the United States to enter into
a permanent basing rights agreement between the United States
and Iraq.
prohibition on use of torture
Sec. 681. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture, cruel or inhumane treatment by any official
or contract employee of the United States Government.
report on indonesia
Sec. 682. Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations that describes--
(1) the steps taken by the Government of Indonesia to deny
promotion, suspend from active service, and pursue
prosecution of military officers indicted for serious crimes,
and the extent to which past and present Indonesian military
officials are cooperating with domestic inquiries into human
rights abuses, including the forced disappearance and killing
of student activists in 1998 and 1999;
(2) the responses of the Governments of Indonesia and Timor
Leste to the Final Report of the Commission for Reception,
Truth and Reconciliation in Timor-Leste and the June 2006
report of the report to the Secretary-General of the
Commission of Experts to Review the Prosecution of Serious
Violations of Human Rights in Timor-Leste in 1999; and
(3) the steps taken by the Indonesian military to divest
itself of illegal businesses.
extradition
Sec. 683. (a) None of the funds appropriated in this Act
for the Department of State may be used to provide assistance
(other than funds provided under the headings ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``Emergency Migration and Refugee
Assistance'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Assistance'') for the central government
of a country which has notified the Department of State of
its refusal to extradite to the United States any individual
indicted for a criminal offense for which the maximum penalty
is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United
States extradition request.
(b) Subsection (a) shall only apply to the central
government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such
waiver is important to the national interests of the United
States.
ENVIRONMENT AND ENERGY PROGRAMS
Sec. 684. (a) Biodiversity.--Of the funds appropriated
under the heading ``Development Assistance'', not less than
$195,000,000 shall be made available for programs and
activities which directly protect biodiversity, including
forests, in developing countries, of which not less than the
amount of funds initially allocated pursuant to section
653(a) of the Foreign Assistance Act of 1961 for fiscal year
2006 shall be made available for such activities in Brazil,
Colombia, Ecuador, Peru and Bolivia, and that in addition to
such amounts for such countries not less than $15,000,000
shall be made available for the United States Agency for
International Development's Amazon Basin Conservation
Initiative: Provided, That of the funds appropriated by this
Act, not less than $2,000,000 should be made available for
wildlife conservation and protected area management in the
Boma-Jonglei landscape of Southern Sudan, and not less than
$17,500,000 shall be made available for the Congo Basin
Forest Partnership of which not less than $2,500,000 shall be
made available to the United States Fish and Wildlife Service
for great apes conservation programs in Central Africa.
(b) Energy.--
(1) Of the funds appropriated by this Act, not less than
$195,000,000 shall be made available to support clean energy
and other climate change programs in developing countries, of
which not less than $125,000,000 should be made available to
directly promote and deploy energy conservation, energy
efficiency, and renewable and clean energy technologies with
an emphasis on small hydro, solar and wind energy, and of
which the balance should be made available to directly: (1)
reduce greenhouse gas emissions; (2) increase carbon
sequestration activities; and (3) support climate change
mitigation and adaptation programs.
(2) The Secretary of State shall convene an interagency
committee, including appropriate officials of the Department
of State, the United States Agency for International
Development, and the Environmental Protection Agency, to
evaluate the specific needs of developing countries in
adapting to climate change impacts: Provided, That the
Secretary shall submit a report to the Committees on
Appropriations not later than September 1, 2008, describing
such needs, on a country-by-country and regional basis, and
the actions planned and being taken by the United States,
including funding provided to developing countries
specifically for adaptation to climate change impacts.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions and
the public that it is the policy of the United States that
any assistance by such institutions (including but not
limited to any loan, credit, grant, or guarantee) for the
extraction and export of oil, gas, coal, timber, or other
natural resource should not be provided unless the government
of the country has in place functioning systems for: (A)
accurately accounting for payments for companies involved in
the extraction and export of natural resources; (B) the
independent auditing of accounts receiving such payments and
the widespread public dissemination of the findings of such
audits; and (C) verifying government receipts against company
payments including widespread dissemination of such payment
information, and disclosing such documents as Host Government
Agreements, Concession Agreements, and bidding documents,
allowing in any such dissemination or disclosure for the
redaction of, or exceptions for, information that is
commercially proprietary or that would create competitive
disadvantage.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to
the Committees on Appropriations describing, for each
international financial institution, the amount and type of
assistance provided, by country, for the extraction and
export of oil, gas, coal, timber, or other natural resources
since September 30, 2006, and whether each institution
considered, in its proposal for such assistance, the extent
to which the country has functioning systems described in
paragraph (c)(1).
uzbekistan
Sec. 685. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the
Government of Uzbekistan is making substantial and continuing
progress--
(1) in meeting its commitments under the ``Declaration on
the Strategic Partnership and Cooperation Framework Between
the Republic of Uzbekistan and the United States of
America'', including respect for human rights, establishing a
genuine multi-party system, and ensuring free and fair
elections, freedom of expression, and the independence of the
media; and
(2) in investigating and prosecuting the individuals
responsible for the deliberate killings of civilians in
Andijan in May, 2005.
(b) If the Secretary of State has credible evidence that
any current or former official of the Government of
Uzbekistan was responsible for the deliberate killings of
civilians in Andijan in May, 2005, or for other gross
violations of human rights in Uzbekistan, not later than 6
months after enactment of this Act any person identified by
the Secretary pursuant to this subsection shall be ineligible
for admission to the United States.
(c) The restriction in subsection (b) shall cease to apply
if the Secretary determines and reports to the Committees on
Appropriations that the Government of Uzbekistan has taken
concrete and measurable steps to improve respect for
internationally recognized human rights, including allowing
peaceful political and religious expression, releasing
imprisoned human rights defenders, and implementing
recommendations made by the United Nations on torture.
(d) The Secretary may waive the application of subsection
(b) if the Secretary determines that admission to the United
States is necessary to attend the United Nations or to
further United States law enforcement objectives.
(e) For the purpose of this section ``assistance'' shall
include excess defense articles.
repression in the russian federation
Sec. 686. (a) None of the funds appropriated for assistance
under this Act may be made available for the Government of
the Russian Federation, after 180 days from the date of the
enactment of this Act, unless the President determines and
certifies in writing to the Committees
[[Page H15693]]
on Appropriations that the Government of the Russian
Federation: (1) has implemented no statute, executive order,
regulation or similar government action that would
discriminate, or which has as its principal effect
discrimination, against religious groups or religious
communities in the Russian Federation in violation of
accepted international agreements on human rights and
religious freedoms to which the Russian Federation is a
party; and (2) is (A) honoring its international obligations
regarding freedom of expression, assembly, and press, as well
as due process; (B) investigating and prosecuting law
enforcement personnel credibly alleged to have committed
human rights abuses against political leaders, activists and
journalists; and (C) immediately releasing political leaders,
activists and journalists who remain in detention.
(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is
important to the national interests of the United States.
war crimes in africa
Sec. 687. (a) The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for Rwanda
(ICTR) and the Special Court for Sierra Leone (SCSL) to bring
to justice individuals responsible for war crimes and crimes
against humanity in a timely manner.
(b) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance to
the central government of a country in which individuals
indicted by ICTR and SCSL are credibly alleged to be living,
if the Secretary of State determines and reports to the
Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and
transfer of indictees in a timely manner: Provided, That this
subsection shall not apply to assistance provided under
section 551 of the Foreign Assistance Act of 1961 or to
project assistance under title II of this Act: Provided
further, That the United States shall use its voice and vote
in the United Nations Security Council to fully support
efforts by ICTR and SCSL to bring to justice individuals
indicted by such tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a
country by country basis if the President determines that
doing so is in the national security interest of the United
States: Provided, That prior to exercising such waiver
authority, the President shall submit a report to the
Committees on Appropriations, in classified form if
necessary, on--
(1) the steps being taken to obtain the cooperation of the
government in surrendering the indictee in question to the
court of jurisdiction;
(2) a strategy, including a timeline, for bringing the
indictee before such court; and
(3) the justification for exercising the waiver authority.
combatting piracy of united states copyrighted materials
Sec. 688. (a) Program Authorized.--The Secretary of State
may carry out a program of activities to combat piracy in
countries that are not members of the Organization for
Economic Cooperation and Development, including activities as
follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of intellectual
property laws.
(2) The provision of training for judges and prosecutors,
including in the interpretation of intellectual property
laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property
Organization.--In carrying out the program authorized by
subsection (a), the Secretary shall, to the maximum extent
practicable, consult with and provide assistance to the World
Intellectual Property Organization in order to promote the
integration of countries described in subsection (a) into the
global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``International Narcotics Control
and Law Enforcement'', $5,000,000 may be made available in
fiscal year 2008 for the program authorized by subsection
(a).
NEGLECTED TROPICAL DISEASES
Sec. 689. Of the funds appropriated under the heading
``Global Health and Child Survival'', not less than
$15,000,000 shall be made available to support the United
States Agency for International Development's ongoing program
to implement an integrated response to the control of
neglected diseases including intestinal parasites,
schistosomiasis, lymphatic filariasis, onchocerciasis,
trachoma and leprosy: Provided, That the Administrator of the
United States Agency for International Development shall
consult with the Committees on Appropriations,
representatives from the relevant international technical and
nongovernmental organizations addressing the specific
diseases, recipient countries, donor countries, the private
sector, UNICEF and the World Health Organization: (1) on the
most effective uses of such funds to demonstrate the health
and economic benefits of such an approach; and (2) to develop
a multilateral, integrated initiative to control these
diseases that will enhance coordination and effectiveness and
maximize the leverage of United States contributions with
those of other donors: Provided further, That funds made
available pursuant to this section shall be subject to the
regular notification procedures of the Committees on
Appropriations.
EGYPT
Sec. 690. (a) Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' or under
the heading ``Economic Support Fund'' that are available for
assistance for Egypt, $100,000,000 shall not be made
available for obligation until the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Egypt has taken concrete and
measurable steps to--
(1) adopt and implement judicial reforms that protect the
independence of the judiciary;
(2) review criminal procedures and train police leadership
in modern policing to curb police abuses; and
(3) detect and destroy the smuggling network and tunnels
that lead from Egypt to Gaza.
(b) Not less than 45 days after enactment of this Act, the
Secretary may waive subsection (a) if the Secretary
determines and reports to the Committees on Appropriations
that such waiver is in the national security interest of the
United States.
RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES WHO DO NOT POSE
A THREAT TO THE UNITED STATES
Sec. 691. (a) Amendment to Authority to Determine the Bar
to Admission Inapplicable.--Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i))
is amended to read as follows:
``The Secretary of State, after consultation with the
Attorney General and the Secretary of Homeland Security, or
the Secretary of Homeland Security, after consultation with
the Secretary of State and the Attorney General, may
determine in such Secretary's sole unreviewable discretion
that subsection (a)(3)(B) shall not apply with respect to an
alien within the scope of that subsection or that subsection
(a)(3)(B)(vi)(III) shall not apply to a group within the
scope of that subsection, except that no such waiver may be
extended to an alien who is within the scope of subsection
(a)(3)(B)(i)(II), no such waiver may be extended to an alien
who is a member or representative of, has voluntarily and
knowingly engaged in or endorsed or espoused or persuaded
others to endorse or espouse or support terrorist activity on
behalf of, or has voluntarily and knowingly received
military-type training from a terrorist organization that is
described in subclause (I) or (II) of subsection
(a)(3)(B)(vi), and no such waiver may be extended to a group
that has engaged terrorist activity against the United States
or another democratic country or that has purposefully
engaged in a pattern or practice of terrorist activity that
is directed at civilians. Such a determination shall neither
prejudice the ability of the United States Government to
commence criminal or civil proceedings involving a
beneficiary of such a determination or any other person, nor
create any substantive or procedural right or benefit for a
beneficiary of such a determination or any other person.
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, or any
other habeas corpus provision, and sections 1361 and 1651 of
such title, no court shall have jurisdiction to review such a
determination or revocation except in a proceeding for review
of a final order of removal pursuant to section 1252 of this
title, and review shall be limited to the extent provided in
section 1252(a)(2)(D). The Secretary of State may not
exercise the discretion provided in this clause with respect
to an alien at any time during which the alien is the subject
of pending removal proceedings under section 1229a of this
title.''.
(b) Automatic Relief for the Hmong and Other Groups That Do
Not Pose a Threat to the United States.--For purposes of
section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)), the Karen National Union/Karen
Liberation Army (KNU/KNLA), the Chin National Front/Chin
National Army (CNF/CNA), the Chin National League for
Democracy (CNLD), the Kayan New Land Party (KNLP), the Arakan
Liberation Party (ALP), the Mustangs, the Alzados, the
Karenni National Progressive Party, and appropriate groups
affiliated with the Hmong and the Montagnards shall not be
considered to be a terrorist organization on the basis of any
act or event occurring before the date of enactment of this
section. Nothing in this subsection may be construed to alter
or limit the authority of the Secretary of State or the
Secretary of Homeland Security to exercise his discretionary
authority pursuant to 212(d)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)).
(c) Technical Correction.--(1) In General.--Section
212(a)(3)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``Subclause
(VII)'' and replacing it with ``Subclause (IX)''.
(d) Designation of the Taliban as a Terrorist
Organization.--For purposes of section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the
Taliban shall be considered to be a terrorist organization
described in subclause (I) of clause (vi) of that section.
(e) Report on Duress Waivers.--The Secretary of Homeland
Security shall provide to the Committees on the Judiciary of
the United States Senate and House of Representatives a
report, not less than 180 days after the enactment of this
Act and every year thereafter, which may include a classified
annex, if appropriate, describing--
(1) the number of individuals subject to removal from the
United States for having provided material support to a
terrorist group who allege that such support was provided
under duress;
(2) a breakdown of the types of terrorist organizations to
which the individuals described in paragraph (1) have
provided material support;
(3) a description of the factors that the Department of
Homeland Security considers when evaluating duress waivers;
and
(4) any other information that the Secretary believes that
the Congress should consider while overseeing the
Department's application of duress waivers.
[[Page H15694]]
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this section,
and these amendments and sections 212(a)(3)(B) and
212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B) and 1182(d)(3)(B)), as amended by these
sections, shall apply to--
(1) removal proceedings instituted before, on, or after the
date of enactment of this section; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
report on anti-corruption activities
Sec. 692. Not later than August 1, 2008, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development and the Chief
Executive Officer of the Millennium Challenge Corporation,
shall submit to the Committees on Appropriations a report on
the level of corruption in each country that receives
development assistance appropriated in this Act.
democracy, the rule of law, and governance in iran
Sec. 693. Of the funds appropriated in this Act,
$60,000,000 should be made available for programs to promote
democracy, the rule of law, and governance in Iran.
denial of visas related to removal of aliens
Sec. 694. None of the funds made available in this Act may
be expended in violation of section 243(d) of the Immigration
and Nationality Act (8 U.S.C. 1253(d)) (relating to
discontinuing granting visas to nationals of countries that
are denying or delaying accepting aliens removed from the
United States).
UNITED NATIONS HUMAN RIGHTS COUNCIL
Sec. 695. (a) None of the funds appropriated by this Act
may be made available for a United States contribution to the
United Nations Human Rights Council.
(b) The prohibition under subsection (a) shall not apply
if--
(1) the Secretary of State certifies to the Committees on
Appropriations that the provision of funds to support the
United Nations Human Rights Council is in the national
interest of the United States; or
(2) the United States is a member of the Human Rights
Council.
Attendance at International Conferences
Sec. 696. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government who are stationed in the United States, at
any single international conference occurring outside the
United States, unless the Secretary of State determines that
such attendance is in the national interest: Provided, That
for purposes of this section the term ``international
conference'' shall mean a conference attended by
representatives of the United States Government and
representatives of foreign governments, international
organizations, or nongovernmental organizations.
SAUDI ARABIA
Sec. 697. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance any assistance to Saudi Arabia: Provided, That the
President may waive the prohibition of this section if the
President certifies to the Committees on Appropriations, 15
days prior to the obligation of funds for assistance for
Saudi Arabia, that Saudi Arabia is cooperating with efforts
to combat international terrorism and that the proposed
assistance will help facilitate that effort.
Central Asia
Sec. 698. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan
only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of
Kazakhstan has made significant improvements in the
protection of human rights and civil liberties during the
preceding 6 month period, including by fulfilling obligations
recommended by the Organization for Security and Cooperation
in Europe (OSCE) in the areas of election procedures, media
freedom, freedom of religion, free assembly and minority
rights, and by meeting the commitments it made in connection
with its assumption of the Chairmanship of the OSCE in 2010.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such a waiver is important to the
national security of the United States.
(c) Not later than October 1, 2008, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 12-month period ending 30 days prior
to submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United
States by units of the armed forces, border guards, or other
security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
disability programs
Sec. 699. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$4,000,000 shall be made available for programs and
activities administered by the United States Agency for
International Development (USAID) to address the needs and
protect the rights of people with disabilities in developing
countries, of which $1,500,000 should be made available to
disability advocacy organizations that have expertise in
working to protect the rights and increasing the independence
and full participation of people with disabilities: Provided,
That funds for disability advocacy organizations should be
used for training and technical assistance for foreign
disabled persons organizations in such areas as advocacy,
education, independent living, and transportation, with the
goal of promoting equal participation of people with
disabilities in developing countries: Provided further, That
USAID should seek to disburse at least 25 percent of the
funds made available pursuant to this subsection in the form
of small grants.
(b) Funds appropriated under the heading ``Operating
Expenses of the United States Agency for International
Development'' shall be made available to develop and
implement training for staff in overseas USAID missions to
promote the full inclusion and equal participation of people
with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the Administrator of USAID shall seek to ensure that,
where appropriate, construction projects funded by this Act
are accessible to people with disabilities and in compliance
with the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities,
and organizations funded pursuant to this section.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 699A. Of the funds appropriated under title III of
this Act, $3,000,000 should be made available for activities
to improve the capacity of foreign government agencies and
nongovernmental organizations to prevent child abandonment,
address the needs of orphans, displaced and abandoned
children and provide permanent homes through family
reunification, guardianship and domestic adoptions: Provided,
That funds made available under title III of this Act should
be made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the care of
their family of origin, but when not possible, placing
children in permanent homes through adoption;
(2) the principle that such placements should be based on
informed consent which has not been induced by payment or
compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and should be
used when no other suitable permanent options are available;
and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of
children.
advisor for activities relating to indigenous peoples internationally
Sec. 699B. (a) Advisor.--After consultation with the
Committees on Appropriations and not later than 90 days after
the enactment of this Act, there shall be established within
the Department of State in the immediate office of the
Director of United States Foreign Assistance an Advisor for
Activities Relating to Indigenous Peoples Internationally
(hereinafter in this section referred to as the ``Advisor''),
who shall be appointed by the Director. The Advisor shall
report directly to the Director.
(b) Responsibilities.--The Advisor shall:
(1) Advise the Director of United States Foreign Assistance
and the Administrator of the United States Agency for
International Development on matters relating to the rights
and needs of indigenous peoples internationally and should
represent the United States Government on such matters in
meetings with foreign governments and multilateral
institutions.
(2) Provide for the oversight and coordination of all
resources, programs, projects, and activities of the United
States Government to protect the rights and address the needs
of indigenous peoples internationally; and
(3) Develop and coordinate assistance strategies with
specific goals, guidelines, benchmarks, and impact
assessments (including support for local indigenous peoples'
organizations).
(c) Funds.--Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', not less than
$250,000 shall be made available for implementing the
provisions of this section.
(d) Report.--Not later than one year after the enactment of
this Act, the Secretary shall submit a report to the
Committees on Appropriations describing progress made in
implementing this section.
CHILD SOLDIERS
Sec. 699C. (a) None of the funds appropriated or otherwise
made available for foreign military financing, foreign
military sales, direct commercial sales, or excess Defense
articles by this Act or any other Act making appropriations
for foreign operations, export financing, and related
programs may be obligated or otherwise made available to the
government of a country that is identified by the Department
of State in the Department of State's most recent Country
Reports on Human Rights Practices as having governmental
armed forces or government supported armed groups, including
paramilitaries, militias, or civil defense forces, that
recruit or use child soldiers.
(b) The Secretary of State may provide assistance or
defense articles otherwise prohibited under subsection (a) to
a country upon certifying to the Committees on Appropriations
that
[[Page H15695]]
the government of such country has implemented effective
measures to demobilize children from its forces or from
government-supported armed groups and prohibit and prevent
the future recruitment or use of child soldiers.
(c) The Secretary of State may waive the application to a
country of the prohibition in subsection (a) if the Secretary
determines and reports to the Committees on Appropriations
that such waiver is important to the national interest of the
United States.
funding for serbia
Sec. 699D. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2008, if the President has made the
determination and certification contained in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
conditions in subsection (c).
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia is--
(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, timely information on the
location, movement, and sources of financial support of
indictees, and the surrender and transfer of indictees or
assistance in their apprehension, including Ratko Mladic and
Radovan Karadzic;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security and
other support which has served to maintain separate Republika
Srpska institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply to Kosovo, humanitarian
assistance or assistance to promote democracy.
PHILIPPINES
Sec. 699E. Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not to exceed
$30,000,000 may be made available for assistance for the
Philippines, of which $2,000,000 may only be made available
after the Secretary of State reports to the Committees on
Appropriations that--
(1) the Philippine Government is implementing the
recommendations of the United Nations Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions;
(2) the Philippine Government is implementing a policy of
promoting military personnel who demonstrate professionalism
and respect for human rights, and is investigating and
prosecuting military personnel and others who have been
credibly alleged to have committed extrajudicial executions
or other violations of human rights; and
(3) the Philippine military is not engaging in acts of
intimidation or violence against members of legal
organizations who advocate for human rights.
PAKISTAN
Sec. 699F. (a) Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'', up to
$300,000,000 may be made available for assistance for
Pakistan as follows--
(b) Of the amount provided in subsection (a), $250,000,000
may be made available immediately for counter-terrorism and
law enforcement activities directed against Al Qaeda and the
Taliban and associated terrorist groups, and $50,000,000 may
be made available for such purposes after the Secretary of
State reports to the Committees on Appropriations that the
Government of Pakistan--
(1) is making concerted efforts to prevent Al Qaeda and
associated terrorist groups from operating in the territory
of Pakistan, including by eliminating terrorist training
camps or facilities, arresting members of Al Qaeda and
associated terrorist groups, and countering recruitment
efforts;
(2) is making concerted efforts to prevent the Taliban from
using the territory of Pakistan as a sanctuary from which to
launch attacks within Afghanistan, including by arresting
Taliban leaders, stopping cross-border incursions, and
countering recruitment efforts; and
(3) is implementing democratic reforms, including--
(A) restoring the Constitution of Pakistan and ensuring
freedoms of expression and assembly and other civil liberties
guaranteed by the Constitution;
(B) releasing political detainees and allowing inclusive
democratic elections;
(C) ending harassment and detention of journalists, human
rights defenders and government critics by security and
intelligence forces; and
(D) restoring an independent judiciary and ending
interference in the judicial process.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Pakistan, up to
$5,000,000 may be used for administrative expenses of the
United States Agency for International Development: Provided,
That none of the funds appropriated by this Act may be made
available for cash transfer assistance for Pakistan.
SRI LANKA
Sec. 699G. (a) None of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' may
be made available for assistance for Sri Lanka, no defense
export license may be issued, and no military equipment or
technology shall be sold or transferred to Sri Lanka pursuant
to the authorities contained in this Act or any other Act,
unless the Secretary of State certifies to the Committee on
Appropriations that--
(1) the Sri Lankan military is suspending and the Sri
Lankan Government is bringing to justice members of the
military who have been credibly alleged to have committed
gross violations of human rights or international
humanitarian law, including complicity in the recruitment of
child soldiers;
(2) the Sri Lankan Government is providing access to
humanitarian organizations and journalists throughout the
country consistent with international humanitarian law; and
(3) the Sri Lankan Government has agreed to the
establishment of a field presence of the Office of the United
Nations High Commissioner for Human Rights in Sri Lanka with
sufficient staff and mandate to conduct full and unfettered
monitoring throughout the country and to publicize its
findings.
(b) Subsection (a) shall not apply to technology or
equipment made available for the limited purposes of maritime
and air surveillance and communications.
MULTILATERAL DEVELOPMENT BANKS
Sec. 699H. (a) World Bank Inspection Panel.--The Secretary
of the Treasury shall instruct the United States Executive
Director to the World Bank to inform the Bank of, and use the
voice and vote of the United States to achieve transparency
reforms of the selection process for members of the World
Bank Inspection Panel, including--
(1) Posting Inspection Panel position vacancy announcements
on the Inspection Panel's website and in publications that
have wide circulation in member countries;
(2) Making public official procedures for the selection of
Inspection Panel vacancies; and
(3) Posting on the Inspection Panel's website the names of
the members of the selection committee and the name or names
of the individuals proposed by the selection committee to the
President of the World Bank.
(b) Authorizations.--
(1) Section 501(i) of title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public Law 106-113, as amended
by section 591(b) of division D of Public Law 108-447, is
further amended by striking ``fiscal'' and all that follows
through ``which'' and inserting in lieu thereof ``fiscal
years 2000-2010, which''.
(2) Section 801(b)(1)(ii) of Public Law 106-429, as amended
by section 591(a)(2) of division D of Public Law 108-447, is
further amended by striking ``fiscal years 2004-2006'' and by
inserting in lieu thereof ``fiscal years 2004-2010''.
MILLENNIUM CHALLENGE CORPORATION
Sec. 699I. (a) Section 607(b) of the Millennium Challenge
Act of 2003 (22 U.S.C. 7706) is amended--
(1) in paragraph (2)(B) by striking ``and the sustainable
management of natural resources'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding the following subparagraph:
``(C) promote the protection of biodiversity and the
transparent and sustainable management and use of natural
resources.''.
(b)(1) The Chief Executive Officer of the Millennium
Challenge Corporation shall, not later than 30 days following
enactment of this Act, submit to the Committees on
Appropriations a report on the proposed uses, on a country-
by-country basis, of all funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act or prior
Acts making appropriations for foreign operations, export
financing, and related programs projected to be obligated and
expended in fiscal year 2008 and subsequent fiscal years.
(2) The report required in paragraph (1) shall include, at
a minimum, a description of:
(A) Compacts in development, including the status of
negotiations and the approximate range of value of the
proposed compact;
(B) Compacts in implementation, including the projected
expenditure and disbursement of compact funds during fiscal
year 2008 and subsequent fiscal years as determined by the
country compact;
(C) Threshold country programs in development, including
the approximate range of value of the threshold country
agreement;
(D) Threshold country programs in implementation; and
(E) Use of administrative funds.
(3) The Chief Executive Officer of the Millennium Challenge
Corporation shall notify the Committees on Appropriations not
later than 15 days prior to signing any new country compact
or new threshold country program; terminating or suspending
any country compact or threshold country program; or
commencing negotiations for any new compact or threshold
country program.
(4) The report required in paragraph (1) shall be updated
on a quarterly basis.
CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS
Sec. 699J. Section 1059(c) of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note)
is amended by adding at the end the following:
``(3) Carry forward.--If the numerical limitation described
in paragraph (1) is not reached during a given fiscal year,
the numerical limitation for the following fiscal year shall
be increased by a number equal to the difference between the
number of visas authorized for the given fiscal year and the
number of aliens provided special immigrant status during the
given fiscal year.''.
IRAQ
Sec. 699K. (a) None of the funds appropriated or otherwise
made available by this Act may be made available for
assistance for Iraq.
(b) Subsection (a) shall not apply to funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available
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to rescue Iraqi scholars and for the fund established by
section 2108 of Public Law 109-13, to funds made available
under the heading ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'' for the removal and disposal
of land mines and other unexploded ordnance, small arms and
light weapons in Iraq, or for assistance for refugees and
internally displaced persons.
anti-kleptocracy
Sec. 699L. (a) In furtherance of the National Strategy to
Internationalize Efforts Against Kleptocracy and Presidential
Proclamation 7750, the Secretary of State shall compile and
maintain a list of officials of foreign governments and their
immediate family members who the Secretary determines there
is credible evidence to believe have been involved in
corruption relating to the extraction of natural resources in
their countries.
(b) Any individual on the list submitted under subsection
(a) shall be ineligible for admission to the United States.
(c) The Secretary may waive the application of subsection
(a) if the Secretary determines that admission to the United
States is necessary to attend the United Nations or to
further United States law enforcement objectives, or that the
circumstances which caused the individual to be included on
the list have changed sufficiently to justify the removal of
the individual from the list.
(d) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall submit a
report, in classified form if necessary, to the Committees on
Appropriations describing the evidence considered in
determining involvement pursuant to subsection (a).
COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN
Sec. 699M. (a) Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a comprehensive nuclear threat reduction and
security plan, in classified and unclassified forms--
(1) for ensuring that all nuclear weapons and weapons-
usable material at vulnerable sites are secure by 2012
against the threats that terrorists have shown they can pose;
and
(2) for working with other countries to ensure adequate
accounting and security for such materials on an ongoing
basis thereafter.
(b) For each element of the accounting and security effort
described under subsection (a)(2), the plan shall--
(1) clearly designate agency and departmental
responsibility and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones to be
achieved;
(3) provide estimates of the program budget requirements
and resources to meet the goals for each year;
(4) provide the strategy for diplomacy and related tools
and authority to accomplish the program element;
(5) provide a strategy for expanding the financial support
and other assistance provided by other countries,
particularly Russia, the European Union and its member
states, China, and Japan, for the purposes of securing
nuclear weapons and weapons-usable material worldwide; and
(6) outline the progress in and impediments to securing
agreement from all countries that possess nuclear weapons or
weapons-usable material on a set of global nuclear security
standards, consistent with their obligation to comply with
United Nations Security Council Resolution 1540.
PROHIBITION ON PROMOTION OF TOBACCO
Sec. 699N. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
UNOBLIGATED FUNDS RESCISSIONS
Sec. 699O. (a) Of the funds appropriated under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States that are available for tied-aid grants in title
I of Public Law 107-115 and under such heading in prior Acts
making appropriations for foreign operations, export
financing, and related programs, $25,000,000 are rescinded.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'' in prior Acts making appropriations for
foreign operations, export financing, and related programs,
$133,000,000 are rescinded.
ACROSS-THE-BOARD RESCISSION
Sec. 699P. (a) Bill-wide Rescissions.--There is hereby
rescinded an amount equal to .81 percent of the budget
authority provided for fiscal year 2008 for any discretionary
account in this Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying explanatory statements for the relevant fiscal
year covering such account or item, or for accounts and items
not included in appropriation Acts, as delineated in the most
recently submitted President's budget).
(c) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations a report specifying the account and amount of
each rescission made pursuant to this section.
(d) Exception.--The rescission in subsection (a) shall not
apply to funds provided in this Act designated as described
in section 5 (in the matter preceding division A of this
consolidated Act).
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2008''.
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Salaries and Expenses
For necessary expenses of the Office of the Secretary,
$91,782,000, of which not to exceed $2,310,000 shall be
available for the immediate Office of the Secretary; not to
exceed $730,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $18,720,000 shall be
available for the Office of the General Counsel; not to
exceed $9,874,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$9,417,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,383,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $23,750,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $1,986,000 shall be available
for the Office of Public Affairs; not to exceed $1,516,000
shall be available for the Office of the Executive
Secretariat; not to exceed $1,335,000 shall be available for
the Office of Small and Disadvantaged Business Utilization;
not to exceed $7,874,000 for the Office of Intelligence,
Security, and Emergency Response; and not to exceed
$11,887,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$9,140,900.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $13,883,900.
Working Capital Fund
Necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $128,094,000,
shall be paid from appropriations made available to the
Department of Transportation: Provided, That such services
shall be provided on a competitive basis to entities within
the Department of Transportation: Provided further, That the
above limitation on operating expenses shall not apply to
non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without the
approval of the agency modal administrator: Provided further,
That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
Minority Business Resource Center Program
For the cost of guaranteed loans, $370,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000. In addition, for administrative expenses
to carry out the guaranteed loan program, $523,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $2,970,000, to remain available until
September 30, 2009: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
Payments to Air Carriers
(Airport and Airway Trust Fund)
(including transfer of funds)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $60,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That, in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That, if the funds under this
heading are insufficient to meet the
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costs of the essential air service program in the current
fiscal year, the Secretary shall transfer such sums as may be
necessary to carry out the essential air service program from
any available amounts appropriated to or directly
administered by the Office of the Secretary for such fiscal
year.
compensation for air carriers
(rescission)
Of the remaining unobligated balances under section
101(a)(2) of Public Law 107-42, $22,000,000 are rescinded.
Administrative Provisions--Office of the Secretary of Transportation
Sec. 101. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salaries
and expenses'' to ``Minority Business Outreach''.
Sec. 102. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 103. None of the funds made available under this Act
may be obligated or expended to establish or implement a
program under which essential air service communities are
required to assume subsidy costs commonly referred to as the
EAS local participation program.
Federal Aviation Administration
Operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 108-176, $8,740,000,000, of which
$6,397,060,900 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $6,969,638,000 shall be
available for air traffic organization activities; not to
exceed $1,082,602,000 shall be available for aviation safety
activities; not to exceed $12,549,000 shall be available for
commercial space transportation activities; not to exceed
$100,593,000 shall be available for financial services
activities; not to exceed $91,214,000 shall be available for
human resources program activities; not to exceed
$286,848,000 shall be available for region and center
operations and regional coordination activities; not to
exceed $162,351,000 shall be available for staff offices; and
not to exceed $38,650,000 shall be available for information
services: Provided, That not to exceed 2 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation by more than 2 percent: Provided further,
That any transfer in excess of 2 percent shall be treated as
a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary utilize not less than
$6,000,000 of the funds provided for aviation safety
activities to pay for staff increases in the Office of
Aviation Flight Standards and the Office of Aircraft
Certification: Provided further, That not later than March 31
of each fiscal year hereafter, the Administrator of the
Federal Aviation Administration shall transmit to Congress an
annual update to the report submitted to Congress in December
2004 pursuant to section 221 of Public Law 108-176: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 for each day after March 31 that such report has
not been submitted to the Congress: Provided further, That
funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds in this Act shall be
available for the Federal Aviation Administration to finalize
or implement any regulation that would promulgate new
aviation user fees not specifically authorized by law after
the date of the enactment of this Act: Provided further, That
there may be credited to this appropriation funds received
from States, counties, municipalities, foreign authorities,
other public authorities, and private sources, for expenses
incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of
the funds appropriated under this heading, not less than
$8,500,000 shall be for the contract tower cost-sharing
program: Provided further, That none of the funds in this Act
shall be available for paying premium pay under 5 U.S.C.
5546(a) to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay: Provided further, That
none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided
further, That none of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of air
navigation and experimental facilities and equipment, as
authorized under part A of subtitle VII of title 49, United
States Code, including initial acquisition of necessary sites
by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at
remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft
from funds available under this heading, including aircraft
for aviation regulation and certification; to be derived from
the Airport and Airway Trust Fund, $2,513,611,000, of which
$2,053,638,000 shall remain available until September 30,
2010, and of which $459,973,000 shall remain available until
September 30, 2008: Provided, That there may be credited to
this appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal
year 2009 President's budget, the Secretary of Transportation
shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years
2009 through 2013, with total funding for each year of the
plan constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$146,828,100, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2010:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$4,399,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,514,500,000 in fiscal year 2008,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding any other provision of law, of funds limited
under this heading, not more than $80,676,000 shall be
obligated for administration, not less than $10,000,000 shall
be available for the airport cooperative research program,
not less than $18,712,000 shall be for Airport Technology
Research and $10,000,000, to remain available until expended,
shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small
Community Air Service Development Program.
(rescission)
Of the amounts authorized under sections 48103 and 48112 of
title 49, United States Code, $185,500,000 is rescinded from
amounts authorized for the fiscal year ending September 30,
2007 and prior years; and $85,000,000 is rescinded from
amounts authorized for the fiscal year ending September 30,
2008.
Administrative Provisions--Federal Aviation Administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 425 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2008.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the
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Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to
air traffic control, air navigation, or weather reporting:
Provided, That the prohibition of funds in this section does
not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport
sponsors to provide land without cost to the FAA for air
traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303: Provided, That during fiscal year 2008, 49
U.S.C. 41742(b) shall not apply, and any amount remaining in
such account at the close of that fiscal year may be made
available to satisfy section 41742(a)(1) for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. (a) Section 44302(f)(1) of title 49, United
States Code, is amended by striking ``2006,'' each place it
appears and inserting ``2008,''.
(b) Section 44303(b) of such title is amended by striking
``2006,'' and inserting ``2008,''.
Sec. 115. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 116. Extension of Taxes and Expenditure Authority
Relating to Airport and Airway Trust Fund. (a) Fuel Taxes.--
Subparagraph (B) of section 4081(d)(2) of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2007'' and inserting ``February 29, 2008''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of such
Code is amended by striking ``September 30, 2007'' and
inserting ``February 29, 2008''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``September 30, 2007'' and
inserting ``February 29, 2008''.
(c) Airport and Airway Trust Fund Expenditure Authority.--
(1) In general.--Paragraph (1) of section 9502(d) of such
Code is amended--
(A) by striking ``October 1, 2007'' and inserting ``March
1, 2008'', and
(B) by inserting ``or the Department of Transportation
Appropriations Act, 2008'' in subparagraph (A) before the
semicolon at the end.
(2) Conforming amendment.--Paragraph (2) of section 9502(f)
of such Code is amended by striking ``October 1, 2007'' and
inserting ``March 1, 2008''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.
Sec. 117. Labor Integration. (a) Labor Integration.--With
respect to any covered transaction involving two or more
covered air carriers that results in the combination of
crafts or classes that are subject to the Railway Labor Act
(45 U.S.C. 151 et seq.), sections 3 and 13 of the labor
protective provisions imposed by the Civil Aeronautics Board
in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45)
shall apply to the integration of covered employees of the
covered air carriers; except that--
(1) if the same collective bargaining agent represents the
combining crafts or classes at each of the covered air
carriers, that collective bargaining agent's internal
policies regarding integration, if any, will not be affected
by and will supersede the requirements of this section; and
(2) the requirements of any collective bargaining agreement
that may be applicable to the terms of integration involving
covered employees of a covered air carrier shall not be
affected by the requirements of this section as to the
employees covered by that agreement, so long as those
provisions allow for the protections afforded by sections 3
and 13 of the Allegheny-Mohawk provisions.
(b) Definitions.--In this section, the following
definitions apply:
(1) Air carrier.--The term ``air carrier'' means an air
carrier that holds a certificate issued under chapter 411 of
title 49, United States Code.
(2) Covered air carrier.--The term ``covered air carrier''
means an air carrier that is involved in a covered
transaction.
(3) Covered employee.--The term ``covered employee'' means
an employee who--
(A) is not a temporary employee; and
(B) is a member of a craft or class that is subject to the
Railway Labor Act (45 U.S.C. 151 et seq.).
(4) Covered transaction.--The term ``covered transaction''
means--
(A) a transaction for the combination of multiple air
carriers into a single air carrier; and which
(B) involves the transfer of ownership or control of--
(i) 50 percent or more of the equity securities (as defined
in section 101 of title 11, United States Code) of an air
carrier; or
(ii) 50 percent or more (by value) of the assets of the air
carrier.
(c) Application.--This section shall not apply to any
covered transaction involving a covered air carrier that took
place before the date of enactment of this Act.
(d) Effectiveness of Provision.--This section shall become
effective on the date of enactment of this Act and shall
continue in effect in fiscal years after fiscal year 2008.
Federal Highway Administration
limitation on administrative expenses
Not to exceed $377,556,000, together with advances and
reimbursements received by the Federal Highway
Administration, shall be paid in accordance with law from
appropriations made available by this Act to the Federal
Highway Administration for necessary expenses for
administration and operation.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $40,216,051,359 for Federal-aid
highways and highway safety construction programs for fiscal
year 2008: Provided, That within the $40,216,051,359
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $429,800,000
shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23,
United States Code; sections 111, 5505, and 5506 of title 49,
United States Code; and title 5 of Public Law 109-59) for
fiscal year 2008: Provided further, That this limitation on
transportation research programs shall not apply to any
authority previously made available for obligation: Provided
further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend
fees to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(Additional Obligation Limitation)
(Highway Trust Fund)
For an additional amount of obligation limitation to be
distributed for the purpose of section 144(e) of title 23,
United States Code, $1,000,000,000: Provided, That such
obligation limitation shall be used only for a purpose
eligible for obligation with funds apportioned under such
section and shall be distributed in accordance with the
formula in such section: Provided further, That such
obligation limitation shall remain available for a period of
three fiscal years and shall be in addition to the amount of
any limitation imposed on obligations for Federal-aid highway
and highway safety construction programs for future fiscal
years: Provided further, That in distributing obligation
authority under this paragraph, the Secretary shall ensure
that such obligation limitation shall supplement and not
supplant each State's planned obligations for such purposes.
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways, not
otherwise provided, including reimbursement for sums expended
pursuant to the provisions of 23 U.S.C. 308, $41,955,051,359
or so much thereof as may be available in and derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
(RESCISSION)
(HIGHWAY TRUST FUND)
Of the unobligated balances of funds apportioned to each
State under chapter 1 of title 23, United States Code,
$3,150,000,000 are rescinded: Provided, That such rescission
shall not apply to the funds distributed in accordance with
sections 130(f) and 104(b)(5) of title 23, United States
Code; sections 133(d)(1) and 163 of such title, as in effect
on the day before the date of enactment of Public Law 109-59;
and the first sentence of section 133(d)(3)(A) of such title.
I-35W BRIDGE REPAIR AND RECONSTRUCTION
For necessary expenses to carry out the project for repair
and reconstruction of the Interstate 35W bridge located in
Minneapolis, Minnesota, that collapsed on August 1, 2007, as
authorized under section 1(c) of Public Law 110-56, up to
$195,000,000, as documented by the Minnesota Department of
Transportation to remain available until expended: Provided,
That the amount provided under this heading is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act): Provided further, That the Federal
share of the costs of any project funded using amounts made
available under this section shall be 100 percent in
accordance with section 1(b) of Public Law 110-56.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for West Virginia corridor H of the
Appalachian Development Highway System as authorized under
section 1069(y) of Public Law 102-240, as amended,
$15,680,000, to remain available until expended.
DELTA REGIONAL TRANSPORTATION DEVELOPMENT PROGRAM
For necessary expenses for the Delta Regional
Transportation Development Program as authorized under
section 1308 of Public Law 109-59, $14,014,000, to remain
available until expended.
Administrative Provisions--Federal Highway Administration
(including rescissions)
Sec. 120. (a) For fiscal year 2008, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code;
[[Page H15699]]
programs funded from the administrative takedown authorized
by section 104(a)(1) of title 23, United States Code (as in
effect on the date before the date of enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users); the highway use tax evasion program; the
programs, projects and activities funded by the set aside
authorized by section 129 of this Act; the Bureau of
Transportation Statistics; and additional obligation
limitation provided in this Act for the purpose of section
144(e) of title 23, United States Code;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highways and highway safety programs for previous fiscal
years the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; sections 117 (but
individually for each project numbered 1 through 3676 listed
in the table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users) and 144(g) of title 23, United States Code;
and section 14501 of title 40, United States Code, so that
the amount of obligation authority available for each of such
sections is equal to the amount determined by multiplying the
ratio determined under paragraph (3) by the sums authorized
to be appropriated for that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs
that are allocated by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code (other than
to programs to which paragraphs (1) and (4) apply), by
multiplying the ratio determined under paragraph (3) by the
amounts authorized to be appropriated for each such program
for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but
only to the extent that the amounts apportioned for the
equity bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary under
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users and title 23, United States
Code, in the ratio that--
(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations: (1) under section 125 of title 23, United States
Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-
Aid Highway Act of 1981; (4) under subsections (b) and (j) of
section 131 of the Surface Transportation Assistance Act of
1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in
effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under
section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal
to $639,000,000 for each of those fiscal years; (9) for
Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for
the 21st Century or subsequent public laws for multiple years
or to remain available until used, but only to the extent
that the obligation authority has not lapsed or been used;
(10) under section 105 of title 23, United States Code, but
only in an amount equal to $639,000,000 for each of fiscal
years 2005 through 2008; and (11) under section 1603 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users, to the extent that funds obligated
in accordance with that section were not subject to a
limitation on obligations at the time at which the funds were
initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if
the amount distributed cannot be obligated during that fiscal
year and redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, and title V
(research title) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users,
except that obligation authority made available for such
programs under such limitation shall remain available for a
period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Federal-
aid highway and highway safety construction programs for
future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section
133(b) of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(a)(4) for the provision specified in subsection (a)(4)
shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section
in the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on
the date on which obligation authority is distributed under
this section for the next fiscal year following obligation
under paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution of
obligation authority under subsection (a)(4)(A) for each of
the individual projects numbered greater than 3676 listed in
the table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highways and highway
safety construction.
Sec. 122. Of the unobligated balances made available under
sections 1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108
of Public Law 102-240, $1,292,287.73 are rescinded.
Sec. 123. Of the unobligated balances made available under
section 1602 of Public Law 105-178, $5,987,345.70 are
rescinded.
Sec. 124. Of the unobligated balances made available under
section 188(a)(1) of title 23, United States Code, as in
effect on the day before the date of enactment of Public Law
109-59, and under section 608(a)(1) of such title,
$256,806,000 are rescinded.
Sec. 125. Of the amounts made available under section
104(a) of title 23, United States Code, $43,358,601 are
rescinded.
Sec. 126. Of the unobligated balances of funds made
available in fiscal year 2005 and prior fiscal years for the
implementation or execution of programs for transportation
research, training and education, and technology deployment
including intelligent transportation systems, $239,801,603
are rescinded.
Sec. 127. Of the amounts made available for ``Highway
Related Safety Grants'' by section 402 of title 23, United
States Code, and administered by the Federal Highway
Administration, $11,314 in unobligated balances are
rescinded.
Sec. 128. Of the unobligated balances made available under
Public Law 101-516, Public Law 102-143, Public Law 103-331,
Public Law 106-346, Public Law 107-87, and Public Law 108-7,
$4,753,687.26 are rescinded.
Sec. 129. Notwithstanding any other provision of law, the
Secretary of Transportation shall set aside from revenue
aligned budget authority authorized for fiscal year 2008
under section 110 of title 23, United States Code, such sums
as may be necessary for the programs, projects and activities
at the level of 98 percent of the corresponding amounts
identified under this section in the explanatory statement
accompanying this Act: Provided, That funds set aside by this
[[Page H15700]]
section, at the request of a State, shall be transferred by
the Secretary to another Federal agency: Provided further,
That the Federal share payable on account of any program,
project, or activity carried out with funds set aside by this
section shall be 100 percent: Provided further, That the sums
set aside by this section shall remain available until
expended: Provided further, That all funds set aside by this
section shall be subject to any limitation on obligations for
Federal-aid highways and highway safety construction programs
set forth in this Act or any other Act: Provided further,
That the obligation limitation made available for the
programs, projects, and activities for which funds are set
aside by this section shall remain available until used and
shall be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years: Provided
further, That amounts authorized for fiscal year 2008 for
revenue aligned budget authority under such section in excess
of the amount set aside by the first clause of this section
are rescinded.
Sec. 130. Not less than 15 days prior to waiving, under her
statutory authority, any Buy America requirement for Federal-
aid highway projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report
to the Appropriations Committees of the Congress on any
waivers granted under the Buy America requirements.
Sec. 131. Notwithstanding any other provision of law,
amounts authorized for fiscal year 2008 for programs under
sections 1305 and 1502 of Public Law 109-59 and section
503(b) of title 23, United States Code, are rescinded.
Federal Motor Carrier Safety Administration
Motor Carrier Safety Operations and Programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred for administration of
motor carrier safety operations and programs pursuant to
section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109-59, $229,654,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration,
the sum of which shall remain available until expended:
Provided, That none of the funds derived from the Highway
Trust Fund in this Act shall be available for the
implementation, execution or administration of programs, the
obligations for which are in excess of $229,654,000, for
``Motor Carrier Safety Operations and Programs'', of which
$8,900,000, to remain available for obligation until
September 30, 2010, is for the research and technology
program and $1,000,000 shall be available for commercial
motor vehicle operator's grants to carry out section 4134 of
Public Law 109-59: Provided further, That notwithstanding any
other provision of law, none of the funds under this heading
for outreach and education shall be available for transfer:
Provided further, That $1,815,553 in unobligated balances are
rescinded.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313
of title 49, United States Code, and sections 4126 and 4128
of Public Law 109-59, $300,000,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $300,000,000, for ``Motor Carrier
Safety Grants''; of which $202,000,000 shall be available for
the motor carrier safety assistance program to carry out
sections 31102 and 31104(a) of title 49, United States Code;
$25,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of
title 49, United States Code; $32,000,000 shall be available
for the border enforcement grants program to carry out
section 31107 of title 49, United States Code; $5,000,000
shall be available for the performance and registration
information system management program to carry out sections
31106(b) and 31109 of title 49, United States Code;
$25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program to carry
out section 4126 of Public Law 109-59; $3,000,000 shall be
available for the safety data improvement program to carry
out section 4128 of Public Law 109-59; and $8,000,000 shall
be available for the commercial driver's license information
system modernization program to carry out section 31309(e) of
title 49, United States Code: Provided further, That of the
funds made available for the motor carrier safety assistance
program, $29,000,000 shall be available for audits of new
entrant motor carriers: Provided further, That $11,260,214 in
unobligated balances are rescinded.
Motor Carrier Safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $32,187,720 in unobligated balances are
rescinded.
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Act, $5,212,858 in unobligated balances are
rescinded.
Administrative Provisions--Federal Motor Carrier Safety Administration
Sec. 135. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety
and security of transportation into the United States by
Mexico-domiciled motor carriers.
Sec. 136. None of the funds made available under this Act
may be used to establish a cross-border motor carrier
demonstration program to allow Mexico-domiciled motor
carriers to operate beyond the commercial zones along the
international border between the United States and Mexico.
National Highway Traffic Safety Administration
Operations and Research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
subtitle C of title X of Public Law 109-59, chapter 301 of
title 49, United States Code, and part C of subtitle VI of
title 49, United States Code, $126,572,000, of which
$26,156,000 shall remain available until September 30, 2010:
Provided, That none of the funds appropriated by this Act may
be obligated or expended to plan, finalize, or implement any
rulemaking to add to section 575.104 of title 49 of the Code
of Federal Regulations any requirement pertaining to a
grading standard that is different from the three grading
standards (treadwear, traction, and temperature resistance)
already in effect.
Operations and Research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, $107,750,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account)
and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in
fiscal year 2008, are in excess of $107,750,000 for programs
authorized under 23 U.S.C. 403.
National Driver Register
(Liquidation of contract authorization)
(Limitation on obligations)
(Highway trust fund)
For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $4,000,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the
total obligations for which, in fiscal year 2008, are in
excess of $4,000,000 for the National Driver Register
authorized under such chapter.
Highway Traffic Safety Grants
(Liquidation of contract authorization)
(Limitation on obligations)
(Highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and
sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
59, to remain available until expended, $599,250,000 to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2008, are in excess of $599,250,000 for programs authorized
under 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of
which $225,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405;
$124,500,000 shall be for ``Safety Belt Performance Grants''
under 23 U.S.C. 406; $34,500,000 shall be for ``State Traffic
Safety Information System Improvements'' under 23 U.S.C. 408;
$131,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Incentive Grant Program'' under 23 U.S.C.
410; $18,250,000 shall be for ``Administrative Expenses''
under section 2001(a)(11) of Public Law 109-59; $29,000,000
shall be for ``High Visibility Enforcement Program'' under
section 2009 of Public Law 109-59; $6,000,000 shall be for
``Motorcyclist Safety'' under section 2010 of Public Law 109-
59; and $6,000,000 shall be for ``Child Safety and Child
Booster Seat Safety Incentive Grants'' under section 2011 of
Public Law 109-59: Provided further, That none of these funds
shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State,
local or private buildings or structures: Provided further,
That not to exceed $500,000 of the funds made available for
section 410 ``Alcohol-Impaired Driving Countermeasures
Grants'' shall be available for technical assistance to the
States: Provided further, That not to exceed $750,000 of the
funds made available for the ``High Visibility Enforcement
Program'' shall be available for the evaluation required
under section 2009(f) of Public Law 109-59.
Administrative Provisions--National Highway
Traffic Safety Administration
(including rescissions)
Sec. 140. Notwithstanding any other provision of law or
limitation on the use of funds made
[[Page H15701]]
available under section 403 of title 23, United States Code,
an additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. Of the amounts made available under the heading
``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $12,197,113.60 in
unobligated balances are rescinded.
Sec. 142. Of the amounts made available under the heading
``National Driver Register (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $119,914.61 in
unobligated balances are rescinded.
Sec. 143. Of the amounts made available under the heading
``Highway Traffic Safety Grants (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $10,528,958 in
unobligated balances are rescinded.
Federal Railroad Administration
Safety and Operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $150,193,499, of
which $12,268,890 shall remain available until expended.
Railroad Research and Development
For necessary expenses for railroad research and
development, $35,964,400, to remain available until expended.
Capital Assistance to States--Intercity
Passenger Rail Service
To enable the Federal Railroad Administrator to make
grants to States for the capital costs of improving existing
intercity passenger rail service and providing new intercity
passenger rail service, $30,000,000, to remain available
until expended: Provided, That grants shall be provided to a
State only on a reimbursable basis: Provided further, That
grants cover no more than 50 percent of the total capital
cost of a project selected for funding: Provided further,
That no more than ten percent of funds made available under
this program may be used for planning activities that lead
directly to the development of a passenger rail corridor
investment plan consistent with the requirements established
by the Administrator: Provided further, That no later than
eight months following enactment of this Act, the Secretary
shall establish and publish criteria for project selection,
set a deadline for grant applications, and provide a schedule
for project selection: Provided further, That to be eligible
for this assistance, States must include intercity passenger
rail service as an integral part of statewide transportation
planning as required under section 135 of title 23, United
States Code: Provided further, That to be eligible for
capital assistance the specific project must be on the
Statewide Transportation Improvement Plan at the time of the
application to qualify: Provided further, That the Secretary
give priority to capital and planning applications for
projects that improve the safety and reliability of intercity
passenger trains, involve a commitment by freight railroads
to an enforceable on-time performance of passenger trains of
80 percent or greater, involve a commitment by freight
railroads of financial resources commensurate with the
benefit expected to their operations, improve or extend
service on a route that requires little or no Federal
assistance for its operations, and involve a commitment by
States or railroads of financial resources to improve the
safety of highway/rail grade crossings over which the
passenger service operates.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium
during fiscal year 2008.
rail line relocation and improvement program
For necessary expenses of carrying out section 20154 of
title 49, United States Code, as authorized by section 9002
of Public Law 109-59, $20,145,000, to remain available until
expended.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for
operation of intercity passenger rail, $475,000,000 to remain
available until expended: Provided, That the Secretary of
Transportation shall approve funding to cover operating
losses for the Corporation only after receiving and reviewing
a grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by
a detailed financial analysis, revenue projection, and
capital expenditure projection justifying the Federal support
to the Secretary's satisfaction: Provided further, That the
Corporation is directed to achieve savings through operating
efficiencies including, but not limited to, modifications to
food and beverage service and first class service: Provided
further, That the Inspector General of the Department of
Transportation shall report to the House and Senate
Committees on Appropriations beginning three months after the
date of the enactment of this Act and quarterly thereafter
with estimates of the savings accrued as a result of all
operational reforms instituted by the Corporation: Provided
further, That not later than 120 days after enactment of this
Act, the Corporation shall transmit to the House and Senate
Committees on Appropriations the status of its plan to
improve the financial performance of food and beverage
service and its plan to improve the financial performance of
first class service (including sleeping car service):
Provided further, That the Corporation shall report quarterly
to the House and Senate Committees on Appropriations on its
progress against the milestones and target dates contained in
the plan provided in fiscal year 2007 and quantify savings
realized to date on a monthly basis compared to those
projected in the plan, identify any changes in the plan or
delays in implementing these plans, and identify the causes
of delay and proposed corrective measures: Provided further,
That not later than 90 days after enactment of this Act, the
Corporation shall transmit, in electronic format, to the
Secretary, the House and Senate Committees on Appropriations,
the House Committee on Transportation and Infrastructure and
the Senate Committee on Commerce, Science, and Transportation
a comprehensive business plan approved by the Board of
Directors for fiscal year 2008 under section 24104(a) of
title 49, United States Code: Provided further, That the
business plan shall include, as applicable, targets for
ridership, revenues, and capital and operating expenses:
Provided further, That the plan shall also include a separate
accounting of such targets for the Northeast Corridor;
commuter service; long-distance Amtrak service; State-
supported service; each intercity train route, including
Autotrain; and commercial activities including contract
operations: Provided further, That the business plan shall
include a description of the work to be funded, along with
cost estimates and an estimated timetable for completion of
the projects covered by this business plan: Provided further,
That the Corporation shall continue to provide monthly
reports in electronic format regarding the pending business
plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such
changes, and shall identify all sole source contract awards
which shall be accompanied by a justification as to why said
contract was awarded on a sole source basis: Provided
further, That the Corporation's business plan and all
subsequent supplemental plans shall be displayed on the
Corporation's website within a reasonable timeframe following
their submission to the appropriate entities: Provided
further, That none of the funds under this heading may be
obligated or expended until the Corporation agrees to
continue abiding by the provisions of paragraphs 1, 2, 5, 9,
and 11 of the summary of conditions for the direct loan
agreement of June 28, 2002, in the same manner as in effect
on the date of enactment of this Act: Provided further, That
none of the funds provided in this Act may be used after
March 1, 2006, to support any route on which Amtrak offers a
discounted fare of more than 50 percent off the normal, peak
fare: Provided further, That the preceding proviso does not
apply to routes where the operating loss as a result of the
discount is covered by a State and the State participates in
the setting of fares: Provided further, That of the amounts
made available under this heading not less than $18,500,000
shall be available for the Amtrak Office of Inspector
General.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
maintenance and repair of capital infrastructure owned by the
Corporation, including railroad equipment, rolling stock,
legal mandates and other services, $850,000,000, to remain
available until expended, of which not to exceed $285,000,000
shall be for debt service obligations: Provided, That the
Secretary may retain up to one-quarter of one percent of the
funds under this heading to fund the oversight by the Federal
Railroad Administration of the design and implementation of
capital projects funded by grants made under this heading:
Provided further, That the Secretary shall approve funding
for capital expenditures, including advance purchase orders
of materials, for the Corporation only after receiving and
reviewing a grant request for each specific capital grant
justifying the Federal support to the Secretary's
satisfaction: Provided further, That none of the funds under
this heading may be used to subsidize operating losses of the
Corporation: Provided further, That none of the funds under
this heading may be used for capital projects not approved by
the Secretary of Transportation or on the Corporation's
fiscal year 2008 business plan: Provided further, That
$35,000,000 of amounts made available under this heading
shall be available until expended for capital improvements if
the Corporation demonstrates to the Secretary's satisfaction
that the Corporation has achieved operational savings and met
ridership and revenue targets as defined in the Corporation's
business plan: Provided further, That of the funds provided
under this section, not less than $5,000,000 shall be
expended for the development and implementation of a
managerial cost accounting system, which includes average and
marginal unit cost capability: Provided further, That within
90 days of enactment, the Department of Transportation
Inspector General shall review and comment to the Secretary
of Transportation and the House and Senate Committees on
Appropriations upon the strengths and weaknesses of the
system being developed by the Corporation and how it best can
be implemented to improve decision making by the Board of
Directors and management of the Corporation: Provided
further, That
[[Page H15702]]
not later than 180 days after the enactment of this Act, the
Secretary, in consultation with the Corporation and the
States on the Northeast Corridor, shall establish a common
definition of what is determined to be a ``state of good
repair'' on the Northeast Corridor and report its findings,
including definitional areas of disagreement, to the House
and Senate Committees on Appropriations, the House Committee
on Transportation and Infrastructure and the Senate Committee
on Commerce, Science, and Transportation.
Administrative Provisions--Federal Railroad Administration
Sec. 150. Notwithstanding any other provision of this Act,
funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation
contracts to have services provided at or from any location
outside the United States. For purposes of this section, the
word ``services'' shall mean any service that was, as of July
1, 2006, performed by a full-time or part-time Amtrak
employee whose base of employment is located within the
United States.
Sec. 151. Not later than January 1, 2008, the Federal
Railroad Administrator shall submit a report, and quarterly
reports thereafter, to the House and Senate Committees on
Appropriations detailing the Administrator's efforts at
improving the on-time performance of Amtrak intercity rail
service operating on non-Amtrak owned property. Such reports
shall compare the most recent actual on-time performance data
to pre-established on-time performance goals that the
Administrator shall set for each rail service, identified by
route. Such reports shall also include whatever other
information and data regarding the on-time performance of
Amtrak trains the Administrator deems to be appropriate.
Sec. 152. The Secretary may purchase promotional items of
nominal value for use in public outreach activities to
accomplish the purposes of 49 U.S.C. 20134: Provided, That
the Secretary shall prescribe guidelines for the
administration of such purchases and use.
Sec. 153. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third party liability for such damages, and any amounts
collected under this subsection shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.
Federal Transit Administration
Administrative Expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $89,300,000: Provided, That of
the funds available under this heading, not to exceed
$1,504,000 shall be available for travel and not to exceed
$20,719,000 shall be available for the central account:
Provided further, That any funding transferred from the
central account shall be submitted for approval to the House
and Senate Committees on Appropriations: Provided further,
That none of the funds provided or limited in this Act may be
used to create a permanent office of transit security under
this heading: Provided further, That of the funds in this Act
available for the execution of contracts under section
5327(c) of title 49, United States Code, $2,000,000 shall be
reimbursed to the Department of Transportation's Office of
Inspector General for costs associated with audits and
investigations of transit-related issues, including reviews
of new fixed guideway systems: Provided further, That upon
submission to the Congress of the fiscal year 2009
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on new starts,
including proposed allocations of funds for fiscal year 2009.
FORMULA AND BUS GRANTS
(Liquidation of Contract Authority)
(Limitation on Obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, $6,855,000,000, to be derived
from the Mass Transit Account of the Highway Trust Fund and
to remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310,
5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105-178, as amended, shall not exceed total
obligations of $7,767,887,062 in fiscal year 2008: Provided
further, That of the funds available to carry out the bus
program under section 5309 of title 49, United States Code,
which are not otherwise allocated under this act or under
SAFETEA-LU (Public Law 109-59), not more than 10 percent may
be expended in furtherance of the Department of
Transportation's ``National Strategy to Reduce Congestion on
America's Transportation Network'' issued May, 2006 by
Secretary of Transportation, the Honorable Norman Mineta;
also known as the ``Congestion Initiative'' or any other new
highway congestion initiative: Provided further, That
$28,660,920 in unobligated balances are rescinded.
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $65,362,900, to remain available until
expended: Provided, That $9,300,000 is available to carry out
the transit cooperative research program under section 5313
of title 49, United States Code, $4,300,000 is available for
the National Transit Institute under section 5315 of title
49, United States Code, and $7,000,000 is available for
university transportation centers program under section 5506
of title 49, United States Code: Provided further, That
$44,762,900 is available to carry out national research
programs under sections 5312, 5313, 5314, and 5322 of title
49, United States Code.
Capital Investment Grants
For necessary expenses to carry out section 5309 of title
49, United States Code, $1,569,091,997, to remain available
until expended: Provided, That of the funds available under
this heading, amounts are to be made available as follows:
AC Transit BRT Corridor--Alameda County, California,
$490,000.
Alaska and Hawaii ferry projects, $15,000,000.
Bus Rapid Transit, Cumberland County, Pennsylvania,
$294,000.
Central Corridor Light Rail, Minnesota, $10,192,000.
Central Link Initial Segment, Washington, $68,600,000.
Central LRT Double-Track--Largo Extension, Maryland,
$34,300,000.
Central Phoenix/East Valley Light Rail, Arizona,
$88,200,000.
Charlotte Rapid Transit, North Carolina, $1,960,000.
CORRIDORone Regional Rail Project, Pennsylvania,
$10,976,000.
DCTA Fixed Guideway/Engineering, Lewisville, Texas,
$245,000.
Denali Commission, Alaska, $5,000,000.
Dulles Corridor Metrorail Project, Virginia, $34,300,000.
Galveston Rail Trolley, Texas, $1,960,000.
Honolulu High Capacity Transit Corridor, Hawaii,
$15,190,000.
Hudson-Bergen MOS-2, New Jersey, $54,089,135.
I-205/Portland Mall Light Rail, Oregon, $78,400,000.
I-69 HOV/BRT, Mississippi, $7,546,000.
JTA Bus Rapid Transit, Jacksonville, Florida, $9,329,600.
Lane Transit District, Pioneer Parkway EmX Corridor,
Oregon, $14,504,000.
Long Island Rail Road East Side Access, New York,
$210,700,000.
MARC Commuter Rail Improvements and Rolling Stock,
Maryland, $9,800,000.
MBTA Fitchburg to Boston Rail Corridor Project,
Massachusetts, $5,880,000.
METRA Connects Southeast Service, Illinois, $7,227,500.
METRA Star Line, Illinois, $7,227,500.
METRA Union Pacific Northwest Line, Illinois, $7,227,500.
METRA Union Pacific West Line, Illinois, $7,227,500.
Metro Gold Line Eastside Extension, California,
$78,400,000.
Metrorail Orange Line Expansion, Florida, $1,960,000.
Metro Rapid Bus System Gap Closure, Los Angeles,
California, $16,347,380.
Mid-Jordan Light Rail Extension, Utah, $19,600,000.
Monmouth-Ocean-Middlesex County Passenger Rail, New Jersey,
$980,000.
New Britain-Hartford Busway, Connecticut, $3,271,632.
Norfolk Light Rail Project, Virginia, $23,030,000.
North Corridor, Houston and Southeast Corridor, Texas,
$19,600,000.
North Shore Corridor & Blue Line, Massachusetts,
$1,960,000.
NorthStar Commuter, Minnesota, $53,900,000.
Northern Indiana Commuter Transit District
Recapitalization, Indiana, $4,900,000.
North Shore LRT Connector, Pennsylvania, $32,846,115.
Northwest NJ-Northeast PA, Pennsylvania, $2,940,000.
NW/SE LRT MOS, Texas, $84,525,000.
Pacific Highway South BRT, King County, Washington,
$13,794,480.
Perris Valley Line Metrolink Extension, California,
$1,960,000.
Pawtucket/Central Falls Commuter Rail Station, Rhode
Island, $1,960,000.
Planning and Design, Bus Rapid Transit-State Avenue
Corridor, Wyandotte County, Kansas, $1,470,000.
Provo Orem Bus Rapid Transit, Utah, $4,018,000.
Rapid Transit (BRT) project, Livermore, California,
$2,940,000.
Ravenswood Line Extension, Illinois, $39,200,000.
Route 1 Bus Rapid Transit, Potomac Yard-Crystal City,
Alexandria and Arlington, Virginia, $980,000.
Second Avenue Subway Phase 1, New York, $167,810,300.
SMART EIS and PE, California, $1,960,000.
South County Commuter Rail Wickford Junction Station, Rhode
Island, $12,269,449.
Southeast Corridor LRT, Colorado, $50,529,274.
South Sacramento Corridor Phase 2, California, $4,410,000.
Telegraph Avenue-International Boulevard-East 14th Street
Bus Rapid Transit Corridor Improvements, California,
$1,960,000.
Third Street Light Rail, San Francisco, California,
$11,760,000.
Trans-Hudson Midtown Corridor, New Jersey, $14,700,000.
Troost Corridor Bus Rapid Transit, Missouri, $6,134,800.
West Corridor Light Rail Project, Colorado, $39,200,000.
University Link LRT, Washington, $19,600,000.
[[Page H15703]]
VIA Bus Rapid Transit Corridor Project, San Antonio, Texas,
$4,900,000.
Virginia Railway Express Extension--Gainesville/Haymarket,
Virginia, $490,000.
VRE Rolling Stock, Virginia, $3,920,000.
Weber County to Salt Lake City, Utah, $78,400,000.
Administrative Provisions--Federal Transit Administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
made available by this Act under ``Federal Transit
Administration, Capital investment grants'' and bus and bus
facilities under ``Federal Transit Administration, Formula
and bus grants'' for projects specified in this Act or
identified in reports accompanying this Act not obligated by
September 30, 2010, and other recoveries, shall be made
available for other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2007, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for a new fixed guideway
systems projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 164. During fiscal year 2008, each Federal Transit
Administration grant for a project that involves the
acquisition or rehabilitation of a bus to be used in public
transportation shall be funded for 90 percent of the net
capital costs of a biodiesel bus or a factory-installed or
retrofitted hybrid electric propulsion system and any
equipment related to such a system: Provided, That the
Secretary shall have the discretion to determine, through
practicable administrative procedures, the costs attributable
to the system and related-equipment.
Sec. 165. Notwithstanding any other provision of law, in
regard to the Central Link Initial Segment Project, to the
extent that Federal funds remain available within the current
budget for the project, the Secretary shall, immediately upon
the date of enactment of this Act, amend the Full Funding
Grant Agreement for said project to allow remaining Federal
funds to be used to support completion of the Airport Link
extension of said project.
Sec. 166. Amounts provided for a high capacity fixed
guideway light rail and mass transit project for the City of
Albuquerque, New Mexico, in Public Laws 106-69, 106-346 and
107-87 shall be available for bus and bus facilities.
Sec. 167. Any unobligated amounts made available for the
Commuter Rail, Albuquerque to Santa Fe, New Mexico under the
heading ``Capital Investment Grants'' under the heading
``Federal Transit Administration'' in title I of division A
of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2418) shall be made available for public
transportation buses, equipment and facilities related to
such buses, and intermodal terminal in Albuquerque and Santa
Fe, New Mexico, subject to the requirements under section
5309 of title 49, United States Code.
Sec. 168. Notwithstanding any other provision of law, funds
made available for the Las Vegas Resort Corridor Fixed
Guideway Project under the Federal Transit Administration
Capital Investment Grants Account in any previous
Appropriations Act, including Public Laws 108-7, 108-199,
108-447, and any unexpended funds in Federal Transit
Administration grant number NV-03-0019 may hereafter be made
available until expended to the Regional Transportation
Commission of Southern Nevada for bus rapid transit projects
and bus and bus-related projects: Provided, That funds made
available for a project in accordance with this section shall
be administered under the terms and conditions set forth in
49 U.S.C. 5307, to the extent applicable.
Sec. 169. The second sentence of section 321 of the
Department of Transportation and Related Agencies
Appropriations Act, 1986 (99 Stat. 1287) is repealed.
Sec. 170. None of the funds provided or limited under this
Act may be used to issue a final regulation under section
5309 of title 49, United States Code, except that the Federal
Transit Administration may continue to review comments
received on the proposed rule (Docket No. FTA-2006-25737).
Sec. 171. Funds made available to the Putnam County,
Florida for Ride Solutions buses and bus facilities in Public
Laws 108-199, 108-447 and 109-115 that remain unobligated may
be available to Putnam County under the conditions of 49
U.S.C. 5312 to research, develop, fabricate, test,
demonstrate, deploy and evaluate a low floor bus to meet the
needs of Ride Solution in particular, and small urban and
rural operators in general.
Sec. 172. Of the balances available for this fiscal year to
carry out 49 U.S.C. 5309(b) left to the discretion of the
Secretary of Transportation, $104,697,038 are rescinded.
Sec. 173. Of the balances available for this fiscal year to
carry out 49 U.S.C. 5339 left to the discretion of the
Secretary of Transportation, $308,900 are rescinded.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $17,392,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
Maritime Security Program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $156,000,000, to remain available until
expended.
Operations and Training
For necessary expenses of operations and training
activities authorized by law, $121,992,000, of which
$25,720,000 shall remain available until September 30, 2008,
for salaries and benefits of employees of the United States
Merchant Marine Academy; of which $14,139,000 shall remain
available until expended for capital improvements at the
United States Merchant Marine Academy; and of which
$10,500,000 shall remain available until expended for
maintenance and repair of Schoolships at State Maritime
Schools.
Ship Disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $17,000,000, to remain available until
expended.
ASSISTANCE TO SMALL SHIPYARDS
To make grants for capital improvements and related
infrastructure improvements at qualified shipyards that will
facilitate the efficiency, cost-effectiveness, and quality of
domestic ship construction for commercial and Federal
Government use as authorized under section 3506 of Public Law
109-163, $10,000,000, to remain available until expended:
Provided, That to be considered for assistance, a qualified
shipyard shall submit an application for assistance no later
than 60 days after enactment of this Act: Provided further,
That from applications submitted under the previous proviso,
the Secretary of Transportation shall make grants no later
than 120 days after enactment of this Act in such amounts as
the Secretary determines: Provided further, That not to
exceed 2 percent of the funds appropriated under this heading
shall be available for necessary costs of grant
administration.
Maritime Guaranteed Loan (Title XI) Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized,
$8,408,000, of which $5,000,000 shall remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That not to exceed $3,408,000 shall be available for
administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the
appropriation for ``Operations and Training'', Maritime
Administration.
Ship Construction
(rescission)
Of the unobligated balances available under this heading,
$6,673,000 are rescinded.
Administrative Provisions--Maritime Administration
Sec. 175. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease,
contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 176. No obligations shall be incurred during the
current fiscal year from the construction fund established by
the Merchant Marine Act, 1936 (46 U.S.C. 53101 note (cds)),
or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
Administrative Expenses
For necessary administrative expenses of the Pipeline and
Hazardous Materials Safety Administration, $18,130,000, of
which $639,000 shall be derived from the Pipeline Safety
Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $28,000,000, of which $1,761,000 shall
remain available until September 30, 2010: Provided, That up
to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
[[Page H15704]]
Pipeline Safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $79,828,000, of which $18,810,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2010; of which
$61,018,000 shall be derived from the Pipeline Safety Fund,
of which $32,242,000 shall remain available until September
30, 2010: Provided, That not less than $1,043,000 of the
funds provided under this heading shall be for the one-call
State grant program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2009: Provided, That
not more than $28,318,000 shall be made available for
obligation in fiscal year 2008 from amounts made available by
49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or
her designee.
Research and Innovative Technology Administration
Research and Development
For necessary expenses of the Research and Innovative
Technology Administration, $12,000,000, of which $6,036,000
shall remain available until September 30, 2010: Provided,
That there may be credited to this appropriation, to be
available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training.
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $66,400,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading shall be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,324,500:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2008, to result in a final appropriation from the
general fund estimated at no more than $25,074,500.
General Provisions--Department of Transportation
(including transfers of funds)
(including rescission)
Sec. 180. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Research and University Research Centers''
account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway
Administration, the Federal Railroad Administration and the
Federal Transit Administration shall be made available for
the eligible programs, projects and activities at the level
of 98 percent of the corresponding amounts identified in the
explanatory statement accompanying this Act for the ``Delta
Regional Transportation Development Program'', ``Ferry Boats
and Ferry Terminal Facilities'', ``Federal Lands'',
``Interstate Maintenance Discretionary'', ``Transportation,
Community and System Preservation Program'', ``Rail Line
Relocation and Improvement Program'', ``Rail-highway crossing
hazard eliminations'', ``Alternatives analysis'', and ``Bus
and bus facilities'': Provided, That amounts authorized
within the Federal Highway Administration for fiscal year
2008 for the Interstate Maintenance Discretionary program
under section 118(c) of title 23, United States Code, the
Ferry Boats and Ferry Terminal Facilities program under
section 147 of title 23, United States Code (excluding the
set-aside for projects on the National Highway System
authorized by section 147(b) of such title), the Public Lands
Highways Discretionary program under section 202(b)(1)(A) of
title 23, United States Code, and the Transportation,
Community and System Preservation program under section 1117
of Public Law 109-59 in excess of the amounts so set aside by
the first clause of this section for such programs, projects
and activities in the explanatory statement accompanying this
Act are rescinded: Provided further, That amounts authorized
within the Federal Railroad Administration for fiscal year
2008 for Rail-highway Crossing Hazard Eliminations under
section 104(d)(2)(A) of title 23, United States Code
(excluding the set-aside for certain improvements authorized
by section 104(d)(2)(E) of such title), in excess of the
amounts so set aside by the first clause of this section for
such programs, projects and activities in the explanatory
statement accompanying this Act are rescinded.
Sec. 187. Notwithstanding any other provisions of law, rule
or regulation, the Secretary of Transportation is authorized
to allow the issuer of any preferred stock heretofore sold to
the Department to redeem or repurchase such stock upon the
payment to the Department of an amount determined by the
Secretary.
Sec. 188. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any discretionary grant award, letter of intent,
or full funding grant agreement totaling $500,000 or more is
announced by the department or its modal administrations
from: (1) any discretionary grant program of the Federal
Highway Administration including the emergency relief
program; (2) the airport improvement program of the Federal
Aviation Administration; or (3) any program of the Federal
Transit Administration other than the formula grants and
fixed guideway modernization programs: Provided, That the
Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release''
of funds from the emergency relief program: Provided further,
That no notification shall involve funds that are not
available for obligation.
Sec. 189. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 190. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided, That prior to the transfer of any such recovery to
an appropriations account, the Secretary shall notify the
House and Senate Committees on Appropriations of the amount
and reasons for such transfer: Provided further, That for
purposes of this section, the term ``improper payments'', has
the same meaning as that provided in section 2(d)(2) of
Public Law 107-300.
Sec. 191. (a) Funds provided in Public Law 102-143 in the
item relating to ``Highway Bypass Demonstration Project''
shall be available for
[[Page H15705]]
the improvement of Route 101 in the vicinity of Prunedale,
Monterey County, California.
(b) Funds provided under section 378 of the Department of
Transportation and Related Agencies Appropriations Act, 2001
(Public Law 106-346, 114 Stat. 1356, 1356A-41), for the
reconstruction of School Road East in Marlboro Township, New
Jersey, shall be available for the Spring Valley Road Project
in Marlboro Township, New Jersey.
(c) Notwithstanding any other provision of law, of the
unexpended balance of funds made available in title I,
chapter III, of Public Law 97-216 (96 Stat. 180, 187) under
the heading ``Federal-aid Highway Program'' to execute
contracts to replace or rehabilitate highway bridges, as
designated on page 19 of House Report 97-632, $5,000,000
shall be made available for East Chicago Road Reconstruction,
East Chicago, Indiana, and the remaining unexpended funds
shall be made available for Calumet Avenue Grade Separation,
Munster, Indiana.
(d) Of the unobligated balance appropriated under the
heading ``Highway Demonstration Projects'' in title I of
Public Law 102-143 (105 Stat. 929) that was allocated for
Routes 70/38 Circle Elimination, New Jersey, $1,500,000 shall
be transferred to, and made available for, the Delaware
Street Bridge Replacement Project, (CR640) Bridge over
Mathews Branch in West Deptford Township, New Jersey.
Sec. 192. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations, said
reprogramming action shall be approved or denied solely by
the Committees on Appropriations: Provided, That the
Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations
on such reprogramming but not sooner than 30 days following
the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on
Appropriations.
Sec. 193. (a) None of the funds appropriated or otherwise
made available under this Act to the Surface Transportation
Board of the Department of Transportation may be used to take
any action to allow any activity described in subsection (b)
in a case, matter, or declaratory order involving a railroad,
or an entity claiming or seeking authority to operate as a
railroad, unless the Board receives written assurance from
the Governor, or the Governor's designee, of the State in
which such activity will occur that such railroad or entity
has agreed to comply with State and local regulations that
establish public health, safety, and environmental standards
for the activities described in subsection (b), other than
zoning laws or regulations.
(b) Activities referred to in subsection (a) are activities
that occur at a solid waste rail transfer facility
involving--
(1) the collection, storage, or transfer of solid waste (as
defined in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903)) outside of original shipping containers; or
(2) the separation or processing of solid waste (including
baling, crushing, compacting, and shredding).
Sec. 194. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate complaints filed
with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under
section 1914 of title 28, United States Code.
Sec. 195. Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish and maintain on the homepage of the Internet
website of the Department of Transportation--
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Transportation; and
(2) a mechanism by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to the
Department of Transportation.
Sec. 196. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
Administrator of the Federal Aviation Administration to
displace, reassign, reduce the salary of, or subject to a
reduction in force any employee at the Academy or discontinue
the use of the FAA Academy as the primary training facility
for air traffic controller training as a result of
implementing the Air Traffic Control Optimum Training
Solution in its entirety, prior to September 30, 2008.
Sec. 197. Prohibition on Imposition and Collection of Tolls
on Certain Highways Constructed Using Federal Funds. (a)
Definitions.--In this section:
(1) Federal highway facility.--
(A) In general.--The term ``Federal highway facility''
means--
(i) any highway, bridge, or tunnel on the Interstate System
that is constructed using Federal funds; or
(ii) any United States highway.
(B) Exclusion.--The term ``Federal highway facility'' does
not include any right-of-way for any highway, bridge, or
tunnel described in subparagraph (A).
(2) Tolling provision.--The term ``tolling provision''
means section 1216(b) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 129 note; 112 Stat. 212);
(b) Prohibition.--
(1) In general.--None of the funds made available by this
Act shall be used to consider or approve an application to
permit the imposition or collection of any toll on any
portion of a Federal highway facility in the State of Texas--
(A)(i) that is in existence on the date of enactment of
this Act; and
(ii) on which no toll is imposed or collected under a
tolling provision on that date of enactment; or
(B) that would result in the Federal highway facility
having fewer non-toll lanes than before the date on which the
toll was first imposed or collected.
(2) Exemption.--Paragraph (1) shall not apply to the
imposition or collection of a toll on a Federal highway
facility--
(A) on which a toll is imposed or collected under a tolling
provision on the date of enactment of this Act; or
(B) that is constructed, under construction, or the subject
of an application for construction submitted to the
Secretary, after the date of enactment of this Act.
(c) State Buy-Back.--None of the funds made available by
this Act shall be used to impose or collect a toll on a
Federal highway facility in the State of Texas that is
purchased by the State of Texas on or after the date of
enactment of this Act.
Sec. 198. Notwithstanding any other provision of law, the
funding made available for the Schuylkill Valley Metro
project through the Department of Transportation
Appropriations Acts for Federal Fiscal Years 2004 and 2005
shall remain available for that project during fiscal year
2008.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2008''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Executive Direction
For necessary salaries and expenses for Executive
Direction, $24,980,000, of which not to exceed $3,930,000
shall be available for the immediate Office of the Secretary
and Deputy Secretary; not to exceed $1,580,000 shall be
available for the Office of Hearings and Appeals; not to
exceed $510,000 shall be available for the Office of Small
and Disadvantaged Business Utilization, not to exceed
$725,000 shall be available for the immediate Office of the
Chief Financial Officer; not to exceed $1,155,000 shall be
available for the immediate Office of the General Counsel;
not to exceed $2,670,000 shall be available to the Office of
the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $2,520,000 shall
be for the Office of the Assistant Secretary for Public
Affairs; not to exceed $1,630,000 shall be available for the
Office of the Assistant Secretary for Administration; not to
exceed $1,620,000 shall be available to the Office of the
Assistant Secretary for Public and Indian Housing; not to
exceed $1,520,000 shall be available to the Office of the
Assistant Secretary for Community Planning and Development;
not to exceed $3,600,000 shall be available to the Office of
the Assistant Secretary for Housing, Federal Housing
Commissioner; not to exceed $1,570,000 shall be available to
the Office of the Assistant Secretary for Policy Development
and Research; and not to exceed $1,950,000 shall be available
to the Office of the Assistant Secretary for Fair Housing and
Equal Opportunity: Provided, That the Secretary of the
Department of Housing and Urban Development is authorized to
transfer funds appropriated for any office funded under this
heading to any other office funded under this heading
following the written notification to the House and Senate
Committees on Appropriations: Provided further, That no
appropriation for any office shall be increased or decreased
by more than 5 percent by all such transfers: Provided
further, That notice of any change in funding greater than 5
percent shall be submitted for prior approval to the House
and Senate Committees on Appropriations: Provided further,
That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the
status of pending congressional reports: Provided further,
That not to exceed $25,000 of the amount made available under
this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation
expenses as the Secretary may determine.
ADMINISTRATION, OPERATIONS AND MANAGEMENT
For necessary salaries and expenses for administration,
operations and management for the Department of Housing and
Urban Development, $493,630,000, of which not to exceed
$69,070,000 shall be available for the personnel compensation
and benefits of the Office of Administration; not to exceed
$10,630,000 shall be available for the personnel compensation
and benefits of the Office of Departmental Operations and
Coordination; not to exceed $51,300,000 shall be available
for the personnel compensation and benefits of the Office of
Field Policy and Management; not to exceed $12,370,000 shall
be available for the personnel compensation and benefits of
the Office of the Chief Procurement Officer; not to exceed
$31,600,000 shall be available for the personnel compensation
and benefits of the remaining staff in the Office of the
Chief Financial Officer; not to exceed $80,670,000 shall be
available for the personnel compensation and benefits of the
remaining staff of the Office of the General Counsel; not to
exceed $2,810,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Equal
Employment Opportunity; not to exceed $1,160,000 shall be
available for the personnel compensation and benefits for the
Center for Faith-Based and Community Initiatives; not to
exceed $234,020,000 shall be available for non-personnel
expenses of the Department of Housing and Urban Development:
Provided, That, funds provided under the heading may be used
for necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
[[Page H15706]]
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may
be used for advertising and promotional activities that
support the housing mission area: Provided further, That the
Secretary of Housing and Urban Development is authorized to
transfer funds appropriated for any office included in
Administration, Operations and Management to any other office
included in Administration, Operations and Management only
after such transfer has been submitted to, and received prior
written approval by, the House and Senate Committees on
Appropriations: Provided further, That no appropriation for
any office shall be increased or decreased by more than ten
percent by all such transfers.
PUBLIC AND INDIAN HOUSING PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Public and Indian Housing, $173,310,000.
COMMUNITY PLANNING AND DEVELOPMENT PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Community Planning and Development mission
area, $90,310,000.
HOUSING PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Housing, $334,450,000.
OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of the Government National Mortgage
Association, $8,250,000.
POLICY DEVELOPMENT AND RESEARCH PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Policy Development and Research,
$16,950,000.
FAIR HOUSING AND EQUAL OPPORTUNITY PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Fair Housing and Equal Opportunity,
$63,140,000.
OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL
PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Healthy Homes and Lead Hazard Control,
$6,980,000.
Public and Indian Housing
Tenant-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$16,391,000,000, to remain available until expended, of which
$12,233,000,000 shall be available on October 1, 2007, and
$4,158,000,000 shall be available on October 1, 2008:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $14,694,506,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act):
Provided, That notwithstanding any other provision of law,
from amounts provided under this paragraph and any carryover,
the Secretary for the calendar year 2008 funding cycle shall
provide renewal funding for each public housing agency based
on voucher management system (VMS) leasing and cost data for
the most recent Federal fiscal year and by applying the 2008
Annual Adjustment Factor as established by the Secretary, and
by making any necessary adjustments for the costs associated
with deposits to family self-sufficiency program escrow
accounts or the first-time renewal of tenant protection or
HOPE VI vouchers or vouchers that were not in use during the
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act: Provided further,
That notwithstanding the first proviso, except for applying
the 2008 Annual Adjustment Factor and making any other
specified adjustments, public housing agencies specified in
category 1 below shall receive funding for calendar year 2008
based on the higher of the amounts the agencies would receive
under the first proviso or the amounts the agencies received
in calendar year 2007, and public housing agencies specified
in categories 2 and 3 below shall receive funding for
calendar year 2008 equal to the amounts the agencies received
in calendar year 2007, except that public housing agencies
specified in categories 1 and 2 below shall receive funding
under this proviso only if, and to the extent that, any such
public housing agency submits a plan, approved by the
Secretary, that demonstrates that the agency can effectively
use within 12 months the funding that the agency would
receive under this proviso that is in addition to the funding
that the agency would receive under the first proviso: (1)
public housing agencies that are eligible for assistance
under section 901 in Public Law 109-148 (119 Stat. 2781) or
are located in the same counties as those eligible under
section 901 and operate voucher programs under section 8(o)
of the United States Housing Act of 1937 but do not operate
public housing under section 9 of such Act, and any public
housing agency that otherwise qualifies under this category
must demonstrate that they have experienced a loss of rental
housing stock as a result of the 2005 hurricanes; (2) public
housing agencies that would receive less funding under the
first proviso than they would receive under this proviso and
that have been placed in receivership within the 24 months
preceding the date of enactment of this Act; and (3) public
housing agencies that spent more in calendar year 2007 than
the total of the amounts of any such public housing agency's
allocation amount for calendar year 2007 and the amount of
any such public housing agency's available housing assistance
payments undesignated funds balance from calendar year 2006
and the amount of any such public housing agency's available
administrative fees undesignated funds balance through
calendar year 2007: Provided further, That notwithstanding
the first two provisos under this paragraph, the amount of
calendar year 2008 renewal funding for any agency otherwise
authorized under such provisos shall be reduced by the amount
of any unusable amount (as determined by the Secretary, due
to limits in this paragraph with respect to an agency's
authorized level of units under contract) in such agency's
net restricted assets account, in accordance with the most
recent VMS data in calendar year 2007 that is verifiable and
complete, which exceeds 7 percent of the amount of renewal
funding allocated to the agency for the calendar year 2007
funding cycle pursuant to section 21033 of Public Law 110-5,
as amended by section 4802 of Public Law 110-28: Provided
further, That up to $50,000,000 shall be available only: (1)
to adjust the allocations for public housing agencies, after
application for an adjustment by a public housing agency that
experienced a significant increase, as determined by the
Secretary, in renewal costs from portability under section
8(r) of the Act of tenant-based rental assistance; and (2)
for adjustments for public housing agencies with voucher
leasing rates at the end of the calendar year that exceed the
average leasing for the 12-month period used to establish the
allocation: Provided further, That none of the funds provided
under this paragraph may be used to support a total number of
unit months under lease which exceeds a public housing
agency's authorized level of units under contract: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount specified under this paragraph, after
subtracting $723,257,000 from such amount, pro rate each
public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the last proviso, the entire amount specified
under this paragraph, except for $723,257,000 shall be
obligated to the public housing agencies based on the
allocation and pro rata method described above and the
Secretary shall notify public housing agencies of their
annual budget not later than 60 days after enactment of this
Act: Provided further, That the Secretary may extend the 60
day notification period with the written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
Moving to Work demonstration shall be funded pursuant to
their Moving to Work agreements and shall be subject to the
same pro rata adjustments under the previous proviso;
(2) $200,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance: Provided, That the Secretary shall
provide replacement vouchers for all units that were occupied
within the previous 24 months that cease to be available as
assisted housing due to demolition, disposition, or
conversion, subject only to the availability of funds;
(3) $49,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) up to $6,494,000 may be transferred to the Working
Capital Fund;
(5) $1,351,000,000 for administrative and other expenses of
public housing agencies in administering the section 8
tenant-based rental assistance program and which up to
$35,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, with up to $30,000,000
to be for fees associated with section 8 tenant protection
rental assistance: Provided, That no less than $1,316,000,000
of the amount provided in this paragraph shall be allocated
for the calendar year 2008 funding cycle on a basis to public
housing agencies as provided in section 8(q) of the Act as in
effect immediately before the enactment of the Quality
Housing and Work Responsibility Act of 1998 (Public Law 105-
276);
(6) $20,000,000 for incremental voucher assistance through
the Family Unification Program;
(7) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of
[[Page H15707]]
Housing and Urban Development may waive, or specify
alternative requirements for (in consultation with the
Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to remain
available for homeless veterans upon turn-over; and
(8) $30,000,000 for incremental vouchers under section 8 of
the Act for nonelderly disabled families affected by the
designation of a public housing development under section 7
of the Act, the establishment of preferences in accordance
with section 651 of the Housing and Community Development Act
of 1992 (42 U.S.C. 13611), or the restriction of occupancy to
elderly families in accordance with section 658 of such Act
(42 U.S.C. 13618), and to the extent the Secretary determines
that such amount is not needed to fund applications for such
affected families, for other nonelderly disabled families.
Housing Certificate Fund
(rescission)
Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading, the heading ``Annual Contributions for Assisted
Housing'', the heading ``Tenant-Based Rental Assistance'',
and the heading ``Project-Based Rental Assistance'', for
fiscal year 2007 and prior years, $1,250,000,000 are
rescinded, to be effected by the Secretary of Housing and
Urban Development no later than September 30, 2008: Provided,
That if insufficient funds exist under these headings, the
remaining balance may be derived from any other heading under
this title: Provided further, That the Secretary shall notify
the Committees on Appropriations 30 days in advance of the
rescission of any funds derived from the headings specified
above: Provided further, That any such balances governed by
reallocation provisions under the statute authorizing the
program for which the funds were originally appropriated
shall be available for the rescission: Provided further, That
any obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be cancelled.
Project-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $6,381,810,000, to remain available until
expended: Provided, That the amounts made available under
this heading are provided as follows:
(1) Up to $6,139,122,000 for expiring or terminating
section 8 project-based subsidy contracts (including section
8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section
8 moderate rehabilitation contracts), for contracts entered
into pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of section 8
contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990, and for
administrative and other expenses associated with project-
based activities and assistance funded under this paragraph.
(2) Not less than $238,728,000 but not to exceed
$286,230,000 for performance-based contract administrators
for section 8 project-based assistance: Provided, That the
Secretary of Housing and Urban Development may also use such
amounts for performance-based contract administrators for:
interest reduction payments pursuant to section 236(a) of the
National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement
payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project
rental assistance contracts for the elderly under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q);
project rental assistance contracts for supportive housing
for persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667); and loans under section 202 of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667).
(3) Not to exceed $3,960,000 may be transferred to the
Working Capital Fund.
(4) Amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated.
Public Housing Capital Fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,438,964,000, to remain available until September 30, 2011:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2008 the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That of the total amount
provided under this heading, up to $12,000,000 shall be for
carrying out activities under section 9(h) of such Act; not
to exceed $16,847,000 may be transferred to the Working
Capital Fund; and up to $15,345,000 shall be to support the
ongoing Public Housing Financial and Physical Assessment
activities of the Real Estate Assessment Center (REAC):
Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
Act: Provided further, That of the total amount provided
under this heading, not to exceed $18,500,000 shall be
available for the Secretary to make grants, notwithstanding
section 204 of this Act, to public housing agencies for
emergency capital needs resulting from unforeseen or
unpreventable emergencies and natural disasters occurring in
fiscal year 2008: Provided further, That of the total amount
provided under this heading, $40,000,000 shall be for
supportive services, service coordinators and congregate
services as authorized by section 34 of the Act (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount provided under this heading
up to $8,820,000 is to support the costs of administrative
and judicial receiverships: Provided further, That from the
funds made available under this heading, the Secretary shall
provide bonus awards in fiscal year 2008 to public housing
agencies that are designated high performers.
Public Housing Operating Fund
For 2008 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,200,000,000; of which $5,940,000 shall
be for competitive grants and contracts to third parties for
the provision of technical assistance to public housing
agencies related to the transition and implementation of
asset-based management in public housing: Provided, That, in
fiscal year 2008 and all fiscal years hereafter, no amounts
under this heading in any appropriations Act may be used for
payments to public housing agencies for the costs of
operation and management of public housing for any year prior
to the current year of such Act: Provided further, That no
funds may be used under this heading for the purposes
specified in section 9(k) of the United States Housing Act of
1937.
Revitalization of Severely Distressed Public Housing (Hope VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937 (42 U.S.C. 1437v),
$100,000,000, to remain available until September 30, 2008,
of which the Secretary of Housing and Urban Development shall
use $2,400,000 for technical assistance and contract
expertise, to be provided directly or indirectly by grants,
contracts or cooperative agreements, including training and
cost of necessary travel for participants in such training,
by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none
of such funds shall be used directly or indirectly by
granting competitive advantage in awards to settle litigation
or pay judgments, unless expressly permitted herein.
Native American Housing Block Grants
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $630,000,000, to remain available until
expended: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race Census data and with the need component
based on multi-race Census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That of
the amounts made available under this heading, $2,000,000
shall be contracted for assistance for a national
organization representing Native American Housing interests
for providing training and technical assistance to Indian
Housing authorities and tribally designated housing entities
as authorized under NAHASDA; and $4,250,000 shall be to
support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the
training, oversight, and management of such Indian housing
and tenant-based assistance, including up to $300,000 for
related travel: Provided further, That of the amount provided
under this heading, $1,980,000 shall be made available for
the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That
such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$17,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of
[[Page H15708]]
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4111 et seq.), $9,000,000, to remain
available until expended, of which $300,000 shall be for
training and technical assistance activities.
Indian Housing Loan Guarantee Fund Program Account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $7,450,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $367,000,000.
Native Hawaiian Housing Loan Guarantee Fund Program Account
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,044,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$41,504,255.
Community Planning and Development
Housing Opportunities for Persons With AIDS
(including transfer of funds)
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $300,100,000, to remain
available until September 30, 2009, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2010: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3)
of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized
under this section: Provided further, That the Secretary may
use not to exceed $1,485,000 of the funds under this heading
for training, oversight, and technical assistance activities;
and not to exceed $1,485,000 may be transferred to the
Working Capital Fund.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in
the Department of Housing and Urban Development, $17,000,000,
to remain available until expended, which amount shall be
competitively awarded by September 1, 2008, to Indian tribes,
State housing finance agencies, State community and/or
economic development agencies, local rural nonprofits and
community development corporations to support innovative
housing and economic development activities in rural areas.
Community Development Fund
(including transfer of funds)
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $3,865,800,000, to remain
available until September 30, 2010, unless otherwise
specified: Provided, That of the amount provided,
$3,593,430,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for
planning grants provided in the second paragraph and amounts
made available under the third paragraph), not to exceed 20
percent of any grant made with funds appropriated under this
heading shall be expended for planning and management
development and administration: Provided further, That not to
exceed $1,570,000 may be transferred to the Working Capital
Fund: Provided further, That $3,000,000 is for technical
assistance as authorized by section 107(b)(4) of such Act:
Provided further, That $62,000,000 shall be for grants to
Indian tribes notwithstanding section 106(a)(1) of such Act,
of which, notwithstanding any other provision of law
(including section 305 of this Act), up to $3,960,000 may be
used for emergencies that constitute imminent threats to
health and safety.
Of the amount made available under this heading,
$179,830,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the explanatory statement
accompanying this Act: Provided, That the amount made
available for each grant shall be at the level of 98 percent
of the corresponding amount cited in said explanatory
statement: Provided further, That none of the funds provided
under this paragraph may be used for program operations:
Provided further, That, for fiscal years 2006, 2007, and
2008, no unobligated funds for EDI grants may be used for any
purpose except acquisition, planning, design, purchase of
equipment, revitalization, redevelopment or construction.
Of the amount made available under this heading,
$25,970,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in
areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing
benefits can be integrated more effectively with welfare
reform initiatives: Provided, That amounts made available
under this paragraph shall be provided in accordance with the
terms and conditions specified in the explanatory statement
accompanying this Act: Provided further, That the amount made
available for each initiative shall be at the level of 98
percent of the corresponding amount cited in said explanatory
statement.
The statement of managers correction referenced in the
second paragraph under this heading in title III of division
A of Public Law 109-115 is deemed to be amended with respect
to item number 846 by striking ``Mahonoy City, Pennsylvania
for improvements to West Market Street'' and inserting
``Mahanoy City, Pennsylvania for improvements to Centre
Street''.
The statement of managers correction referenced in the
second paragraph under this heading in title III of division
A of Public Law 109-115 is deemed to be amended with respect
to item number 250 by striking ``for renovation and
construction of a resource center'' and inserting ``for
construction of a homeless shelter''.
The statement of managers correction referenced in the
second paragraph under this heading in title III of division
A of Public Law 109-115 is deemed to be amended with respect
to item number 713 by striking ``for construction of a senior
center'' and inserting ``renovation and expansion of
facilities''.
The statement of managers correction referenced in the
second paragraph under this heading in title III of division
A of Public Law 109-115 is deemed to be amended with respect
to item number 844 by striking ``Liverpool Township'' and
inserting ``Liverpool Borough''.
The referenced statement of managers under this heading in
title II of division I of Public Law 108-447 is deemed to be
amended with respect to item number 36 by striking ``respite
care facility'' and inserting ``rehabilitative care facility
for the developmentally disabled''.
The referenced statement of managers under this heading in
title II of division I of Public Law 108-7 is deemed to be
amended with respect to item number 608 by striking
``construct'' and inserting ``purchase and make improvements
to facilities for''.
The referenced statement of managers under this heading in
title II of division I of Public Law 108-447 is deemed to be
amended with respect to item number 521 by striking
``Missouri'' and inserting ``Metropolitan Statistical Area''.
The referenced statement of managers under the heading
``Community Development Fund'' in title II of Public Law 108-
447 is deemed to be amended with respect to item number 203
by striking ``equipment'' and inserting ``renovation and
construction''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 696 by striking ``a Small Business Development
Center'' and inserting ``for revitalization costs at the
College of Agriculture Biotechnology and Natural Resources''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 460 by striking ``Maine-Mawoshen One Country, Two
Worlds Project'' and inserting ``Sharing Maine's Maritime
Heritage Project--Construction and access to exhibits''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 914 by striking ``the Pastime Theatre in Bristol,
Rhode Island for building improvements'' and inserting ``the
Institute for the Study and Practice of Nonviolence in
Providence, Rhode Island for building renovations''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 918 by striking ``South Kingstown'' and inserting
``Washington County''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 624 by striking ``for the construction of a new
technology building'' and inserting ``for renovations to the
Wheeler Community Center''.
The referenced statement of the managers under this heading
in Public Law 109-115 is deemed to be amended with respect to
item number 1065 by inserting ``South'' prior to
``Burlington''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to
item number 102 by striking ``for preservation of the CA
Mining and Mineral Museum'' and inserting ``for planning,
design, and construction of the CA Mining and Mineral
Museum'' in its place.
Community Development Loan Guarantees Program Account
For the cost of guaranteed loans, $4,500,000, to remain
available until September 30, 2009, as authorized by section
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5308): Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to
exceed $205,000,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as
amended.
Brownfields Redevelopment
For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development
Act of 1974, as amended, for Brownfields redevelopment
projects, $10,000,000, to remain available until September
30, 2009: Provided, That no funds made available under this
heading may be used to establish loan loss reserves for the
section 108 Community Development Loan Guarantee program.
[[Page H15709]]
HOME Investment Partnerships Program
(including transfer of funds)
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,704,000,000, to remain available
until September 30, 2010, of which not to exceed $3,465,000
may be transferred to the Working Capital Fund: Provided,
That up to $12,500,000 shall be available for technical
assistance: Provided further, That of the total amount
provided in this paragraph, up to $50,000,000 shall be
available for housing counseling under section 106 of the
Housing and Urban Development Act of 1968: Provided further,
That, from amounts appropriated or otherwise made available
under this heading, $10,000,000 may be made available to
promote broader participation in homeownership through the
American Dream Downpayment Initiative, as such initiative is
set forth under section 271 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12821).
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$60,000,000, to remain available until September 30, 2010:
Provided, That of the total amount provided under this
heading, $26,500,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That $33,500,000
shall be made available for the first four capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which up
to $5,000,000 may be made available for rural capacity
building activities.
Homeless Assistance Grants
(including transfer of funds)
For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy
program as authorized under the United States Housing Act of
1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act;
and the shelter plus care program as authorized under
subtitle F of title IV of such Act, $1,585,990,000, of which
$1,580,990,000 shall remain available until September 30,
2010, and of which $5,000,000 shall remain available until
expended for rehabilitation projects with ten-year grant
terms: Provided, That of the amounts provided, $25,000,000
shall be set aside to conduct a demonstration program for the
rapid re-housing of homeless families: Provided further, That
of amounts made available in the preceding proviso, not to
exceed $1,250,000 may be used to conduct an evaluation of
this demonstration program: Provided further, That funding
made available for this demonstration program shall be used
by the Secretary, expressly for the purposes of providing
housing and services to homeless families in order to
evaluate the effectiveness of the rapid re-housing approach
in addressing the needs of homeless families: Provided
further, That not less than 30 percent of funds made
available, excluding amounts provided for renewals under the
shelter plus care program, shall be used for permanent
housing for individuals and families: Provided further, That
all funds awarded for services shall be matched by 25 percent
in funding by each grantee: Provided further, That the
Secretary shall renew on an annual basis expiring contracts
or amendments to contracts funded under the shelter plus care
program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program
requirements and financial standards, as determined by the
Secretary: Provided further, That all awards of assistance
under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless
populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for
Needy Families, Food Stamps, and services funding through the
Mental Health and Substance Abuse Block Grant, Workforce
Investment Act, and the Welfare-to-Work grant program:
Provided further, That up to $8,000,000 of the funds
appropriated under this heading shall be available for the
national homeless data analysis project and technical
assistance: Provided further, That not to exceed $2,475,000
of the funds appropriated under this heading may be
transferred to the Working Capital Fund: Provided further,
That all balances for Shelter Plus Care renewals previously
funded from the Shelter Plus Care Renewal account and
transferred to this account shall be available, if
recaptured, for Shelter Plus Care renewals in fiscal year
2008.
Housing Programs
Housing for the Elderly
(including transfer of funds)
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing, $735,000,000, to remain
available until September 30, 2011, of which up to
$628,850,000 shall be for capital advance and project-based
rental assistance awards: Provided, That, of the amount
provided under this heading, up to $60,000,000 shall be for
service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects, and of which up to $24,750,000 shall be for grants
under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) for conversion of eligible projects under such
section to assisted living or related use and for emergency
capital repairs as determined by the Secretary: Provided
further, That of the amount made available under this
heading, $20,000,000 shall be available to the Secretary of
Housing and Urban Development only for making competitive
grants to private nonprofit organizations and consumer
cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating
to the development of supportive housing for the elderly that
is eligible for assistance under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 202 capital advance
projects: Provided further, That not to exceed $1,400,000 of
the total amount made available under this heading may be
transferred to the Working Capital Fund: Provided further,
That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental
assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration.
Housing for Persons With Disabilities
(including transfer of funds)
For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such
Act, including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with
the housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, and for tenant-based rental
assistance contracts entered into pursuant to section 811 of
such Act, $237,000,000, to remain available until September
30, 2011: Provided, That not to exceed $600,000 may be
transferred to the Working Capital Fund: Provided further,
That, of the amount provided under this heading $74,745,000
shall be for amendments or renewal of tenant-based assistance
contracts entered into prior to fiscal year 2005 (only one
amendment authorized for any such contract): Provided
further, That all tenant-based assistance made available
under this heading shall continue to remain available only to
persons with disabilities: Provided further, That the
Secretary may waive the provisions of section 811 governing
the terms and conditions of project rental assistance and
tenant-based assistance, except that the initial contract
term for such assistance shall not exceed 5 years in
duration: Provided further, That amounts made available under
this heading shall be available for Real Estate Assessment
Center Inspections and inspection-related activities
associated with section 811 Capital Advance Projects.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, non-insured rental housing projects,
$27,600,000, to remain available until expended.
rent supplement
(rescission)
Of the amounts made available under the heading ``Rent
Supplement'' in Public Law 98-63 for amendments to contracts
under section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
rental housing projects, $37,600,000 are rescinded.
Flexible Subsidy Fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2007,
and any collections made during fiscal year 2008 and all
subsequent fiscal years, shall be transferred to the Flexible
Subsidy Fund, as authorized by section 236(g) of the National
Housing Act.
Manufactured Housing Fees Trust Fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $16,000,000, to remain
available until expended, to be derived from the Manufactured
Housing Fees Trust Fund: Provided, That not to exceed the
total amount appropriated under this heading shall be
available from the general fund of the Treasury to the extent
necessary to incur obligations and make expenditures pending
the receipt of collections to the Fund pursuant to section
620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be
reduced as such collections are received during fiscal year
2008 so as to result in a final fiscal year 2008
appropriation from the general fund estimated at not more
than $0 and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2008
appropriation: Provided further, That for the dispute
resolution and installation programs, the Secretary of
Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as
well as fees collected under section 620, for necessary
expenses of such Act:
[[Page H15710]]
Provided further, That notwithstanding the requirements of
section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the
use of approved service providers that are paid directly by
the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2008, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2008, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $50,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales
of single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative contract expenses, $77,400,000, of which
not to exceed $25,550,000 may be transferred to the Working
Capital Fund, and of which up to $5,000,000 shall be for
education and outreach of FHA single family loan products:
Provided, That to the extent guaranteed loan commitments
exceed $65,500,000,000 on or before April 1, 2008, an
additional $1,400 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $30,000,000.
General and Special Risk Program Account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3
and 1735c), including the cost of loan guarantee
modifications, as that term is defined in section 502 of the
Congressional Budget Act of 1974, as amended, $8,600,000, to
remain available until expended: Provided, That commitments
to guarantee loans shall not exceed $45,000,000,000 in total
loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act;
and of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
For administrative contract expenses necessary to carry out
the guaranteed and direct loan programs, $78,111,000, of
which not to exceed $15,692,000 may be transferred to the
Working Capital Fund: Provided, That to the extent guaranteed
loan commitments exceed $8,426,000,000 on or before April 1,
2008, an additional $1,980 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments over $8,426,000,000 (including a
pro rata amount for any increment below $1,000,000), but in
no case shall funds made available by this proviso exceed
$14,400,000.
For discount sales of multifamily real property under
sections 207(1) or 246 of the National Housing Act (12 U.S.C.
1713(l), 1715z-11), section 203 of the Housing and Community
Development Amendments of 1978 (12 U.S.C. 1701z-11), or
section 204 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (12 U.S.C. 1715z-11a), and for
discount loan sales under section 207(k) of the National
Housing Act (12 U.S.C. 1713(k)), section 203(k) of the
Housing and Community Development Amendments of 1978 (12
U.S.C. 1701z-11(k)), or section 204(a) of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Act, 1997 (12 U.S.C. 1715z-11a(a)),
$5,000,000, to remain available until September 30, 2009.
Government National Mortgage Association
Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000, to remain available until September 30,
2009.
Policy Development and Research
Research and Technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $51,440,000,
to remain available until September 30, 2009: Provided, That
of the total amount provided under this heading, up to
$5,000,000 shall be for the Partnership for Advancing
Technology in Housing Initiative: Provided further, That of
the funds made available under this heading, $23,000,000 is
for grants pursuant to section 107 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5307): Provided
further, That activities for the Partnership for Advancing
Technology in Housing Initiative shall be administered by the
Office of Policy Development and Research.
Fair Housing and Equal Opportunity
Fair Housing Activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $50,000,000, to remain
available until September 30, 2009, of which $24,000,000
shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan:
Provided further, That of the funds made available under this
heading, $380,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion
of translated materials and other programs that support the
assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.
Office of Lead Hazard Control
Lead Hazard Reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $145,000,000, to remain available
until September 30, 2009, of which $8,800,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970 that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes
Initiative, Operation Lead Elimination Action Plan (LEAP), or
the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided
further, That of the total amount made available under this
heading, $48,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs:
Provided further, That each recipient of funds provided under
the second proviso shall make a matching contribution in an
amount not less than 25 percent: Provided further, That the
Secretary may waive the matching requirement cited in the
preceding proviso on a case by case basis if the Secretary
determines that such a waiver is necessary to advance the
purposes of this program: Provided further, That each
applicant shall submit a detailed plan and strategy that
demonstrates adequate capacity that is acceptable to the
Secretary to carry out the proposed use of funds pursuant to
a notice of funding availability: Provided further, That of
the total amount made available under this heading,
$2,000,000 shall be available for the Big Buy Program to be
managed by the Office of Healthy Homes and Lead Hazard
Control.
Management and Administration
Working Capital Fund
For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and
for program-related development activities, $155,000,000, to
remain available until September 30, 2009: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts or from within this
Act may be used only for the purposes specified under this
Fund, in addition to the purposes for which such amounts were
appropriated.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $112,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
Office of Federal Housing Enterprise Oversight
Salaries and Expenses
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$66,000,000, to remain available until expended, to be
derived from the Federal Housing Enterprises Oversight Fund:
Provided, That the Director shall submit a spending plan for
the amounts provided under this heading no later than January
15, 2008: Provided further, That not less than 80 percent of
the total amount made available under this heading shall be
used only for examination, supervision, and capital oversight
of the enterprises (as such term is defined in section 1303
of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the
enterprises are operating in a financially safe and sound
manner and complying with the capital requirements under
Subtitle B of such Act: Provided further,
[[Page H15711]]
That not to exceed the amount provided herein shall be
available from the general fund of the Treasury to the extent
necessary to incur obligations and make expenditures pending
the receipt of collections to the Fund: Provided further,
That the general fund amount shall be reduced as collections
are received during the fiscal year so as to result in a
final appropriation from the general fund estimated at not
more than $0.
General Provisions--Department of Housing and Urban Development
(including rescission of funds)
Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2008 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-frivolous legal action, that
is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a
court of competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2008 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2008 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2008 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2008, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by: (1) allocating to the City of Jersey City, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is
located in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to
the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Bergen
County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The recipient cities
shall use amounts allocated under this subsection to carry
out eligible activities under section 855 of the AIDS Housing
Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a three year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2008
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. None of the funds provided in this title for
technical assistance, training, or management improvements
may be obligated or expended unless the Secretary of Housing
and Urban Development provides to the Committees on
Appropriations a description of each proposed activity and a
detailed budget estimate of the costs associated with each
program, project or activity as part of the Budget
Justifications. For fiscal year 2008, the Secretary shall
transmit this information to the Committees by March 15, 2008
for 30 days of review.
Sec. 209. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 210. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2008 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2008 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2008 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 211. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2008
and annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted
units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 212. The President's formal budget request for fiscal
year 2009, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall
[[Page H15712]]
use the identical account and sub-account structure provided
under this Act.
Sec. 213. Amounts made available in this Act or previous
appropriations Acts for tenant-based rental assistance and
used for non-elderly disabled families or for the Family
Unification Program shall, to the extent practicable, remain
available for each such respective purpose upon turn-over.
Sec. 214. A public housing agency or such other entity that
administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi shall establish an advisory board of not less
than 6 residents of public housing or recipients of section 8
assistance to provide advice and comment to the public
housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 215. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for
fiscal years 2008 and 2009, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt and statutorily required low-
income and very low-income use restrictions, associated with
one or more multifamily housing project to another
multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) the number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects;
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
(3) the receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials;
(5) the tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy;
(6) the Secretary determines that this transfer is in the
best interest of the tenants;
(7) if either the transferring project or the receiving
project or projects meets the condition specified in
subsection (c)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary;
(8) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions;
(9) any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be
reduced as a result of a transfer completed under this
section; and
(10) the Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act; and
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required use low-income and very low-income restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 216. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 217. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.)
Sec. 218. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that
an individual receives under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private sources, or an
institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
(c) Not later than 30 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall issue final regulations to carry out the provisions of
this section.
Sec. 219. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2008, insure and enter
into commitments to insure mortgages under section 255 of the
National Housing Act (12 U.S.C. 1715z-20).
Sec. 220. Notwithstanding any other provision of law, in
fiscal year 2008, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, the Secretary
shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 and other programs
that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the
tenants and the local government, that such a multifamily
property owned or held by the Secretary is not feasible for
continued rental assistance payments under such section 8 or
other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA'') and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based
rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental
assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior
to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for
imminent major threats to health and safety. After
disposition of any multifamily property described under this
section, the contract and allowable rent levels on such
properties shall be subject to the requirements under section
524 of MAHRAA.
Sec. 221. The National Housing Act is amended--
(1) in sections 207(c)(3), 213(b)(2)(B)(i),
221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and
234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and
1715y(e)(3)(B))--
(A) by striking ``140 percent'' each place such term
appears and inserting ``170 percent''; and
(B) by striking ``170 percent in high cost areas'' each
place such term appears and inserting ``215 percent in high
cost areas''; and
(2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C.
1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all that
follows through ``project-by-project basis'' and inserting
the following: ``206A of this Act) by not to exceed 170
percent in any geographical area where the Secretary finds
that cost levels so require and by not to exceed 170
[[Page H15713]]
percent, or 215 percent in high cost areas, where the
Secretary determines it necessary on a project-by-project
basis''.
Sec. 222. (a) During fiscal year 2008, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan notwithstanding paragraphs (3) and (18)(B)(iii)
of such section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
Sec. 223. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q-2) after December 26, 2000, in
accordance with the unnumbered paragraph at the end of
section 202(b) of such Act, may, at its option, establish a
single-asset nonprofit entity to own the project and may lend
the grant funds to such entity, which may be a private
nonprofit organization described in section 831 of the
American Homeownership and Economic Opportunity Act of 2000.
Sec. 224. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``2003'' and
inserting ``2008''; and
(2) in subsection (o), by striking ``September 30, 2007''
and inserting ``September 30, 2008''.
Sec. 225. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 226. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1),(2)): Provided, however, that a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under sections 9(g)(1) or
9(g)(2).
Sec. 227. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on the status of all
section 8 project-based housing, including the number of all
project-based units by region as well as an analysis of all
federally subsidized housing being refinanced under the Mark-
to-Market program. The Secretary shall in the report identify
all existing units maintained by region as section 8 project-
based units and all project-based units that have opted out
of section 8 or have otherwise been eliminated as section 8
project-based units. The Secretary shall identify in detail
and by project all the efforts made by the Department to
preserve all section 8 project-based housing units and all
the reasons for any units which opted out or otherwise were
lost as section 8 project-based units. Such analysis shall
include a review of the impact of the loss of any subsidized
units in that housing marketplace, such as the impact of cost
and the loss of available subsidized, low-income housing in
areas with scarce housing resources for low-income families.
Sec. 228. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on HUD's use of all sole
source contracts, including terms of the contracts, cost and
a substantive rationale for using a sole source contract.
Sec. 229. Section 9(e)(2)(C) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding
at the end of the following:
``(iv) Existing contracts.--The term of a contract
described in clause (i) that, as of the date of enactment of
this clause, is in repayment and has a term of not more than
12 years, may be extended to a term of not more than 20 years
to permit additional energy conservation improvements without
requiring the reprocurement of energy performance
contractors.''.
Sec. 230. The Secretary of Housing and Urban Development
shall increase, pursuant to this section, the number of
Moving-to-Work agencies authorized under section 204, title
II, of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-281) by making
individually the Alaska Housing Finance Corporation and the
housing authorities of the counties of San Bernardino and
Santa Clara and the city of San Jose, California a Moving-to-
Work Agency under such section 204.
Sec. 231. Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development may not rescind or
take any adverse action with respect to the Moving-to-Work
program designation for the Housing Authority of Baltimore
City based on any alleged administrative or procedural errors
in making such designation.
Sec. 232. Paragraph (4) of section 102(a) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302) is
amended by adding at the end the following new sentence:
``Notwithstanding any other provision of this paragraph, with
respect to any fiscal year beginning after September 30,
2007, the cities of Alton and Granite City, Illinois, shall
be considered metropolitan cities for purposes of this
title.''.
Sec. 233. (a) The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued
by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of section 108 of
the Housing and Community Development Act of 1974: Provided,
That, any State receiving such a guarantee or commitment
shall distribute all funds subject to such guarantee to the
units of general local government in non-entitlement areas
that received the commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 234. Not later than 30 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall establish and maintain on the homepage of
the Internet website of the Department of Housing and Urban
Development--
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Housing and Urban
Development; and
(2) a mechanism by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to the
Department of Housing and Urban Development.
Sec. 235. (a) Required Submissions for Fiscal Years 2007
and 2008.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall submit to the relevant authorizing
committees and to the Committees on Appropriations of the
Senate and the House of Representatives for fiscal year 2007
and 2008--
(A) a complete and accurate accounting of the actual
project-based renewal costs for project-based assistance
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f);
(B) revised estimates of the funding needed to fully fund
all 12 months of all project-based contracts under such
section 8, including project-based contracts that expire in
fiscal year 2007 and fiscal year 2008; and
(C) all sources of funding that will be used to fully fund
all 12 months of the project-based contracts for fiscal years
2007 and 2008.
(2) Updated information.--At any time after the expiration
of the 60-day period described in paragraph (1), the
Secretary may submit corrections or updates to the
information required under paragraph (1), if upon completion
of an audit of the project-based assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), such audit reveals additional information that may
provide Congress a more complete understanding of the
Secretary's implementation of the project-based assistance
program under such section 8.
(b) Required Submissions for Fiscal Year 2009.--As part of
the Department of Housing and Urban Development's budget
request for fiscal year 2009, the Secretary of Housing and
Urban Development shall submit to the relevant authorizing
committees and to the Committees on Appropriations of the
Senate and the House of Representatives complete and detailed
information, including a project-by-project analysis, that
verifies that such budget request will fully fund all
project-based contracts under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) in fiscal year 2009,
including expiring project-based contracts.
Sec. 236. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that, not later than
ninety days after the date of enactment of this Act, a
trained allotment holder shall be designated for each HUD
sub-account under the headings ``Executive Direction'' and
``Administration, Operations, and Management'' as well as
each account receiving appropriations for ``personnel
compensation and benefits'' within the Department of Housing
and Urban Development.
Sec. 237. Payment of attorney fees in program-related
litigation must be paid from individual program office
personnel benefits and compensation funding. The annual
budget submission for program office personnel benefit and
compensation funding must include program-related litigation
costs for attorney fees as a separate line item request.
Sec. 238. Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban
Development under the heading ``Tenant-Based Rental
Assistance'' under section 21033 of Public Law 110-5,
$723,257,000 are rescinded from the $4,193,000,000 which
became available pursuant to such section on October 1, 2007.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2008''.
TITLE III
RELATED AGENCIES
Architectural and Transportation Barriers Compliance Board
Salaries and Expenses
For expenses necessary for the Architectural and
Transportation Barriers Compliance Board,
[[Page H15714]]
as authorized by section 502 of the Rehabilitation Act of
1973, as amended, $6,150,000: Provided, That, notwithstanding
any other provision of law, there may be credited to this
appropriation funds received for publications and training
expenses.
Federal Maritime Commission
Salaries and Expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1111), including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefore, as authorized by 5 U.S.C. 5901-5902, $22,072,000:
Provided, That not to exceed $2,000 shall be available for
official reception and representation expenses.
National Transportation Safety Board
Salaries and Expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$84,499,000, of which $74,063 is available for payments to
remedy the violation of the Anti-deficiency Act reported by
the National Transportation Safety Board on September 26,
2007, and not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made
available to the National Transportation Safety Board in this
Act include amounts necessary to make lease payments due in
fiscal year 2008 only, on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
Payment to the Neighborhood Reinvestment Corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $119,800,000, of which $5,000,000
shall be for a multi-family rental housing program.
For an additional amount, $180,000,000 shall be made
available until expended to the Neighborhood Reinvestment
Corporation for mortgage foreclosure mitigation activities,
under the following terms and conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC''),
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD) or the
NRC (with match to be determined by the NRC based on
affordability and the economic conditions of an area; a match
also may be waived by the NRC based on the aforementioned
conditions) to provide mortgage foreclosure mitigation
assistance primarily to states and areas with high rates of
defaults and foreclosures primarily in the sub prime housing
market to help eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at
risk of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to
approved counseling intermediaries based on a geographic
analysis of the Nation by the NRC which determines where
there is a prevalence of sub prime mortgages that are risky
and likely to fail, including any trends for mortgages that
are likely to default and face foreclosure. A State Housing
Finance Agency may also be eligible where the State Housing
Finance Agency meets all the requirements under this
paragraph. A HUD- or NRC-approved counseling intermediary
shall meet certain mortgage foreclosure mitigation assistance
counseling requirements, as determined by the NRC, and shall
be approved by HUD or the NRC as meeting these requirements;
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall
consist of activities that are likely to prevent foreclosures
and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners
to discharge outstanding mortgage balances or for any other
direct debt reduction payments;
(3) The use of Mortgage Foreclosure Mitigation Assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower's financial situation, an evaluation of the current
value of the property that is subject to the mortgage,
counseling regarding the assumption of the mortgage by
another non-federal party, counseling regarding the possible
purchase of the mortgage by a non-federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out strategy
by all interested parties;
(4) NRC shall award $50,000,000 in mortgage foreclosure
mitigation grants for States and areas with the greatest
needs within 60 days of enactment. Additional funds may be
awarded once the NRC certifies that HUD- or NRC-approved
counseling intermediaries and State Housing Finance Agencies
have the need for additional funds in states and areas with
high rates of mortgage foreclosures, defaults, or related
activities and the expertise to use these funds effectively.
The NRC may provide up to fifteen percent of the total funds
under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a
certification by the NRC that the procedures for selection do
not consist of any procedures or activities that could be
construed as an unacceptable conflict of interest or have the
appearance of impropriety;
(5) NRC- or HUD-approved counseling entities and State
Housing Finance Agencies receiving funds under this paragraph
shall have demonstrated experience in successfully working
with financial institutions as well as borrowers facing
default, delinquency and foreclosure as well as documented
counseling capacity, outreach capacity, past successful
performance and positive outcomes with documented counseling
plans (including post mortgage foreclosure mitigation
counseling), loan workout agreements and loan modification
agreements;
(6) Of the total amount made available under this
paragraph, up to $5,000,000 may be made available to build
the mortgage foreclosure and default mitigation counseling
capacity of counseling intermediaries through NRC training
courses with HUD- or NRC-approved counseling intermediaries
and their partners, except that private financial
institutions that participate in NRC training shall pay
market rates for such training;
(7) Of the total amount made available under this
paragraph, up to 4 percent may be used for associated
administrative expenses for the NRC to carry-out activities
provided under this section;
(8) Mortgage foreclosure mitigation assistance may include
a budget for outreach and advertising, as determined by the
NRC; and
(9) The NRC shall report bi-annually to the House and
Senate Committees on Appropriations as well as the Senate
Banking Committee and House Financial Services Committee on
its efforts to mitigate mortgage default. Such reports shall
identify successful strategies and methods for preserving
homeownership and the long-term affordability of at-risk
mortgages and shall include recommended efforts that will or
likely can assist in the success of this program as well as
an analysis of any policy and procedures that failed to
result in successful mortgage foreclosure mitigation. The
report shall include an analysis of the details and use of
any post mitigation counseling of assisted borrowers designed
to ensure the continued long-term affordability of the
mortgages which were the subject of the mortgage foreclosure
mitigation assistance.
United States Interagency Council on Homelessness
Operating Expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$2,150,000.
Title II of the McKinney-Vento Homeless Assistance Act, as
amended, is amended in section 209 by striking ``2007'' and
inserting ``2008''.
TITLE IV
GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 401. 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. 402. 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. 403. 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. 404. 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. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) creates,
reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement accompanying this Act, whichever is
more detailed, unless prior approval is received from the
House and Senate Committees on Appropriations: Provided, That
not later than 60 days after the date of enactment of this
Act, each agency funded by this Act shall submit a report
[[Page H15715]]
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. 406. 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. 407. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole source
contracts by no later than July 31, 2008. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole source contract.
Sec. 408. (a) None of the funds made available in this 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. 409. None of the funds made available in this Act may
be used to provide homeownership assistance for applicants
described in 274A(h)(3) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)(3)).
Sec. 410. None of the funds in this Act may be used to
employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 411. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfield as defined in the Small Business Liability Relief
and Brownsfield Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 412. 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. 413. 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. 414. 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. 415. 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).
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2008''.
Amendment to the Senate Amendment to H.R. 2764
Page 227 of the amendment of the Senate, strike lines 3
through 5 and insert the following (and conform any table of
contents accordingly):
DIVISION L--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR OPERATION
ENDURING FREEDOM AND FOR OTHER PURPOSES
TITLE I
Sec. 101. It is the sense of the Congress that the
performance of United States military personnel should be
commended, their courage and sacrifice have been exceptional,
and when they come home, their service should be recognized
appropriately.
Sec. 102. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984)--
(1) section 2340A of title 18, United States Code;
(2) section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations; and
(3) sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 103. Not later than February 15, 2008, the President
shall submit to the Congress in classified and unclassified
form a comprehensive regional stability plan for the Middle
East, which shall include a military, diplomatic, political
and economic strategy that provides for the national security
interests of the United States in the region and for the
engagement of targeted counterterrorism operations. The plan
shall include a detailed description of the projected United
States military force presence in and around the Middle East
region for the 5-year period beginning on October 1, 2008.
Sec. 104. None of the funds provided in this Act shall be
available to fund Operation Iraqi Freedom. The prohibition in
this section shall not apply to the purchase or fielding of
body armor and other force protection items to protect United
States military and civilian personnel in the areas of
operation.
TITLE II
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$311,471,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $19,058,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $17,797,966,000: Provided, That funds made available
under this heading shall be used only in support of Operation
Enduring Freedom.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $350,000,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $2,010,671,000: Provided, That funds made
available under this heading shall be used only in support of
Operation Enduring Freedom.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $800,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $483,000,000, of which not to exceed
$333,000,000, to remain available until expended, may be used
for payments to reimburse key cooperating nations, for
logistical, military, and other support provided to United
States military operations, notwithstanding any other
provision of law: Provided, That such payments may be made in
such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State and in consultation
with the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account
for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph.
Afghanistan Freedom Fund
(including transfer of funds)
For ``Afghanistan Freedom Fund'', $2,529,963,000, to remain
available for transfer only to support operations in
Afghanistan and related activities in support of the Global
War on Terror: Provided, That none of the funds provided
herein shall be used for activities in Iraq: Provided
further, That the Secretary of
[[Page H15716]]
Defense and the Director of National Intelligence shall, no
fewer than 30 days prior to making transfers under this
authority, notify the Committees on Appropriations of the
House of Representatives and the Senate in writing of the
details of any such transfer made for intelligence
activities: Provided further, That funds transferred shall be
merged with and be available for the same purposes and for
the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority
is in addition to any other transfer authority available to
the Department of Defense.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $4,269,000,000: Provided, That such
funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Director of the Joint Improvised Explosive
Device Defeat Organization to investigate, develop and
provide equipment, supplies, services, training, facilities,
personnel and funds to assist United States forces in the
defeat of improvised explosive devices: Provided further,
That within 60 days of enactment of this Act, a plan for the
intended management and use of the Fund is provided to the
congressional defense committees: Provided further, That the
Secretary of Defense shall submit a report not later than 60
days after the end of each fiscal quarter to the
congressional defense committees providing assessments of the
evolving threats, individual service requirements to counter
the threats, the current strategy for pre-deployment training
of members of the Armed Forces on explosive devices, and
details on the execution of this Fund: Provided further, That
the Secretary of Defense may transfer funds provided herein
to appropriations for operation and maintenance; procurement;
research, development, test and evaluation; and defense
working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That upon
determination that all or part of the funds so transferred
from this appropriation are not necessary for the purpose
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the Secretary of
Defense shall, not fewer than 5 days prior to making
transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such
transfer.
PROCUREMENT
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,176,000,000.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$524,800,000.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$644,150,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$114,600,000, for operation and maintenance, for care for
wounded and injured military personnel and for enhanced
soldier and family support including psychological health.
GENERAL PROVISIONS
Sec. 201. Appropriations provided in this Act are
available for obligation until September 30, 2008, unless
otherwise provided in this Act.
(transfer of funds)
Sec. 202. (a) Upon a determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer between appropriations
up to $4,000,000,000 of the funds made available to the
Department of Defense in this Act.
(b) The Secretary shall notify the Congress promptly of
each transfer made pursuant to the authority in this section.
(c) The authority provided in this section is in addition
to any other transfer authority available to the Department
of Defense and is subject to the same terms and conditions as
the authority provided in section 8005 of the Department of
Defense Appropriations Act, 2008, except for the fourth
proviso.
Sec. 203. Funds appropriated in this Act, or made
available by the transfer of funds in or pursuant to this
Act, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of
section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
Sec. 204. None of the funds provided in this Act may be
used to finance programs or activities denied by the Congress
in fiscal years 2007 or 2008 appropriations to the Department
of Defense or to initiate a procurement or research,
development, test and evaluation new start program unless
such program or project must be undertaken immediately in the
interest of national security and only after written prior
notification to the congressional defense committees.
Sec. 205. (a) From funds made available for operation and
maintenance in this Act to the Department of Defense, not to
exceed $500,000,000 may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program, for the purpose of enabling military commanders in
Afghanistan to respond to urgent humanitarian relief and
reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Afghan people.
(b) Not later than 15 days after the end of each fiscal
year quarter, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the
source of funds and the allocation and use of funds during
that quarter that were made available pursuant to the
authority provided in this section or under any other
provision of law for the purposes of the programs under
subsection (a).
Sec. 206. (a) During fiscal year 2008, funds available in
this Act to the Department of Defense for operation and
maintenance may be used, notwithstanding any other provision
of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support
to Coalition forces supporting military and stability
operations in Afghanistan.
(b) The Secretary of Defense shall provide quarterly
reports to the congressional defense committees regarding
support provided under this section.
Sec. 207. Of the funds appropriated within Public Law 110-
116, not less than $6,900,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Army'' and not
less than $500,000,000 under the heading ``Operation and
Maintenance, Marine Corps'' shall be available only to
support child care center operations, family and youth
activities, custodial services, training range operations,
family advocacy programs, base force protection activities
and military recruiting programs, to include pay for civilian
employees of the Department of Defense.
Sec. 208. Each amount appropriated or otherwise provided
in this Act is designated as an emergency requirement and
necessary to meet emergency needs pursuant to subsections (a)
and (b) of section 204 of S. Con. Res. 21 (110th Congress),
the concurrent resolution on the budget for fiscal year 2008.
This Act may be cited as the ``Operation Enduring Freedom
Emergency Appropriations Act, 2008''.
The SPEAKER pro tempore. Pursuant to House Resolution 878, the
gentleman from Wisconsin (Mr. Obey) and the gentleman from California
(Mr. Lewis) each will control 30 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. OBEY. Mr. Speaker, I ask unanimous consent that Members may have
5 legislative days in which to revise and extend their remarks on the
pending legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. OBEY. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, I think people know what this bill is all about and, at
this point, I don't have any intention of talking more about it, unless
provoked.
But let me simply take this time to bring to the House's attention
the fact that Frank Cushing, who is a 23-year Hill veteran, is leaving
the Congress at the end of this term. Frank has served as the staff
director for the Republican majority, and now also for the Republican
minority. He's also, in the past, served the House as the chief clerk
of the VA/HUD Appropriations Subcommittee.
And I know I should not say it in this body, but he also served
numerous positions in the Senate, including staff director for both the
majority and minority of the Committee on Energy and Natural Resources
and clerk of the Interior Appropriations Subcommittee.
I think that the House owes Frank a debt of gratitude for the work
that he's done through the years. I think the country owes Frank a debt
of gratitude. He's a fine public servant. I hate to see him go, and I'm
sure that that sentiment is shared in spades by the gentleman from
California and the other side of the aisle. So I want to extend my best
wishes to Frank.
Mr. Speaker, I reserve the balance of my time.
Mr. LEWIS of California. Mr. Speaker, let me begin by expressing my
appreciation to Mr. Obey for recognizing the fabulous work of Frank
Cushing. We expect we'll do more of this as we go forward in the
several days ahead of us, but in the meantime, his thoughtfulness is
very much appreciated by all of us on this side who have worked so
closely with Frank on the appropriations process.
It's not my intention to speak extensively on this matter. There are
some things that do need to be said. But, nonetheless, all of us know
in 7 days it will be Christmas Eve. Tonight I find myself more hopeful
than just a few days ago that we will be home, if we choose, by
Christmas.
Tonight the House is considering a massive year-end omnibus spending
package. I must confess that while I
[[Page H15717]]
know the broad parameters of what's included in this package, the
details are still not widely known. I'm told that it adheres to the
President's top line on spending, which is encouraging and, obviously,
a step in the right direction.
I am pleased that, though, through the weekend negotiations Chairman
Obey and other leaders have agreed to drop provisions that would have
triggered a Presidential veto. Still, I'm troubled by the fact that
these two amendments before us fail to provide any funding to our men
and women in uniform in Iraq; yet I remain hopeful that this oversight
will soon be addressed by the other body.
It's unfortunate that we find ourselves considering an omnibus
package at all for it represents to, I think, both the chairman and
myself a breakdown of regular order. I do not blame Chairman Obey for
this breakdown.
This year the House passed each of the spending bills in an orderly
fashion. And while I believe that these bills spent too much money, the
House Appropriations Committee kept its word by completing its work.
The breakdown of regular order, particularly in the other body, is
largely to blame, once again, on our failure to complete our work on
time in the regular order of the year.
Our Congress, our country are best served when we move our individual
bills through the legislative process. It is the only way that we can
provide adequate oversight, both policy and spending, that is. That
challenge was particularly acute this year with a Democratic majority
writing and passing spending bills that initially exceeded the
President's budget by some $23 billion. The President has been very
clear all year long that he would veto any spending bill that exceeded
his budget request. All told, the House spending bills, as passed last
summer, dramatically exceeded the President's budget request, and yet,
for months, the Democratic majority chose to dismiss or ignore the
President's clear intent.
We are now 78 days into the new fiscal year, and it appears that
after months of work by our exhausted committee staff, we are on the
verge of having a spending package the President may be able to sign. I
say may be able to sign because this package, lacking adequate funding
for our troops, is still incomplete. For this reason, I'm not able to
endorse legislation as presently written. I cannot and will not support
a spending package that fails to provide for the needs of our troops in
harm's way in Iraq and Afghanistan. Where the House has failed to act,
I'm hopeful that the Senate will demonstrate its leadership. It is
absolutely essential that the Senate support our troops with no strings
attached.
Before closing, Mr. Speaker, let me take a moment to express my
appreciation to all of our staff. As David has expressed, the fabulous
work by Frank Cushing, he's been supported on our side, as David has on
his side, by very hardworking, very fine people who have been working
day in, day out, night and day over the weekends. They have prepared
this legislation as best their side would allow them, and our side as
well. Many of our staff have not yet put a Christmas tree up and even
begun to prepare for the holidays because of the work of the committee.
Let me say to each of you, I thank you, thank you for your fine work.
All of our professional staff has worked together as a team on both
sides.
Again, I remain hopeful that the Senate will amend this spending
package and quickly return it for our consideration. Until then, I must
reluctantly urge my colleagues, I'd include in that even committee
members on both sides of the aisle, I encourage our colleagues to
oppose this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished majority
leader, Mr. Hoyer.
Mr. HOYER. Mr. Speaker, this legislation that is before us will fund
our government this calendar year. That was not done last year. Would
that it had been done sooner. Would that it had addressed the
priorities that we believe the American public supported strongly in
November of last year. Would that we were investing the appropriate
amounts in education, in health care, in the environment and community
health centers and NIH basic biomedical research. Would that we funded
them at reasonable levels.
The President indicated that he was going to veto, as Mr. Lewis said,
a bill that was not at his figures. I have observed that this President
believes that his budget was sent down on tablets, not on paper. I
think that's unfortunate.
The Constitution of the United States, of course, gives to the
Congress of the United States sole authority to set policies for the
United States. In fact, our Founding Fathers never contemplated the
budget autonomy that this administration has sought for itself.
However, having said that, as Mr. Obey, our chairman has said,
rightfully, the votes are what they are. The necessity to come to
compromise in a democracy is inescapable if, in fact, both sides can
create stalemate. In this instance both sides could create stalemate.
That is not, however, the objective of our side. We believe that we
ought to, and have a responsibility to, fund our government. This bill
does that. This bill does that after having passed all 12 of our
appropriation bills prior to the August recess. Unfortunately, we find
ourselves at this late date, however, not having completed all of our
conference reports and having to move forward.
This bill is a relatively long bill, not the longest bill we will
have considered in this manner, but a relatively long bill. It looks
even longer if you only print on one side of the page to make a more
dramatic presentation.
Having said that, this bill incorporates all of the bills that passed
this house. This is not as if these are items of first impression. They
are bills that we considered in this House and passed with essentially
overwhelming bipartisan votes.
I remember when Mr. Lewis' side was in charge of the House and they
got five or six Democrats to vote for it, it was a bipartisan bill.
We've averaged 60 votes, if you take out the Legislative bill, on which
essentially games were being played, and perhaps the Foreign Ops bill.
You have over 60 average votes on the Republican side.
{time} 2130
This is bipartisan legislation. Ninety-five percent of the bill that
is presented here has been considered before. I want to congratulate
Mr. Obey for the work that he's done. I want to congratulate Mr. Lewis
for the work he's done.
More specifically, I want to thank the staff. The staff rightfully
ought to be exhausted. This staff has spent unbelievable amounts of
time in putting this bill together.
It is like every bill we pass, not a perfect bill. It is a bill, as
Mr. Lewis said, that the President has indicated that he might possibly
sign. That is, after all, the reality in a democratic environment,
where you have the people, having selected a Democratic House, and as
one of my friends observed the other day, they elected a third in the
Senate. Two-thirds of the United States Senate was elected in 2002 and
2004. Only a third of the Senate was elected in this last election. So
it may not be as reflective of the will of the American people as this
House is.
This House did its business on time. This House passed responsible
bills. Yes, it was $22 billion over. Mr. Lewis may be surprised to know
that from 2002 to 2006 he spent more on discretionary spending. I know
you are going to want to hear this figure: you spent a higher
percentage of GDP on discretionary spending than these bills do.
We have invested. We believe the investments included in this bill
are the minimal that we ought to make, and we're hopeful that Members
on both sides of the aisle can vote for this bill in a nonpartisan,
bipartisan fashion. There will be some who vote against these bills
because essentially they believe we ought not to be investing
significant sums in education and in health care and public safety. The
President's budget reflected that philosophy. That is not our
philosophy. It's not the philosophy, we believe, of the American
people.
So, my friends in this House, I would urge as we come to the end of
this session that we pass this bill. It is not what each and every one
of us wanted in this bill. There's more perhaps in
[[Page H15718]]
this bill than some want and less than some others want, but it is in
the exercise of the democratic process the possible. It funds our
government, it moves us forward, and it is worthy of our support.
I thank the chairman; and, yes, I thank the ranking member for their
work, and I urge my colleagues to vote ``yes'' on this omnibus
appropriation.
Mr. LEWIS of California. Mr. Speaker, I'm pleased to yield 2 minutes
to the ranking member of the Financial Services Subcommittee of
Appropriations, Mr. Regula of Ohio.
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Speaker, I thank the chairman for yielding.
I simply want to compliment Chairman Serrano in providing great
leadership in the financial services area. This is one of the few bills
that was substantially under the President's request, and in fact, it's
more than $1 billion under the President's request, which was kind of
unusual.
But more importantly, I won't begin to get into all the features of
the bill, but because of the news in a recent editorial in The Post, we
note that Mayor Fenty and Chancellor Ray are trying to improve the
school system of the City of Washington. That's a huge challenge; and
in this bill, we've tried to give them as much support as possible in
their effort to improve the opportunities for the young people in the
Washington, D.C., community. This city should be a leader in education.
Secondly, and there's language in here and I don't know how many of
you noted in The Post a couple of weeks ago a story indicating that
D.C. has the highest HIV/AIDS rate of any major capital in the world.
That's shameful and should not be, and we've provided language in this
bill to not only provide help to other countries but to provide help to
this city to address that problem and a lot of other features which,
regarding the interests of time, I won't get into.
As ranking member of the Financial Services and General Government
Subcommittee, I would like to thank Chairman Serrano for creating such
a fair and open environment in composing the Financial Services and
General Government portion of this bill. Chairman Serrano has provided
great leadership, knowledge, and an inclusive spirit while shepherding
this bill through. Additionally, my colleagues on the subcommittee have
provided valuable insight to the final product before us today. Lastly,
but equally as important, I would like to recognize the hard work,
dedication and expertise of the subcommittee staff on both sides of the
aisle without which none of this would be possible.
The Financial Services and General Government Appropriations Bill
allocates $20.6 billion in discretionary budget authority. By taking
into consideration the priorities of the President and the Members of
the House and Senate, we have produced a bill that meets the needs of
Americans, and the operations of our government while staying $1.1
billion below the President's budget request and approximately $800
million below the House request. I appreciate the efforts of our
counterparts in the Senate in helping us put forth this compromise.
Although the subcommittee's allocation is below the President's
request, it is still a significant increase from fiscal year 2007 and
contains more than adequate funds for the 32 agencies in this bill to
fulfill their missions. The bill provides funding for a diverse number
of agencies that affect the lives of all Americans. The agencies funded
in this bill regulate the financial and telecommunications industries,
collect taxes and provide taxpayer assistance, protect consumers from
harmful products, lend a helping hand to small businesses and
disadvantaged communities by providing them with capital, support the
operations of the White House and Federal Judiciary, provide Federal
payments to the District of Columbia, operate and maintain Federal
buildings, manage our Federal workforce, which is expected to
experience tremendous attrition rates over the next 10 years, assists
in the administration of Federal elections and protects consumers and
investors from fraudulent practices.
At this time I would like to highlight several items of importance to
me.
I am particularly pleased at the $97 million for Small Business
Development Centers, an increase of nearly $10 million. The Small
Business Development Centers account is the Small Business
Administration's primary method of providing management assistance to
small businesses. In my State of Ohio we have over 889,000 small
businesses, and every dollar invested in the OHIO SBDC network
leverages at least $2. This program is vital to the life of small
business.
I am also encouraged to see $1.1 million for Treasury's Office of
Financial Education, an increase of approximately $400,000 over the
President's request. The increase is targeted toward improving the
National Strategy for Financial Literacy and expanding efforts at
financial literacy in elementary schools and high schools. Financial
literacy is a very important life skill, and I look forward to working
with the chairman to further develop this initiative to ensure maximum
programmatic impact.
Additionally, the bill increases essential funding for the Internal
Revenue Service to close the nearly $300 billion tax gap. Closing the
tax gap is critical as most Americans do not mind paying their fair
share of taxes as long as they know others are doing the same.
Furthermore, $3.6 billion is set aside for taxpayer support services
activities aimed at tax return preparation, the IRS National Taxpayer
Advocate and IRS outreach and education efforts to serve taxpayers by
helping them understand their tax obligations before they file. These
activities have been steadily reduced in recent years and are in need
of a boost.
Last, but not least, I am supportive of the funding appropriated in
the bill to improve education in the District of Columbia. We are in a
unique position to help the new Chancellor and Mayor provide a better
future for the children of Washington. The children in Washington, DC,
have been at a disadvantage for many years, and I look forward to
working with the Mayor to enhance the school system to give the
children of DC a chance to succeed.
Also, the bill contains language regarding HIV/AIDS in DC. One in
every 20 city residents in Washington, DC, is thought to have HIV, and
one in every 50 has AIDS; these rates are higher than those in many
poorer countries. I find this astonishing and disheartening. I look
forward to working with my colleagues, the Mayor, and the
administration to address this serious problem.
Chairman Serrano has done a fair job in allocating funds to the
various agencies within the bill. However, I do have a couple of
spending concerns, which I would like to outline.
Primarily, I am concerned about $125 million added to this bill in
unrequested funding for election assistance grants. This program has
not been authorized to receive funding in 2008, and there still remains
a large carryover balance, which leads me to believe this money cannot
be used effectively before the 2008 elections.
I am also concerned about the elimination of funding for the
Department of Homeland Security to begin planning their new
headquarters building. This funding is critical to begin relocating DHS
employees who are currently spread out all across Washington, DC, under
one roof.
Lastly, I am pleased to note that all of the contentious policy
riders have been eliminated from the bill. Therefore, I strongly
support the Financial Services and General Government section of this
bill.
Mr. OBEY. Mr. Speaker, I have no speakers at this time.
Mr. LEWIS of California. Mr. Speaker, can you tell us how much time
there is on each side.
The SPEAKER pro tempore. The gentleman from California has 23 minutes
remaining. The gentleman from Wisconsin has 27 minutes remaining.
Mr. LEWIS of California. Mr. Speaker, I'm pleased to yield 2 minutes
to my colleague, the gentleman from Wisconsin (Mr. Ryan).
Mr. RYAN of Wisconsin. I thank the gentleman for yielding.
First, I'd like to associate myself with the chairman's comments in
recognizing Frank Cushing and his accomplishments and wishing him well
in his retirement.
Mr. Speaker, this is a bill that's 3,565 pages. Yes, I'm seeing that
it was printed on one side, but this is the bill that was handed to us
by the majority staff in the Rules Committee. It's their bill. They
printed it for us, 34.4 pounds.
This bill has, we think, 9,200 earmarks in it. We believe hundreds of
these earmarks were air-dropped, never seen before in the House, never
seen before in the Senate, brand new, just delivered right here on this
House floor. We received this bill today. We'll be voting on this bill
in about 10 minutes.
This bill takes $10 million from border security to commit $10
million of taxpayer funds to hire defense attorneys for illegal
immigrants. We don't know exactly how they do that, but that's in here.
The point is, Mr. Speaker, this is a bad day for this House. This is
a bad day for the fiscal policy of this country. We are about to vote
on a bill that commits about $515 billion in spending, 3,500 pages
long, 9,200 earmarks, many we've never seen before; and we're
[[Page H15719]]
going to vote on this in about 10 minutes, and we'll have had less than
1-hour debate on the entire measure.
This is no way to run a railroad, Mr. Speaker, and sadly, it has been
run like this in the past. The new day we were promised with the new
majority, in fact, is not a new day. Unfortunately, it's like days of
old.
I'm very pleased that the number did not go up to where the majority
wanted it to go, an extra $23 billion, which would have brought another
$196 billion of deficit spending into the budget. Thankfully we're at
that lower number; but when you look at this process, when you look at
what's in this bill, as we are just getting through this bill, this
bill should be defeated; and I urge a ``no'' vote on this legislation.
Mr. OBEY. Mr. Speaker, I yield myself 3 minutes.
The last people I will take any lectures from on earmarking are my
colleagues on the other side of the aisle. The last time I chaired the
Labor-Health-Education appropriation bill, there were no earmarks. In
the last year of the Republican regime, there were over 3,000. Earmarks
exploded under their rule.
Two years ago, there were $16 billion in earmarks. The bill that we
bring tonight contains a 43 percent reduction in that amount. In July,
I offered this House an opportunity to strip all earmarks from the
bill. We got exactly one Republican vote out of five in support of that
motion. We got 45 Republican votes for that motion, less than 22
percent.
Last week, I suggested again that all earmarks be removed. I was run
over by a majority of both caucuses.
Let me also point out that if the gentleman is complaining about so-
called air-drops in projects, of course there are projects that were
air-dropped. There were two appropriation bills that left the House
that had no earmarks because they were the first ones out of the box,
and we were trying to stay on schedule. Every Member in the House
except the most obtuse knew that those earmarks would have to be added
in the Senate, and they were, in the Homeland Security bill and in the
Military Construction bill.
As far as the Labor-Health Subcommittee is concerned, the earmarks
that were added there are only the earmarks that were added from
Members who were not in the House at the time that the House bill
passed. Those districts are entitled to representation, too, and those
Members are entitled to be treated with consideration, just as every
other Member of the House is.
So with all due respect, one last point: the gentleman complains,
again, about the fact that we are passing an omnibus appropriation bill
containing hundreds of pages and billions of dollars. I will hold that
in this hand. I'm holding in my right hand all of the pages from the
domestic budget that the Republican Congress passed when they were in
power. You know how many pages there were? None, because they never got
the job done on a single appropriation bill.
So if I have to choose between getting our work done in an omnibus
bill like this or doing nothing and turning your job over to the next
Congress, pardon me, it may not be elegant, but I'll take the product
that chose the work.
Mr. Speaker, I reserve the balance of my time.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. Hensarling).
Mr. HENSARLING. I thank the distinguished ranking member for
yielding.
There are so many different reasons, Mr. Speaker, that we should
oppose this massive omnibus spending bill, not the least of which is
the process. The process can lead to bad results.
When the Speaker, Speaker Pelosi, was the minority leader, she said
this was a terrible process. In fact, I quote: ``The Republican
leadership forced through a so-called `martial law' rule that required
a same-day vote, preventing Members of Congress from having enough time
to read legislation that spent hundreds of billions of dollars and was
thousands of pages long. This arrogance of power is part of a pattern
of abuse.''
Now, that's what the Speaker thought when somebody else was in
control; but now that her party is in control, I guess it's perfectly
appropriate to present a 3,565-page bill on the very same day, of which
I'm told 692 pages are devoted to earmarks, and for us to spend
approximately 60 minutes debating $515 billion. If I did the back-of-
the-envelope math properly, we're debating $9.1 billion of the people's
money each minute.
Where's the transparency here, Mr. Speaker? Where's the
accountability? And this is a bill that still grows government at twice
the rate of inflation. There's not one Member of this body who knows
what is in this bill, and I'd include the distinguished chairman of the
Appropriations Committee. It defies logic that any one Member of this
body knows what's in the bill. It should be rejected on that alone.
But, Mr. Speaker, ultimately this bill puts us on a path to double
taxes on the next generation, and don't take my word for it. Listen to
the director of the Congressional Budget Office appointed by the
Democrat majority. Listen to the Comptroller General. They all say the
same thing. Reject this monstrosity.
Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
The gentleman complains that we're spending 60 minutes debating the
contents of this bill tonight. Mr. Speaker, do you know how many
minutes we spent debating the contents of the domestic appropriation
bill conference reports in the last session of Congress when the
Republicans controlled? Zero, because they produced zero legislation.
{time} 2145
They left their dirty work to us, so we had to do twice the work this
year because they didn't do any of it on the domestic side of the
ledger last year. So 60 minutes may not be a lot to debate, but it's a
whole lot more than zero.
Mr. Speaker, I reserve the balance of my time.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Connecticut (Mr. Shays), the ranking member of the
Budget Committee.
Mr. SHAYS. I thank the gentleman for yielding.
Mr. Speaker, 10 bills into one omnibus bill divided into two parts:
fund the government, nonmilitary; fund Afghanistan.
What about Iraq?
2007 has been a remarkably positive year for our troops in Iraq, for
the Iraqi Government, for the Iraqi people. But too many in this
Congress are reluctant to acknowledge the success. The training of
Iraqi military, police, border patrol is finally beginning to pay off.
The surge is working. The tribal leaders are siding with us, not al
Qaeda. So what about Iraq? And what about our troops in Iraq? We can
fund our troops in Afghanistan but we can't fund our troops in Iraq?
Our troops in Iraq deserve better. They have overcome one obstacle
after another. Unlike last year, we are winning in Iraq. We need to
draw down our troops month by month, but our troops in Iraq deserve to
be fully funded until then.
I look forward to the Senate's acting more responsibly than this
House and giving us a bill that will fund Iraq as well.
Mr. OBEY. Mr. Speaker, I have no further requests for time, and I
reserve the balance of my time.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Arizona (Mr. Flake).
Mr. FLAKE. Mr. Speaker, I didn't plan to speak on the bill itself. I
already spoke on the rule. But I have been hearing some of the
conversation in my office and felt I had to come down.
The honorable majority leader mentioned that there are things in this
bill we have seen before. That's not entirely true. There are literally
hundreds and hundreds of earmarks that we have not seen before. Now,
some of them are part of the bills that passed without earmarks, MilCon
or homeland security. But in the case of homeland security, we were
told we could do that because that's not a bill that is traditionally
earmarked. It hasn't been.
Well, it is now. There are more than 100 earmarks there.
And the gentleman from Wisconsin mentioned that in Labor-HHS, there
were only earmarks added for new Members who are coming because they
are entitled to representation.
I would suggest that nobody is entitled to get earmarks. You're
entitled
[[Page H15720]]
here, as a Member of Congress, to exercise oversight in how the Federal
agencies spend money. It doesn't entitle you to get earmarks.
And, also, on that same point, we have the Energy and Water bill that
we did consider, and there were hundreds, if not, I think, close to
1,000 earmarks there. Well, we added 34 more. I will just highlight one
of them. There's one for the Northwest Regional Planning Commission
manufacturing conversion for energy efficiency, a $5 million earmark.
Mr. OBEY. Mr. Speaker, will the gentleman yield?
Mr. FLAKE. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Speaker, the Energy and Water Subcommittee didn't add
36 earmarks. It added 38.
Mr. FLAKE. I said 34, but I will take your correction. Thank you.
But, Mr. Speaker, these were earmarks that were added in addition to
what was there before. They were air-dropped. They are earmarks that we
haven't seen before that we do not have an opportunity here to strike
or even debate. I mean, there are some of them that are simply for a
city. We are told Findlay, Ohio, will get $100,000. For what? Ottawa,
Ohio, $100,000. For what? We don't know. The City of Santa Clarita,
California, will get $41,000. For what? We have no idea.
We simply don't know what's in this bill. How can we be voting on it?
Mr. LEWIS of California. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. OBEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to express my appreciation for the tremendous
work done by the entire staff. It's already been mentioned by the
gentleman from California. I want to publicly express my gratitude to
the entire staff on both sides of the aisle as well as the associate
staff and especially Rob Nabors, our staff director on the committee.
I don't think Members sufficiently appreciate how many nights in a
row these staff people go without sleep. These people have literally
been here virtually around the clock for the last 3 days. It's a
miracle that they don't make some major mistakes.
I also want to express our special concern tonight for Dixon Butler,
a staffer who has served the committee very well who underwent some
very serious surgery yesterday. I think it's safe to say that Members
on both sides of the aisle are very concerned about him, and we hope
he'll take all the time he needs to get well.
I also want to make a few remarks to put this bill in context,
because it is the major domestic achievement of the Congress for this
year.
Last year, Mr. Speaker, in November, the public sent two messages.
One was that they wanted to end the war in Iraq. The second was that
they wanted a change in national priorities. We have struggled mightily
to bring about both, and we have failed for two reasons. Number one,
because we have not had enough votes in the Senate. The public thinks
that my party has control of the United States Senate. Unfortunately,
we merely have custody of it. Under their peculiar rules, they require
60 percent of the votes to make a major decision. We only have 51
percent of those votes on our side of the aisle in the Senate.
The second reason that we have failed to accomplish a good many
things that we wanted to accomplish is because the President, after the
election, essentially told the American people, Forget what message you
thought you were sending. I'm the great decider. We're going to
continue to do things my way. And that is what he has tried to do.
The result is that we have passed bills to try to change direction in
Iraq twice. The President vetoed one of them, and he has blocked action
on the other one in the United States Senate. He has insisted that we
spend nearly $200 billion more for Iraq, but he said at the same time
that we could not afford one-tenth that amount for crucial investments
here at home.
We sent appropriation bills containing 70 percent of domestic
discretionary spending to the President. On a bipartisan basis we sent
those bills down. We averaged almost 60 Republican votes. He chose the
veto path instead, and so only the Defense appropriation bill has
become law.
He has insisted that he write the top line in the budget. If we did
that, we would have cut 800 grants from the National Institutes of
Health. We would have cut access to health care by $600 million. We
would have cut rural health by 54 percent, vocational education by 50
percent. We would have eliminated every student aid program except Pell
Grant and Work-Study. We would have cut the State and local law
enforcement grants by $1.2 billion. We would have cut deeply into
renewable energy.
We sent to him legislation which had very different priorities. He
vetoed it. Next we asked, Why don't we split the difference? Why don't
we go halfway to the President and have him come halfway to us? His
response was, No way.
So now, as the majority leader has said, we're at the end of the
road. This is the last chance to produce a set of domestic priorities
that are different from those the President proposes.
In my view, this bill is totally inadequate to meet the long-term
investment needs of the country, but it is a whole lot better than
would have been the case if we had not waged the fight. Because of that
fight, this bill will contain $600 million more than the President
wanted for the National Institutes of Health. It will contain $1
billion more than the President wanted for community health centers and
other points of health care access. It will contain $150 million more
to help rural communities deal with their health problems. It will
contain $150 million more for the Social Security Administration to
deal with its disability backlogs. It will contain $800 million more in
elementary and secondary education than the President wanted. It will
provide $575 million above the President for vocational education. It
will provide $1.2 billion more in State and local law enforcement
assistance than the President wanted. It will provide $1.8 billion more
for homeland and border security. And it will provide $500 million more
for renewable energy and energy efficiency.
And, most importantly, it will provide $3.7 billion more for
veterans' health care. It seems to me if the President can ask us to
spend $200 billion more on the war in Iraq, we can spend $3.7 billion
more to help those who wage the war at great risk to their own health
and their own lives.
This bill also contains $7 billion in emergency funding. Eighty-five
percent of that money has been asked for by the administration. It
didn't originate here.
All in all, we have been able to move about $21 billion into a better
set of priorities than we were presented with when we were presented
with the President's budget.
We have heard a lot about all of the shortcomings in process tonight,
but let me make clear there is one vital difference between what we are
doing this year and what we did a year ago. Last year under a
Republican majority, our friends on the other side of the aisle were
not able to complete action on a single domestic appropriation bill, so
we were left to deal with that when we took control of this institution
in January. The difference is that this year we are recognizing that in
an adult world, win, lose, or draw, we have an obligation to reach some
final decisions. We have an obligation to compromise and move on. And
that's what we are trying to do with this legislation. It is a
responsible thing to do.
I want to thank every Democrat who supported it. I want to thank
every Republican who will support it. And I would hope that this can
finally wrap up the session, reflecting somewhat better than the
President's budget has what the priority wishes are of the American
people. I ask for ``aye'' votes on the two amendments.
Mr. UDALL of Colorado. Mr. Speaker, I am far from enthusiastic about
voting for this bill, but I will do so despite its shortcomings.
Ironically, one of the worst shortcomings is that it is too long. It
rolls into one massive measure provisions from no fewer than 11 regular
appropriations bills that the House passed earlier this year, creating
a ``consolidated'' omnibus that was not finished until yesterday and
that very few if any Members have had a chance to completely review.
I regret that once again the apparent inability of the Senate to pass
all but a few appropriations bills has led to this result. This is not
the way Congress should do its work. That is
[[Page H15721]]
why I have joined as a cosponsor of a resolution, H. Res. 283, that
would change the House's rules to generally bar consideration of a
conference report including accounts within the jurisdiction of more
than one appropriations subcommittee--and, while technically the
measure before us is not a conference report, I think that it would be
better not to proceed in the way we are doing today.
An even greater shortcoming is that this bill fails to provide the
level of funding I think is needed for some important purposes. This
results directly from President Bush's insistence that he will veto any
bill appropriating more money than he has requested for domestic
purposes and from the blind loyalty of Republican members of Congress,
both here and in the Senate, who have made clear they will support any
such veto.
But, despite these shortcomings, I will vote for the bill because it
still is better than would have resulted if we had simply rubber-
stamped the President's budget requests and because it includes
provisions that will directly benefit Colorado and the Nation.
On a matter of great importance for all Coloradans, and especially
residents of our Western Slope, the bill retains my amendment barring
BLM from proceeding with final regulations for a commercial oil shale
leasing program during fiscal year 2008, plus additional language in
the explanatory statement that makes clear that the Interior Department
must provide adequate time for the Governor and the public to provide
input before any such final regulations are adopted.
This demonstrates that Congress has listened and will insist that the
administration move carefully with regard to commercial-scale
development of oil shale, even though the revisions of the oil shale
provisions of the 2005 energy policy act approved by the House earlier
this year are not included in the Senate version of the energy
legislation that the House will consider later this week. Those
revisions would have required that BLM issue proposed regulations and
allow ample time for public comments on them. The language in this
appropriations measure, which affects only final regulations, is
consistent with that approach.
And the bill also provides funding for many things of direct
immediate benefit to Colorado, including much-needed improvements to
our transportation infrastructure, the continued acquisition of lands
in the Beaver Brook watershed for inclusion in the Arapaho-Roosevelt
National Forest, and work by the Corps of Engineers and the Bureau of
Reclamation with respect to our vital water supplies.
Other examples of specific items for use in Colorado include funds
for child abuse prevention and treatment programs in Golden, for career
training in the health professions at Aims Community College in
Greeley, for health information systems at the Avista Adventist
Hospital in Louisville, for facilities and equipment to be used by
Children's Hospital in Denver.
The bill's provisions for the National Park System include funds for
several Colorado units, including land acquisition at Mesa Verde and
for construction work at Rocky Mountain National Park. It also makes a
start toward the Centennial Challenge initiative which has such promise
for parks in our State and nationally.
And Colorado and the entire country will benefit because the measure
includes funds for the vital work of the National Renewable Energy
Laboratory, NREL, including critical funding for the Energy Systems
Integration Facility, ESIF.
ESIF will be a state-of-the-art facility to accelerate research into
energy systems integration and the key issues of interconnectivity and
control of resources. The $55 million included in the bill for ESIF
will enable NREL to begin construction on this needed facility in
fiscal year 2008, and the $7 million for South-Table Mountain, STM,
Infrastructure will help with initial construction on this site while
the $8 million for solar equipment will allow NREL to purchase state-
of-the-art solar equipment for the Solar Energy Research Facility.
There is also funding for energy-related work at the Colorado School
of Mines as well as for use in connection with a biodiesel project in
Costilla County and the sustainable biofuels development center.
In fact, the bill provides a full $486 million more than President
Bush requested for investments in solar energy, wind energy, biofuels,
and energy efficiency--something that I am very glad to support.
In addition, I am glad that there is funding within NASA's earth
science account to initiate important climate research missions as well
as well as an endorsement of language in the House-passed Commerce,
Justice, Science appropriations report that called for continued
support for climate sensors already in development. This includes the
Total Solar Irradiance Sensor, TSIS, which is being built by the
University of Colorado's Laboratory for Atmospheric and Space Physics.
However, as chairman of the House Space and Aeronautics Subcommittee,
I am disappointed that to construct a bill the President would sign,
the higher funding levels for the National Aeronautics and Space
Administration, NASA, provided in both the House and Senate bills had
to be sacrificed. It is clear that Congress recognizes the value of
NASA's activities in science, aeronautics, and exploration, and I hope
the President will send Congress a budget request next February that
would give NASA the resources it needs to carry out its important
missions.
As a member of the Armed Services Committee, I want to highlight some
of the items in the measure that are particularly important for
Colorado's servicemembers and veterans.
These include $61.3 million for the parking structure and energy
plant at Fitzsimmons Veterans Hospital and $7.3 million for a new F-16
facility at Buckley Air Force Base.
In addition, the bill will provide $35.1 million for the Pueblo
Chemical Depot, to be used for construction of on-site chemical
destruction facilities, with the goal of completing clean-up at the
facility by 2012.
And it includes nearly $170 million to support Fort Carson in the
context of the stationing of two new brigades and the new headquarters
of the Fourth Infantry Division. This includes $53 million for new
barracks; $18 million for an addition to Evans Army Hospital and a
dental clinic; $8.3 million for a Defense Access Road to allow
personnel and equipment to deploy easily from Peterson Air Force Base;
$4.9 million for a new indoor range; $72 million for new unit operation
facilities; and $13.5 million for construction of new facility support
operations for the 13th Air Support Operations Squadron.
There is also $24.5 million for an Air and Space Integration Facility
at Schriever Air Force Base and $15 million to upgrade academic
facilities at the Air Force Academy.
Mr. Speaker, I could continue at length but will conclude by simply
noting that the bill provides much-needed funding to study diseases
like Alzheimer's, cancer, Parkinson's, and diabetes; to help small
rural hospitals; and to provide 280,000 more underinsured Americans
with access to health care. It includes more adequate funding that the
president requested for education--including special education, after-
school programs and Head Start, Pell grants and other student
assistance--as well as for assistance to state and local law
enforcement and homeland security.
So, while as I said the bill has serious shortcomings and while I
would change many parts of it if I alone were ``the decider'' about the
matter, I think it deserves approval tonight and I will vote for it.
Mr. SERRANO. Mr. Speaker, I rise tonight to take a moment to
highlight some of the provisions that were included in the Financial
Services and General Government section of the omnibus appropriations
legislation that we are considering this evening.
Despite a limited allocation, and multiple cuts subsequent to the
House passed bill, the Financial Services and General Government
portion reflects the commitment that I made when I became chairman to
work on behalf of our consumers and to bring the priorities of the
agencies that this bill funds closer to the needs of our citizens,
especially the most disadvantaged.
The Consumer Product Safety Commission will receive a more than 27
percent increase over 2007 to help keep dangerous products out of the
hands of our children. This is especially poignant this holiday season
as we shop for safe gifts for our children. Funding for the Federal
Trade Commission is increased by 15 percent over 2007 so that we can
better address the problems of identity theft and deceptive lending
practices, which impact more and more consumers.
We have an obligation to assist our States as they struggle to make
sure that our 2008 elections are accurate and reliable. There was
included $125 million for grants to help States comply with the Help
America Vote Act, including upgrading voting machines and voter
registration databases. All citizens want to be sure that their vote
will count. This important funding moves us closer to that goal.
I am especially proud that we were able to fund the Community
Development Financial Institutions Fund at $94 million, a 72-percent
increase over 2007. This fund expands economic development and
affordable financial services for underserved communities through
housing loans, micro-business loans, and community development banks
and credit unions.
It is my firm belief that the Federal Government should not dictate
to the District of Columbia how it should manage its own affairs or
spend its own money. In this section we took some important steps in
this direction by allowing the District of Columbia to use its own
local funds for needle exchange programs to help fight the spread of
HIV/AIDS. This also removes longstanding restrictions on the use of
local funds by District leaders in support of voting representation in
the United States Congress. In addition, the District of Columbia,
Puerto Rico, and the territories will, with the passage of this
omnibus, have quarters with
[[Page H15722]]
designs they help select issued in 2009 to honor them and raise
awareness of the diverse places that fly the American flag.
The consumers of today and tomorrow must have financial education
programs that help them to better understand the complicated financial
world in which we operate. The current subprime lending crisis is just
one example of how important this funding is in our society today. The
Office of Financial Education at the Department of the Treasury will
receive $1.1 million, with $200,000 targeted at our future consumers
currently in our elementary and high schools, and $200,000 aimed at
efforts to protect all consumers against predatory lending. There is
also an increase in the Securities and Exchange Commission's budget
specifically for investor education and protection.
As our tax forms and obligations become more complicated, we as a
government should provide additional taxpayer assistance. In order to
address this need, $31.2 million is included above the President's
request to increase IRS outreach and education services for taxpayers
and small businesses, and tax return preparation services at Taxpayer
Assistance Centers. There is an additional $6.7 million above the
President's request to improve the services of the Taxpayer Advocate
Service and its oversight of the IRS. Eight million is included for a
new pilot grant program for Community Volunteer Income Assistance sites
and $1 million over the President's request for Low-Income Taxpayer
Clinics.
Recognizing the importance of our small businesses, there is an 11
percent increase over 2007 for Small Business Development Centers. The
Microloan program is funded at $17 million, which includes the $15
million for technical assistance that had been eliminated in the
President's request.
Our Federal workforce will be receiving a 3.5 percent cost-of-living
adjustment. In addition, there are provisions to make sure that Federal
workers whose jobs are threatened by privatization will have
protections to ensure that the competitions against contractors are
fair and unbiased. This bill also includes an important provision to
improve congressional oversight of the practice of service contracting
in Federal agencies. With contracting government-wide having grown to
over $400 billion, Congress needs to ensure that it has necessary
information on the size and scope of contracting in each agency. The
bill will establish a pilot program that will require the Office of
Management and Budget, OMB to track the cost and size of service
contracts in three Cabinet-level departments. The program will give
particular attention to contracts that have been performed poorly by a
contractor because of excessive costs or inferior quality. It is also
our intent that agencies other than the Department of Defense
participate in this program, since the Department of Defense will
already be subject to contract inventory requirements included in
section 807 of the National Defense Authorization Act, NDAA, for fiscal
year 2008.
I also want to clarify our intent with respect to section 739(b) of
the Financial Services bill, regarding the use of public-private
competition to evaluate the benefits of converting work from contract
performance to performance by Federal employees. The NDAA includes
section 324 relating to insourcing new and contracted out functions,
and the Department of Defense should follow the provisions included in
section 324 of its authorization.
There are also important provisions to address real national security
needs. Treasury's Office of Terrorism and Financial Intelligence
receives $56.8 million to help coordinate with the rest of the U.S.
intelligence community and with other countries to combat terrorist
financing. The Financial Crimes Enforcement Network receives $85.8
million to increase the number of financial transaction analysts
coordinating with intelligence agencies and law enforcement, and the
number of staff working to ensure Bank Secrecy Act compliance by
financial institutions. Funding is included for additional Treasury
staff to improve the review process of the Committee on Foreign
Investment in the United States.
I am also proud that this section of the bill recognizes, through
real dollars, how we value and want to protect our national heritage.
Operating expenses for the National Archives are funded at $315 million
in order to restore the research hours that had been reduced and to
expand the workforce of professional archivists. The Archives' grant
program will receive $9.5 million to assist in the preservation of the
historic documents of States, local governments, universities, local
historical societies, and others.
Our Financial Services portion will benefit Americans by bringing
Government in the agencies funded in this section closer to the people
and make it better able to fit its services to their needs. The
American people expect and deserve the best services their Government
can offer and this is reflected in this pro-consumer section.
Let me conclude by thanking my friend, ranking member, and partner,
Congressman Regula, for his hard work and collaboration throughout this
process. We might not agree on everything, but we worked together to
try and fashion the best possible financial services section. I also
want to express my appreciation and thanks for the hard work of our
staff, both the majority and the minority. They are dedicated and
devoted countless hours to the final product that we are considering
today.
I will vote in favor of this omnibus legislation tonight as we move
this process forward.
Financial Services and General Government Appropriations, 2008
Supporting consumers, voters, taxpayers, small businesses, and all
Americans
Consumer Issues:
The Consumer Product Safety Commission receives over a 27
percent increase over 2007 to help keep dangerous products
out of children's hands.
The Federal Trade Commission receives a 15 percent increase
over 2007 to help fight identity theft and fraudulent or
deceptive lending practices.
Election integrity:
$125 million is included to assist States in ensuring
accurate and reliable elections as we approach the 2008
presidential election. Within this amount, $10 million is
included for a new program to help states improve the
collection of information relating to the administration of
elections.
$200 thousand is included to help students learn about
elections through a mock election program.
Community economic development:
The Community Development Financial Institutions Fund
receives $94 million, a 72 percent increase over 2007, to
expand economic development and affordable financial services
for distressed communities.
Respect for the District of Columbia and for U.S.
territories:
For the first time in many years, the District of Columbia
may use its local funds to support needle exchange programs
that help fight the spread of HIV/AIDS.
The bill removes longstanding restrictions on the use of
local funds by District leaders in support of voting
representation in the U. S. Congress.
Quarters with designs from Puerto Rico, Guam, the U.S.
Virgin Islands, American Samoa, the Northern Mariana Islands,
and the District of Columbia will be issued in 2009 to honor
and raise awareness of the diverse places that fly the
American flag.
Puerto Rico, for the first time, is eligible to receive the
same proportionate share of election assistance grants that
states receive.
Financial education:
Treasury's Office of Financial Education receives $1.1
million, including $200,000 for efforts aimed at elementary
and high schools, and $200,000 aimed at efforts to protect
consumers against predatory lending.
The Securities and Exchange Commission's budget is
increased to support investor education and protection.
Taxpayer assistance:
$31.2 million above the President's request is to increase
IRS outreach and education services for taxpayers and small
businesses, and tax return preparation services at Taxpayer
Assistance Centers.
$6.7 million above the President's request is to improve
the services of the National Taxpayer Advocate and its
oversight of the IRS.
$8 million is for a new pilot grant program for Community
Volunteer Income Tax Assistance sites.
$1 million above the President's request is provided for
Low-Income Taxpayer Clinics.
Small business assistance:
Small Business Development Centers receive an 11 percent
increase over 2007.
The Microloan program is funded at $17 million. This
includes $15 million for technical assistance, which was
eliminated in the President's request.
Federal workforce:
A 3.5 percent Federal employee pay raise is included.
Federal workers whose jobs are threatened by privatization
will have protections to ensure that competitions against
contractors are fair and unbiased.
Concerns over costly or poorly performed government
contracts are addressed through report requirements that will
enable Congress to exercise greater oversight.
National security:
Treasury's Office of Terrorism and Financial Intelligence
receives $56.8 million to help coordinate with the rest of
the U.S. intelligence community and with other countries to
combat terrorist financing.
The Financial Crimes Enforcement Network receives $85.8
million to increase the number of financial transaction
analysts coordinating with intelligence agencies and law
enforcement, and the number of staff working to ensure Bank
Secrecy Act compliance by financial institutions.
Funding is included for additional Treasury staff to
improve the review process of the Committee on Foreign
Investment in the United States.
$250 million is included as part of a homeland security
border initiative to accelerate Land Port of Entry design and
construction and to assist the Federal Judiciary's
immigration casework.
Caring for our National heritage:
$315 million is included for National Archives operating
expenses to restore research hours and to expand the
workforce of professional archivists.
$9.5 million is included for the Archives' grant program to
help preserve the historic
[[Page H15723]]
documents of states, local governments, universities, local
historical societies, and others. The Administration proposed
to eliminate this program.
Mr. HALL of New York. Mr. Speaker, tonight this body did something
that it failed to do last year under the previous majority by passing
legislation to direct the spending of our Federal Government.
I am disappointed that the choice of the President and the minority
to engage in confrontation and obstruction instead of cooperation and
progress prevented us from more fully meeting America's needs in this
bill. Despite their intransigence, we were able to pass a bill that
began to reinvest in critical national priorities that had been
neglected for too long. Priorities like life saving medical research,
law enforcement, border and homeland security, K-12 education, college
aid, needed infrastructure improvements, renewable energy, and energy
efficiency. In addition to those steps, this bill lived up to the
commitment of this Congress to keep our promises to America's veterans
by providing $3.7 billion over the President's request for veterans'
medical care, claims processing, and facility improvements.
As I indicated this is not a perfect bill. I am deeply troubled by
the decision to include language that provides authority for the
Department of Energy to issue over $8 billion in loan guarantees to
coal-based energy projects, and over $20 billion for nuclear energy
projects, while authorizing only $10 billion for renewables and energy
efficiency. Nuclear power has shown itself to be an environmentally and
economically unsustainable form of energy, and has repeatedly failed
the test of whether it can survive without taxpayer support. Given the
nuclear industry's record of risk and nonperformance, expanding
taxpayer support for nuclear power would be throwing good money after
bad. In order to truly make the most progress possible toward a clean,
profitable, independent energy future for our Nation, it will be more
effective to devote maximum federal support to renewable energy
technologies like wind, solar, geothermal as well as new technologies
and improvements in efficiency.
While I remain concerned about the loan guarantee language, I believe
that in its totality the spending bill we approved tonight does a
tremendous amount of good by funding key programs that will make
America more secure and more prosperous. It makes necessary investments
in America's future, and that is why I voted for it.
Mr. McNERNEY. Mr. Speaker, in the next few days the House and Senate
are expected to pass H.R. 6, a comprehensive energy bill to chart a new
course for our Nation's energy policy. This legislation is a major step
towards a sustainable energy future, and I am proud that language was
included in the bill to advance geothermal research. Specifically, a
subtitle of H.R. 6 authorizes investments in new methods of extracting
geothermal energy from the earth. These technologies have the potential
to generate tremendous amounts of environmentally friendly,
domestically produced electricity.
Today we are considering the Fiscal Year 2008 omnibus appropriations
bill to fund most of our Federal Government for the coming year. It is
my hope that to the extent that funds are available beyond purposes
specifically directed by this appropriations measure, the appropriation
for the Department of Energy's geothermal research program should be
used to begin implementation of provisions in Subtitle B of Section VI
of HR 6, also known as the Advanced Geothermal Energy Research and
Development Act of 2007. Geothermal energy has the potential to
contribute significantly towards energy independence and efforts to
address climate change, and we should pursue this research without
delay.
Mr. OBERSTAR. Mr. Speaker, I am very concerned about the myriad
legislative provisions in this bill that modify projects and studies of
the U.S. Army Corps of Engineers, ``Corps''. These provisions,
contained in the Energy and Water Development and Related Agencies
Appropriations Act, 2008 division of H.R. 2764, affect authorizations
and policy issues that are solely within the jurisdiction of the
Committee on Transportation and Infrastructure.
Mr. Speaker, after 7 long years, the Committee on Transportation and
Infrastructure successfully enacted P.L. 110-114, the ``Water Resources
Development Act of 2007,'' ``WRDA 2007'', last month. This landmark
legislation authorizes roughly $23 billion in project studies,
authorizations, and modifications across the spectrum of Corps
missions.
Unfortunately, however, several of the provisions contained in the
Energy and Water Development Appropriations Act undermine agreements
reached in the House and Senate conference negotiations on the water
resources act. In addition, these provisions undermine existing
statutory obligations and Committee on Transportation and
Infrastructure policy with respect to Corps project authorizations.
Mr. Speaker, one of the most egregious examples of legislative
language contained in this bill is section 117, related to the project
at Johnson Creek, Arlington, TX. This provision expands the flood
damage reduction measures currently underway in Arlington, TX, to
provide additional flood protection to new developments currently being
constructed along Johnson Creek, including a major league baseball
stadium, a new national football league stadium, and a 5-million-
square-foot development plan for Glorypark that will be comprised of
multiple hotels, residential units, and commercial space nestled
between the creek and the two stadiums.
The original plan for Johnson Creek, authorized in the Water
Resources Development Act of 1999, called for the restoration of
approximately 155 acres of bottomland hardwoods, and recreation
features, e.g., walking trails, along Johnson Creek, at an estimated
total cost of $30,000,000. Construction on the authorized project is
approximately 50 percent complete.
During consideration of WRDA 2007, the Committee received a request
to modify the ongoing project for Johnson Creek--the very same
provision that is contained in section 117 of the Energy and Water
appropriations bill. Section 117 modifies the existing project to
convert approximately 90 acres of the 155 acres designated as
mitigation lands--and proposed for restoration in the original plan--
into a parking lot and other improvements related to the proposed
stadium construction. Section 117 provides for the construction of
additional flood control structures and the acquisition of an
additional 90 acres of new environmental restoration/preservation lands
to offset those lands constructed under the original authorization. The
estimated cost of the revised proposal is $80,000,000.
I opposed the proposed modification for Johnson Creek when it was
offered before the House Committee on Transportation and
Infrastructure, and continue to oppose the very same language that now
appears in section 117 of the Energy and Water Appropriations bill.
First, section 117 authorizes the Johnson Creek project without
requiring that the project meet a traditional cost-benefit test.
Section 1 of the Flood Control Act of 1936 requires that, for flood
control projects, the benefits of the project are in excess of the
costs. Over many decades, this statutory requirement has been carried
out through the calculation of a cost-benefit test for Corps projects.
Typically, when Congress authorizes a project, it must be
``feasible''--meaning that the Corps determines that the project is
technically sound, environmentally acceptable, and economically
justified.
Section 117 waives the traditional cost-benefit test, and only
requires that the project be technically sound and environmentally
acceptable.
During the formulation of the Water Resources Development Act in the
House, the Corps provided the Committee on Transportation and
Infrastructure with information on the estimated cost-benefit ratio for
the Johnson Creek plan, ``A Vision of Conservation,'' dated March 2006.
According to the Corps, the total anticipated cost for the flood damage
reduction element of the project is $27.9 million. The average annual
costs are estimated to be $2.84 million. The total potential average
annual benefits are $1.28 million. The estimated benefit to cost ratio
is 0.45 to 1. In essence, the reason that the benefits for this project
are very low is because the project does not protect traditional
structures, e.g., housing, commercial properties, but mainly serves to
minimize potential flooding of the parking lot for the sports stadium
complex, built on the former ecosystem restoration lands of the prior
project, and protect an amusement park further downstream.
The Corps estimated that the total anticipated costs for the
recreation component of the plan are $10.6 million, estimated to be
$1.14 million annually, and include the construction of trails and
associated facilities within the project area. The total potential
average annual benefits from the recreational element were estimated to
be $1.6 million. The estimated benefit-to-cost ratio for the
recreational element is estimated to be 1.44 to 1. The Corps also
estimated that the ``Vision of Conservation'' plan would include an
additional $21.5 million for bank stabilization, sedimentation basins,
and the planting of trees, shrubs, and grasses. The Corps did not
provide a detailed assessment of the benefits of these additional
elements.
As Chairman of the Committee on Transportation and Infrastructure, I
opposed the proposal to waive existing statutory and policy
requirements that the project undergo a proper cost-benefit test. In a
carefully and extensively negotiated bipartisan agreement, the
Committee modified the project to allow the ``Vision of Conservation''
to proceed, but to retain the traditional benefit-cost analysis for the
project. In addition, the Committee included statutory language to
allow the non-Federal sponsor to
[[Page H15724]]
contribute additional local funds to ensure that the Federal and non-
Federal shares of the cost of the project would reflect the estimated
cost-benefit ratio. The Committee believed that this was a fair way to
allow non-Federal sponsors, such as the City of Arlington, TX, to
contribute more funding toward desired Corps projects, but not violate
the requirement that the costs of a project at least equal the
benefits.
This bipartisan agreement was included as section 5123 of the House-
passed Water Resources Development Act of 2007:
``SEC. 5123. JOHNSON CREEK, ARLINGTON, TEXAS.
``(a) In General.--The project for flood damage reduction,
environmental restoration, and recreation, Johnson Creek,
Arlington, Texas, authorized by section 101(b)(14) of the
Water Resources Development Act of 1999 (113 Stat 280), is
modified to authorize the Secretary to construct the project
substantially in accordance with the report entitled `Johnson
Creek: A Vision of Conservation', dated March 30, 2006, at a
total cost of $80,000,000, with an estimated Federal cost of
$52,000,000 and an estimated non-Federal cost of $28,000,000,
if the Secretary determines that the project is feasible.
``(b) Non-Federal Share.--
``(1) In general.--The non-Federal share of the cost of the
project may be provided in cash or in the form of in-kind
services or materials.
``(2) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of
planning, design, and construction work carried out by the
non-Federal interest for implementation of the project, if
the Secretary determines that the work is integral to the
project.
``(c) Special Rule.--In evaluating and implementing the
project, the Secretary shall allow the non-Federal interest
to participate in the financing of the project in accordance
with section 903(c) of the Water Resources Development Act of
1986 (100 Stat. 4184).
``(d) Conforming Amendment.--Section 134 of the Energy and
Water Development Appropriations Act, 2006 (119 Stat. 2263)
is repealed.''
During conference negotiations on H.R. 1495, the Conference Committee
reached agreement on language related to the Johnson Creek project,
which was modeled after the House-passed provision. Congress included
its modifications to the Johnson Creek project in section 5143 of the
Conference Report on H.R. 1495, the Water Resources Development Act of
2007.
Now, just over one month after Congress enacted the Water Resources
Development Act, section 117 of the Energy and Water bill seeks to undo
our bipartisan, bicameral agreement before this language has even had
the opportunity to work. The principal difference between the language
contained in the Water Resources Development Act of 2007 and the
language contained in section 117 of this Act is the waiver of the
benefit-cost test for the project.
I oppose the waiver of the benefit-cost test, and was able to work
with my colleagues in the House and Senate to retain this important
protection in WRDA 2007. Section 117 of this Act arbitrarily waives the
benefit-cost test--a position that was uniformly rejected by both the
House and Senate during consideration of the water resources
development legislation.
I continue to oppose this proposal, and will revisit the changes made
by section 117 during the development of our next Water Resources
Development Act in 2008.
I also strongly oppose section 123, related to the project for St.
John's Bayou and New Madrid Floodway, of the bill.
Again, this language fundamentally undermines normal Corps planning
and design methodologies related to the development of sound Corps
projects. With regard to the defined project, this provision represents
a complete reversal of well considered and appropriate law and policy,
by waiving cost-benefit analysis and justification, as well as the
environmental review required by National Environmental Policy Act
(``NEPA''). Section 123 carefully defines the project and states ``. .
. the project is economically justified.'' This precludes appropriate
and required economic analysis of the defined project.
The St. John's Bayou/New Madrid Floodway project was recently
adjudicated with the judge issuing a summary judgment, in September
2007, in favor of the plaintiffs, enjoining the Corps from work on the
project, and ordering the Corps to deconstruct the elements it had
already built.
The judge's ruling stated: ``The Corps' manipulation of its habitat
model in analyzing fish mitigation gives new meaning to the phrase
`result-oriented decision-making.' (Emphasis added.) The Corps has
obviously worked backwards from the mitigation dollars it could afford,
tweaking several of its original, fundamental understandings of its
mitigation obligations so as to make the project appear to return a
positive benefit-cost ratio. Many mitigation decisions seem to have
been based on cost alone, with a troubling disregard for the
fundamental assumptions of the HEP [Habitat Evaluation Procedures] team
model and HEP team member judgment. Several elements discussed above
lack factual support or substantial evidence, but, more disturbingly,
the Corps has demonstrated its willingness to do whatever it takes to
proceed with this project--change definitions, abandon core
assumptions--even if it means ignoring serious environmental impacts.''
Like Johnson Creek, the Committee on Transportation and
Infrastructure considered and rejected a legislative proposal to waive
the beneft-cost test and environmental reviews for this project during
negotiations on the Water Resources Development Act. However, the
Committee did approve language directing the Corps to utilize existing
statutory authority to consider the non-Federal sponsor's ``ability to
pay'' when determining an appropriate cost-share for the project. This
language was included as part of section 2019 of the Water Resources
Development Act of 2007.
Mr. Speaker, these are just two of the many concerns I have with the
number of legislative provisions contained in the Energy and Water
Appropriations Act.
I will continue to review the legislative proposals contained in this
bill, and should changes be warranted to conform the projects to
existing statutory authorities or Committee policy, I will revisit
these projects during the development of a Water Resources Development
Act in 2008.
Mr. THOMPSON of Mississippi. Mr. Speaker, I would like to express my
support for the House Amendments to Senate Amendment to H.R. 2764--
State, Foreign Operations, and Related Programs Appropriations Act,
2008, Consolidated Appropriations Act, 2008. Specifically, I would like
to take this opportunity to highlight and clarify language included in
Division E, the Department of Homeland Security Appropriations Act of
2008 regarding the Secure Handling of Ammonium Nitrate.
Farmers who use ammonium nitrate in agriculture production normally
obtain their ammonium nitrate from a retail fertilizer dealership. Any
retail fertilizer dealership that stores and sells ammonium nitrate
would have to register under this legislation. The intent of this
legislation is ``track and trace''--to provide law enforcement
officials with the ability to know where ammonium nitrate is being
stored and the establishment of a pre-screening process before a person
can take possession of ammonium nitrate.
Retail fertilizer dealerships provide many services for farmers and
one of those services is custom application. Many farmers that buy
fertilizer never physically take possession of ammonium nitrate. The
farmer purchases the services of the dealer who spreads the ammonium
nitrate on the farmer's field. These custom application services can be
provided by other businesses that would be subject to the registration
requirements of the legislation.
In Mississippi and southeastern United States, nearly 90 percent of
the 41,800 tons of ammonium nitrate purchased is applied by a
fertilizer dealer or applicator company to the field. Only 10 percent
of the ammonium nitrate fertilizer purchased in the southeastern United
States is ever under the direct control and possession of the farm
customer.
It is not the intent of this legislation to require individuals that
use custom application services and do not take possession of ammonium
nitrate to be subject to be registered. I believe this bill will
enhance the security surrounding ammonium nitrate in agriculture and
ammonium nitrate will be kept out of the hands of would-be terrorists.
I also ask that a letter submitted by The Fertilizer Institute (TFI),
in support of the Consolidated Appropriations Act, 2008, be inserted in
the Congressional Record.
Again, I support this legislation that reduces the risk that large
quantities of ammonium nitrate could fall into the wrong hands while
ensuring access for agriculture professionals and farmers who use this
fertilizer for legitimate purposes.
The Fertilizer Institute,
Washington, DC, December 17, 2007.
Hon. Bennie Thompson,
Chairman, House Homeland Security Committee, Washington, DC.
Dear Mr. Chairman: On behalf of The Fertilizer Institute
(TFI) and our ammonium nitrate producers and retailers, I am
writing to thank you for your tireless efforts to help secure
passage of the ``Secure Handling of Ammonium Nitrate Act of
2007.''
The goal of TFI and our affected membership has been to
pass legislation that would require traceability of ammonium
nitrate being sold in the United States. By requiring
facilities and individuals who possess ammonium nitrate to
register with the Department of Homeland Security (DHS) and
keep records of all sales, we believe the security
surrounding ammonium nitrate use in agriculture will be
greatly enhanced and our beneficial product will be kept out
of the hands of those with criminal intent.
Ammonium nitrate in many areas of the country is directly
applied by retail fertilizer dealers or other custom
application businesses. For instance, in many cases, farmers
do not physically possess or control the application of
ammonium nitrate; the dealer maintains custody and applies
the
[[Page H15725]]
purchased product directly to the field. TFI believes that
anyone not taking physical possession of ammonium nitrate
should not have to register with DHS as this would be
unnecessary and of no added security benefit when the
facility having possession of ammonium nitrate is required to
register and keep records.
Again, thank you, Mr. Chairman.
Sincerely yours,
Ford B. West,
President.
Mr. OBEY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Becerra). All time for debate has
expired.
Pursuant to House Resolution 878, the previous question is ordered.
The question of adoption of the motion is divided between the two
House amendments.
The first portion of the divided question is: Will the House concur
in the amendment of the Senate with the first amendment printed in
House Report 110-497?
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LEWIS of California. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on
agreeing to the first amendment will be followed by 5-minute votes on
agreeing to the second amendment, if ordered, and suspending the rules
on House Concurrent Resolution 254.
Remaining postponed votes on motions to suspend the rules will be
taken later in the week.
The vote was taken by electronic device, and there were--yeas 253,
nays 154, answered ``present'' 1, not voting 24, as follows:
[Roll No. 1171]
YEAS--253
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bilirakis
Bishop (GA)
Bishop (NY)
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Tom
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Fossella
Frank (MA)
Gerlach
Giffords
Gillibrand
Gonzalez
Gordon
Graves
Green, Al
Green, Gene
Grijalva
Hall (NY)
Hare
Harman
Hayes
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Hulshof
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Knollenberg
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Pallone
Pascrell
Payne
Perlmutter
Peterson (MN)
Pickering
Pomeroy
Porter
Price (NC)
Rahall
Ramstad
Rangel
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stupak
Sutton
Tanner
Tauscher
Thompson (MS)
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wilson (OH)
Wolf
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NAYS--154
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, David
Deal (GA)
Doggett
Doolittle
Drake
Dreier
Duncan
Ehlers
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gingrey
Gohmert
Goode
Goodlatte
Granger
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Inglis (SC)
Inslee
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
Kingston
Kline (MN)
Kucinich
Lamborn
Latta
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Markey
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McKeon
McMorris Rodgers
Mica
Miller (FL)
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pitts
Platts
Poe
Price (GA)
Putnam
Radanovich
Regula
Rehberg
Rogers (AL)
Rogers (KY)
Rogers (MI)
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (TX)
Souder
Stark
Stearns
Sullivan
Tancredo
Taylor
Terry
Thornberry
Tiahrt
Tiberi
Walberg
Walden (OR)
Wamp
Weldon (FL)
Westmoreland
Whitfield (KY)
Wicker
Wilson (NM)
Wilson (SC)
ANSWERED ``PRESENT''--1
Baird
NOT VOTING--24
Blumenauer
Cubin
Gallegly
Gilchrest
Gutierrez
Hall (TX)
Hastings (FL)
Hobson
Hooley
Hunter
Jindal
Johnson, E. B.
McHenry
Miller, Gary
Ortiz
Pastor
Paul
Pryce (OH)
Rohrabacher
Thompson (CA)
Weller
Wexler
Wittman (VA)
Woolsey
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes remaining on this vote.
{time} 2221
Messrs. NEUGEBAUER, SULLIVAN, MARKEY and BOOZMAN changed their vote
from ``yea'' to ``nay.''
Mr. FOSSELLA changed his vote from ``nay'' to ``yea.''
So the first portion of the divided question was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. WITTMAN of Virginia. Mr. Speaker, on rollcall No. 1171, I was
unavoidably detained. Had I been present, I would have voted ``nay.''
The SPEAKER pro tempore (Mr. Lynch). The Chair will now put the
question on the second portion of the divided question.
The question is: Will the House concur in the amendment of the Senate
with the second amendment printed in House Report 110-497?
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. LEWIS of California. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 206,
noes 201, not voting 25, as follows:
[Roll No. 1172]
AYES--206
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
[[Page H15726]]
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Hall (NY)
Hare
Harman
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kind
Klein (FL)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Levin
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McGovern
McIntyre
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Pallone
Pascrell
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Renzi
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Sestak
Shays
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stupak
Sutton
Tauscher
Taylor
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Visclosky
Walz (MN)
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Wilson (OH)
Wu
Wynn
Yarmuth
NOES--201
Aderholt
Akin
Alexander
Bachmann
Bachus
Baird
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Filner
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Grijalva
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Keller
Kilpatrick
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
Lamborn
Lampson
Latham
LaTourette
Latta
Lee
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McDermott
McHugh
McKeon
McMorris Rodgers
McNulty
Mica
Miller (FL)
Miller (MI)
Miller, George
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Putnam
Radanovich
Ramstad
Rangel
Regula
Rehberg
Reichert
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stark
Stearns
Sullivan
Tancredo
Tanner
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Waters
Welch (VT)
Weldon (FL)
Westmoreland
Whitfield (KY)
Wicker
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--25
Blumenauer
Cubin
Gallegly
Gilchrest
Gutierrez
Hall (TX)
Hastings (FL)
Hobson
Hooley
Hunter
Jindal
Johnson, E. B.
McHenry
Miller, Gary
Ortiz
Pastor
Paul
Pryce (OH)
Rohrabacher
Serrano
Thompson (CA)
Velazquez
Weller
Wexler
Woolsey
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes remaining on this vote.
{time} 2228
Ms. WATERS and Mr. WELCH of Vermont changed their vote from ``aye''
to ``no.''
So the second portion of the divided question was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________