[Congressional Record (Bound Edition), Volume 153 (2007), Part 13]
[House]
[Pages 17779-17815]
[From the U.S. Government Publishing Office, www.gpo.gov]




   FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2008

  The SPEAKER pro tempore. Pursuant to House Resolution 517 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 2829.

                              {time}  2130


                     In the Committee of the Whole

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

                               H.R. 2829

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

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of

[[Page 17780]]

     official business, $250,591,000, of which not to exceed 
     $10,115,000 is for executive direction program activities; 
     not to exceed $9,700,000 is for general counsel program 
     activities; not to exceed $45,450,000 is for economic 
     policies and programs activities; not to exceed $29,069,000 
     is for financial policies and programs activities; not to 
     exceed $56,475,000 is for terrorism and financial 
     intelligence activities; not to exceed $19,010,000 is for 
     Treasury-wide management policies and programs activities; 
     and not to exceed $80,772,000 is for administration programs 
     activities: Provided, That the Secretary of the Treasury is 
     authorized to transfer funds appropriated for any program 
     activity of the Departmental Offices to any other program 
     activity of the Departmental Offices upon notification to the 
     House and Senate Committees on Appropriations: Provided 
     further, That no appropriation for any program activity shall 
     be increased or decreased by more than 2 percent by all such 
     transfers: Provided further, That any change in funding 
     greater than 2 percent shall be submitted for approval to the 
     House and Senate Committees on Appropriations: Provided 
     further, That of the amount appropriated under this heading, 
     not to exceed $3,000,000, to remain available until September 
     30, 2009, for information technology modernization 
     requirements; not to exceed $150,000 for official reception 
     and representation expenses; and not to exceed $258,000 for 
     unforeseen emergencies of a confidential nature, to be 
     allocated and expended under the direction of the Secretary 
     of the Treasury and to be accounted for solely on his 
     certificate: Provided further, That of the amount 
     appropriated under this heading, $5,114,000, to remain 
     available until September 30, 2009, is for the Treasury-wide 
     Financial Statement Audit and Internal Control Program, of 
     which such amounts as may be necessary may be transferred to 
     accounts of the Department's offices and bureaus to conduct 
     audits: Provided further, That this transfer authority shall 
     be in addition to any other provided in this Act: Provided 
     further, That of the amount appropriated under this heading, 
     $3,000,000, to remain available until September 30, 2009, is 
     for secure space requirements: Provided further, That of the 
     amount appropriated under this heading, $2,300,000, to remain 
     available until September 30, 2009, is for salary and 
     benefits for hiring of personnel whose work will require 
     completion of a security clearance investigation in order to 
     perform highly classified work to further the activities of 
     the Office of Terrorism and Financial Intelligence: Provided 
     further, That of the amount appropriated under this heading, 
     $2,100,000, to remain available until September 30, 2010, is 
     to develop and implement programs within the Office of 
     Critical Infrastructure Protection and Compliance Policy, 
     including entering into cooperative agreements.

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

        Department-Wide Systems and Capital Investments Programs


                     (including transfer of funds)

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

  Mr. SERRANO. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I yield to the gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Chairman, I want to thank Chairman Serrano 
for yielding to me. I appreciate the opportunity to work with the 
gentleman from New York on this issue.
  As the chairman of the Subcommittee on the Federal Workforce Postal 
Service and District of Columbia, I look forward to working closely 
with my colleagues on issues within our subcommittee's jurisdiction.
  In 1971, Congress made the Postal Service self-sustaining. However, 
Congress continued to subsidize the mailing cost of the blind, 
nonprofit organizations, local newspapers, and publishers of 
educational material. It did so by providing an appropriation to the 
Postal Service to cover the revenues it had given up or ``foregone'' by 
charging below cost rates to these groups. Appropriations for these 
subsidies increased as postage rates and the number of nonprofits grew, 
approaching $1 billion annually in the mid-1980s.
  In the early 1990s, Congress did not appropriate enough to cover 
these costs and refused to let the Postal Service invoke its statutory 
right to raise rates to cover the shortfall. The Postal Service pleaded 
that providing social subsidies was not part of its mission, hindered 
its competitiveness, and was more regressive than taxation with its 
impact.
  The Revenue Forgone Reform Act of 1993 eliminated appropriations to 
support reduced rates for nonprofits, which effectively transferred the 
costs to other mailers. The Act retained free postage only for the 
blind and for overseas absentee ballot materials. Appropriations for 
subsidizing that narrow purpose have been in the range of $60 million 
to $100 million each year.
  The 1993 Act also provided for an annual payment of $29 million each 
year for 42 years to pay off the debt accumulated in the early 1990s. 
Congress has appropriated this amount every year from 1994 through 
2006, even though the President's fiscal year 2005 and fiscal year 2006 
budgets proposed to eliminate the payment. Failure to fund this 
authorized appropriation places the remaining debt of more than $800 
million at risk of nonpayment which would significantly increase postal 
costs. In addition, not providing funds for these services over time 
will require the Postal Service to record these obligations as a bad 
debt and will unfairly transfer these costs to postage ratepayers whose 
costs have already increased due to the recent rate determinations by 
the Postal Rate Commission.
  It is important to note that Congress entered into this arrangement 
and has covered the $29 million each year without fail since the 1993 
Revenue Foregone Act was enacted. By reneging on our obligation, we 
place the fiscal well-being of the Postal Service at risk. We also send 
a signal that Congress will not stand behind free mail for the blind 
and overseas absentee balloting materials, something we should not be 
doing.
  For the record, I note that in addition to our subcommittee letter to 
the

[[Page 17781]]

Appropriations Committee requesting that the $29 million in revenue 
foregone reimbursement be restored, a number of postal stakeholders 
echoed the request: Postal labor unions and management, the Alliance of 
Nonprofit Mailers, and the postmaster general all want the revenue 
foregone payment honored.
  I ask the chairman: Will the chairman support restoring this 
important funding when the bill goes to conference with the Senate?
  Mr. SERRANO. Reclaiming my time, the gentleman has made important 
observations regarding the necessity of keeping Congress' commitment to 
repay this long-term debt to the Postal Service. I agree with my 
colleague that failure to meet this commitment would adversely affect 
the future financial stability of the Postal Service and eventually 
force it to take actions that would increase cost for postal consumers. 
I want to assure the gentleman that I will work hard to reach an 
agreement with the Senate that produces a conference report that 
provides the $29 million payment.
  Mr. Chairman, I would also like to take this opportunity to call on 
the administration to resume including these funds in its budget 
requests. The revenue forgone appropriation has not been part of the 
President's budget request since fiscal year 2004.
  As I have previously stated, this bill's budget allocation is $243 
million below the President's request, so we are placed in a very 
difficult position when we have to find money for critically important 
items that have been left out of the President's budget.
  I strongly urge the administration to recognize the importance of the 
revenue foregone appropriation and include it in future budgets.
  Mr. REGULA. Mr. Chairman, I move to strike the requisite number of 
words.
  I yield to the gentleman from Montana (Mr. Rehberg), a member of the 
subcommittee.
  Mr. REHBERG. Mr. Chairman, in light of the distressing statistics 
regarding the Office of National Drug Control Policy's National Youth 
Media Campaign, and its subsequent reduction within our committee, I 
rise today to let my colleagues know that it is possible to design, 
implement and evaluate youth anti-drug marketing.
  Methamphetamine is a real problem across this great Nation, and no 
State is immune to its horrible effects. Montana ranks among the top 10 
States nationally in per capita treatment admissions for 
methamphetamine use.
  The statistics in Montana are truly staggering. Fifty-two percent of 
the children who are placed in out-of-home care are there because of 
meth.
  Fifty percent of adults incarcerated at State prisons are there due 
to meth.
  Twenty percent of Montanans in addiction treatment are there because 
of meth.
  While many people would simply nod their heads and agree this is a 
terrible problem, some good people in Montana have taken it upon 
themselves to do something about it.
  Tom Siebel, who lives in Wolf Creek, is an outstanding Montanan who 
did something that many of us could not do. He decided to use his own 
money to fund a prevention campaign to help raise awareness about the 
dangers of first time methamphetamine use. Tom Siebel founded the 
Montana Meth Project in 2005, which has been conducting research and 
running a statewide multi-media public awareness campaign aimed at 
significantly reducing first-time methamphetamine use through public 
service messaging, public policy, and community outreach.
  Results from the Montana Meth Use & Attitudes Survey conducted 
earlier this year show the dramatic and successful impact that the 
Montana Meth Project's public education campaign has had on its 
intended audience.
  Over the past 2 years, there has also been a dramatic shift in the 
perception of methamphetamine use, more frequent parent-child 
communications about the dangers of methamphetamine, and greater 
societal disapproval. For the first time, meth use and associated crime 
in Montana has declined.
  The States of Arizona and Idaho are using Montana's hard-hitting ads 
and successful approach, launching similar youth media campaigns. 
Clearly, the efforts of the Montana Meth Project are working.
  Mr. SERRANO. Mr. Chairman, I move to strike the last word.
  Mr. Speaker, I yield to the gentleman from Maryland (Mr. 
Ruppersberger), a distinguished member of the subcommittee and famous 
Orioles fan.
  Mr. RUPPERSBERGER. Mr. Speaker, I rise in support of the fiscal year 
2008 Financial Services Appropriation, and I urge Members to vote for 
this bill. It is an excellent bill approved by the subcommittee 
unanimously. It is below the President's request, and fulfills our 
obligation to be efficient with the taxpayers' dollars. I commend 
Chairman Serrano and Ranking Member Regula for their leadership and 
their bipartisan achievement.
  As a former prosecutor and county executive, I am especially proud of 
several initiatives in the bill. I would like it highlight one program 
specifically. There is $226 million, a $6 million increase, over the 
President's budget for high-intensity drug trafficking areas. HIDTA 
funding enables local, State and Federal law enforcement to work 
together in fighting the war against drugs.
  As a county executive in Baltimore County, we worked with HIDTA to 
bring everyone to the table who had a stake in stopping drug 
trafficking. We don't stop drug buys with just a single piece of 
information. It takes solid policework, intelligence, and trained 
experts analyzing information to help officers make the drug arrests.

                              {time}  2145

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

                      Office of Inspector General


                         salaries and expenses

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

           Treasury Inspector General for Tax Administration


                         salaries and expenses

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

            Air Transportation Stabilization Program Account


                         (including rescission)

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

                  Financial Crimes Enforcement Network


                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     and training expenses of non-Federal and foreign government 
     personnel to attend meetings and training concerned with 
     domestic and foreign financial intelligence activities, law 
     enforcement, and financial regulation; not to exceed $14,000 
     for official reception and representation expenses; and for 
     assistance to Federal law enforcement agencies, with or 
     without reimbursement, $83,344,000, of which

[[Page 17782]]

     not to exceed $16,340,000 shall remain available until 
     September 30, 2010; and of which $8,955,000 shall remain 
     available until September 30, 2009: Provided, That funds 
     appropriated in this account may be used to procure personal 
     services contracts.

                      Financial Management Service


                         salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau


                         salaries and expenses

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

                           United States Mint


               united states mint public enterprise fund

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

                       Bureau of the Public Debt


                     administering the public debt

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

   Community Development Financial Institutions Fund Program Account

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

                        Internal Revenue Service

                           Taxpayer Services

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

                              Enforcement


                     (Including Transfer of Funds)

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

                           Operations Support

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

                     Business Systems Modernization

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

               Health Insurance Tax Credit Administration

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

          Administrative Provisions--Internal Revenue Service


                     (including transfer of funds)

       Sec. 101. Not to exceed 5 percent of any appropriation made 
     available in this Act to the Internal Revenue Service or not 
     to exceed 3 percent of appropriations under the heading 
     ``Enforcement'' may be transferred to any other Internal 
     Revenue Service appropriation upon the advance approval of 
     the Committees on Appropriations.
       Sec. 102. The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with taxpayers, and in cross-cultural relations.
       Sec. 103. The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information.
       Sec. 104. Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased manpower to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make the improvement of the 
     Internal Revenue Service 1-800 help line service a priority 
     and allocate resources necessary to increase phone lines and 
     staff to improve the Internal Revenue Service 1-800 help line 
     service.
       Sec. 105. Of the funds made available by this Act to the 
     Internal Revenue Service, not less than $6,822,000,000 shall 
     be available only for tax enforcement and related support 
     activities funded in Internal Revenue Service, 
     ``Enforcement'' and ``Operations Support''. In addition, of 
     the funds made available by this Act to the Internal Revenue 
     Service, and subject to the same terms and conditions, an 
     additional $406,000,000 shall be available for tax 
     enforcement and related support activities.
       Sec. 106. Not more than $1,000,000 of the funds made 
     available in this or any other Act may be used to enter into, 
     renew, extend, administer, implement, enforce, provide 
     oversight of, or make any payment related to any qualified 
     tax collection contract

[[Page 17783]]

     (as defined in section 6306 of the Internal Revenue Code of 
     1986).
       Sec. 107. Section 9503(a) of title 5, United States Code, 
     is amended by striking ``for a period of 10 years after the 
     date of enactment of this section'' and inserting ``before 
     July 23, 2013''.
       Sec. 108. Sections 9504 (a) and (b), and 9505(a) of title 
     5, United States Code, are amended by striking ``For a period 
     of 10 years after the date of enactment of this section'' 
     each place it occurs and inserting ``Before July 23, 2013''.
       Sec. 109. Section 9502(a) of title 5, United States Code, 
     is amended by striking ``Office of Management and Budget'' 
     and inserting ``Office of Personnel Management''.

         Administrative Provisions--Department of the Treasury


                     (including transfers of funds)

       Sec. 110. Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.

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

       Sec. 111. Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices--Salaries 
     and Expenses, Office of Inspector General, Financial 
     Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
     Financial Crimes Enforcement Network, and Bureau of the 
     Public Debt, may be transferred between such appropriations 
     upon the advance approval of the Committees on 
     Appropriations: Provided, That no transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 112. Not to exceed 2 percent of any appropriation made 
     available in this Act to the Internal Revenue Service may be 
     transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations: Provided, That no transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 113. Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with departmental 
     vehicle management principles: Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 114. None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 115. The Secretary of the Treasury may transfer funds 
     from Financial Management Services, Salaries and Expenses to 
     Debt Collection Fund as necessary to cover the costs of debt 
     collection: Provided, That such amounts shall be reimbursed 
     to such salaries and expenses account from debt collections 
     received in the Debt Collection Fund.
       Sec. 116. Section 122(g)(1) of Public Law 105-119, as 
     amended (5 U.S.C. 3104 note), is further amended by striking 
     ``8 years'' and inserting ``10 years''.
       Sec. 117. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the House Committee on Financial 
     Services and the Senate Committee on Banking, Housing, and 
     Urban Affairs.
       Sec. 118. None of the funds appropriated or otherwise made 
     available by this or any other Act or source to the 
     Department of the Treasury, the Bureau of Engraving and 
     Printing, and the United States Mint, individually or 
     collectively, may be used to consolidate any or all functions 
     of the Bureau of Engraving and Printing and the United States 
     Mint without the explicit approval of the House Committee on 
     Financial Services; the Senate Committee on Banking, Housing, 
     and Urban Affairs; the House Committee on Appropriations; and 
     the Senate Committee on Appropriations.
       This title may be cited as the ``Department of the Treasury 
     Appropriations Act, 2008''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                           White House Office


                         salaries and expenses

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

                 Executive Residence at the White House


                           operating expenses

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

                         reimbursable expenses

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

                   White House Repair and Restoration

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

[[Page 17784]]

     safety and health issues, and continued preventative 
     maintenance.

                      Council of Economic Advisers


                         salaries and expenses

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

                      Office of Policy Development


                         salaries and expenses

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

                       National Security Council


                         salaries and expenses

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

                        Office of Administration


                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $92,829,000, of which $11,923,000 shall remain available 
     until expended for continued modernization of the information 
     technology infrastructure within the Executive Office of the 
     President.

                    Office of Management and Budget


                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109 and to carry out the 
     provisions of chapter 35 of title 44, United States Code, 
     $78,394,000, of which not to exceed $3,000 shall be available 
     for official representation expenses: Provided, That, as 
     provided in 31 U.S.C. 1301(a), appropriations shall be 
     applied only to the objects for which appropriations were 
     made and shall be allocated in accordance with the terms and 
     conditions set forth in the accompanying statement of the 
     managers except as otherwise provided by law: Provided 
     further, That none of the funds appropriated in this Act for 
     the Office of Management and Budget may be used for the 
     purpose of reviewing any agricultural marketing orders or any 
     activities or regulations under the provisions of the 
     Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
     seq.): Provided further, That none of the funds made 
     available for the Office of Management and Budget by this Act 
     may be expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or their subcommittees: Provided further, That 
     the preceding shall not apply to printed hearings released by 
     the Committees on Appropriations: Provided further, That the 
     Office of Management and Budget shall have not more than 60 
     days in which to perform budgetary policy reviews of water 
     resource matters on which the Chief of Engineers has 
     reported: Provided further, That the Director of the Office 
     of Management and Budget shall notify the appropriate 
     authorizing and appropriating committees when the 60-day 
     review is initiated: Provided further, That if water resource 
     reports have not been transmitted to the appropriate 
     authorizing and appropriating committees within 15 days after 
     the end of the Office of Management and Budget review period 
     based on the notification from the Director, Congress shall 
     assume Office of Management and Budget concurrence with the 
     report and act accordingly.

                 Office of National Drug Control Policy


                         salaries and expenses

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (Public Law 109-469); not to exceed $10,000 for official 
     reception and representation expenses; and for participation 
     in joint projects or in the provision of services on matters 
     of mutual interest with nonprofit, research, or public 
     organizations or agencies, with or without reimbursement, 
     $26,636,000; of which $1,316,000 shall remain available until 
     expended for policy research and evaluation: Provided, That 
     the Office is authorized to accept, hold, administer, and 
     utilize gifts, both real and personal, public and private, 
     without fiscal year limitation, for the purpose of aiding or 
     facilitating the work of the Office.

                Counterdrug Technology Assessment Center


                     (including transfer of funds)

       For necessary expenses for the Counterdrug Technology 
     Assessment Center for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (Public Law 109-469), $10,000,000, which shall remain 
     available until expended, consisting of $5,000,000 for 
     counternarcotics research and development projects, and 
     $5,000,000 for the continued operation of the technology 
     transfer program: Provided, That the $5,000,000 for 
     counternarcotics research and development projects shall be 
     available for transfer to other Federal departments or 
     agencies.

                     Federal Drug Control Programs


             high intensity drug trafficking areas program

                     (including transfers of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program authorized by the Office of National Drug Control 
     Policy Reauthorization Act of 2006 (Public Law 109-469), 
     $226,000,000 for drug control activities consistent with the 
     approved strategy for each of the designated High Intensity 
     Drug Trafficking Areas, of which no less than 51 percent 
     shall be transferred to State and local entities for drug 
     control activities: Provided, That up to 49 percent, to 
     remain available until September 30, 2009, may be transferred 
     to Federal agencies and departments at a rate to be 
     determined by the Director, of which not less than $2,100,000 
     shall be used for auditing services and associated 
     activities: Provided further, That High Intensity Drug 
     Trafficking Areas Programs designated as of September 30, 
     2007, shall be funded at no less than the fiscal year 2007 
     initial allocation levels unless the Director submits to the 
     Committees on Appropriations, and the Committees approve, 
     justification for changes in those levels based on clearly 
     articulated priorities for the High Intensity Drug 
     Trafficking Area Programs, as well as published Office of 
     National Drug Control Policy performance measures of 
     effectiveness: Provided further, That a request shall be 
     submitted in compliance with the reprogramming guidelines to 
     the Committees on Appropriations for approval prior to the 
     obligation of funds of an amount in excess of the fiscal year 
     2007 budget request.


                    Amendment Offered by Mr. Boozman

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

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

  Mr. SERRANO. Mr. Chairman, I reserve a point of order on the 
gentleman's amendment.
  The CHAIRMAN. The point of order is reserved.
  Pursuant to the order of the House of today, the gentleman from 
Arkansas (Mr. Boozman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arkansas.
  Mr. BOOZMAN. Thank you, Mr. Chairman.
  My amendment would encourage the Office of National Drug Control 
Policy to give careful consideration to States that do not currently 
benefit from the HIDTA program when considering the request of law 
enforcement agencies for a new HIDTA designation.
  The Office of National Drug Control Policy Reauthorization Act of 
2006 was enacted on December 27, 2006. This law requires the Director 
of ONDCP to establish regulations under which a coalition of interested 
law enforcement agencies from an area may petition for designation as a 
high intensity drug trafficking area.
  My amendment would require that of the $226 million in HIDTA funding 
in the underlying bill, $6 million will not be made available until the 
Director of the ONDCP certifies in writing that specific regulations 
have been established for the consideration of HIDTA application. 
Specifically, the Director must take into consideration whether an area 
that may be designated as a HIDTA lies within a State that already 
receives assistance from the HIDTA program.
  I do not believe we should mandate a preference for States like 
Arkansas that have been overlooked in the designation process, but I do 
believe we should encourage ONDCP to take this fact into consideration 
when reviewing HIDTA applications.
  I have seen the tragic effects of increased drug manufacturing and 
trafficking in Arkansas, especially the trafficking of meth. Arkansas 
is one of several States, including Minnesota, North Carolina, South 
Carolina, Delaware and several others, that have been excluded from the 
HIDTA program, despite many characteristics that make it both an ideal 
setting for illegal drug manufacturing and perfectly situated for 
trafficking.

[[Page 17785]]

  In recent years Arkansas has made great progress and has much to be 
proud of, but we still face serious challenges when it comes to drug 
trafficking. Our State has one of the most serious meth problems per 
capita of any State in the country. Our State has become home to 
branches of some of the Nation's major gangs and has a transportation 
network that makes it ideal for drug traffickers targeting metropolitan 
areas, including St. Louis, Little Rock, Chicago, Memphis, Kansas City 
and so on. My congressional district has one of the top 10 fastest-
growing metropolitan statistical areas in the Nation, and recently our 
State's largest city found itself high on a list of cities in the 
Nation suffering from violent crime.
  Again, I am really discouraged in the sense that despite all of these 
facts, Arkansas and several States in similar situations have been 
overlooked in the HIDTA designation process. I don't ask for special 
preference for my State, but I do request that ONDCP give fair 
consideration to States in my situation.
  I want to thank the chairman and ranking member for their hard work 
on the underlying bill. But again, this is just an effort to try and 
help the States that are in the same situation as Arkansas.


                             Point of Order

  Mr. SERRANO. Mr. Chairman, I make a point of order against the 
amendment because it proposes to change existing law and constitutes 
legislation in an appropriation bill and therefore violates clause 2 of 
rule XXI.
  The rule states in pertinent part: ``An amendment to a general 
appropriation bill shall not be in order if changing existing law.'' 
The amendment imposes additional duties. Therefore, I ask for a ruling 
from the Chair.
  The CHAIRMAN. Does any Member wish to be heard on the point of order?
  The amendment is in the form of a limitation. Under clause 2(c) of 
rule XXI, an amendment in that form is not in order until the entire 
bill has been read. The point of order is sustained and the amendment 
is not in order.
  The Clerk will read.
  The Clerk read as follows:

                  Other Federal Drug Control Programs


                     (including transfer of funds)

       For activities to support a national anti-drug campaign for 
     youth, and for other purposes, authorized by the Office of 
     National Drug Control Policy Reauthorization Act of 2006 
     (Public Law 109-469), $197,800,000, to remain available until 
     expended, of which the amounts are available as follows: 
     $93,000,000 to support a national media campaign: Provided, 
     That the Office of National Drug Control Policy shall 
     maintain funding for non-advertising services for the media 
     campaign at no less than the fiscal year 2003 ratio of 
     service funding to total funds and shall continue the 
     corporate outreach program as it operated prior to its 
     cancellation; $90,000,000 to continue a program of matching 
     grants to drug-free communities, of which $2,000,000 shall be 
     made available as directed by section 4 of Public Law 107-82, 
     as amended by Public Law 109-469 (21 U.S.C. 1521 note); 
     $1,000,000 for training and technical assistance for drug 
     court professionals; $1,000,000 as directed by section 1105 
     of Public Law 109-469; $1,000,000 for demonstration programs 
     as authorized by section 1119 of Public Law 109-469; 
     $9,600,000 for the United States Anti-Doping Agency for anti-
     doping activities; $1,700,000 for the United States 
     membership dues to the World Anti-Doping Agency; and $500,000 
     for evaluations and research related to National Drug Control 
     Program performance measures: Provided further, That such 
     funds may be transferred to other Federal departments and 
     agencies to carry out such activities: Provided further, That 
     of the amounts appropriated for a national media campaign, 
     not to exceed 10 percent shall be for administration, 
     advertising production, research and testing, labor, and 
     related costs of the national media campaign.

                          Unanticipated Needs


                          unanticipated needs

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

 Special Assistance to the President and the Official Residence of the 
                             Vice President


                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $4,432,000.


                           operating expenses

                     (including transfer of funds)

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


      administrative provisions--executive office of the president

                     (including transfer of funds)

       Sec. 201. From funds made available in this Act under the 
     headings ``White House Office'', ``Executive Residence at the 
     White House'', ``White House Repair and Restoration'', 
     ``Council of Economic Advisors'', ``National Security 
     Council'', ``Office of Administration'', ``Office of Policy 
     Development'', ``Special Assistance to the President'', and 
     ``Official Residence of the Vice President'', the Director of 
     the Office of Management and Budget (or such other officer as 
     the President may designate in writing), may, 15 days after 
     giving notice to the House and Senate Committees on 
     Appropriations, transfer not to exceed 10 percent of any such 
     appropriation to any other such appropriation, to be merged 
     with and available for the same time and for the same 
     purposes as the appropriation to which transferred: Provided, 
     That the amount of an appropriation shall not be increased by 
     more than 50 percent by such transfers: Provided further, 
     That no amount shall be transferred from ``Special Assistance 
     to the President'' or ``Official Residence of the Vice 
     President'' without the approval of the Vice President.
       Sec. 202. The President shall submit to the Committees on 
     Appropriations not later than 30 days after the date of the 
     enactment of this Act, and prior to the initial obligation of 
     funds appropriated under the heading ``Office of National 
     Drug Control Policy'', a financial plan on the proposed uses 
     of all funds under the heading on a project-by-project basis, 
     for which the obligation of funds is anticipated: Provided, 
     That up to 20 percent of funds appropriated under this 
     heading may be obligated before the submission of the report 
     subject to prior approval of the Committees on 
     Appropriations: Provided further, That the report shall be 
     updated and submitted to the Committees on Appropriations 
     every six months and shall include information detailing how 
     the estimates and assumptions contained in previous reports 
     have changed: Provided further, That any new projects and 
     changes in funding of ongoing projects shall be subject to 
     the prior approval of the Committees on Appropriations.
       This title may be cited as the ``Executive Office of the 
     President Appropriations Act, 2008''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

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

                    Care of the Building and Grounds

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

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

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

               United States Court of International Trade


                         salaries and expenses

       For salaries of the chief judge and eight judges, salaries 
     of the officers and employees of the court, services, and 
     necessary expenses of the court, as authorized by law, 
     $16,544,000.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States

[[Page 17786]]

     Court of Federal Claims, bankruptcy judges, magistrate 
     judges, and all other officers and employees of the Federal 
     Judiciary not otherwise specifically provided for, and 
     necessary expenses of the courts, as authorized by law, 
     $4,660,590,000 (including the purchase of firearms and 
     ammunition); of which not to exceed $27,817,000 shall remain 
     available until expended for space alteration projects and 
     for furniture and furnishings related to new space alteration 
     and construction projects.


                Amendment No. 35 Offered by Mr. Cuellar

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

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

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

                              {time}  2200

  The subsequent backlog has impeded the ability of the district courts 
to process cases in a timely manner. This backlog will only be 
increased with the additional funding and emphasis put into the border 
enforcement by Congress.
  The backlog has hindered the due process for U.S. citizens and 
immigrants. Many defendants have fallen through the cracks, as it can 
take up to a year to receive judicial action. It is important that our 
Nation's court system not be overextended by the lack of judges.
  This bipartisan amendment is a companion to the legislation I 
introduced, H.R. 1909, the Federal Criminal Immigration Courts Act of 
2007. That legislation utilizes the recommendations of the 2007 
judicial conference to increase the number of Federal judgeships in 
those district courts most impacted by immigration cases.
  The additional judges will help ease the burden on the system and 
will ensure these cases will be handled in a timely manner. With your 
help, we can move forward in making sure our judiciary keeps up with 
the increased demand that we have along the border.
  I believe an agreement with the chairman that I will withdraw this 
amendment and work with the chairman to work with them to try to get 
this funded in the conference committee.
  Mr. SERRANO. Would the gentleman yield?
  Mr. CUELLAR. Yes.
  Mr. SERRANO. I will continue to work with you on this issue. I know 
how important it is to you and to our country. You have that commitment 
from us.
  Mr. CUELLAR. Mr. Chairman, I don't see Mr. Poe here, but we did talk 
about withdrawing this amendment. We ask unanimous consent to withdraw 
the amendment.
  The CHAIRMAN. Without objection, the gentleman's amendment is 
withdrawn.
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

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

                           Defender Services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under the Criminal Justice Act 
     of 1964 (18 U.S.C. 3006A); the compensation and reimbursement 
     of expenses of persons furnishing investigative, expert and 
     other services under the Criminal Justice Act of 1964 (18 
     U.S.C. 3006A(e)); the compensation (in accordance with 
     Criminal Justice Act maximums) and reimbursement of expenses 
     of attorneys appointed to assist the court in criminal cases 
     where the defendant has waived representation by counsel; the 
     compensation and reimbursement of travel expenses of 
     guardians ad litem acting on behalf of financially eligible 
     minor or incompetent offenders in connection with transfers 
     from the United States to foreign countries with which the 
     United States has a treaty for the execution of penal 
     sentences; the compensation of attorneys appointed to 
     represent jurors in civil actions for the protection of their 
     employment, as authorized by 28 U.S.C. 1875(d); and for 
     necessary training and general administrative expenses, 
     $830,499,000, to remain available until expended.

                    Fees of Jurors and Commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71A(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71A(h)), $62,350,000, to remain 
     available until expended: Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under section 5332 of title 5, 
     United States Code.

                             Court Security


                     (including transfers of funds)

       For necessary expenses, not otherwise provided for, 
     incident to the provision of protective guard services for 
     United States courthouses and other facilities housing 
     Federal court operations, and the procurement, installation, 
     and maintenance of security systems and equipment for United 
     States courthouses and other facilities housing Federal court 
     operations, including building ingress-egress control, 
     inspection of mail and packages, directed security patrols, 
     perimeter security, basic security services provided by the 
     Federal Protective Service, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702), $396,476,000, of 
     which not to exceed $15,000,000 shall remain available until 
     expended, to be expended directly or transferred to the 
     United States Marshals Service, which shall be responsible 
     for administering the Judicial Facility Security Program 
     consistent with standards or guidelines agreed to by the 
     Director of the Administrative Office of the United States 
     Courts and the Attorney General.

           Administrative Office of the United States Courts


                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $75,667,000, 
     of which not to exceed $8,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center


                         salaries and expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $23,994,000; of which 
     $1,800,000 shall remain available through September 30, 2009, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,500 is authorized for official 
     reception and representation expenses.

                       Judicial Retirement Funds


                    payment to judiciary trust funds

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

                  United States Sentencing Commission


                         salaries and expenses

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

                Administrative Provisions--The Judiciary


                     (including transfer of funds)

       Sec. 301. Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.

[[Page 17787]]

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

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

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

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

       For necessary expenses, as determined by the Mayor of the 
     District of Columbia in written consultation with the elected 
     county or city officials of surrounding jurisdictions, 
     $3,352,000, to remain available until expended, to reimburse 
     the District of Columbia for the costs of providing public 
     safety at events related to the presence of the national 
     capital in the District of Columbia and for the costs of 
     providing support to respond to immediate and specific 
     terrorist threats or attacks in the District of Columbia or 
     surrounding jurisdictions of which not to exceed $352,000 is 
     for the District of Columbia National Guard: Provided, That 
     any amount provided under this heading shall be available 
     only after such amount has been apportioned pursuant to 
     chapter 15 of title 31, United States Code.

                      District of Columbia Courts


           federal payment to the district of columbia courts

       For salaries and expenses for the District of Columbia 
     Courts, $256,395,000, to be allocated as follows: for the 
     District of Columbia Court of Appeals, $10,800,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $100,543,000, of which not to exceed $1,500 
     is for official reception and representation expenses; for 
     the District of Columbia Court System, $54,052,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; and $91,000,000, to remain available 
     until September 30, 2009, for capital improvements for 
     District of Columbia courthouse facilities: Provided, That 
     notwithstanding any other provision of law, a single contract 
     or related contracts for development and construction of 
     facilities may be employed which collectively include the 
     full scope of the project: Provided further, That the 
     solicitation and contract shall contain the clause 
     ``availability of Funds'' found at 48 CFR 52.232-18: Provided 
     further, That funds made available for capital improvements 
     shall be expended consistent with the General Services 
     Administration (GSA) master plan study and building 
     evaluation report: Provided further, That notwithstanding any 
     other provision of law, all amounts under this heading shall 
     be apportioned quarterly by the Office of Management and 
     Budget and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of other Federal 
     agencies, with payroll and financial services to be provided 
     on a contractual basis with the GSA, and such services shall 
     include the preparation of monthly financial reports, copies 
     of which shall be submitted directly by GSA to the President 
     and to the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Oversight and 
     Government Reform of the House of Representatives, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate: Provided further, That 30 days after providing 
     written notice to the Committees on Appropriations of the 
     House of Representatives and Senate, the District of Columbia 
     Courts may reallocate not more than $1,000,000 of the funds 
     provided under this heading among the items and entities 
     funded under this heading for operations, and not more than 4 
     percent of the funds provided under this heading for 
     facilities.

            Defender Services in District of Columbia Courts

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

               Federal Payment to the Court Services and

        Offender Supervision Agency for the District of Columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act

[[Page 17788]]

     of 1997, $190,343,000, of which not to exceed $2,000 is for 
     official receptions and representation expenses related to 
     Community Supervision and Pretrial Services Agency programs; 
     of which not to exceed $25,000 is for dues and assessments 
     relating to the implementation of the Court Services and 
     Offender Supervision Agency Interstate Supervision Act of 
     2002; of which not to exceed $400,000 for the Community 
     Supervision program and $160,000 for the Pretrial Services 
     program, both to remain available until September 30, 2009, 
     are for Information Technology infrastructure enhancement 
     acquisitions; of which $140,499,000 shall be for necessary 
     expenses of Community Supervision and Sex Offender 
     Registration, to include expenses relating to the supervision 
     of adults subject to protection orders or the provision of 
     services for or related to such persons; of which $49,849,000 
     shall be available to the Pretrial Services Agency: Provided, 
     That notwithstanding any other provision of law, all amounts 
     under this heading shall be apportioned quarterly by the 
     Office of Management and Budget and obligated and expended in 
     the same manner as funds appropriated for salaries and 
     expenses of other Federal agencies: Provided further, That 
     the Director is authorized to accept and use gifts in the 
     form of in-kind contributions of space and hospitality to 
     support offender and defendant programs, and equipment and 
     vocational training services to educate and train offenders 
     and defendants: Provided further, That the Director shall 
     keep accurate and detailed records of the acceptance and use 
     of any gift or donation under the previous proviso, and shall 
     make such records available for audit and public inspection: 
     Provided further, That the Court Services and Offender 
     Supervision Agency Director is authorized to accept and use 
     reimbursement from the District of Columbia Government for 
     space and services provided on a cost reimbursable basis.

    Federal Payment to District of Columbia Public Defender Service

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

 Federal Payment to the District of Columbia Water and Sewer Authority

       For a Federal payment to the District of Columbia Water and 
     Sewer Authority, $12,000,000, to remain available until 
     expended, to continue implementation of the Combined Sewer 
     Overflow Long-Term Plan: Provided, That the District of 
     Columbia Water and Sewer Authority provide a match of 
     $7,000,000 and the District of Columbia provide a match of 
     $5,000,000 in local funds for this payment.

      Federal Payment to the Criminal Justice Coordinating Council

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

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

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

                 Federal Payment for School Improvement

       For a Federal payment for a school improvement program in 
     the District of Columbia, $40,800,000, to be allocated as 
     follows: for the District of Columbia Public Schools, 
     $13,000,000 to improve public school education in the 
     District of Columbia; for the State Education Office, 
     $13,000,000 to expand quality public charter schools in the 
     District of Columbia, to remain available until September 30, 
     2009; for the Secretary of the Department of Education, 
     $14,800,000 to provide opportunity scholarships for students 
     in the District of Columbia in accordance with division C, 
     title III of the District of Columbia Appropriations Act, 
     2004 (Public Law 108-199; 118 Stat. 126), of which up to 
     $1,800,000 may be used to administer and fund assessments.

          Federal Payment for Consolidated Laboratory Facility

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

        Federal Payment for Central Library and Branch Locations

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

    Federal Payment To Reimburse the Federal Bureau of Investigation

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

                       District of Columbia Funds

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided: Provided, That notwithstanding any other provision 
     of law, except as provided in section 450A of the District of 
     Columbia Home Rule Act (114 Stat. 2440) (D.C. Official Code, 
     section 1-204.50a) and provisions of this Act, the total 
     amount appropriated in this Act for operating expenses for 
     the District of Columbia for fiscal year 2008 under this 
     heading shall not exceed the lesser of the sum of the total 
     revenues of the District of Columbia for such fiscal year or 
     $9,777,362,000 (of which $6,022,444,000 shall be from local 
     funds, $2,015,853,000 shall be from Federal grant funds, 
     $1,730,503,000 shall be from other funds, and $8,562,000 
     shall be from private funds), in addition, $116,552,000 from 
     funds previously appropriated in this Act as Federal 
     payments: Provided further, That of the local funds, 
     $153,900,000 shall be derived from the District's general 
     fund balance: Provided further, That of these funds the 
     District's intradistrict authority shall be $648,289,000: 
     Provided further, That in addition, for capital construction 
     projects, there is appropriated an increase of 
     $1,595,503,000, of which $1,042,712,000 shall be from local 
     funds, $38,523,000 from the District of Columbia Highway 
     Trust Fund, $73,260,000 from the Local Street Maintenance 
     Fund, $75,000,000 from revenue bonds, $150,000,000 from 
     financing for construction of a consolidated laboratory 
     facility, $30,000,000 for construction of a baseball stadium, 
     $186,008,000 from Federal grant funds, and a rescission of 
     $212,696,000 from local funds appropriated under this heading 
     in prior fiscal years (of which $187,450,000 are from local 
     funds and $51,444,000 are from the Local Street Maintenance 
     Fund), for a net amount of $1,382,807,000, to remain 
     available until expended: Provided further, That the amounts 
     provided under this heading are to be subject to the 
     provisions of and allocated and expended as proposed under 
     ``Title III--District of Columbia Funds'' of the Fiscal Year 
     2008 Proposed Budget and Financial Plan submitted to the 
     Congress of the United States by the District of Columbia on 
     June 7, 2007: Provided further, That this amount may be 
     increased by proceeds of one-time transactions, which are 
     expended for emergency or unanticipated operating or capital 
     needs: Provided further, That such increases shall be 
     approved by enactment of local District law and shall comply 
     with all reserve requirements contained in the District of 
     Columbia Home Rule Act approved December 24, 1973 (87 Stat. 
     777; D.C. Official Code, section 1-201.01 et seq.) as amended 
     by this Act: Provided further, That the Chief Financial 
     Officer of the District of Columbia shall take such steps as 
     are necessary to assure that the District of Columbia meets 
     these requirements, including the apportioning by the Chief 
     Financial Officer of the appropriations and funds made 
     available to the District during fiscal year 2008, except 
     that the Chief Financial Officer may not reprogram for 
     operating expenses any funds derived from bonds, notes, or 
     other obligations issued for capital projects.
       This title may be cited as the ``District of Columbia 
     Appropriations Act, 2008''.

                                TITLE V

                          INDEPENDENT AGENCIES

                   Consumer Product Safety Commission


                         salaries and expenses

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

                     Election Assistance Commission


                         salaries and expenses

                     (including transfer of funds)

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

                        election reform programs

       For necessary expenses to carry out programs under the Help 
     America Vote Act of

[[Page 17789]]

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

                   Federal Communications Commission


                         salaries and expenses

                     (including transfer of funds)

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

                 Federal Deposit Insurance Corporation


                      office of inspector general

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

                      Federal Election Commission


                         salaries and expenses

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

                   Federal Labor Relations Authority


                         salaries and expenses

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

                        Federal Trade Commission


                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $247,489,000, to remain available until expended: Provided, 
     That not to exceed $300,000 shall be available for use to 
     contract with a person or persons for collection services in 
     accordance with the terms of 31 U.S.C. 3718: Provided 
     further, That, notwithstanding any other provision of law, 
     not to exceed $139,000,000 of offsetting collections derived 
     from fees collected for premerger notification filings under 
     the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection, shall be 
     retained and used for necessary expenses in this 
     appropriation: Provided further, That, notwithstanding any 
     other provision of law, not to exceed $20,000,000 in 
     offsetting collections derived from fees sufficient to 
     implement and enforce the Telemarketing Sales Rule, 
     promulgated under the Telemarketing and Consumer Fraud and 
     Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
     credited to this account, and be retained and used for 
     necessary expenses in this appropriation: Provided further, 
     That the sum herein appropriated from the general fund shall 
     be reduced as such offsetting collections are received during 
     fiscal year 2008, so as to result in a final fiscal year 2008 
     appropriation from the general fund estimated at not more 
     than $88,489,000: Provided further, That none of the funds 
     made available to the Federal Trade Commission may be used to 
     implement subsection (e)(2)(B) of section 43 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831t).

                    General Services Administration

                        Real Property Activities


                         federal buildings fund

                 limitation on availability of revenue

       For an additional amount to be deposited in the Federal 
     Buildings Fund, $88,144,000. Amounts in the fund, including 
     the revenues and collections deposited into the Fund shall be 
     available for necessary expenses of real property management 
     and related activities not otherwise provided for, including 
     operation, maintenance, and protection of federally owned and 
     leased buildings; rental of buildings in the District of 
     Columbia; restoration of leased premises; moving governmental 
     agencies (including space adjustments and telecommunications 
     relocation expenses) in connection with the assignment, 
     allocation and transfer of space; contractual services 
     incident to cleaning or servicing buildings, and moving; 
     repair and alteration of federally owned buildings including 
     grounds, approaches and appurtenances; care and safeguarding 
     of sites; maintenance, preservation, demolition, and 
     equipment; acquisition of buildings and sites by purchase, 
     condemnation, or as otherwise authorized by law; acquisition 
     of options to purchase buildings and sites; conversion and 
     extension of federally owned buildings; preliminary planning 
     and design of projects by contract or otherwise; construction 
     of new buildings (including equipment for such buildings); 
     and payment of principal, interest, and any other obligations 
     for public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $7,834,612,000, 
     of which: (1) $524,540,000 shall remain available until 
     expended for construction (including funds for sites and 
     expenses and associated design and construction services) of 
     additional projects at the following locations:
       New Construction:
       Arizona:
       San Luis, Land Port of Entry I, $7,053,000.
       California:
       San Ysidro, Land Port of Entry, $37,742,000.
       District of Columbia:
       DHS Consolidation and development of St. Elizabeths campus, 
     $275,133,000.
       St. Elizabeths West Campus Infrastructure, $20,572,000.
       St. Elizabeths West Campus Site Acquisition, $7,000,000.
       Maine:
       Madawaska, Land Port of Entry, $17,160,000.
       Maryland:
       Montgomery County, Food and Drug Administration 
     Consolidation, $57,749,000.
       Minnesota:
       Warroad, Land Port of Entry, $43,628,000.
       New York:
       Alexandria Bay, Land Port of Entry, $11,676,000.
       Texas:
       El Paso, Tronillo-Guadalupe Land Port of Entry, $4,290,000.
       Vermont:
       Derby Line, Land Port of Entry, $33,139,000.
       Nonprospectus Construction, $9,398,000:
     Provided, That each of the foregoing limits of costs on new 
     construction projects may be exceeded to the extent that 
     savings are effected in other such projects, but not to 
     exceed 10 percent of the amounts included in an approved 
     prospectus, if required, unless advance approval is obtained 
     from the Committees on Appropriations of a greater amount: 
     Provided further, That all funds for direct construction 
     projects shall expire on September 30, 2009, and remain in 
     the Federal Buildings Fund except for funds for projects as 
     to which funds for design or other funds have been obligated 
     in whole or in part prior to such date; (2) $733,267,000 
     shall remain available until expended for repairs and 
     alterations, which includes associated design and 
     construction services:
       Repairs and Alterations:
       District of Columbia:
       Eisenhower Executive Office Building, Phase III, 
     $172,279,000.
       Joint Operations Center, $12,800,000.
       Nebraska Avenue Complex, $27,673,000.
       Nevada:
       Reno, C. Clifton Young Federal Building and Courthouse, 
     $12,793,000.
       New York:
       New York, Thurgood Marshall United States Courthouse, 
     $170,544,000.
       West Virginia:

[[Page 17790]]

       Martinsburg, Internal Revenue Service Enterprise Computing 
     Center, $35,822,000.
       Special Emphasis Programs:
       Energy Program, $15,000,000.
       Design Program, $7,372,000.
       Basic Repairs and Alterations, $278,984,000:
     Provided further, That funds made available in this or any 
     previous Act in the Federal Buildings Fund for Repairs and 
     Alterations shall, for prospectus projects, be limited to the 
     amount identified for each project, except each project in 
     this or any previous Act may be increased by an amount not to 
     exceed 10 percent unless advance approval is obtained from 
     the Committees on Appropriations of a greater amount: 
     Provided further, That additional projects for which 
     prospectuses have been fully approved may be funded under 
     this category only if advance approval is obtained from the 
     Committees on Appropriations: Provided further, That the 
     amounts provided in this or any prior Act for ``Repairs and 
     Alterations'' may be used to fund costs associated with 
     implementing security improvements to buildings necessary to 
     meet the minimum standards for security in accordance with 
     current law and in compliance with the reprogramming 
     guidelines of the appropriate Committees of the House and 
     Senate: Provided further, That the difference between the 
     funds appropriated and expended on any projects in this or 
     any prior Act, under the heading ``Repairs and Alterations'', 
     may be transferred to Basic Repairs and Alterations or used 
     to fund authorized increases in prospectus projects: Provided 
     further, That all funds for repairs and alterations 
     prospectus projects shall expire on September 30, 2009, and 
     remain in the Federal Buildings Fund except funds for 
     projects as to which funds for design or other funds have 
     been obligated in whole or in part prior to such date: 
     Provided further, That the amount provided in this or any 
     prior Act for Basic Repairs and Alterations may be used to 
     pay claims against the Government arising from any projects 
     under the heading ``Repairs and Alterations'' or used to fund 
     authorized increases in prospectus projects; (3) $155,781,000 
     for installment acquisition payments including payments on 
     purchase contracts which shall remain available until 
     expended; (4) $4,315,534,000 for rental of space which shall 
     remain available until expended; and (5) $2,105,490,000 for 
     building operations which shall remain available until 
     expended: Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 
     the Public Buildings Act of 1959, as amended, has not been 
     approved, except that necessary funds may be expended for 
     each project for required expenses for the development of a 
     proposed prospectus: Provided further, That funds available 
     in the Federal Buildings Fund may be expended for emergency 
     repairs when advance approval is obtained from the Committees 
     on Appropriations: Provided further, That amounts necessary 
     to provide reimbursable special services to other agencies 
     under section 210(f)(6) of the Federal Property and 
     Administrative Services Act of 1949, as amended (40 U.S.C. 
     592(b)(2)) and amounts to provide such reimbursable fencing, 
     lighting, guard booths, and other facilities on private or 
     other property not in Government ownership or control as may 
     be appropriate to enable the United States Secret Service to 
     perform its protective functions pursuant to 18 U.S.C. 3056, 
     shall be available from such revenues and collections: 
     Provided further, That revenues and collections and any other 
     sums accruing to this Fund during fiscal year 2008, excluding 
     reimbursements under section 210(f)(6) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     592(b)(2)) in excess of the aggregate new obligational 
     authority authorized for Real Property Activities of the 
     Federal Buildings Fund in this Act shall remain in the Fund 
     and shall not be available for expenditure except as 
     authorized in appropriations Acts.


                           general activities

                         policy and operations

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


                 Amendment No. 4 Offered by Mr. Cardoza

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

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

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


                    Amendment Offered by Mr. Cardoza

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

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

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

[[Page 17791]]

not to my own. When I was told that GSA representatives were in the 
Cannon Building today, they didn't even have the common courtesy to 
speak to me or my staff.
  Mr. Chairman, this reeks of mismanagement. It shows a lack of 
oversight and accountability at GSA.
  My amendment is very simple. It provides an additional $6 million to 
GSA's Office of the Inspector General. It is paid for by cutting the 
GSA's policy and operations account, including the Office of the 
Administrator and the Office of Congressional and Intergovernmental 
Affairs.

                              {time}  2215

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


                      office of inspector general

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


                       electronic government fund

                     (including transfer of funds)

       For necessary expenses in support of interagency projects 
     that enable the Federal Government to expand its ability to 
     conduct activities electronically, through the development 
     and implementation of innovative uses of the Internet and 
     other electronic methods, $2,970,000, to remain available 
     until expended: Provided, That these funds may be transferred 
     to Federal agencies to carry out the purposes of the Fund: 
     Provided further, That this transfer authority shall be in 
     addition to any other transfer authority provided in this 
     Act: Provided further, That such transfers may not be made 
     until 10 days after a proposed spending plan and 
     justification for each project to be undertaken has been 
     submitted to the Committees on Appropriations.


           allowances and office staff for former presidents

                     (including transfer of funds)

       For carrying out the provisions of the Act of August 25, 
     1958 (3 U.S.C. 102 note), and Public Law 95-138, $2,500,000: 
     Provided, That the Administrator of General Services shall 
     transfer to the Secretary of the Treasury such sums as may be 
     necessary to carry out the provisions of such Acts.


                federal citizen information center fund

       For necessary expenses of the Federal Citizen Information 
     Center, including services authorized by 5 U.S.C. 3109, 
     $15,798,000, to be deposited into the Federal Citizen 
     Information Center Fund: Provided, That the appropriations, 
     revenues, and collections deposited into the Fund shall be 
     available for necessary expenses of Federal Citizen 
     Information Center activities in the aggregate amount not to 
     exceed $35,000,000: Provided further, That appropriations, 
     revenues, and collections accruing to this Fund during fiscal 
     year 2008 in excess of such amount shall remain in the Fund 
     and shall not be available for expenditure except as 
     authorized in appropriations Acts.


       administrative provisions--general services administration

                     (including transfers of funds)

       Sec. 501. The appropriate appropriation or fund available 
     to the General Services Administration shall be credited with 
     the cost of operation, protection, maintenance, upkeep, 
     repair, and improvement, included as part of rentals received 
     from Government corporations pursuant to law (40 U.S.C. 129).
       Sec. 502. Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 503. Funds in the Federal Buildings Fund made 
     available for fiscal year 2008 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations.
       Sec. 504. Except as otherwise provided in this title, no 
     funds made available by this Act shall be used to transmit a 
     fiscal year 2009 request for United States Courthouse 
     construction that: (1) does not meet the design guide 
     standards for construction as established and approved by the 
     General Services Administration, the Judicial Conference of 
     the United States, and the Office of Management and Budget; 
     and (2) does not reflect the priorities of the Judicial 
     Conference of the United States as set out in its approved 5-
     year construction plan: Provided, That the fiscal year 2009 
     request must be accompanied by a standardized courtroom 
     utilization study of each facility to be constructed, 
     replaced, or expanded.
       Sec. 505. None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 506. From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations.

                     Merit Systems Protection Board


                         salaries and expenses

                     (including transfer of funds)

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

[[Page 17792]]

     Retirement and Disability Fund in amounts determined by the 
     Merit Systems Protection Board.

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


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

                     (including transfer of funds)

       For payment to the Morris K. Udall Scholarship and 
     Excellence in National Environmental Policy Trust Fund, 
     pursuant to the Morris K. Udall Scholarship and Excellence in 
     National Environmental and Native American Public Policy Act 
     of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, to remain 
     available until expended, of which up to $50,000 shall be 
     used to conduct financial audits pursuant to the 
     Accountability of Tax Dollars Act of 2002 (Public Law 107-
     289) notwithstanding sections 8 and 9 of Public Law 102-259: 
     Provided, That up to 60 percent of such funds may be 
     transferred by the Morris K. Udall Scholarship and Excellence 
     in National Environmental Policy Foundation for the necessary 
     expenses of the Native Nations Institute.


                 environmental dispute resolution fund

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

              National Archives and Records Administration


                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives and Records 
     Administration (including the Information Security Oversight 
     Office) and archived Federal records and related activities, 
     as provided by law, and for expenses necessary for the review 
     and declassification of documents and the activities of the 
     Public Interest Declassification Board, and for the hire of 
     passenger motor vehicles, $315,000,000: Provided, That the 
     Archivist of the United States is authorized to use any 
     excess funds available from the amount borrowed for 
     construction of the National Archives facility, for expenses 
     necessary to provide adequate storage for holdings.


                      electronic records archives

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


                        repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $16,095,000, to remain available until expended.


        national historical publications and records commission

                             grants program

                     (including transfer of funds)

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, $10,000,000, to remain available until expended: 
     Provided, That of the funds provided in this paragraph, 
     $2,000,000 shall be transferred to the operating expenses 
     account for operating expenses of the National Historical 
     Publications and Records Administration.

                  National Credit Union Administration


                       central liquidity facility

       During fiscal year 2008, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall not exceed $1,500,000,000: Provided, That 
     administrative expenses of the Central Liquidity Facility in 
     fiscal year 2008 shall not exceed $329,000.

         Community Development Credit Union Revolving Loan Fund

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

                      Office of Government Ethics


                         salaries and expenses

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

                     Office of Personnel Management


                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     the Office of Personnel Management and the Federal Bureau of 
     Investigation for expenses incurred under Executive Order No. 
     10422 of January 9, 1953, as amended; and payment of per diem 
     and/or subsistence allowances to employees where Voting 
     Rights Act activities require an employee to remain overnight 
     at his or her post of duty, $101,765,000, of which $5,991,000 
     shall remain available until expended for the Enterprise 
     Human Resources Integration project; $1,351,000 shall remain 
     available until expended for the Human Resources Line of 
     Business project; $340,000 shall remain available until 
     expended for the E-Payroll project; and $170,000 shall remain 
     available until expended for the E-Training program; and in 
     addition, $123,401,000 for administrative expenses, to be 
     transferred from the appropriate trust funds of the Office of 
     Personnel Management without regard to other statutes, 
     including direct procurement of printed materials, for the 
     retirement and insurance programs, of which $26,465,000 shall 
     remain available until expended for the cost of automating 
     the retirement recordkeeping systems: Provided, That the 
     provisions of this appropriation shall not affect the 
     authority to use applicable trust funds as provided by 
     sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United 
     States Code: Provided further, That no part of this 
     appropriation shall be available for salaries and expenses of 
     the Legal Examining Unit of the Office of Personnel 
     Management established pursuant to Executive Order No. 9358 
     of July 1, 1943, or any successor unit of like purpose: 
     Provided further, That the President's Commission on White 
     House Fellows, established by Executive Order No. 11183 of 
     October 3, 1964, may, during fiscal year 2008, accept 
     donations of money, property, and personal services: Provided 
     further, That such donations, including those from prior 
     years, may be used for the development of publicity materials 
     to provide information about the White House Fellows, except 
     that no such donations shall be accepted for travel or 
     reimbursement of travel expenses, or for the salaries of 
     employees of such Commission.

                      Office of Inspector General


                         salaries and expenses

                  (including transfer of trust funds)

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

      Government Payment for Annuitants, Employees Health Benefits

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

       Government Payment for Annuitants, Employee Life Insurance

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

        Payment to Civil Service Retirement and Disability Fund

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

[[Page 17793]]



                       Office of Special Counsel


                         salaries and expenses

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

                   Securities and Exchange Commission


                         salaries and expenses

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

                        Selective Service System


                         salaries and expenses

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


                 Amendment No. 8 Offered by Mr. DeFazio

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

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

  The CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from Oregon (Mr. DeFazio) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. DeFAZIO. My amendment presents the Members with a very simple 
choice: Do we want to continue to fund a government agency whose 
mission is obsolete, and whose expertise the President, the Pentagon 
and the House have all said will never be called upon, or do you want 
to fund a program that has a presence in every State in the Union and 
the territories, and helps small businesses, creates jobs and returns 
$2.82 in Federal revenue for every dollar invested?
  Seems a simple choice to me. Perhaps not, but we'll see when we get 
to the vote.
  Thirty years ago Jimmy Carter created and reactivated the Selective 
Service System. Now, he said this was symbolic, to send a message to 
the Soviet Union which had invaded Afghanistan. Well, today the United 
States of America is in Afghanistan in pursuit of the Taliban and al 
Qaeda and attempting to pacify that country. Surely that symbolism is 
no longer needed.
  No one, no one in this House, two people, in fact, the last time we 
voted, said they wanted to reinstitute the draft. No one downtown at 
the administration says they want to reinstitute the draft. No one at 
the Pentagon says, under any scenario, that they envision reinstituting 
the draft. They prefer the All-Volunteer Force.
  So if we were to transfer $10 million from this obsolete, Cold War, 
symbolic bureaucracy which has no function in today's society, in 
today's world, and is not necessary for today's readiness, we could 
create tens of thousands of jobs across America and assist small 
businesses to begin to create even more jobs.
  I believe it's a very simple choice: $10 million from Selective 
Service, and add $10 million to the SBDC. The Congressional Budget 
Office says it's budget-neutral. There are 1,100 SBDC offices, all 50 
States, DC, Puerto Rico, Guam, American Samoa and the U.S. Virgin 
Islands. They're a collaborative effort. This is not a bureaucracy. 
This is not dumping money into the maw of Washington, DC.
  State, local governments, the private sector and education community 
serve more than 1.3 million small businesses and aspiring entrepreneurs 
a year. Every Federal dollar, as I said earlier, invested in Small 
Business Development Corporations yields $2.82 in additional revenue to 
the Treasury. A new business is opened by an SBDC in-depth client every 
33 minutes in the United States of America. Our entrepreneurs need this 
help.
  Similarly, these clients create a new job every 7 minutes and 
generate $100,000 in sales every 9 minutes. What a great return on a 
Federal investment, to help American entrepreneurs put people to work 
in this country and make us competitive in the international community.
  In my home State of Oregon, the SBDC has created 3,300 new jobs, 
generated new wages of more than $53 million. The SBDC has served more 
than 6,000 small businesses in Oregon alone. Across the Nation those 
numbers are obviously much larger.
  The Association of Small Business Development Centers requested 
funding of $110 million for SBDCs for fiscal year 2008. That would 
essentially provide a catch-up for all the years in which their budget 
was restrained or cut by the previous Congress and the administration. 
That could create 110,000 new jobs, save an additional 110,000 jobs, 
and make $11.7 billion in new sales, preserve $8.4 billion in existing 
sales, and obtain $4.5 billion in financing to grow businesses, and 
generate $310 million in new Federal revenues for economic growth.
  This, I believe, is a great investment in America. We do not need to 
continue dumping maw down the bureaucracy of the Selective Service 
System. They've been incompetent since day 1. Commercial databases 
could better provide the data we need if ever a draft were needed. And 
even if a draft were needed, guess what? We have no training capacity, 
so the people who were drafted would have to wait 6 months to a year in 
any case.
  So we don't need an active, on-the-edge Selective Service System in 
this country for a draft that no longer exists and only two Members of 
the previous Congress thought should exist.
  I believe this is a commonsense amendment. Put Selective Service in 
deep stand-by and help the Small Business Development Corporation live 
up to its full potential creating jobs and economic potential for this 
country.
  I yield back the balance of my time.
  The CHAIRMAN. Does the gentleman from New York seek time in 
opposition?
  Mr. SERRANO. Yes, I do.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.

[[Page 17794]]


  Mr. SERRANO. Mr. Chairman, I rise in opposition to this amendment. 
Decreasing funding to the Selective Service by $10 million would 
effectively shut down the agency, and we need to understand that. 
Regardless of how you feel about this issue, the effect would be to 
shut down the agency.
  Now, everyone know that I'm no fan of this war. With my votes that's 
been made clear. But we must recognize the value of the Selective 
Service as an inexpensive insurance plan to back up our Active Duty and 
Reserve Armed Forces. We have a war going on, and we have to have in 
place many institutions, if you will, and programs that will, at any 
moment's notice, respond to a congressional call for a draft or any 
other involvement.
  Now, there's also something that we need to understand here. The 
gentleman wants to take $10 million and give it to the Small Business 
Administration. I think it's important to note first that prior to full 
committee markup, we had already increased the Small Business 
Administration by $40 million. That was above the President's request. 
In full markup we added another $80 million to the Small Business 
Administration.

                              {time}  2230

  So right now they are at $120 million above the President's request 
and additional dollars that were brought to light during this whole 
procedure.
  So to send it over to small business is not only an interesting 
statement because it is a way to get support for something that may be 
unpopular like a draft, but the fact of life is that there probably 
could have been another 20 agencies that one could have selected to 
send money to if that was the point.
  So I think that, number one, the Small Business Administration has 
been taken care of very well in this bill. Number two, there is no need 
and there should be no desire to cripple the Selective Service 
Administration, and for that reason, I would hope that our colleagues 
would vote against this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I appreciate the intent of this amendment, and in the 
past I have often considered voting for it. But I have a far different 
attitude now than I had in the past because of the Iraqi War.
  The fact is that we have no sustained demonstrations in the streets 
against Iraq, and, in my view, largely that is not occurring because we 
have no draft. And we have no draft because the country has settled 
into a comfortable acceptance of the idea that a precious few people, 
namely those in the regular Armed Forces of the country and those in 
the Guard and Reserves, should be the only people in our society who 
are at risk in this stupid and fruitless war. And I just cannot abide 
that.
  I have said many times on this floor that I think it is outrageous 
that there is no sense of shared sacrifice about this war. We ask our 
Guard and Reserve personnel to return to Iraq and Afghanistan time and 
time and time again. And yet of the rest of society we ask nothing 
except to worry about Paris Hilton and to worry about who wins the 
Super Bowl, and, oh, yes, if you are a millionaire, we are going to 
spend $57 billion this year giving you a tax cut. That is really some 
sense of shared sacrifice.
  And so I just cannot bring myself to vote for this amendment, though 
it might make sense on the numbers, because I think it would be a 
symbolic act which would send to the country yet another signal that 
the only people we expect to bear any burden for this stupid, 
outrageous, lied-to-get-into war are those in the military. And I just 
think that is wrong. I know that is not the gentleman's intent, but I 
think that is the practical signal that we send.
  So I cannot vote for this amendment. I did not even want to speak 
against it, but this war bugs me a lot and the total lack of the 
willingness of this society to face the inordinate costs which we are 
laying on military families bugs me a whole lot more.
  Mr. SERRANO. Mr. Chairman, I yield the balance of my time to the 
gentleman from Ohio (Mr. Regula).
  Mr. REGULA. Mr. Chairman, I just want to quote from former President 
Clinton in a 1994 letter to Congress, where he said, and I agree: 
``Maintaining the Selective Service provides a hedge against unforeseen 
threats.''
  And I also agree with the gentleman from Wisconsin that this is not 
the time, and I certainly urge my colleagues to oppose this amendment.
  The Acting CHAIRMAN (Mr. Altmire). The question is on the amendment 
offered by the gentleman from Oregon (Mr. DeFazio).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Oregon will 
be postponed.
  The Clerk will read.
  The Clerk read as follows:

                     Small Business Administration


                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration as authorized by Public Law 
     108-447, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $346,553,000: Provided, That the Administrator is authorized 
     to charge fees to cover the cost of publications developed by 
     the Small Business Administration, and certain loan program 
     activities, including fees authorized by section 5(b) of the 
     Small Business Act: Provided further, That, notwithstanding 
     31 U.S.C. 3302, revenues received from all such activities 
     shall be credited to this account, to remain available until 
     expended, to be available for carrying out these purposes 
     without further appropriations.


                      office of inspector general

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


                 surety bond guarantees revolving fund

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


                     business loans program account

                     (including transfers of funds)

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


        administrative provision--small business administration

                     (including transfer of funds)

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

                      United States Postal Service


                   payment to the postal service fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $88,864,000, which shall not be available for obligation 
     until October 1, 2008: Provided, That mail for overseas 
     voting and mail for the blind shall continue to be free: 
     Provided

[[Page 17795]]

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

                        United States Tax Court


                         salaries and expenses

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

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 601. Such sums as may be necessary for fiscal year 
     2008 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 602. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 603. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 604. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 605. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 606. None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 607. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 608. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       Sec. 609. No funds appropriated or otherwise made available 
     under this Act shall be made available to any person or 
     entity that has been convicted of violating the Buy American 
     Act (41 U.S.C. 10a-10c).
       Sec. 610. Except as otherwise provided in this Act, none of 
     the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2008, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) augments existing programs, projects, or activities in 
     excess of $1,000,000 or 10 percent, whichever is less; (6) 
     reduces existing programs, projects, or activities by 
     $1,000,000 or 10 percent, whichever is less; or (7) 
     reorganizes offices, programs, or activities unless prior 
     approval is received from the House and Senate Committees on 
     Appropriations: Provided, That not later than 60 days after 
     the date of enactment of this Act, each agency funded by this 
     Act shall submit an operating plan to the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives to establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year: Provided further, That the report shall include: (1) a 
     table for each appropriation with a separate column to 
     display the President's budget request, adjustments made by 
     Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level; (2) a 
     delineation in the table for each appropriation both by 
     object class and program, project, and activity as detailed 
     in the budget appendix for the respective appropriation; and 
     (3) an identification of items of special congressional 
     interest: Provided further, That the amount appropriated or 
     limited for salaries and expenses for an agency shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 611. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2008 from appropriations 
     made available for salaries and expenses for fiscal year 2008 
     in this Act, shall remain available through September 30, 
     2009, for each such account for the purposes authorized: 
     Provided, That a request shall be submitted to the Committees 
     on Appropriations for approval prior to the expenditure of 
     such funds: Provided further, That these requests shall be 
     made in compliance with reprogramming guidelines.
       Sec. 612. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 613. The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 614. For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 615. No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 616. The provision of section 615 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 617. In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in the Buy American Act (41 U.S.C. 10a et seq.), shall 
     not apply to the acquisition by the Federal Government of 
     information technology (as defined in section 11101 of title 
     40, United States Code), that is a commercial item (as 
     defined in section 4(12) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(12)).
       Sec. 618. None of the funds made available in the Act may 
     be used to finalize, implement, administer, or enforce--
       (1) the proposed rule relating to the determination that 
     real estate brokerage is an activity that is financial in 
     nature or incidental to a financial activity published in the 
     Federal Register on January 3, 2001 (66 Fed. Reg. 307 et 
     seq.); or
       (2) the revision proposed in such rule to section 1501.2 of 
     title 12 of the Code of Federal Regulations.
       Sec. 619. Notwithstanding section 10(b) of the Harry S 
     Truman Memorial Scholarship Act (20 U.S.C. 2009(b)), 
     hereafter, at the request of the Board of Trustees of the 
     Harry S Truman Scholarship Foundation, it shall be the duty 
     of the Secretary of the Treasury to invest in full the 
     amounts appropriated and contributed to the Harry S Truman 
     Memorial Scholarship Trust Fund, as provided in such section. 
     All requests of the Board of Trustees to the Secretary 
     provided for in this section shall be binding on the 
     Secretary.
       Sec. 620. (a) In General.--None of the funds appropriated 
     or otherwise made available by this Act may be used for any 
     Federal Government contract with any foreign incorporated 
     entity which is treated as an inverted domestic corporation 
     under section 835(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 395(b)) or any subsidiary of such an entity.
       (b) Waivers.--

[[Page 17796]]

       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.-- This section shall not apply to any 
     Federal Government contract entered into before the date of 
     the enactment of this Act, or to any task order issued 
     pursuant to such contract.
       Sec. 621. For an additional amount under the heading 
     ``Small Business Administration, Salaries and Expenses'', 
     $61,318,000, to remain available until September 30, 2009, 
     shall be for initiatives related to small business 
     development and entrepreneurship, including programmatic and 
     construction activities: Provided, That amounts made 
     available under this section shall be provided in accordance 
     with the terms and conditions specified in the statement of 
     managers accompanying this Act.

             TITLE VII--GENERAL PROVISIONS GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

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

[[Page 17797]]

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

[[Page 17798]]

     presentation designed to support or defeat legislation 
     pending before the Congress, except in presentation to the 
     Congress itself.
       Sec. 721. None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 722. None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations.
       Sec. 723. No part of any appropriation contained in this or 
     any other Act shall be used directly or indirectly, including 
     by private contractor, for publicity or propaganda purposes 
     within the United States not heretofor authorized by the 
     Congress.
       Sec. 724. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under section 105 
     of title 5, United States Code;
       (2) includes a military department, as defined under 
     section 102 of such title, the Postal Service, and the Postal 
     Rate Commission; and
       (3) shall not include the Government Accountability Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under section 
     6301(2) of title 5, United States Code, has an obligation to 
     expend an honest effort and a reasonable proportion of such 
     employee's time in the performance of official duties.
       Sec. 725. Notwithstanding 31 U.S.C. 1346 and section 710 of 
     this Act, funds made available for the current fiscal year by 
     this or any other Act to any department or agency, which is a 
     member of the Federal Accounting Standards Advisory Board 
     (FASAB), shall be available to finance an appropriate share 
     of FASAB administrative costs.
       Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 of 
     this Act, the head of each Executive department and agency is 
     hereby authorized to transfer to or reimburse ``General 
     Services Administration, Policy and Operations'' with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available for the current fiscal year by 
     this or any other Act, including rebates from charge card and 
     other contracts: Provided, That these funds shall be 
     administered by the Administrator of General Services to 
     support Government-wide financial, information technology, 
     procurement, and other management innovations, initiatives, 
     and activities, as approved by the Director of the Office of 
     Management and Budget, in consultation with the appropriate 
     interagency groups designated by the Director (including the 
     President's Management Council for overall management 
     improvement initiatives, the Chief Financial Officers Council 
     for financial management initiatives, the Chief Information 
     Officers Council for information technology initiatives, the 
     Chief Human Capital Officers Council for human capital 
     initiatives, and the Chief Acquisition Officers Council for 
     procurement initiatives): Provided further, the total funds 
     transferred or reimbursed shall not exceed $10,000,000: 
     Provided further, such transfers or reimbursements may only 
     be made after 15 days following notification of the 
     Committees on Appropriations by the Director of the Office of 
     Management and Budget.
       Sec. 727. Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 728. Nothwithstanding section 1346 of title 31, United 
     States Code, or section 710 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of specific projects, 
     workshops, studies, and similar efforts to carry out the 
     purposes of the National Science and Technology Council 
     (authorized by Executive Order No. 12881), which benefit 
     multiple Federal departments, agencies, or entities: 
     Provided, That the Office of Management and Budget shall 
     provide a report describing the budget of and resources 
     connected with the National Science and Technology Council to 
     the Committees on Appropriations, the House Committee on 
     Science, and the Senate Committee on Commerce, Science, and 
     Transportation 90 days after enactment of this Act.
       Sec. 729. Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided: Provided, That this provision shall apply to 
     direct payments, formula funds, and grants received by a 
     State receiving Federal funds.
       Sec. 730. Subsection (f) of section 403 of Public Law 103-
     356 (31 U.S.C. 501 note) is repealed.
       Sec. 731. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site of the 
     agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any nongovernmental 
     Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 732. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 733. The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 734. Notwithstanding any other provision of law, funds 
     appropriated for official travel by Federal departments and 
     agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 735. Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch).
       Sec. 736. Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations, except 
     that the Federal Law Enforcement Training Center is 
     authorized to obtain the temporary use of additional 
     facilities by lease, contract, or other agreement for 
     training which cannot be accommodated in existing Center 
     facilities.
       Sec. 737. (a) No funds shall be available for transfers or 
     reimbursements to the E-Government Initiatives sponsored by 
     the Office of Management and Budget prior to 15 days 
     following submission of a report to the Committees on 
     Appropriations by the Director of the Office of Management 
     and Budget and receipt of approval to transfer funds by the 
     House and Senate Committees on Appropriations.
       (b) The report in (a) shall detail--
       (1) the amount proposed for transfer for any department and 
     agency by program office, bureau, or activity, as 
     appropriate;

[[Page 17799]]

       (2) the specific use of funds;
       (3) the relevance of that use to that department or agency, 
     and each bureau or office within, which is contributing 
     funds; and
       (4) a description of any such activities for which funds 
     were appropriated that will not be implemented or partially 
     implemented by the department or agency as a result of the 
     transfer.
       Sec. 738. (a) Requirement for Public-Private Competition.--
       (1) Notwithstanding any other provision of law, none of the 
     funds appropriated by this or any other Act shall be 
     available to convert to contractor performance an activity or 
     function of an executive agency that, on or after the date of 
     enactment of this Act, is performed by more than 10 Federal 
     employees unless--
       (A) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (B) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the executive agency by an amount that 
     equals or exceeds the lesser of--
       (i) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (ii) $10,000,000; and
       (C) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Federal Government 
     by--
       (i) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract;
       (ii) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Federal Government for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code; or
       (iii) offering to such workers a retirement benefit that in 
     any year costs less than the annual retirement cost factor 
     applicable to Federal employees under chapter 84 of title 5, 
     United States Code.
       (2) This paragraph shall not apply to--
       (A) the Department of Defense;
       (B) section 44920 of title 49, United States Code;
       (C) a commercial or industrial type function that--
       (i) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47); or
       (ii) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act;
       (D) depot contracts or contracts for depot maintenance as 
     provided in sections 2469 and 2474 of title 10, United States 
     Code; or
       (E) activities that are the subject of an ongoing 
     competition that was publicly announced prior to the date of 
     enactment of this Act.
       (b) Use of Public-Private Competition.--Nothing in Office 
     of Management and Budget Circular A-76 shall prevent the head 
     of an executive agency from conducting a public-private 
     competition to evaluate the benefits of converting work from 
     contract performance to performance by Federal employees in 
     appropriate instances. The Circular shall provide procedures 
     and policies for these competitions that are similar to those 
     applied to competitions that may result in the conversion of 
     work from performance by Federal employees to performance by 
     a contractor.
       (c) Bid Protests by Federal Employees in Actions Under 
     Office of Management and Budget Circular A-76.--
       (1) Eligibility to protest.--
       (A) Section 3551(2) of title 31, United States Code, is 
     amended to read as follows:
       ``(2) The term `interested party'--
       ``(A) with respect to a contract or a solicitation or other 
     request for offers described in paragraph (1), means an 
     actual or prospective bidder or offeror whose direct economic 
     interest would be affected by the award of the contract or by 
     failure to award the contract; and
       ``(B) with respect to a public-private competition 
     conducted under Office of Management and Budget Circular A-76 
     regarding performance of an activity or function of a Federal 
     agency, or a decision to convert a function performed by 
     Federal employees to private sector performance without a 
     competition under OMB Circular A-76, includes--
       ``(i) any official who submitted the agency tender in such 
     competition; and
       ``(ii) any one person who, for the purpose of representing 
     them in a protest under this subchapter that relates to such 
     competition, has been designated as their agent by a majority 
     of the employees of such Federal agency who are engaged in 
     the performance of such activity or function.''.
       (B)(i) Subchapter V of chapter 35 of such title is amended 
     by adding at the end the following new section:

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

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

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

                              {time}  2245


            Amendment No. 15 Offered by Mr. Price of Georgia

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

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

  The Acting CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from Georgia (Mr. Price) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. PRICE of Georgia. Mr. Chairman, the gentleman from Texas is 
unable to be here this evening, although this is, indeed, his 
amendment. I would ask unanimous consent that it be identified as such 
for all proceedings of the House.
  The Acting CHAIRMAN. The Chair cannot entertain the gentleman's 
request.
  Mr. PRICE of Georgia. Mr. Speaker, this amendment would strike 
section 738 of this legislation, which, as drafted, would have the same 
effect as language already included in a number of the Democrat 
majority's other appropriations bills, preventing funds from being 
spent to conduct public/private competitions.
  While this policy may be good for increasing dues payments to public-
sector union bosses, it is unquestionably

[[Page 17800]]

bad for taxpayers and for Federal agencies because agencies are left 
with less money to spend on their core mission when Congress takes the 
opportunity to save money through competition away from them.
  In 2006, Federal agencies ``competed'' only 1.7 percent of their 
commercial workforce, which makes up less than one-half of 1 percent of 
the entire civil workforce. This very small use of competition for 
services is expected to generate savings of $1.3 billion over the next 
10 years. Competitions completed since 2003 are expected to produce 
almost $7 billion in savings for taxpayers over the next 10 years. This 
means that taxpayers will receive a return of about $31 for every 
dollar spent on competition, with annualized expected savings of more 
than $1 billion.
  But the particular language included in this bill is even worse. The 
underlying language goes further than past Democrat efforts to gut 
public/private competition by unnecessarily delaying and complicating 
how the most efficient delivery of commercial activities is determined. 
This newest attempt to stack the deck against competition for services 
that can easily be found in the Yellow Pages also creates uneven and 
duplicative protest rights and intrusive new data requirements, while 
ignoring the consideration of quality in determining the best source of 
commercial services for the taxpayer.
  In short, Mr. Chairman, by allowing this language to remain in the 
underlying legislation, approximately $200 million in expected annual 
savings from planned competitions will be placed at risk.
  Additionally, by removing quality from the list of factors in 
determining who wins a competition, this bill would double costs in 
many competitions. In this time of stretched budgets and bloated 
Federal spending, Congress should be looking to use all of the tools it 
can to find taxpayer savings and reduce the cost of services that are 
already being provided by thousands of hardworking private companies 
nationwide.
  At this point I will insert into the Record a letter of support for 
this amendment from the Fair Competition Coalition. A portion of that 
letter reads, This provision will discourage many private-sector firms 
from participating in the competitive sourcing contracting process. 
Section 738 would penalize private-sector bidders that offer health 
insurance benefits to their employees. The Office of Management and 
Budget reports that the competition under the A-76 process creates an 
average savings of 15 to 20 percent for the American taxpayer.

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

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

[[Page 17801]]

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

                              {time}  2300

  The administration's use of contracting has increased significantly 
in the past 5 years. For example, the Department of Health and Social 
Services' contract obligations have nearly doubled from $5 billion in 
fiscal year 2001 to $8.7 billion in fiscal year 2006. The number of 
contract employees at the Department of Health and Social Services 
exceeds 32,000, about half the number of Civil Service employees. A 
significant share of those contracts were awarded on a noncompetitive 
basis.
  In fiscal year 2006 alone, Health awarded nearly 21,000 contracts 
worth more than $1.9 billion with less than full and open competition. 
That is four times the total amount of congressionally directed 
earmarks that are expected to eventually be included in the Labor, 
Health, Education appropriation bill.
  I won't even bother to get into what has been happening at the 
Education Department where local school districts have virtually been 
blackmailed into accepting contracts with book publishers preferred by 
the administration or else they are frozen out of the program entirely.
  So I would simply say I think the gentleman's amendment is ill-
advised, and when the time comes late tomorrow evening, I would hope 
that we will have a ``no'' vote on the amendment.
  Mr. WAXMAN. Mr. Chairman, I oppose the Sessions amendment to H.R. 
2829, the Financial Services Appropriations bill. H.R. 2829 includes a 
provision to help restore equity to the contracting process by 
preventing private contractors from having an unfair advantage over 
Federal Employees when competing for Federal jobs. The Sessions 
amendment would eliminate that provision from the bill and would 
continue the administration's policy of playing politics with the civil 
service system.
  The rapid increase in procurement spending in recent years has 
brought the size of the ``shadow government'' represented by Federal 
contractors to record levels. We must stop the misguided effort to send 
Federal jobs to private contractors at any cost. H.R. 2829 is an 
important step in that direction.
  H.R. 2829, specifically section 738, ensures that Federal employees 
have the right to compete fairly for their jobs before they are 
privatized. The bill prevents contractors from gaining an unfair 
advantage by not providing comparable health and retirement benefits. 
H.R. 2829 also ensures that agencies, not OMB, have the discretion to 
decide whether a public-private competition is appropriate.
  H.R. 2829 gives Federal employees the right to appeal privatization 
decisions--a right that contractors already enjoy. We saw this in the 
Army's reversal of its 2004 decision to allow the in-house Federal 
workforce at Walter Reed Army Medical Center to perform support 
services at Walter Reed. When the competing private contractor 
protested the Army's decision, the Army reversed its decision and 
resolved the A-76 process in favor of the contractor. If the Army had 
initially decided in favor of the contractor, the employees would have 
had no similar right to protest.
  This is about fairness. The administration's policy under Circular A-
76 puts private contractors on third base before Federal employees even 
get a turn at bat. Section 738 of this bill helps level the playing 
field. The Sessions amendment would strip this important language from 
the bill. I urge my colleagues to vote ``no'' on the Sessions 
amendment.
  Mr. OBEY. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Price).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. PRICE of Georgia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Georgia will 
be postponed.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 739. (a) The adjustment in rates of basic pay for 
     employees under the statutory pay systems that takes effect 
     in fiscal year 2008 under sections 5303 and 5304 of title 5, 
     United States Code, shall be an increase of 3.5 percent, and 
     this adjustment shall apply to civilian employees in the 
     Department of Homeland Security and shall apply to civilian 
     employees in the Department of Defense who are represented by 
     a labor organization as defined in 5 U.S.C. 7103(a)(4), and 
     such adjustments shall be effective as of the first day of 
     the first applicable pay period beginning on or after January 
     1, 2008. Civilian employees in the Department of Defense who 
     are eligible to be represented by a labor organization as 
     defined in 5 U.S.C. 7103(a)(4), but are not so represented, 
     will receive the adjustment provided for in this section 
     unless the positions are entitled to a pay adjustment under 5 
     U.S.C. 9902.
       (b) Notwithstanding section 712 of this Act, the adjustment 
     in rates of basic pay for the statutory pay systems that take 
     place in fiscal year 2008 under sections 5344 and 5348 of 
     title 5, United States Code, shall be no less than the 
     percentage in paragraph (a) as employees in the same location 
     whose rates of

[[Page 17802]]

     basic pay are adjusted pursuant to the statutory pay systems 
     under section 5303 and 5304 of title 5, United States Code. 
     Prevailing rate employees at locations where there are no 
     employees whose pay is increased pursuant to sections 5303 
     and 5304 of title 5 and prevailing rate employees described 
     in section 5343(a)(5) of title 5 shall be considered to be 
     located in the pay locality designated as ``Rest of US'' 
     pursuant to section 5304 of title 5 for purposes of this 
     paragraph.
       (c) Funds used to carry out this section shall be paid from 
     appropriations, which are made to each applicable department 
     or agency for salaries and expenses for fiscal year 2008.
       Sec. 740. Unless otherwise authorized by existing law, none 
     of the funds provided in this Act or any other Act may be 
     used by an executive branch agency to produce any prepackaged 
     news story intended for broadcast or distribution in the 
     United States, unless the story includes a clear notification 
     within the text or audio of the prepackaged news story that 
     the prepackaged news story was prepared or funded by that 
     executive branch agency.
       Sec. 741. None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act) or of 
     section 552.224 of title 48 of the Code of Federal 
     Regulations.
       Sec. 742. Each executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government travel charge card. Such 
     evaluations for individually-billed travel charge cards shall 
     include an assessment of the individual's consumer report 
     from a consumer reporting agency as those terms are defined 
     in section 603 of the Fair Credit Reporting Act (Public Law 
     91-508): Provided, That section 604(a)(3) of such Act shall 
     be amended by adding to the end the following:
       ``(G) executive departments and agencies in connection with 
     the issuance of government-sponsored individually-billed 
     travel charge cards.'':

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

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA


                     (including transfer of funds)

       Sec. 801. Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 802. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor, or, in the 
     case of the Council of the District of Columbia, funds may be 
     expended with the authorization of the Chairman of the 
     Council.
       Sec. 803. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government.
       Sec. 804. None of the Federal funds provided in this Act 
     shall be used for publicity or propaganda purposes or 
     implementation of any policy including boycott designed to 
     support or defeat legislation pending before Congress or any 
     State legislature.
       Sec. 805. (a) None of the funds provided under this Act to 
     the agencies funded by this Act, both Federal and District 
     government agencies, that remain available for obligation or 
     expenditure in fiscal year 2008, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     title, shall be available for obligation or expenditures for 
     an agency through a reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) reestablishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center, unless in 
     the case of federal funds, the Committees on Appropriations 
     of the House of Representatives and Senate are notified in 
     writing 15 days in advance of the reprogramming and in the 
     case of local funds, the Committees on Appropriations of the 
     House of Representatives and Senate are provided summary 
     reports on April 1, 2008 and October 1, 2008, setting forth 
     detailed information regarding each such local funds 
     reprogramming conducted subject to this subsection.
       (b) None of the local funds contained in this Act may be 
     available for obligation or expenditure for an agency through 
     a transfer of any local funds in excess of $3,000,000 from 
     one appropriation heading to another unless the Committees on 
     Appropriations of the House of Representatives and Senate are 
     provided summary reports on April 1, 2008 and October 1, 
     2008, setting forth detailed information regarding each 
     reprogramming conducted subject to this subsection, except 
     that in no event may the amount of any funds transferred 
     exceed 4 percent of the local funds in the appropriations.
       (c) The District of Columbia Government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through September 30, 2008.
       Sec. 806. Consistent with the provisions of section 1301(a) 
     of title 31, United States Code, appropriations under this 
     Act shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by law.
       Sec. 807. (a) Notwithstanding any other provisions of law, 
     the provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; 
     sec. 1-601.01 et seq., D.C. Official Code), enacted pursuant 
     to section 422(3) of the District of Columbia Home Rule Act 
     (sec. 1-204.22(3), D.C. Official Code), shall apply with 
     respect to the compensation of District of Columbia 
     employees. For pay purposes, employees of the District of 
     Columbia government shall not be subject to the provisions of 
     title 5, United States Code.
       (b) Notwithstanding section 8344(a) of title 5, United 
     States Code, the amendment made by section 2 of the District 
     Government Reemployed Annuitant Offset Elimination Amendment 
     Act of 2004 (D.C. Law 15-207) shall apply with respect to any 
     individual employed in an appointive or elective position 
     with the District of Columbia government after December 7, 
     2004.

[[Page 17803]]

       Sec. 808. No later than 30 days after the end of the first 
     quarter of fiscal year 2008, the Mayor of the District of 
     Columbia shall submit to the Council of the District of 
     Columbia and the Committees on Appropriations of the House of 
     Representatives and Senate the new fiscal year 2008 revenue 
     estimates as of the end of such quarter. These estimates 
     shall be used in the budget request for fiscal year 2009. The 
     officially revised estimates at midyear shall be used for the 
     midyear report.
       Sec. 809. (a) Notwithstanding any other provision of this 
     Act, the Mayor, in consultation with the Chief Financial 
     Officer of the District of Columbia may accept, obligate, and 
     expend Federal, private, and other grants received by the 
     District government that are not reflected in the amounts 
     appropriated in this Act.
       (b)(1) No such Federal, private, or other grant may be 
     obligated, or expended pursuant to subsection (a) until--
       (A) the Chief Financial Officer of the District of Columbia 
     submits to the Council a report setting forth detailed 
     information regarding such grant; and
       (B) the Council has reviewed and approved the obligation, 
     and expenditure of such grant.
       (2) For purposes of paragraph (1)(B), the Council shall be 
     deemed to have reviewed and approved the obligation, and 
     expenditure of a grant if--
       (A) no written notice of disapproval is filed with the 
     Secretary of the Council within 14 calendar days of the 
     receipt of the report from the Chief Financial Officer under 
     paragraph (1)(A); or
       (B) if such a notice of disapproval is filed within such 
     deadline, the Council does not by resolution disapprove the 
     obligation, or expenditure of the grant within 30 calendar 
     days of the initial receipt of the report from the Chief 
     Financial Officer under paragraph (1)(A).
       (c) No amount may be obligated or expended from the general 
     fund or other funds of the District of Columbia government in 
     anticipation of the approval or receipt of a grant under 
     subsection (b)(2) or in anticipation of the approval or 
     receipt of a Federal, private, or other grant not subject to 
     such subsection.
       (d) The Chief Financial Officer of the District of Columbia 
     may adjust the budget for Federal, private, and other grants 
     received by the District government reflected in the amounts 
     appropriated in this title, or approved and received under 
     subsection (b)(2) to reflect a change in the actual amount of 
     the grant.
       (e) The Chief Financial Officer of the District of Columbia 
     shall prepare a quarterly report setting forth detailed 
     information regarding all Federal, private, and other grants 
     subject to this section. Each such report shall be submitted 
     to the Council of the District of Columbia, to the Committees 
     on Appropriations of the House of Representatives and Senate, 
     not later than 15 days after the end of the quarter covered 
     by the report.
       Sec. 810. (a) Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this paragraph, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or is 
     otherwise designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) the Mayor of the District of Columbia; and
       (4) the Chairman of the Council of the District of 
     Columbia.
       (b) The Chief Financial Officer of the District of Columbia 
     shall submit by March 1, 2008, an inventory, as of September 
     30, 2007, of all vehicles owned, leased or operated by the 
     District of Columbia government. The inventory shall include, 
     but not be limited to, the department to which the vehicle is 
     assigned; the year and make of the vehicle; the acquisition 
     date and cost; the general condition of the vehicle; annual 
     operating and maintenance costs; current mileage; and whether 
     the vehicle is allowed to be taken home by a District officer 
     or employee and if so, the officer or employee's title and 
     resident location.
       Sec. 811. (a) None of the Federal funds contained in this 
     Act may be used by the District of Columbia Corporation 
     Counsel or any other officer or entity of the District 
     government to provide assistance for any petition drive or 
     civil action which seeks to require Congress to provide for 
     voting representation in Congress for the District of 
     Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Corporation Counsel from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 812. None of the Federal funds contained in this Act 
     may be used for any program of distributing sterile needles 
     or syringes for the hypodermic injection of any illegal drug.
       Sec. 813. None of the funds contained in this Act may be 
     used after the expiration of the 60-day period that begins on 
     the date of the enactment of this Act to pay the salary of 
     any chief financial officer of any office of the District of 
     Columbia government (including any independent agency of the 
     District of Columbia) who has not filed a certification with 
     the Mayor and the Chief Financial Officer of the District of 
     Columbia that the officer understands the duties and 
     restrictions applicable to the officer and the officer's 
     agency as a result of this Act (and the amendments made by 
     this Act), including any duty to prepare a report requested 
     either in the Act or in any of the reports accompanying the 
     Act and the deadline by which each report must be submitted: 
     Provided, That the Chief Financial Officer of the District of 
     Columbia shall provide to the Committees on Appropriations of 
     the House of Representatives and Senate by April 1, 2008 and 
     October 1, 2008, a summary list showing each report, the due 
     date, and the date submitted to the Committees.
       Sec. 814. Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 815. The Mayor of the District of Columbia shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate quarterly reports 
     addressing--
       (1) crime, including the homicide rate, implementation of 
     community policing, the number of police officers on local 
     beats, and the closing down of open-air drug markets;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs;
       (3) management of parolees and pre-trial violent offenders, 
     including the number of halfway houses escapes and steps 
     taken to improve monitoring and supervision of halfway house 
     residents to reduce the number of escapes to be provided in 
     consultation with the Court Services and Offender Supervision 
     Agency for the District of Columbia; and
       (4) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools and 
     the District of Columbia public charter schools.
       Sec. 816. (a) No later than 30 calendar days after the date 
     of the enactment of this Act, the Chief Financial Officer of 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District of Columbia Home Rule Act (D.C. Official Code, 
     section 1-204.42), for all agencies of the District of 
     Columbia government for fiscal year 2008 that is in the total 
     amount of the approved appropriation and that realigns all 
     budgeted data for personal services and other-than-personal-
     services, respectively, with anticipated actual expenditures.
       (b) This section shall apply only to an agency where the 
     Chief Financial Officer of the District of Columbia certifies 
     that a reallocation is required to address unanticipated 
     changes in program requirements.
       Sec. 817. (a) None of the funds contained in this Act may 
     be made available to pay--
       (1) the fees of an attorney who represents a party in an 
     action or an attorney who defends an action brought against 
     the District of Columbia Public Schools under the Individuals 
     with Disabilities Education Act (20 U.S.C. 1400 et seq.) in 
     excess of $4,000 for that action; or
       (2) the fees of an attorney or firm whom the Chief 
     Financial Officer of the District of Columbia determines to 
     have a pecuniary interest, either through an attorney, 
     officer, or employee of the firm, in any special education 
     diagnostic services, schools, or other special education 
     service providers.
       (b) In this section, the term ``action'' includes an 
     administrative proceeding and any ensuing or related 
     proceedings before a court of competent jurisdiction.
       Sec. 818. The amount appropriated by this Act may be 
     increased by no more than $42,000,000 from funds identified 
     in the comprehensive annual financial report as the 
     District's fiscal year 2007 unexpended general fund surplus. 
     The District may obligate and expend these amounts only in 
     accordance with the following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify that the use of any such amounts is not 
     anticipated to have a negative impact on the District's long-
     term financial, fiscal, and economic vitality.

[[Page 17804]]

       (2) The District of Columbia may only use these funds for 
     the following expenditures:
       (A) One-time expenditures.
       (B) Expenditures to avoid deficit spending.
       (C) Debt reduction.
       (D) Program needs.
       (E) Expenditures to avoid revenue shortfalls.
       (3) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council in support of 
     each such obligation or expenditure.
       (4) The amounts may not be used to fund the agencies of the 
     District of Columbia government under court ordered 
     receivership.
       (5) The amounts may not be obligated or expended unless the 
     Mayor notifies the Committees on Appropriations of the House 
     of Representatives and Senate not fewer than 30 days in 
     advance of the obligation or expenditure.
       Sec. 819. (a) To account for an unanticipated growth of 
     revenue collections, the amount appropriated as District of 
     Columbia Funds pursuant to this Act may be increased--
       (1) by an aggregate amount of not more than 25 percent, in 
     the case of amounts proposed to be allocated as ``Other-Type 
     Funds'' in the Fiscal Year 2008 Proposed Budget and Financial 
     Plan submitted to Congress by the District of Columbia; and
       (2) by an aggregate amount of not more than 6 percent, in 
     the case of any other amounts proposed to be allocated in 
     such Proposed Budget and Financial Plan.
       (b) The District of Columbia may obligate and expend any 
     increase in the amount of funds authorized under this section 
     only in accordance with the following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify--
       (A) the increase in revenue; and
       (B) that the use of the amounts is not anticipated to have 
     a negative impact on the long-term financial, fiscal, or 
     economic health of the District.
       (2) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council of the District 
     of Columbia in support of each such obligation and 
     expenditure, consistent with the requirements of this Act.
       (3) The amounts may not be used to fund any agencies of the 
     District government operating under court-ordered 
     receivership.
       (4) The amounts may not be obligated or expended unless the 
     Mayor has notified the Committees on Appropriations of the 
     House of Representatives and Senate not fewer than 30 days in 
     advance of the obligation or expenditure.
       Sec. 820. The Chief Financial Officer for the District of 
     Columbia may, for the purpose of cash flow management, 
     conduct short-term borrowing from the emergency reserve fund 
     and from the contingency reserve fund established under 
     section 450A of the District of Columbia Home Rule Act 
     (Public Law 98-198): Provided, That the amount borrowed shall 
     not exceed 50 percent of the total amount of funds contained 
     in both the emergency and contingency reserve funds at the 
     time of borrowing: Provided further, That the borrowing shall 
     not deplete either fund by more than 50 percent: Provided 
     further, That 100 percent of the funds borrowed shall be 
     replenished within 9 months of the time of the borrowing or 
     by the end of the fiscal year, whichever occurs earlier: 
     Provided further, That in the event that short-term borrowing 
     has been conducted and the emergency or the contingency funds 
     are later depleted below 50 percent as a result of an 
     emergency or contingency, an amount equal to the amount 
     necessary to restore reserve levels to 50 percent of the 
     total amount of funds contained in both the emergency and 
     contingency reserve fund must be replenished from the amount 
     borrowed within 60 days.
       Sec. 821. (a) None of the funds contained in this Act may 
     be used to enact or carry out any law, rule, or regulation to 
     legalize or otherwise reduce penalties associated with the 
     possession, use, or distribution of any schedule I substance 
     under the Controlled Substances Act (21 U.S.C. 801 et seq.) 
     or any tetrahydrocannabinols derivative.
       (b) The Legalization of Marijuana for Medical Treatment 
     Initiative of 1998, also known as Initiative 59, approved by 
     the electors of the District of Columbia on November 3, 1998, 
     shall not take effect.
       Sec. 822. None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 823. (a) Direct Appropriation.--Section 307(a) of the 
     District of Columbia Court Reform and Criminal Procedure Act 
     of 1970 (sec. 2-1607(a), D.C. Official Code) is amended by 
     striking the first 2 sentences and inserting the following: 
     ``There are authorized to be appropriated to the Service in 
     each fiscal year such funds as may be necessary to carry out 
     this chapter.''.
       (b) Conforming Amendment.--Section 11233 of the Balanced 
     Budget Act of 1997 (sec. 24-133, D.C. Official Code) is 
     amended by striking subsection (f).
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to fiscal year 2008 and each 
     succeeding fiscal year.
       Sec. 824. Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this title or in title 
     IV shall be treated as referring only to the provisions of 
     this title or of title IV.

  Mr. SERRANO (during the reading). Mr. Chairman, I ask unanimous 
consent that the remainder of the bill through page 146, line 22, be 
considered as read, printed in the Record, and open to amendment at any 
point.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from New York?
  There was no objection.


             Amendment Offered by Mr. Tom Davis of Virginia

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

       Amendment offered by Mr. Tom Davis of Virginia:
       At the end of the bill add the following new section:

                                TITLE __

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

  The Acting CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from Virginia (Mr. Tom Davis) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, this is a very simple 
amendment. I think it is a win-win. This amendment will reduce the 
appropriation to the U.S. Office of Special Counsel by $1 million, but 
it redirects those funds to a far more deserving entity, District of 
Columbia students who wish to attend college, the D.C. College Access 
Act.
  I was the original author of this legislation in 1999. This 
legislation essentially allows students in the District of Columbia to 
attend out-of-state universities and pay in-state tuitions because the 
District of Columbia does not have a state university system,
  Since that time, what had once been a pipe dream for D.C. students, 
because college was so unaffordable to them, paying for private 
colleges and out-of-state universities, has become a reality and is 
becoming part of the culture of the District. It has doubled the number 
of students in the District of Columbia that are now able to go to 
colleges. It has doubled that number. It is changing the culture. It is 
changing the aspirations of these students.
  This amendment, the $1 million that is added here, will allow an 
additional 200 District of Columbia students to take advantage of this 
program and go on to higher education. There will be no waiting lists. 
There will be no backups. They won't have to wait to see if the money 
is there. It will be there for them.
  If you want to change the culture of the city, we start with the 
education system. Mayor Fenty has started with a new system trying to 
revamp the public school system. But it doesn't do these students any 
good if they can't, at the same time, go on to higher education.
  The other thing this has done is it has kept people in the District 
of Columbia. Instead of having to move to Virginia or Maryland to 
attend universities, they can now live in the District and afford to 
send their kids on to college. Aspiring students who come from, in many 
cases, single-parent or no-parent homes, can now work their way through 
colleges, community colleges and other state universities in the 
region, and be able to commute back and forth. This has been a win-win 
situation.
  Now, we take this money from the Office of the Special Counsel. This 
office was increased by about $800,000 this year over last year's 
appropriations. We are bringing them basically to the level of 
appropriation they had last year.
  It is a troubled office. In February, Tom Devine of the Government 
Accountability Project testified before our committee that the Office 
of Special Counsel has become a caricature

[[Page 17805]]

and an object of contempt among the constituencies it supposedly 
services. It illegally gags its own employees, engages in ugly 
retaliation against its staff and is engaging in heavy-handed 
obstruction of justice tactics to intimidate its own employees from 
testifying in ongoing investigations of its activities.
  In April, Melanie Sloan, Executive Director of Citizens For 
Responsibility and Ethics in Washington, or CREW, said, ``Having 
transformed OSC into a virtual black hole for legitimate complaints of 
retaliation, Bloch is decidedly not the right person to tackle issues 
of misconduct and illegality.''
  More recently, we witnessed a Special Counsel who is trying to 
rehabilitate himself. But Beth Daley, the Director of the Project on 
Government Oversight, was quoted last month as saying, ``It is hard to 
believe the Office of Special Counsel will be able to conduct a 
thorough investigation into the White House while the Special Counsel 
is under investigation himself.''
  So I think this office can go back to the basic appropriation it had 
last year. This money can be better spent invested in the students of 
the District of Columbia as they aspire for higher education.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SERRANO. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. SERRANO. Mr. Chairman, I have the utmost respect for the 
gentleman. He knows how much I respect his desire to improve every bit 
of the educational programs in D.C., but there are a couple of things 
we need to know.
  First of all, this program is funded at $35.1 million. Interestingly 
enough, when we approached the D.C. government about this program, we 
asked what amount they wanted, and this was exactly the amount which 
was the President's request. They told us that they did not want or 
need any more. So it is funded at the President's request.
  The big problem with this, and what I want to speak about, is the 
message that this cut sends to the public and to those folks who like 
to spend a lot of time attacking Members of Congress on both sides. The 
Special Counsel's Office is involved at this very moment in some very 
sensitive and high-profile investigations having to do with whistle-
blower issues, having to do with the Hatch Act and having to do with so 
many other issues that we have read about and talked about for a while.
  If you are talking about a bipartisan way of inviting attacks on 
Congress and criticism of Congress, this is probably the best way to 
accomplish that. Because for $1 million to a program that is funded at 
the full presidential request, a program where the District of Columbia 
has said they didn't want any more money, for that $1 million, to give 
the impression they were somehow trying to put a damper on the 
investigations taking place is just the wrong message. For that alone, 
we should oppose it on both sides of the aisle.
  In fact, I would hope, after listening to what I know the gentleman 
has maybe already paid attention to in the past in putting together 
this amendment, that he would actually consider withdrawing the 
amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TOM DAVIS of Virginia. Let me just say, first of all, it is the 
President's requested number, but the District can use this money 
because of the students that are still waiting in line to make sure 
that they have a place and there is no waiting list.
  Let me just add this. You are defending the Office of Special 
Counsel. The Special Counsel, just weeks after he came into office, 
removed any reference to discrimination on the basis of sexual 
orientation from the OSC Web site. He then testified before the Senate 
that he did not believe current law protects Federal employees from 
discrimination on the basis of sexual orientation, an assertion that 
flies in the face of decades of precedent and defies an Executive Order 
by President Bush.
  Today, the Special Counsel is under investigation by the President's 
Council For Integrity and Efficiency and the Office of Personnel 
Management for claims that he retaliated against employees who 
complained about office policies, issued an illegal gag order, abused 
his hiring authority, discriminated against homosexuals, allowed 
political bias to influence enforcement of the Hatch Act, and forced 
senior career staff to relocate from OSC's Washington headquarters to a 
new regional office in Detroit.

                              {time}  2315

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

[[Page 17806]]

quite a bit of publicity in this country and been discussed widely, we 
should not be cutting what is not a large budget.
  Mr. TOM DAVIS of Virginia. The one the gentleman is referring to has 
been completed. It has been forwarded to the President, and they have 
no additional jurisdiction. For the record, we need to clear that up.
  Mr. REGULA. Mr. Chairman, I yield back the balance of my time.
  Mr. WAXMAN. Mr. Chairman, I oppose the amendment by the gentleman 
from Virginia.
  The Office of Special Counsel is a little-known agency with an 
important mission: it protects Federal whistleblowers from retaliation 
and enforces the Hatch Act, the law that prevents Federal officials 
from using Federal resources to engage in partisan politics.
  Last month, the Special Counsel issued a report highly critical of 
Lurita Doan, the GSA Administrator. The Special Counsel found that 
during a briefing for certain GSA employees by the White House Deputy 
Director of Political Affairs, the Administrator encouraged her 
subordinates to engage in partisan political activity.
  Here's what the Republican-appointed Special Counsel had to say about 
this incident: The GSA Administrator displayed no reservations in her 
willingness to commit GSA resources, including its human capital, to 
the Republican Party. Her actions, to be certain, constitute an obvious 
misuse of her official authority and were made for the purpose of 
affecting the result of an election. One can imagine no greater 
violation of the Hatch Act than to invoke the machinery of an agency, 
with all its contracts and buildings, in the service of a partisan 
campaign to retake Congress and the Governors' mansions.
  Currently, the Special Counsel is investigating whether Karl Rove and 
other White House officials violated the Hatch Act by holding numerous 
other political presentations at over 20 Federal agencies across 
government.
  Now, this amendment would take $1,000,000 from the Office of the 
Special Counsel. I have had serious disagreements with the Special 
Counsel in the past, but I have never proposed cutting the budget of 
this small agency. The Office only has a budget of about $16 million, 
so a cut of this magnitude could have a devastating effect.
  We need more enforcement of the Hatch Act and more protection of 
Federal whistleblowers--not less.
  I urge my colleagues to oppose the Davis amendment.
  Mr. SERRANO. I yield back my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Tom Davis).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I demand a recorded vote.
  The Acting Chairman. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
will be postponed.


           Amendment Offered by Mr. Miller of North Carolina

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

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

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

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

  The Acting CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from North Carolina (Mr. Miller) and a Member opposed each 
will control 5 minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. MILLER of North Carolina. Mr. Chairman, I offer this amendment on 
my own behalf and the behalf of Ms. Linda Sanchez of California.
  Mr. Chairman, this amendment prohibits the use of funds to implement 
an Executive Order entered earlier this year. The Executive Order 
claims powers for the President over agency rulemaking that is 
consistent neither with statutes passed by Congress nor with the 
Constitution.
  There are safeguards on how agencies can use that power, their power 
of rulemaking. Agencies are supposed to make rules in the public, with 
public participation, in the open, and citizens can sue an agency if 
regulations are too tough or too lenient.
  Executive Order 13422 dramatically changes how rulemaking works and 
lets political appointees overrule the professionals at each agency in 
secret with no accountability to anyone. Decisions that are supposed to 
be made in the open can be made in closed rooms on the basis of 
improper political considerations, and often no citizen will know to 
sue to challenge a rule or more often sue to challenge agencies 
inaction because no citizen will know what really happened. No citizen 
will know what the professionals at an agency be recommended be done.
  The issues raised by Executive Order 13422 need Congress' attention, 
but this amendment stops this President or any Presiding from seizing 
the power to rewrite almost every law that Congress passes, laws to 
protect public health, the environment, safety, civil rights, privacy, 
and on and on, without answering to Congress or the American people.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SERRANO. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise in support of the amendment. The gentleman has 
raised some very serious issues that need addressing, and I would 
accept the amendment and support it.
  Mr. REGULA. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I oppose the gentleman's amendment. I am not going to 
call for a vote. I think this is something that needs to be studied a 
little more, and would anticipate that in conference we would try to 
address the problem. This Executive Order is relatively new. I am not 
sure what the impact of that would be nor what the impact of this 
amendment would be.
  For the record, tonight I oppose it. As I say, I am not going to call 
for a vote on it, but I think the chairman and I ought to take a second 
look at it and decide whether we want to address the issue in 
conference.
  Mr. Chairman, I yield back my time.
  Mr. MILLER of North Carolina. Mr. Chairman, I yield back the balance 
of my time.
  Mr. WAXMAN. Mr. Chairman, I support the Miller-Sanchez amendment to 
H.R. 2829, the Financial Services and General Government Appropriations 
Act for Fiscal Year 2008. The Miller-Sanchez amendment would prohibit 
OMB from using the funds appropriated in this bill to implement 
Executive Order 13422.
  Executive Order 13422 was issued on January 18, 2007. The 
Administration's rationale for this Executive Order, which amends 
Executive Order 12866, is that it will improve the way the government 
does business. What this Executive Order really does is to create new 
opportunities for politicization and delay in the regulatory process 
and make it harder for agencies to take virtually any action.
  This Executive Order makes a significant change in policy by giving 
OMB authority over agency guidance documents. Agencies issue guidance 
for a variety of reasons such as providing safety warnings or helping 
the public understand how to comply with a particular requirement. 
Agencies will now have to get OMB approval of any guidance document 
that is considered ``significant.'' This means that OMB will have the 
opportunity to second-guess the decisions of agency experts and that 
agencies will be delayed in, or blocked from, getting important 
information out to the public.
  Executive Order 13422 also requires agencies to designate a 
presidential appointee as a ``Regulatory Policy Officer'' who will have 
significant authority. Unless specifically authorized by the agency 
head, an agency cannot ``commence'' a rulemaking without the approval 
of the Regulatory Policy Officer. This means that a political appointee 
will be in the powerful position of vetoing or indefinitely delaying a 
rule, even when the rule is needed to carry out Congress' directives. 
This will slow down agency action even further and invite the 
politicization of agency decisions.
  Executive Order 13422 will make it harder for agencies to issue 
common sense safeguards to protect health, safety, and the environment. 
With the Miller-Sanchez amendment, Congress is sending the message that 
this is not a good way to govern. I urge my colleagues to support the 
Miller-Sanchez amendment.

[[Page 17807]]


  Mr. SERRANO. Mr. Chairman, I yield back my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from North Carolina (Mr. Miller).
  The amendment was agreed to.


           Amendment Offered by Mr. Inglis of South Carolina

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

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

                 TITLE IX--ADDITIONAL GENERAL PROVISION

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

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


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

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

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

  The Acting CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from New Jersey (Mr. Garrett) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. GARRETT of New Jersey. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, I rise today to offer an amendment that will positively 
affect thousands of small businesses across the country. I would like 
to thank my good friend from Florida, Congressman Tom Feeney, for 
sponsoring this amendment with me and for all of his hard work on 
pushing for much-needed Sarbanes-Oxley reform.
  Mr. Chairman, the 5-year anniversary of the passage of Sarbanes-Oxley 
is almost upon us, and there are many of us who believe, myself 
included, that SOX used a sledgehammer where a simple tap 
would do. The accountability and transparency goals that were so 
laudable in developing SOX could have been met, at least in 
part, through a competitive market where empowered investigators have a 
real role.
  One thing is for certain, however, and that is the regulatory scheme 
and structure that SOX established has created more problems 
than it resolved. You see, we are in a global economy, and our 
financial markets must be able to be competitive. But when going public 
in an American market means added out-of-pocket expenses of $4 million 
to $6 million per accelerated filer, that is more than 50 times the 
original SEC estimate, it begs the question why any company rising 
through the ranks would go public and be subject to those requirements. 
Worse yet, it begs the question of why that successful company would go 
public in the U.S. at all.
  In fact, there have been very many credible reports pointing to a 
loss in the supremacy of the American financial market as a direct 
result of the SOX implementation. Only one of 24 listings 
with over $1 billion in capital raised has listed in the U.S. as 
opposed to London, according to the New York Stock Exchange. And there 
is also evidence that some U.S. companies have even returned to being 
privately held because of their inability to meet the costs and 
extensive accounting requirements of SOX.
  We have seen this directly with our Nation's two largest financial 
markets, the New York Stock Exchange and NASDAQ, both looking to expand 
into a less regulated, less litigated environment in Europe.
  One segment of the U.S. economy that will bear a disproportionate 
brunt of SOX is the American small business. Because the SEC 
expected small businesses to have difficulty meeting all of these costs 
and filing requirements, they were temporarily exempted from the 
regulatory burdens of section 404 to give them time to prepare. This 
exemption was last extended now through 2007 so that the SEC and the 
PCAOB could finalize their revised guidelines to management and new 
standards to the auditors. So while I am commend the SEC and the PCAOB 
in trying to improve the implementation of 404, it still remains 
unclear whether these revisions make it possible for small businesses 
to comply without suffering dire economic consequences.
  Furthermore, it is unfair to make our small businesses comply with 
new regulations that are being finalized and adopted halfway through 
this year for which these small businesses are supposed to report.
  So I offer this amendment today to extend the exemption for small 
businesses to comply with section 404. The amendment will prohibit the 
SEC from forcing small businesses to comply with section 404(a)for 
fiscal year 2008.
  There is just too much evidence out there that small companies are 
not going public or are doing so overseas because of the onerous 
burdens of section 404, and this amendment will address that. It is 
essential that we do not add to the overly burdensome new costs on our 
Nation's small businesses,

[[Page 17808]]

especially while new auditing standards are still being revised and 
finalized.
  So by delaying the requirements for 1 year, and that is all, we are 
giving our small businesses more time to ensure that they are not 
unfairly hurt, without jeopardizing the accountability goals of the 
original SOX legislation.
  Mr. Chairman, I include for the Record The National Taxpayer Unions 
Vote Alert in support of this amendment that is on the floor today, 
along with a letter from the Property Casualty Insurers Association of 
America.

                                     National Taxpayers Union,

                                                    June 27, 2007.

                  National Taxpayers Union Vote Alert

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



                                     U.S. Chamber of Commerce,

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

                                        Property Casualty Insurers


                                       Association of America,

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

  With that, I reserve the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Chairman, I claim the time in 
opposition.
  The Acting CHAIRMAN. The gentleman from Massachusetts is recognized 
for 5 minutes.
  Mr. FRANK of Massachusetts. Mr. Chairman, might I inquire, who has 
the right to close?
  The Acting CHAIRMAN. The Chair would advise the gentleman that the 
gentleman from New Jersey has the right to close. The gentleman from 
Massachusetts is not a member of the committee.
  Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, sic transit gloria Oxley. Mike Oxley, my Republican 
predecessor, is barely gone, when one of his great works is being 
trashed by his former colleagues.
  Indeed, as I look at this assault, the gentleman from New Jersey 
started out talking about small business, but small business clearly 
appeared to be the stalking horse here. He talked about the New York 
Stock Exchange. They don't deal with small business. He talked about 
Sarbanes-Oxley in very negative terms broadly. His complaint is not 
about small business, but about Sarbanes-Oxley in general. If you 
analyze what the gentleman said, it was an assault on Sarbanes-Oxley.
  Now, Sarbanes-Oxley was passed by a Republican House and a Democratic 
Senate. It was signed and claimed as a great triumph by our Republican 
President, George Bush.
  I am sad for President Bush. No Child Left Behind, Sarbanes-Oxley, 
immigration, Medicare part D, even the war in Iraq. Mr. Chairman, are 
there no Bush policies left that can escape the assault of the 
Republican Party? I am inclined to think that there are only two Bush 
policies left that command strong support on the Republican side: 
illegal wiretapping and torture. Everything else they appear to have 
abandoned.
  In fact, 10 days ago, the Secretary of the Treasury, Secretary 
Paulson, explicitly disagreed with the gentleman from New Jersey on the 
need for this amendment and said, no, we don't want to do this now. 
This is working.
  What is working is a couple of days ago the Chairman of the 
Securities and Exchange Commission, our former colleague Mr. Cox, said, 
we don't need legislation. We are in the process of changing this. All 
five of the Commissioners appeared, and none of them asked us for 
legislation. Mr. Cox specifically said it is not needed.
  This is a vote of no confidence in Chris Cox and the SEC. They have 
said, yes, we should change this. We have more time. It is in a 
deferment period, and the SEC is in the process, along with the Public 
Company Accounting Oversight Board, of winding this down, of making it 
easier.
  Mr. Cox was asked just yesterday, well, what is this going to cost 
small business? He said, we don't know yet, because we are changing it 
already for the big businesses that have to pay. But we are going to 
look at that, and we will make adjustments.
  So Chris Cox, on behalf of a unanimous SEC, 3 Republicans, 2 
Democrats, along with the Republican Secretary of the Treasury Mr. 
Paulson, says we are fixing this. Please do not at this point 
legislate.
  Of course, what we see is, if you listen to the gentleman from New 
Jersey, this is the beginning of an assault on Sarbanes-Oxley in 
general, because much of his speech was not about small business, it 
was about Sarbanes-Oxley in general, which he does not like and thinks 
is a terrible burden and is driving people overseas.

                              {time}  2330

  It is not driving small business overseas. Nobody argues that. It is 
not driving small businesses off the New York Stock Exchange; they were 
never on it. So this is step one in the assault on Sarbanes-Oxley. It 
is an unnecessary assault because the SEC, under Chairman Cox, with a 
Republican majority and Secretary Paulson are already trying to fix 
this problem.
  Mr. GARRETT of New Jersey. Mr. Chairman, I thank the gentleman for 
his comments and just point out that I also did not support No Child 
Left Behind, the medicare bill, the immigration bill or SOX, and I do 
have a No

[[Page 17809]]

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

[[Page 17810]]

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

                              {time}  2345

  Mr. FRANK of Massachusetts. Let me make the substantive argument 
here.
  Law enforcement in America is not totalitarian. It is not 
authoritarian. It requires a buy-in by those regulators. And that's why 
this amendment would do so much damage. There is, of course, a 
disconnect between the amendment which hides behind small business and 
the broader attack on Sarbanes-Oxley that we have heard from the two 
speakers.
  But here's where the connection comes in. The SEC, with the full 
backing of Secretary Paulson, all these Republican nominees, Secretary 
Paulson from Goldman Sachs, Chris Cox and the others, they understand 
that Sarbanes-Oxley was overwritten in the regulatory phase. They are 
writing it down, but they don't want people to just think this is 
chaos. They have asked us explicitly, the Secretary of the Treasury and 
the SEC, the Republican appointees, to let them work this out. They 
agree that it needs to be reduced.
  But if you start now with Congress piecemeal amending it, the degree 
of consensus they are trying to reach in the business community will 
erode. If people think, oh, we got one amendment through, we got this 
piece out, then there will be others who want another piece, people who 
have always resented it. And Mr. Cox has been very careful to try to 
get, for instance, unanimity in the commission because he wants people 
not to think this is a chance he's saying, it's going one way, it's 
going the other. And to begin now to whittle away at his authority, 
when he is in the process of doing exactly what critics of Sarbanes-
Oxley as it now stands say they want to do, undermines his ability to 
reform this in an orderly way.
  Mr. FEENEY. Mr. Chairman, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Florida.
  Mr. FEENEY. When Sarbanes-Oxley was passed, America had roughly 48

[[Page 17811]]

percent of the world capital market formation. We're down to about 39 
percent.
  Mr. Chairman, I ask you, because you're a good friend and you're 
smart about this stuff, at what point will you say that there's a 
problem?
  Mr. OBEY. I yield to the gentleman from Massachusetts.
  Mr. FRANK of Massachusetts. First of all, does the gentleman not 
understand that his question, as virtually all of his debate, has zero 
to do with the amendment he purports to be supporting?
  The fact is that the problems, yes, in China they have decided to do 
it in Shanghai. I think there are a lot of reasons why there has been a 
shifting and we're no longer overall in the world. But it has nothing 
to do with this amendment because it's not about small business. We 
haven't lost the share of small business. But the gentleman has 
reinforced my point. I mentioned Shanghai. Shanghai is appropriate, 
because this amendment is an attempt to shanghai small business into 
the cause of undermining Sarbanes-Oxley and undercutting the effort by 
the SEC, supported by the Secretary of the Treasury--and I assume the 
Bush administration--to allow the process of scaling back Sarbanes-
Oxley to be done in an orderly, reasonable fashion.
  Mr. HALL of New York. Mr. Chairman, I am a committed advocate for 
small businesses, which are a driving force in the economy of the 
Hudson Valley. To help support these businesses, I cosponsored the 
Small Business Tax Relief Act, which provided a number of tax breaks to 
local small businesses including enhancement of the work opportunity 
tax credit and the ability to claim the work opportunity tax credit 
against AMT liability. I was proud to see the President sign that small 
business tax relief package into law earlier this year. The bill we 
considered today, the Financial Services and General Government 
Appropriations Bill, included over $580 million for the Small Business 
Administration. Small businesses are a vital part of the 19th district 
of New York and the country as a whole, and I am committed to helping 
small business owners succeed in the 21st century and beyond.
  During consideration of the Financial Services and General Government 
Appropriations Bill I voted against an amendment proposed by 
Congressman Garrett that would have extended a moratorium on 
enforcement of section 404 of the Sarbanes-Oxley Act. I am concerned 
that the amendment would have weakened the Sarbanes-Oxley system, which 
is designed to ensure transparency in America's corporations and 
protect innocent shareholders and employees from corporate malfeasance. 
I have not forgotten what led to the demise of companies like Enron and 
Worldcom, and I am committed to ensuring that such tragedies are not 
repeated. I look forward to continuing to work with colleagues to 
pursue ways to support small business growth and corporate 
accountability.
  The Acting CHAIRMAN. The time of the gentleman from Wisconsin has 
expired.
  The question is on the amendment offered by the gentleman from New 
Jersey (Mr. Garrett).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. GARRETT of New Jersey. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New Jersey 
will be postponed.


                 Amendment No. 6 Offered by Mr. Conaway

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

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

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

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

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


                    Amendment Offered by Mr. Souder

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

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

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

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

  Mr. SERRANO. Mr. Chairman, I reserve a point of order on the 
gentleman's amendment.
  The Acting CHAIRMAN. A point of order is reserved.
  Pursuant to the order of the House of today, the gentleman from 
Indiana (Mr. Souder) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Indiana.
  Mr. SOUDER. Mr. Chairman, I yield myself 3 minutes.
  This amendment would continue the existing ban on public funding for 
needle exchange programs in Washington,

[[Page 17812]]

D.C. We have prohibited this since 1999, so we've done this for 7 
years. We generally speaking have had votes in the House and Senate and 
voted overwhelmingly not to have the taxpayers be heroin dealers.
  Intravenous drug use is associated with two epidemics, the spread of 
infectious diseases such as HIV and hepatitis C and illicit drug abuse 
and the physical, economic and social damages it does. Needle exchange 
programs do not increase drug abuse. They maintain it, they sustain it, 
they support the intravenous drug use.
  Also, over the years, we can argue about the studies and we've argued 
on this on the House floor over and over about this study and that 
study. The best that you can say is studies are inconclusive. In fact, 
recent studies are moving to prove what I have alleged in these debates 
over the years, that there's no significant impact on HIV infection, in 
fact, we merely subsidize heroin use.
  Responsible public health policy and compassion requires us to meet 
the primary illness, not just the outward symptoms of the disease. 
Addiction is what fuels HIV risk. Providing needles to addicts isn't 
going to help end their addiction. It is not compassionate to enable 
addicts to continue their addiction. What we need to do is get them 
off. For example, D.C. has actually reduced the funding for drug abuse 
and addiction treatment. They need to be focusing on addiction 
treatment, not providing free heroin needles.
  I want to speak briefly about Vancouver, Canada, which was the model 
in the western hemisphere. When they first implemented this program, I 
visited Vancouver and watched the distribution of needles. They assured 
me that this was going to get the problem under control, even though 
they saw rising drug abuse in the center city of Vancouver. By the next 
time I went up to Vancouver, they had multiple needle sites, that in 
fact some of the needle sites in downtown Vancouver were competing with 
each other and arguing over who got to provide the needles. We saw in 
many of these urban center areas, which has been repeated in New York 
and in other places where they've had these experimental programs that 
in fact it has increased codependency because in many of these areas 
where you see people who are being treated for a variety of different 
illnesses, you have homeless shelters, and we've seen a rise in 
codependency because the needle exchange programs and the heroin 
dealers are down where the needle exchange programs are and we've seen 
an increase and a rise in this.
  Recent studies out of Vancouver are continuing to prove on a steady, 
systematic way that it has been one colossal failure that had been 
touted on this House floor as a solution to HIV. I believe that it is 
not only practically wrong for us to provide the funds through taxpayer 
funds to a program that is not only practically not effective in 
stopping HIV, it is, I believe, morally and ethically wrong to ask the 
taxpayers to in effect provide the very needles that keep people 
addicted to heroin.
  Mr. Chairman, I reserve the balance of my time.
  The Acting CHAIRMAN. Does the gentleman continue to reserve his point 
of order?


                             Point of Order

  Mr. SERRANO. Mr. Chairman, I make a point of order against the 
amendment because it proposes to change existing law and constitutes 
legislation in an appropriation bill and therefore violates clause 2 of 
rule XXI.
  The rule states in pertinent part: ``An amendment to a general 
appropriation bill shall not be in order if changing existing law.'' 
The amendment requires a determination.
  I ask for a ruling from the Chair.
  The Acting CHAIRMAN. Does any other Member wish to be heard on the 
point of order?
  If not, the Chair finds that this amendment imposes new duties on the 
Secretary. The amendment therefore constitutes legislation in violation 
of clause 2 of rule XXI. The point of order is sustained and the 
amendment is not in order.


                    Amendment Offered by Mr. Souder

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

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

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

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

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

[[Page 17813]]

how we want you to behave, because this is what I believe in and back 
home I can't do this, so I'm going to do it on you and I'm going to do 
it to you.

                              {time}  0000

  The mayor, city council, the leadership, has asked over and over 
again, give us the opportunity to deal with this issue on our own, in 
our own way, and in our own terms.
  We are not, if I had my way, I would have said that Federal funds 
could be used for a needle exchange program. That's who I am. But 
that's not what this says. This simply says that those dollars that are 
raised locally by the people in the District of Columbia, that they can 
use it for a program that can save lives, that can stop the spread of 
AIDS, that can deal with an issue in the most proper and humane way.
  This is one of those issues where you have to go deep into your soul, 
into your heart and not deal with the rhetoric of what sounds right in 
a 30-second sound bite, but what is proper for public safety, for 
public health, and for the human dignity of a person that already has a 
major problem.
  I have dealt with a lot of people who are addicted for a long time in 
my district. I know the pain they go through. At the expense of perhaps 
making light of it, when they show up at a needle exchange program, 
they are not dressed in tuxedos with martinis in their hands having a 
ball. They are people who are hurting, hurting and trying to survive 
somehow. This may just give them a chance not to get sick, but perhaps 
just as important, or most importantly, not to make someone else sick.
  I would hope that the gentleman fully understands what this is. One, 
it's local control over the destiny of the District of Columbia; and, 
secondly, it is a proper medical way for this society to deal with an 
issue.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SOUDER. Mr. Chairman, may I ask how much time remains?
  The CHAIRMAN. The gentleman from Indiana has 3\1/2\ minutes 
remaining.
  Mr. SOUDER. Mr. Chairman, I yield myself 2\1/2\ minutes.
  First, I want to make it absolutely career that I have spent much of 
my career work on antinarcotics effort, and it is not a cavalier, cheap 
shot-type amendment here. I have visited the Vancouver multiple times. 
I have visited the heroin centers in Switzerland. I have been on the 
streets of New York and other areas where this has purported to do what 
the gentleman claims it does. It doesn't. The gentleman didn't cite any 
study, to the degree there are studies. I have already acknowledged 
they are mixed. But the net impact is it hasn't seen a reduction in HIV 
use, and it has seen an increase in heroin use.
  Secondly, as far as Washington DC, they have 80 beds, capacity for 80 
beds for detoxification. That is not a serious effort to reduce heroin.
  Thirdly, we fund the District of Columbia. It is our national 
capital. You can criticize or say that we micromanage, but, in fact, we 
provide much of the funding that goes in the District of Columbia, and 
it is, if not directly, at least indirectly taxpayer funds. Because it 
is a national capital, that is why it is set up as the District of 
Columbia.
  Now, I understand there is frustration with that, but we have also 
tried to limit any direct or indirect funds to heroin needle exchanges 
anywhere in the country. This isn't targeted at Washington DC. You can 
look at my record. I am willing to target anybody on this program, 
because I don't believe it reduces HIV. I do believe it increases 
heroin addiction. I do believe that, in fact, it has been a well-
intended, as I said, program, that has worked out to be 
counterproductive.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SERRANO. Mr. Chairman, just one comment. First of all, the 
committee received a letter in support of removing the prohibition 
signed by 29 leaders of medical, public health and social service 
organizations.
  In addition, while drug use is illegal, users should not have to pay 
with their lives. Studies conducted by the CDC, NIH, National Academies 
of Science and the GAO, which demonstrate that needle exchange programs 
reduce the incidence of HIV. I mean, this is an array of serious 
government agencies saying that this, in fact, reduces HIV.
  So, on the one hand we spent a lot of money in this country, both 
here at home and overseas. To the President's credit, he has picked up 
the ball lately on that issue, and has responded better than in the 
past on the idea of fighting this disease throughout the world.
  Well, right here at home, right here in the Nation's Capital, where 
the largest number of people infected exist now, the largest ratio, we 
could deal with this by simply allowing them to do what they must do.
  Mr. SOUDER. Mr. Chairman, I yield myself the balance of my time.
  First off, we have quoted study after study on this House floor, 
indirect studies contracted out by different people at different times 
have, in fact, proven different things depending on what you want to 
try to prove. The net impact of it is it hasn't reduced HIV, and it has 
not reduced but, in fact, we have seen heroin addiction go up.
  Medical associations are on both sides of the record on this issue, 
because on the early days of this issue it showed great promise, and 
there was great hope that, in fact, it might work, but that it has not. 
What we really need is drug treatment, not drug enable willing. What 
you can see when you go into these difference centers and visit them 
is, as a matter of fact, some people come in, they see it as a way to 
get clean needles. But when you analyze the studies, it's not even that 
those who were using dirty needles used dirty needles less, they use 
heroin more.
  During the periods of time where they could get the needles at the 
distribution points, they get the needles at the distribution points. 
At other times, when they want to get caught up, they go get the dirty 
needles. It doesn't even reduce. In a case-by-case basis, there's not 
proven sustained evidence that it even reduces the dirty needles of 
those who go to the centers. Unless you have round-the-clock constant 
track usage in a controlled setting, it simply doesn't have the impact 
that it claims to have.
  I believe that this is good Federal policy that we have maintained 
since 1999, and we should keep this policy.
  Mr. Chairman, I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. OBEY. Mr. Chairman, I want to congratulate the gentleman from 
Indiana. I was not aware of the fact that he had gotten a medical 
degree. I don't think he is a doctor, and neither am I, and so I would 
submit that neither one of us are actually qualified to make final 
judgments about medical matters.
  But I am also bothered by something else. You know, I came here to be 
a Member of the United States Congress. I didn't come here to be a 
Member of the DC City Council. I'm certainly not getting paid for it. I 
don't know if the gentleman is, but I'm not, and I don't feel like 
doing double duty as a city councilman at 7 minutes after midnight. I 
don't even think I would feel like doing that tomorrow.
  But what I am bothered by is the idea that somehow we think we can 
come from our own communities, our own States, and then come to this 
town, because we happen to technically approve the district's budget in 
a plantation-type style, we, therefore, begin to tell the District of 
Columbia that we are going to decide what kind of medical advice is 
relevant. I heard the gentleman say this in debate, I believe it is 
wrong.
  Well, the gentleman is perfectly entitled to that opinion, just as I 
am entitled to my opinion. But the fact is that I don't believe that it 
makes much sense for either Dr. Souder or Dr. Obey to be telling DC how 
they can use their own money. I think it's the height of arrogance on 
the part of the Congress.
  If you want to dictate to communities, would you dare go home and 
dictate to your own hometown what the

[[Page 17814]]

city council ought to do? Would you say that because we provide Federal 
money to your city council, that somehow we should decide what their 
policy ought to be on medical matters? I don't think so.
  I am baffled by people, especially by conservatives, who every day 
will profess to believe in local control, States' rights and the like, 
but then when it comes to the District of Columbia, they say, well, 
because we have a special opportunity, we are going to impose our 
judgment on yours. I don't think this is about the issue of needle 
exchange or drugs. I detest drugs. My God, look what they have done to 
Rush Limbaugh.
  But for God's sake, it seems to me that we ought to have enough 
restraint to recognize that if we wanted to dictate to the DC what 
their policies ought to be, then we ought to resign from Congress and 
run for city council for the District of Columbia, or maybe even mayor.
  But until that time, it seems to me that the District of Columbia 
government has the right to make their own choices even if they are 
wrong.
  Now, Will Rogers said once that when two people agree on everything, 
one of them is unnecessary.
  I would submit that I don't have to agree with the gentleman's 
opinion, and he doesn't have to agree with mine to recognize that we 
have got a right to state those opinions and follow up on them on 
Federal matters. But we are interfering in the operation of a local 
city, and we have no right to do that on education, on drugs or 
anything else.
  You learn from your own mistakes, and if the District of Columbia is 
making the wrong choice, then I suspect in time evidence will show they 
made the wrong choice.
  But, until then, we are imposing our own judgment on a life-
threatening matter. As one layman to another, that makes no sense 
whatsoever.
  Mr. Chairman, I yield back the balance of my time.
  Mr. REGULA. Mr. Chairman, I move to strike the requisite number of 
words.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. REGULA. I yield to the gentleman from Indiana.
  Mr. SOUDER. Mr. Chairman, as my friend from Wisconsin knows my issue 
on this commitment goes far beyond the District of Columbia. This 
doesn't have anything to do with the goal of being a city council 
member in the District of Columbia.
  I believe any type of funding of heroin needles is counterproductive, 
and there are plenty of medical experts on both sides who will make 
that argument either direction. But evidence is increasingly proving 
that the one group of doctors, the one group of researchers and the 7 
years of legislation here are being proven correct, and time will prove 
them even more correct.
  But I do want to address the underlying fundamental question on 
whether we have a right to legislate in the District of Columbia.
  Obviously, the Constitution from the founding of this country has 
treated the District of Columbia differently. It's our national 
capital. We have increasingly given them more flexibility.
  I think that that is, generally speaking, a good thing. But we don't 
have a Fort Wayne, Indiana, appropriations bill that comes to the 
floor. We get some funding, but there are not special bills that come 
from taxpayer dollars all over America. Nor is there a northern 
Wisconsin funding bill that comes to the House floor.
  When we take large sums of money from our districts that then gets 
used in policies, in our national capital, that was set up to be 
different than the other States, with different guidelines and 
difference regulations, then we do have some obligation to the 
taxpayers in our district and to our Nation that chose us as the 
national capital and an appropriations process that set us up where we 
are taking funds from other States because this is our national 
capital, and which none of us resents putting funds in because it's our 
national capital. We use much of the space here, we have put certain 
restrictions in the city.
  I believe we are justified then in trying to do wise policies to the 
degree possible when necessary in the city. But my opposition to heroin 
needles is not just restricted to District of Columbia. This is bad 
policy that does not help the HIV problem and does expand the heroin 
problem.
  Mr. OBEY. Would the gentleman yield?
  Mr. REGULA. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Let me simply say, I would agree with the gentleman if his 
amendment was limited only to the money that we are appropriating to 
the District of Columbia. What I don't agree with is when we impose 
that same judgment on the use of their local money.
  Mr. SOUDER. Would the gentleman yield?
  Mr. REGULA. I yield to the gentleman from Indiana.
  Mr. SOUDER. The point is, we have debated this in multiple ways, we 
had faith-based debates. We had the debate the other day on 
international family planning. Money is fungible, and it's very 
difficult to sort out which is which when it's this big amount of funds 
we put into the city.
  Mr. REGULA. I yield back the balance of my time.
  Mr. SERRANO. Mr. Chairman, I move to strike the last word.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. SERRANO. Mr. Chairman, in anticipation of the possibility that we 
would allow them to use their local dollars, the District of Columbia 
already has put together a plan, a very comprehensive plan to deal with 
this issue.

                              {time}  0015

  That is the plan presented to the committee by Dr. Greg Payne, the 
Director of the Department of Health. In it, they speak about the 
dollars they want to spend and the agencies they want to deal with at 
the local level. They are very serious about the fact that they want 
this done, and we should be supportive of it.
  I did not, in my comments, intend, nor do I now, to question the 
gentleman's commitment to his belief that this is not a good program. I 
respect that. I disagree with you, but that was never my intent, if 
that's what you got out of it.
  But I know that you would not be able to present this kind of an 
approach anywhere else except when it comes to dealing with the 
District of Columbia because it is, for all intents and purposes, a 
territory or a colony. And I take that very seriously because I was 
born there, an America colony. And I'll be darned if I'm going to be 
the Governor, now in charge by the Congress of a colony. I don't want 
to do to DC what I feel has been done to my birthplace for 109 years. I 
fight every day to make that a better situation.
  And I think what's happened is somewhere along the way we discovered 
in Congress, and at times it's been done by everybody, we discovered in 
Congress that there was a playground, there was a place where we could 
put forth issues that we thought were important issues. And so if you 
look at the provisions that prohibit local and/or Federal funds from 
being used in DC, you see everything from the abortion issue to the gay 
issue, to the domestic partners issue, to the needle exchange issue; 
just about every issue that we have ever decided is important in this 
country, we've used DC as the example. And why? Because they can't 
fight back because they're powerless because they are, indeed, a 
colony.
  Well, I don't know how long I'm going to be chairman of this 
committee, but as long as I'm chairman of this committee, I will work 
hard on many issues, and one of them is to alleviate the burden of the 
District of Columbia to have to be treated like a colony of the U.S. 
Congress.
  Let us do this locally. Let us all decide that if you really believe 
in something like this, do it locally.
  Let me read to you something that Mayor Fenty wrote to us. And I 
always mention the fact, and I don't want to put my ranking member in a 
difficult situation, although, you know, he's tough enough to handle 
it, but he and

[[Page 17815]]

I are big fans of this Mayor. We're big fans of the vision he presents. 
We're big fans of giving the District every opportunity to succeed. He 
says it more than I do. In every opening statement, at every committee 
hearing, he brings up DC as something, a group of people he wants to 
help.
  The Mayor says, statistics in 2005 show that DC has the highest rate 
of AIDS cases in the country, a rate that is over 6 times the national 
average. An estimated 1 in 20 DC residents is infected with HIV. Nearly 
1 in 50 has full-blown AIDS.
  My God, if this is true, and it is, then why wouldn't we let them at 
least use their local funds to deal with this issue?
  You know, I don't know 50 years from now how we're going to be 
judged, but I think that an issue that may not get the importance it 
gets now, like this one, will be one of the ones that will judge all of 
us as to what we did when we had an opportunity to do something.
  Mr. SOUDER. Will the gentleman yield?
  Mr. SERRANO. Absolutely.
  Mr. SOUDER. I want to make just two brief points. One is Vancouver, 
when they were first looking at it because of their at that time rising 
AIDS rates, which were not nearly as high at DC, had a similar plan, or 
met with similar people from the medical community, and they've been 
proven wrong. Just because you have a plan and it came from the medical 
community does not mean it will work, and the program hasn't worked.
  But I do want to make, if I could, one personal clarification. I am 
more than willing and have worked to put this restriction on every city 
in America. I don't distinguish Washington, DC, from others, and I 
don't appreciate the implication that I would treat it like a 
plantation. I believe this restriction ought to apply to every city.
  Mr. SERRANO. Well, with all due respect, and reclaiming my time, you 
may not feel that it's treated like a plantation, you may not feel that 
it's treated like a colony, but let me tell you, I don't know a 
plantation, but I know a colony, and we do treat it like a colony.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Indiana (Mr. Souder).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. SOUDER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Indiana will 
be postponed.
  Mr. SERRANO. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Lipinski) having assumed the chair, Mr. Altmire, Acting Chairman of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2829), 
making appropriations for financial services and general government for 
the fiscal year ending September 30, 2008, and for other purposes, had 
come to no resolution thereon.

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