[DOCID: f:hr497.110]
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110th Congress Report
1st Session 110-497
HOUSE OF REPRESENTATIVES
_______________________________________________________________________
PROVIDING FOR THE CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL
(H.R. 2764) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF STATE, FOREIGN
OPERATIONS, AND RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2008, AND FOR OTHER PURPOSES
__________
R E P O R T
of the
COMMITTEE ON RULES
to accompany
H. Res. 878
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
December 17, 2007.--Referred to the House Calendar and ordered to be
printed
U.S. GOVERNMENT PRINTING OFFICE
39-676 WASHINGTON : 2007
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-497
======================================================================
PROVIDING FOR THE CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL
(H.R. 2764) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF STATE, FOREIGN
OPERATIONS, AND RELATED PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2008, AND FOR OTHER PURPOSES
_______
December 17, 2007.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Slaughter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 878]
The Committee on Rules, having had under consideration
House Resolution 878, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The rule provides for consideration of the Senate amendment
to H.R. 2764. The rule makes in order a motion by the chairman
of the Committee on Appropriations to concur in the Senate
amendment with each of the two House amendments printed in this
report. The rule waives all points of order against
consideration of the motion except those arising under clause
10 of rule XXI and provides that the Senate amendment and the
motion shall be considered as read. The rule provides one hour
of debate on the motion equally divided and controlled by the
chairman and ranking minority member of the Committee on
Appropriations. The rule provides for a division of the
question of adoption of the motion between the two House
amendments. The rule provides that the Chair may postpone
further consideration of the motion to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the motion (except for clause 10 of rule XXI)
the Committee is not aware of any points of order against the
motion except a technical point of order under section 206 of
Senate Concurrent Resolution 21.
SUMMARY OF THE HOUSE AMENDMENTS TO THE SENATE AMENDMENT TO H.R. 2764
FIRST AMENDMENT
Strikes the text of the Senate amendment and inserts a
Consolidated Appropriations Act covering 11 regular
appropriations bills, each in a separate division, as follows:
Division A--Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies
Appropriations Act, 2008-$18.1 billion
Division B--Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2008-$51.8 billion
Division C--Energy and Water Development and Related
Agencies Appropriations Act, 2008-$31.9 billion
Division D--Financial Services and General Government
Appropriations Act, 2008-$20.6 billion
Division E--Department of Homeland Security
Appropriations Act, 2008-$34.85 billion
Division F--Department of the Interior, Environment,
and Related Agencies-$26.6 billion
Division G--Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 2008-$144.8 billion
Division H--Legislative Branch Appropriations Act,
2008-$4 billion
Division I--Military Construction and Veterans
Affairs and Related Agencies Appropriations Act, 2008-
$60.2 billion
Division J--Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008-$32.8
billion
Division K--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act,
2008-$48.9 billion
The amendment also provides $7.5 billion in emergency
funding for WIC, drought assistance, convention security,
border security, wildfires, LIHEAP, world trade center workers,
State Department and foreign operations, and I-35 bridge repair
in Minnesota. The amendment provides an additional $3.7 billion
in contingent emergency funding for veterans' healthcare and
other needs, bringing the total amount of funding in the first
amendment to $484.7 billion.
SECOND AMENDMENT
Provides $31 billion for operations in Afghanistan and
prohibits these funds from being used for operations in Iraq.
TEXT OF THE HOUSE AMENDMENTS TO THE SENATE AMENDMENT TO H.R. 2764
Amendment to the Senate Amendment to H.R. 2764
Page 1 of the amendment of the Senate, strike line 1 and
all that follows through page 227, line 2, and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Emergency designations.
Sec. 6. Statement of appropriations.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
Title VI--Rescissions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2008
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
Title I--Department of Homeland Security
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research and Development, Training, and Services
Title V--General Provisions
Title VI--Border Infrastructure and Technology Modernization
DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
Title V--Wildfire Suppression Emergency Appropriations
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--National Commission on Children and Disasters
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2008
Title I--Department of State and Related Agencies
Title II--Export and Investment Assistance
Title III--Bilateral Economic Assistance
Title IV--Military Assistance
Title V--Multilateral Economic Assistance
Title VI--General Provisions
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding the consolidated
appropriations amendment of the House of Representatives to the
amendment of the Senate to H.R. 2764, printed in the House
section of the Congressional Record on or about December 17,
2007 by the Chairman of the Committee on Appropriations of the
House, shall have the same effect with respect to the
allocation of funds and implementation of divisions A through K
of this Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. EMERGENCY DESIGNATIONS.
Any designation in any division of this Act referring to this
section is a designation of an amount as an emergency
requirement and necessary to meet emergency needs pursuant to
subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for
fiscal year 2008.
SEC. 6. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2008.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,097,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist,
including economic analysis, risk assessment, cost-benefit
analysis, energy and new uses, and the functions of the World
Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), $10,487,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division,
$14,466,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $8,270,000.
HOMELAND SECURITY STAFF
For necessary expenses of the Homeland Security Staff,
$931,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $16,361,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,850,000: Provided, That no funds made available by
this appropriation may be obligated for FAIR Act or Circular A-
76 activities until the Secretary has submitted to the
Committees on Appropriations of both Houses of Congress and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the Department's contracting out
policies, including agency budgets for contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $854,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$20,496,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant
Secretary for Administration, $673,000.
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 486,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $196,252,000, to remain
available until expended, of which $156,590,000 shall be
available for payments to the General Services Administration
for rent and the Department of Homeland Security for building
security: Provided, That amounts which are made available for
space rental and related costs for the Department of
Agriculture in this Act may be transferred between such
appropriations to cover the costs of additional, new, or
replacement space 15 days after notice thereof is transmitted
to the Appropriations Committees of both Houses of Congress.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $4,886,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.
Departmental Administration
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $23,144,000, to provide for
necessary expenses for management support services to offices
of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the
practical and efficient work of the Department: Provided, That
this appropriation shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the
holding of hearings as required by 5 U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs
funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,795,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no funds made available by this appropriation may
be obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of
these funds by USDA agency: Provided further, That no other
funds appropriated to the Department by this Act shall be
available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses of the Office of Communications to
carry out services relating to the coordination of programs
involving public affairs, for the dissemination of agricultural
information, and the coordination of information, work, and
programs authorized by Congress in the Department, $9,338,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $80,052,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and
private persons pursuant to section 6(a)(9) of the Inspector
General Act of 1978, and including not to exceed $125,000 for
certain confidential operational expenses, including the
payment of informants, to be expended under the direction of
the Inspector General pursuant to Public Law 95-452 and section
1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$39,227,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the
National Agricultural Statistics Service, the Agricultural
Research Service, and the Cooperative State Research,
Education, and Extension Service, $596,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, $77,943,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, $163,355,000, of which up to $52,351,000 shall be
available until expended for the Census of Agriculture.
Agricultural Research Service
SALARIES AND EXPENSES
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,128,944,000: Provided,
That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the
cost of constructing any one building shall not exceed
$375,000, except for headhouses or greenhouses which shall each
be limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000 each,
and the cost of altering any one building during the fiscal
year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained
in this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by
law: Provided further, That hereafter none of the funds
appropriated under this heading shall be available to carry out
research related to the production, processing, or marketing of
tobacco or tobacco products.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural research
programs of the Department of Agriculture, where not otherwise
provided, $47,082,000, to remain available until expended.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $672,997,000, as follows: to carry out the
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$197,192,000; for grants for cooperative forestry research (16
U.S.C. 582a through a-7), $24,966,000; for payments to eligible
institutions (7 U.S.C. 3222), $41,340,000, provided that each
institution receives no less than $1,000,000; for special
grants for agricultural research (7 U.S.C. 450i(c)),
$92,422,000, of which $2,095,000 shall be for grants pursuant
to 7 U.S.C. 3155; for competitive grants for agricultural
research on improved pest control (7 U.S.C. 450i(c)),
$15,421,000; for competitive research grants (7 U.S.C.
450i(b)), $192,229,000; for the support of animal health and
disease programs (7 U.S.C. 3195), $5,006,000; for supplemental
and alternative crops and products (7 U.S.C. 3319d), $825,000;
for grants for research pursuant to the Critical Agricultural
Materials Act (7 U.S.C. 178 et seq.), $1,091,000, to remain
available until expended; for the 1994 research grants program
for 1994 institutions pursuant to section 536 of Public Law
103-382 (7 U.S.C. 301 note), $1,544,000, to remain available
until expended; for rangeland research grants (7 U.S.C. 3333),
$990,000; for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), $3,701,000, to remain available until
expended (7 U.S.C. 2209b); for a program pursuant to section
1415A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3151a), $875,000, to
remain available until expended; for higher education challenge
grants (7 U.S.C. 3152(b)(1)), $5,423,000; for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)),
$988,000, to remain available until expended (7 U.S.C. 2209b);
for an education grants program for Hispanic-serving
Institutions (7 U.S.C. 3241), $6,089,000; for competitive
grants for the purpose of carrying out all provisions of 7
U.S.C. 3242 (section 759 of Public Law 106-78) to individual
eligible institutions or consortia of eligible institutions in
Alaska and in Hawaii, with funds awarded equally to each of the
States of Alaska and Hawaii, $3,218,000; for a secondary
agriculture education program and 2-year post-secondary
education (7 U.S.C. 3152(j)), $990,000; for aquaculture grants
(7 U.S.C. 3322), $3,956,000; for sustainable agriculture
research and education (7 U.S.C. 5811), $14,500,000; for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to
institutions eligible to receive funds under 7 U.S.C. 3221 and
3222, $13,688,000, to remain available until expended (7 U.S.C.
2209b); for payments to the 1994 Institutions pursuant to
section 534(a)(1) of Public Law 103-382, $3,342,000; for
resident instruction grants for insular areas under section
1491 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3363), $750,000; and for
necessary expenses of Research and Education Activities,
$42,451,000, of which $2,723,000 for the Research, Education,
and Economics Information System and $2,151,000 for the
Electronic Grants Information System, are to remain available
until expended: Provided, That hereafter none of the funds
appropriated under this heading shall be available to carry out
research related to the production, processing, or marketing of
tobacco or tobacco products: Provided further, That hereafter
this paragraph shall not apply to research on the medical,
biotechnological, food, and industrial uses of tobacco.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas,
and American Samoa, $456,460,000, as follows: payments for
cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under
section 208(c) of Public Law 93-471, for retirement and
employees' compensation costs for extension agents,
$276,596,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,321,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$66,019,000; payments for the pest management program under
section 3(d) of the Act, $9,860,000; payments for the farm
safety program under section 3(d) of the Act, $4,759,000;
payments for New Technologies for Ag Extension under Section
3(d) of the Act, $1,485,000; payments to upgrade research,
extension, and teaching facilities at institutions eligible to
receive funds under 7 U.S.C. 3221 and 3222, $17,389,000, to
remain available until expended; payments for youth-at-risk
programs under section 3(d) of the Smith-Lever Act, $8,024,000;
for youth farm safety education and certification extension
grants, to be awarded competitively under section 3(d) of the
Act, $467,000; payments for carrying out the provisions of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et
seq.), $4,036,000; payments for the federally-recognized Tribes
Extension Program under section 3(d) of the Smith-Lever Act,
$3,000,000; payments for sustainable agriculture programs under
section 3(d) of the Act, $4,600,000; payments for rural health
and safety education as authorized by section 502(i) of Public
Law 92-419 (7 U.S.C. 2662(i)), $1,750,000; payments for
cooperative extension work by eligible institutions (7 U.S.C.
3221), $36,103,000, provided that each institution receives no
less than $1,000,000; for grants to youth organizations
pursuant to section 7630 of title 7, United States Code,
$1,750,000; and for necessary expenses of Extension Activities,
$17,301,000.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs, including necessary administrative expenses,
$56,244,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$42,286,000, including $12,738,000 for the water quality
program, $14,699,000 for the food safety program, $4,125,000
for the regional pest management centers program, $4,419,000
for the Food Quality Protection Act risk mitigation program for
major food crop systems, $1,375,000 for the crops affected by
Food Quality Protection Act implementation, $3,075,000 for the
methyl bromide transition program, and $1,855,000 for the
organic transition program; for a competitive international
science and education grants program authorized under section
1459A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $2,000,000; for grants programs
authorized under section 2(c)(1)(B) of Public Law 89-106, as
amended, $737,000, to remain available until September 30,
2009, for the critical issues program; $1,321,000 for the
regional rural development centers program; and $9,900,000 for
the Food and Agriculture Defense Initiative authorized under
section 1484 of the National Agricultural Research, Extension,
and Teaching Act of 1977, to remain available until September
30, 2009.
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $6,440,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant
Health Inspection Service; the Agricultural Marketing Service;
and the Grain Inspection, Packers and Stockyards
Administration; $721,000.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, including up to $30,000 for representation allowances and
for expenses pursuant to the Foreign Service Act of 1980 (22
U.S.C. 4085), $873,754,000, of which $1,000,000 shall be
available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds to the extent necessary to meet emergency conditions; of
which $37,269,000 shall be used for the cotton pests program
for cost share purposes or for debt retirement for active
eradication zones; of which $9,750,000 shall be available for a
National Animal Identification program; of which $51,725,000
shall be used to conduct a surveillance and preparedness
program for highly pathogenic avian influenza: Provided, That
no funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not
require minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available
for the operation and maintenance of aircraft and the purchase
of not to exceed four, of which two shall be for replacement
only: Provided further, That, in addition, in emergencies which
threaten any segment of the agricultural production industry of
this country, the Secretary may transfer from other
appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with such
transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250)
for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
In fiscal year 2008, the agency is authorized to collect fees
to cover the total costs of providing technical assistance,
goods, or services requested by States, other political
subdivisions, domestic and international organizations, foreign
governments, or individuals, provided that such fees are
structured such that any entity's liability for such fees is
reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees
shall be credited to this account, to remain available until
expended, without further appropriation, for providing such
assistance, goods, or services.
Agricultural Marketing Service
MARKETING SERVICES
For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by law,
and for administration and coordination of payments to States,
$76,862,000, including funds for the wholesale market
development program for the design and development of wholesale
and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $61,233,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, including not less than $10,000,000 for replacement
of a system to support commodity purchases, except for: (1)
transfers to the Department of Commerce as authorized by the
Fish and Wildlife Act of August 8, 1956; (2) transfers
otherwise provided in this Act; and (3) not more than
$16,798,000 for formulation and administration of marketing
agreements and orders pursuant to the Agricultural Marketing
Agreement Act of 1937 and the Agricultural Act of 1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $11,709,000, of which not less
than $1,875,000 shall be used to make a grant under this
heading: Provided, That of the amount provided under this
heading, $8,500,000, to remain available until expended, is for
specialty crop block grants authorized under section 101 of the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-
465; 7 U.S.C. 1621 note), of which not to exceed five percent
may be available for administrative expenses.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures used
to protect purchasers of farm products, and the standardization
activities related to grain under the Agricultural Marketing
Act of 1946, $38,785,000: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety to administer the laws enacted by the Congress
for the Food Safety and Inspection Service, $600,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $50,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $930,120,000, of which no less than
$829,807,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this
account from fees collected for the cost of laboratory
accreditation as authorized by section 1327 of the Food,
Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That no fewer than 83 full time equivalent
positions above the fiscal year 2002 level shall be employed
during fiscal year 2008 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of
Slaughter Act: Provided further, That of the amount available
under this heading, $3,000,000 shall be obligated to maintain
the Humane Animal Tracking System as part of the Public Health
Data Communication Infrastructure System: Provided further,
That not to exceed $650,000 is for construction of a laboratory
sample receiving facility: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the
Foreign Agricultural Service, the Risk Management Agency, and
the Commodity Credit Corporation, $632,000.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $1,134,045,000: Provided, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to make
program payments for all programs administered by the Agency:
Provided further, That other funds made available to the Agency
for authorized activities may be advanced to and merged with
this account: Provided further, That none of the funds made
available by this Act may be used to pay the salary or expenses
of any officer or employee of the Department of Agriculture to
close or relocate any county or field office of the Farm
Service Agency (other than a county or field office that had
zero employees as of February 7, 2007), or to develop, submit,
consider, or approve any plan for any such closure or
relocation before enactment of an omnibus authorization law to
provide for the continuation of agricultural programs for
fiscal years after 2007.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$4,400,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security
Act of 1985 (16 U.S.C. 3839bb-2), $3,713,000, to remain
available until expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, $100,000, to remain available until
expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program
described in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387, 114 Stat. 1549A-12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition
loans (25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989),
to be available from funds in the Agricultural Credit Insurance
Fund, as follows: farm ownership loans, $1,471,257,000, of
which $1,247,400,000 shall be for unsubsidized guaranteed loans
and $223,857,000 shall be for direct loans; operating loans,
$1,875,686,000, of which $1,024,650,000 shall be for
unsubsidized guaranteed loans, $271,886,000 shall be for
subsidized guaranteed loans and $579,150,000 shall be for
direct loans; Indian tribe land acquisition loans, $3,960,000;
and for boll weevil eradication program loans, $100,000,000:
Provided, That the Secretary shall deem the pink bollworm to be
a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $14,952,000, of which $4,990,000 shall be for
unsubsidized guaranteed loans, and $9,962,000 shall be for
direct loans; operating loans, $134,561,000, of which
$24,797,000 shall be for unsubsidized guaranteed loans,
$36,270,000 shall be for subsidized guaranteed loans, and
$73,494,000 shall be for direct loans; and Indian tribe land
acquisition loans, $125,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $311,229,000, of
which $303,309,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $76,658,000: Provided, That not
more than $11,166,000 of the funds made available under section
522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) may
be used for program compliance and integrity purposes,
including the data mining project, and for the Common
Information Management System: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in
accord with law, and to make contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act as may be necessary in
carrying out the programs set forth in the budget for the
current fiscal year for such corporation or agency, except as
hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):
Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i) for the conduct of its
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation
and cleanup expenses, and operations and maintenance expenses
to comply with the requirement of section 107(g) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9607(g)), and section 6001 of the
Resource Conservation and Recovery Act (42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural
Resources Conservation Service, $742,000.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may be
necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of
conservation plant materials centers; classification and
mapping of soil; dissemination of information; acquisition of
lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a
nominal cost not to exceed $100 pursuant to the Act of August
3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or
improvement of permanent and temporary buildings; and operation
and maintenance of aircraft, $840,326,000, to remain available
until September 30, 2009: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected on
non-Federal land, that the right to use such land is obtained
as provided in 7 U.S.C. 2250a: Provided further, That this
appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section
202(c) of title II of the Colorado River Basin Salinity Control
Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
qualified local engineers may be temporarily employed at per
diem rates to perform the technical planning work of the
Service.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations,
methods of cultivation, the growing of vegetation,
rehabilitation of existing works and changes in use of land, in
accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001-1005 and 1007-1009), the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance
with the provisions of laws relating to the activities of the
Department, $30,000,000, to remain available until expended:
Provided, That not to exceed $15,500,000 of this appropriation
shall be available for technical assistance.
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012),
and in accordance with the provisions of laws relating to the
activities of the Department, $20,000,000, to remain available
until expended.
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out projects
for resource conservation and development and for sound land
use pursuant to the provisions of sections 31 and 32 of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76 Stat.
607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and
subtitle H of title XV of the Agriculture and Food Act of 1981
(16 U.S.C. 3451-3461), $51,088,000, to remain available until
expended: Provided, That not to exceed $3,073,000 shall be
available for national headquarters activities.
HEALTHY FORESTS RESERVE PROGRAM
For necessary expenses to carry out the Healthy Forests
Reserve Program authorized under title V of Public Law 108-148
(16 U.S.C. 6571-6578), $2,000,000, to remain available until
expended.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the Rural
Utilities Service, $632,000.
Rural Development Salaries and Expenses
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the
development and operation of agricultural cooperatives; and for
cooperative agreements; $169,998,000: Provided, That
notwithstanding any other provision of law, funds appropriated
under this section may be used for advertising and promotional
activities that support the Rural Development mission area:
Provided further, That not more than $10,000 may be expended to
provide modest nonmonetary awards to non-USDA employees:
Provided further, That any balances available from prior years
for the Rural Utilities Service, Rural Housing Service, and the
Rural Business-Cooperative Service salaries and expenses
accounts shall be transferred to and merged with this
appropriation.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $5,349,391,000 for loans to section 502
borrowers, of which $1,129,391,000 shall be for direct loans,
and of which $4,220,000,000 shall be for unsubsidized
guaranteed loans; $34,652,000 for section 504 housing repair
loans; $70,000,000 for section 515 rental housing; $130,000,000
for section 538 guaranteed multi-family housing loans;
$5,045,000 for section 524 site loans; $11,485,000 for credit
sales of acquired property, of which up to $1,485,000 may be
for multi-family credit sales; and $5,000,000 for section 523
self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $156,224,000, of which $105,824,000 shall be for direct
loans, and of which $50,400,000, to remain available until
expended, shall be for unsubsidized guaranteed loans; section
504 housing repair loans, $9,796,000; repair, rehabilitation,
and new construction of section 515 rental housing,
$29,827,000; section 538 multi-family housing guaranteed loans,
$12,220,000; credit sales of acquired property, $552,000; and
section 523 self-help housing and development loans, $142,000:
Provided, That of the total amount appropriated in this
paragraph, $2,500,000 shall be available through June 30, 2008,
for authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones: Provided further, That any
funds under this paragraph initially allocated by the Secretary
for housing projects in the State of Alaska that are not
obligated by September 30, 2008, shall be carried over until
September 30, 2009, and made available for such housing
projects only in the State of Alaska: Provided further, That
any unobligated balances for a demonstration program for the
preservation and revitalization of the section 515 multi-family
rental housing properties as authorized by Public Law 109-97
shall be transferred to and merged with the ``Rural Housing
Service, Multi-family Housing Revitalization Program Account''.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $452,927,000,
which shall be transferred to and merged with the appropriation
for ``Rural Development, Salaries and Expenses''.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of
the Housing Act of 1949, $482,090,000, to remain available
through September 30, 2009; and, in addition, such sums as may
be necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry out
the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount, up to $6,000,000 shall be
available for debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the Act,
and not to exceed $50,000 per project for advances to nonprofit
organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant
to section 502(c)(5)(C) of the Act: Provided further, That
agreements entered into or renewed during the current fiscal
year shall be funded for a one-year period: Provided further,
That any unexpended balances remaining at the end of such one-
year agreements may be transferred and used for the purposes of
any debt reduction; maintenance, repair, or rehabilitation of
any existing projects; preservation; and rental assistance
activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2008 for a farm labor multi-
family housing project financed under section 514 or 516 of the
Act may not be recaptured for use in another project until such
assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking
such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the
extent practicable, be applied to another farm labor multi-
family housing project financed under section 514 or 516 of the
Act.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, for the cost to conduct a
housing demonstration program to provide revolving loans for
the preservation of low-income multi-family housing projects,
and for additional costs to conduct a demonstration program for
the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $28,000,000, to
remain available until expended: Provided, That of the funds
made available under this heading, $5,000,000 shall be
available for rural housing vouchers to any low-income
household (including those not receiving rental assistance)
residing in a property financed with a section 515 loan which
has been prepaid after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made
available for such vouchers shall be subject to the
availability of annual appropriations: Provided further, That
the Secretary shall, to the maximum extent practicable,
administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of
Housing and Urban Development (including the ability to pay
administrative costs related to delivery of the voucher funds):
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for
the demonstration programs for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $3,000,000 shall be
available for the cost of loans to private non-profit
organizations, or such non-profit organizations' affiliate loan
funds and State and local housing finance agencies, to carry
out a housing demonstration program to provide revolving loans
for the preservation of low-income multi-family housing
projects: Provided further, That loans under such demonstration
program shall have an interest rate of not more than 1 percent
direct loan to the recipient: Provided further, That the
Secretary may defer the interest and principal payment to the
Rural Housing Service for up to 3 years and the term of such
loans shall not exceed 30 years: Provided further, That of the
funds made available under this heading, $20,000,000 shall be
available for a demonstration program for the preservation and
revitalization of the section 514, 515, and 516 multi-family
rental housing properties to restructure existing USDA multi-
family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has
sufficient resources to preserve the project for the purpose of
providing safe and affordable housing for low-income residents
and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or
reamortizing loan debt; and other financial assistance
including advances and incentives required by the Secretary:
Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided
further, That if Congress enacts legislation to permanently
authorize a section 515 multi-family rental housing loan
restructuring program similar to the demonstration program
described herein, the Secretary may use funds made available
for the demonstration program under this heading to carry out
such legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $39,000,000, to
remain available until expended: Provided, That of the total
amount appropriated, $1,000,000 shall be available through June
30, 2008, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
RURAL HOUSING ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for
construction defects, and rural housing preservation made by
the Rural Housing Service, as authorized by 42 U.S.C. 1474,
1479(c), 1490e, and 1490m, $39,000,000, to remain available
until expended: Provided, That of the total amount
appropriated, $1,200,000 shall be available through June 30,
2008, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones: Provided
further, That any balances to carry out a housing demonstration
program to provide revolving loans for the preservation of low-
income multi-family housing projects as authorized in Public
Law 108-447 and Public Law 109-97 shall be transferred to and
merged with the ``Rural Housing Service, Multi-family Housing
Revitalization Program Account''.
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $22,000,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants for
rural community facilities programs as authorized by section
306 and described in section 381E(d)(1) of the Consolidated
Farm and Rural Development Act, $68,952,000, to remain
available until expended: Provided, That $6,300,000 of the
amount appropriated under this heading shall be available for a
Rural Community Development Initiative: Provided further, That
such funds shall be used solely to develop the capacity and
ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes to
undertake projects to improve housing, community facilities,
community and economic development projects in rural areas:
Provided further, That such funds shall be made available to
qualified private, nonprofit and public intermediary
organizations proposing to carry out a program of financial and
technical assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That
$14,000,000 of the amount appropriated under this heading shall
be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law
106-387), with up to 5 percent for administration and capacity
building in the State rural development offices: Provided
further, That $4,000,000 of the amount appropriated under this
heading shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of such
Act: Provided further, That not to exceed $1,000,000 of the
amount appropriated under this heading shall be available
through June 30, 2008, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones for the rural community programs described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That section 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading: Provided
further, That any prior balances in the Rural Development,
Rural Community Advancement Program account for programs
authorized by section 306 and described in section 381E(d)(1)
of such Act be transferred and merged with this account and any
other prior balances from the Rural Development, Rural
Community Advancement Program account that the Secretary
determines is appropriate to transfer.
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants,
for the rural business development programs authorized by
sections 306 and 310B and described in section 310B(f) and
381E(d)(3) of the Consolidated Farm and Rural Development Act,
$87,700,000, to remain available until expended: Provided, That
of the amount appropriated under this heading, not to exceed
$500,000 shall be made available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development and
$3,000,000 shall be for grants to the Delta Regional Authority
(7 U.S.C. 1921 et seq.) for any Rural Community Advancement
Program purpose as described in section 381E(d) of the
Consolidated Farm and Rural Development Act, of which not more
than 5 percent may be used for administrative expenses:
Provided further, That $4,000,000 of the amount appropriated
under this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide
technical assistance for rural transportation in order to
promote economic development: Provided further, That not to
exceed $8,300,000 of the amount appropriated under this heading
shall be available through June 30, 2008, for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones for the rural business and cooperative
development programs described in section 381E(d)(3) of the
Consolidated Farm and Rural Development Act: Provided further,
That section 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to funds made available
under this heading: Provided further, That any prior balances
in the Rural Development, Rural Community Advancement Program
account for programs authorized by sections 306 and 310B and
described in section 310B(f) and 381E(d)(3) of such Act be
transferred and merged with this account and any other prior
balances from the Rural Development, Rural Community
Advancement Program account that the Secretary determines is
appropriate to transfer.
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$33,772,000.
For the cost of direct loans, $14,485,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be available through June 30, 2008, for
Federally Recognized Native American Tribes and of which
$3,449,000 shall be available through June 30, 2008, for
Mississippi Delta Region counties (as determined in accordance
with Public Law 100-460): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That of the total amount appropriated, $880,000 shall
be available through June 30, 2008, for the cost of direct
loans for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,774,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose
of promoting rural economic development and job creation
projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $34,000,000 shall not be obligated
and $34,000,000 are rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $28,023,000, of which $495,000 shall be
for a cooperative research agreement with a qualified academic
institution to conduct research on the national economic impact
of all types of cooperatives; and of which $2,600,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$1,473,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to
small, minority producers and whose governing board and/or
membership is comprised of at least 75 percent minority; and of
which $19,000,000, to remain available until expended, shall be
for value-added agricultural product market development grants,
as authorized by section 6401 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1621 note).
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
For grants in connection with empowerment zones and
enterprise communities, $8,187,000, to remain available until
expended, for designated rural empowerment zones and rural
enterprise communities, as authorized by the Taxpayer Relief
Act of 1997 and the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277):
Provided, That the funds provided under this paragraph shall be
made available to empowerment zones and enterprise communities
in a manner and with the same priorities such funds were made
available during the 2007 fiscal year.
RENEWABLE ENERGY PROGRAM
For the cost of a program of direct loans, loan guarantees,
and grants, under the same terms and conditions as authorized
by section 9006 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8106), $36,000,000: Provided, That the cost
of direct loans and loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants for
the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C,
306D, and 310B and described in sections 306C(a)(2), 306D, and
381E(d)(2) of the Consolidated Farm and Rural Development Act,
$562,565,000, to remain available until expended, of which not
to exceed $500,000 shall be available for the rural utilities
program described in section 306(a)(2)(B) of such Act, and of
which not to exceed $1,000,000 shall be available for the rural
utilities program described in section 306E of such Act:
Provided, That $65,000,000 of the amount appropriated under
this heading shall be for water and waste disposal systems
grants authorized by 306C(a)(2)(B) and 306D of the Consolidated
Farm and Rural Development Act and Native Americans authorized
by 306C(a)(1): Provided further, That the Secretary shall
allocate the funds described in the previous proviso in a
manner consistent with the historical allocation for such
populations under these authorities: Provided further, That not
to exceed $18,500,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of such
Act, unless the Secretary makes a determination of extreme
need, of which $5,600,000 shall be made available for a grant
to a qualified non-profit multi-state regional technical
assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and
waste water systems, and of which not less than $800,000 shall
be for a qualified national Native American organization to
provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $13,750,000
of the amount appropriated under this heading shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That not to exceed $12,700,000 of
the amount appropriated under this heading shall be available
through June 30, 2008, for authorized empowerment zones and
enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership
Zones for the rural utilities programs described in section
381E(d)(2) of such Act: Provided further, That $20,000,000 of
the amount appropriated under this heading shall be transferred
to, and merged with, the Rural Utilities Service, High Energy
Cost Grants Account to provide grants authorized under section
19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That any prior year balances for high cost
energy grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
transferred to and merged with the Rural Utilities Service,
High Energy Costs Grants Account: Provided further, That
section 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available
under this heading: Provided further, That any prior balances
in the Rural Development, Rural Community Advancement Program
account programs authorized by sections 306, 306A, 306C, 306D,
and 310B and described in sections 306C(a)(2), 306D, and
381E(d)(2) of such Act be transferred and merged with this
account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of direct and guaranteed loans as
authorized by section 305 of the Rural Electrification Act of
1936 (7 U.S.C. 935) shall be made as follows: 5 percent rural
electrification loans, $100,000,000; loans made pursuant to
section 306 of that Act, rural electric, $6,500,000,000;
guaranteed underwriting loans pursuant to section 313A,
$500,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$250,000,000; and for loans made pursuant to section 306 of
that Act, rural telecommunications loans, $295,000,000.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of
direct and guaranteed loans authorized by sections 305 and 306
of the Rural Electrification Act of 1936 (7 U.S.C. 935 and
936), as follows: cost of rural electric loans, $120,000, and
the cost of telecommunications loans, $3,620,000: Provided,
That notwithstanding section 305(d)(2) of the Rural
Electrification Act of 1936, borrower interest rates may exceed
7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,623,000 which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of broadband telecommunication
loans, $300,000,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$35,000,000, to remain available until expended: Provided, That
$5,000,000 shall be made available to convert analog to digital
operation those noncommercial educational television broadcast
stations that serve rural areas and are qualified for Community
Service Grants by the Corporation for Public Broadcasting under
section 396(k) of the Communications Act of 1934, including
associated translators and repeaters, regardless of the
location of their main transmitter, studio-to-transmitter
links, and equipment to allow local control over digital
content and programming through the use of high-definition
broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $6,450,000, to remain available until expended:
Provided, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, $13,500,000, to remain available until expended,
for a grant program to finance broadband transmission in rural
areas eligible for Distance Learning and Telemedicine Program
benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition
Service, $597,000.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), except sections 17 and 21; $13,901,513,000, to remain
available through September 30, 2009, of which $7,647,965,000
is hereby appropriated and $6,253,548,000 shall be derived by
transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That up to
$5,505,000 shall be available for independent verification of
school food service claims.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), $6,020,000,000, to
remain available through September 30, 2009, of which such sums
as are necessary to restore the contingency reserve to
$150,000,000 shall be placed in reserve, to remain available
until expended, to be allocated as the Secretary deems
necessary, notwithstanding section 17(i) of such Act, to
support participation should cost or participation exceed
budget estimates: Provided, That of the total amount available,
the Secretary shall obligate not less than $15,000,000 for a
breastfeeding support initiative in addition to the activities
specified in section 17(h)(3)(A): Provided further, That only
the provisions of section 17(h)(10)(B)(i) and section
17(h)(10)(B)(ii) shall be effective in 2008; including
$14,000,000 for the purposes specified in section
17(h)(10)(B)(i) and $30,000,000 for the purposes specified in
section 17(h)(10)(B)(ii): Provided further, That funds made
available for the purposes specified in section
17(h)(10)(B)(ii) shall only be made available upon
determination by the Secretary that funds are available to meet
caseload requirements without the use of the contingency
reserve funds after the date of enactment of this Act: Provided
further, That none of the funds in this Act shall be available
to pay administrative expenses of WIC clinics except those that
have an announced policy of prohibiting smoking within the
space used to carry out the program: Provided further, That
none of the funds provided in this account shall be available
for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements
specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities
that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of such
Act: Provided further, That of the amount provided under this
paragraph, $400,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act).
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $39,782,723,000, of which $3,000,000,000
to remain available through September 30, 2009, shall be placed
in reserve for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided,
That funds provided herein shall be expended in accordance with
section 16 of the Food Stamp Act: Provided further, That this
appropriation shall be subject to any work registration or
workfare requirements as may be required by law: Provided
further, That funds made available for Employment and Training
under this heading shall remain available until expended, as
authorized by section 16(h)(1) of the Food Stamp Act: Provided
further, That notwithstanding section 5(d) of the Food Stamp
Act of 1977, any additional payment received under chapter 5 of
title 37, United States Code, by a member of the United States
Armed Forces deployed to a designated combat zone shall be
excluded from household income for the duration of the member's
deployment if the additional pay is the result of deployment to
or while serving in a combat zone, and it was not received
immediately prior to serving in the combat zone: Provided
further, That funds made available under this heading may be
used to enter into contracts and employ staff to conduct
studies, evaluations, or to conduct activities related to food
stamp program integrity provided that such activities are
authorized by the Food Stamp Act.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; special assistance for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $211,770,000, to
remain available through September 30, 2009: Provided, That
none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the
program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal
year 2008 to support the Seniors Farmers' Market Nutrition
Program (SFMNP), such funds shall remain available through
September 30, 2009: Provided further, That no funds available
for SFMNP shall be used to pay State or local sales taxes on
food purchased with SFMNP coupons or checks: Provided further,
That the value of assistance provided by the SFMNP shall not be
considered income or resources for any purposes under any
Federal, State or local laws related to taxation, welfare and
public assistance programs: Provided further, That of the funds
made available under section 27(a) of the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.), the Secretary may use up to
$10,000,000 for costs associated with the distribution of
commodities.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and
Nutrition Service, $142,727,000, of which $2,475,000 is for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships, through the Congressional Hunger Center.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761-1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate
activities of the Department in connection with foreign
agricultural work, including not to exceed $158,000 for
representation allowances and for expenses pursuant to section
8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$159,470,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United States
Agency for International Development: Provided further, That
funds made available for the cost of agreements under title I
of the Agricultural Trade Development and Assistance Act of
1954 and for title I ocean freight differential may be used
interchangeably between the two accounts with prior notice to
the Committees on Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the credit program
of title I, Public Law 83-480 and the Food for Progress Act of
1985, $2,680,000, to be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
PUBLIC LAW 480 TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development and
Assistance Act of 1954, for commodities supplied in connection
with dispositions abroad under title II of said Act,
$1,219,400,000, to remain available until expended.
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$5,328,000; to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of
which $4,985,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $343,000 may be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1736o-1), $100,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to
reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $2,247,961,000: Provided, That of the amount provided
under this heading, $459,412,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h shall
be credited to this account and remain available until
expended, and shall not include any fees pursuant to 21 U.S.C.
379h(a)(2) and (a)(3) assessed for fiscal year 2009 but
collected in fiscal year 2008; $48,431,000 shall be derived
from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until
expended; and $13,696,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j, and shall be credited
to this account and remain available until expended: Provided
further, That fees derived from prescription drug, medical
device, and animal drug assessments received during fiscal year
2008, including any such fees assessed prior to the current
fiscal year but credited during the current year, shall be
subject to the fiscal year 2008 limitation: Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount appropriated:
(1) $513,461,000 shall be for the Center for Food Safety and
Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $682,759,000 shall be for the Center
for Drug Evaluation and Research and related field activities
in the Office of Regulatory Affairs, of which no less than
$41,900,000 shall be available for the Office of Generic Drugs;
(3) $236,985,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the
Office of Regulatory Affairs; (4) $109,244,000 shall be for the
Center for Veterinary Medicine and for related field activities
in the Office of Regulatory Affairs; (5) $267,284,000 shall be
for the Center for Devices and Radiological Health and for
related field activities in the Office of Regulatory Affairs;
(6) $44,316,000 shall be for the National Center for
Toxicological Research; (7) not to exceed $99,922,000 shall be
for Rent and Related activities, of which $38,808,000 is for
White Oak Consolidation, other than the amounts paid to the
General Services Administration for rent; (8) not to exceed
$160,094,000 shall be for payments to the General Services
Administration for rent; and (9) $133,896,000 shall be for
other activities, including the Office of the Commissioner; the
Office of Scientific and Medical Programs; the Office of
Policy, Planning and Preparedness; the Office of International
and Special Programs; the Office of Operations; and central
services for these offices: Provided further, That of the
amounts made available under this heading, $28,000,000 for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs shall be
available from July 1, 2008, to September 30, 2009, for
implementation of a comprehensive food safety performance plan:
Provided further, That none of the funds made available under
this heading shall be used to transfer funds under section
770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd): Provided further, That funds may be transferred from
one specified activity to another with the prior approval of
the Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available until
expended.
In addition, export certification user fees authorized by 21
U.S.C. 381 may be credited to this account, to remain available
until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or
used by the Food and Drug Administration, where not otherwise
provided, $2,450,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $112,050,000, including not to exceed
$3,000 for official reception and representation expenses.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $46,000,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically
provided for, of not to exceed 182 passenger motor vehicles, of
which 142 shall be for replacement only, and for the hire of
such vehicles.
Sec. 702. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, cotton pests program, avian influenza
programs, grasshopper program, up to $9,750,000 in animal
health monitoring and surveillance for the animal
identification system, up to $1,500,000 in the scrapie program
for indemnities, up to $3,000,000 in the emergency management
systems program for the vaccine bank, up to $1,000,000 for
wildlife services methods development, up to $1,000,000 of the
wildlife services operations program for aviation safety, and
up to 25 percent of the screwworm program; Food Safety and
Inspection Service, Public Health Data Communication
Infrastructure System; Cooperative State Research, Education,
and Extension Service, funds for competitive research grants (7
U.S.C. 450i(b)), funds for the Research, Education, and
Economics Information System, and funds for the Native American
Institutions Endowment Fund; Farm Service Agency, salaries and
expenses funds made available to county committees; Foreign
Agricultural Service, middle-income country training program,
and up to $2,000,000 of the Foreign Agricultural Service
appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to
documentation by the Foreign Agricultural Service.
Sec. 703. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary balances
of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary
for the financial management modernization initiative and the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without the prior approval of the Committees on Appropriations
of both Houses of Congress: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to make any changes to the
Department's National Finance Center without prior approval of
the Committees on Appropriations of both Houses of Congress as
required by section 713 of this Act.
Sec. 704. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 705. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 706. None of the funds in this Act shall be available to
pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service
that exceed 20 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for
grants awarded competitively by the Cooperative State Research,
Education, and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 707. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to
disburse obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Electrification and Telecommunication Loans
program account, and the Rural Housing Insurance Fund program
account.
Sec. 708. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 709. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 710. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual's employing agency or office
is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of
assignment.
Sec. 711. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and Drug
Administration shall be used to transmit or otherwise make
available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or
responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 712. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new
information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds available to the
Department of Agriculture for information technology shall be
obligated for projects over $25,000 prior to receipt of written
approval by the Chief Information Officer.
Sec. 713. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of both Houses
of Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, which-ever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations of both
Houses of Congress are notified 15 days in advance of such
reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing a
program or activity not carried out during the previous fiscal
year unless the program or activity is funded by this Act or
specifically funded by any other Act.
Sec. 714. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President's Budget submission to the Congress of the United
States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior
to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2009 appropriations Act.
Sec. 715. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial
and technical assistance--
(1) from funds available for the Watershed and Flood
Prevention Operations program for the Pocasset River
Floodplain Management Project in the State of Rhode
Island;
(2) through the Watershed and Flood Prevention
Operations program to carry out the East Locust Creek
Watershed Plan Revision in Missouri, including up to
100 percent of the engineering assistance and 75
percent cost share for construction cost of site RW1;
(3) through the Watershed Flood Prevention Operations
program to carry out the Little Otter Creek Watershed
project. The sponsoring local organization may obtain
land rights by perpetual easements; and
(4) through the Watershed and Flood Prevention
Operations program to the McDowell Grove Dam Flood
Plain/Wetlands Restoration Project in DuPage County,
Illinois.
Sec. 716. None of the funds made available by this or any
other Act may be used to close or relocate a Rural Development
office unless or until the Secretary of Agriculture determines
the cost effectiveness and/or enhancement of program delivery:
Provided, That not later than 60 days before the date of the
proposed closure or relocation, the Secretary notifies the
Committees on Appropriation of the House and Senate, and the
members of Congress from the State in which the office is
located of the proposed closure or relocation and provides a
report that describes the justifications for such closures and
relocations.
Sec. 717. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 718. Notwithstanding any other provision of law, of the
funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 26
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 719. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out an
environmental quality incentives program authorized by chapter
4 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3839aa et seq.) in excess of $1,000,000,000.
Sec. 720. None of the funds made available in fiscal year
2008 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used
to reimburse the Commodity Credit Corporation for the release
of eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 721. No funds shall be used to pay salaries and expenses
of the Department of Agriculture to carry out or administer the
program authorized by section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 722. Notwithstanding subsections (c) and (e)(2) of
section 313A of the Rural Electrification Act (7 U.S.C. 940c(c)
and (e)(2)) in implementing section 313A of that Act, the
Secretary shall, with the consent of the lender, structure the
schedule for payment of the annual fee, not to exceed an
average of 30 basis points per year for the term of the loan,
to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 723. None of the funds made available by this Act may be
used to issue a final rule in furtherance of, or otherwise
implement, the proposed rule on cost-sharing for animal and
plant health emergency programs of the Animal and Plant Health
Inspection Service published on July 8, 2003 (Docket No. 02-
062-1; 68 Fed. Reg. 40541).
Sec. 724. There is hereby appropriated $437,000, to remain
available until expended, for the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to
contaminate rural drinking water supplies.
Sec. 725. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year. Funds made
available under section 524(b) of the Federal Crop Insurance
Act, 7 U.S.C. 1524(b), in fiscal years 2004, 2005, 2006, 2007,
and 2008 shall remain available until expended to disburse
obligations made in fiscal years 2004, 2005, 2006, 2007, and
2008 respectively, and except for fiscal year 2008 funds, are
not available for new obligations.
Sec. 726. None of the funds provided in this Act may be used
for salaries and expenses to draft or implement any regulation
or rule insofar as it would require recertification of rural
status for each electric and telecommunications borrower for
the Rural Electrification and Telecommunication Loans program.
Sec. 727. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the
story includes a clear notification within the text or audio of
the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.
Sec. 728. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act,
or any not-for-profit utility that is eligible to receive an
insured or direct loan under such Act, shall be eligible for
assistance under Section 313(b)(2)(B) of such Act in the same
manner as a borrower under such Act.
Sec. 729. Notwithstanding any other provision of law, the
Secretary of Agriculture is authorized to make funding and
other assistance available through the emergency watershed
protection program under section 403 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to
non-Federal land in watersheds that have been impaired by fires
initiated by the Federal Government and shall waive cost
sharing requirements for the funding and assistance.
Sec. 730. None of the funds made available in this Act may be
used to study, complete a study of, or enter into a contract
with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive
sourcing activity of the Secretary of Agriculture, including
support personnel of the Department of Agriculture, relating to
rural development or farm loan programs.
Sec. 731. Of the amount available for Estimated Future Needs
under section 32 of the Act of August 24, 1935, $184,000,000
are hereby rescinded: Provided, That in addition, of the
unobligated balances under section 32 of the Act of August 24,
1935, $500,000,000 are hereby rescinded.
Sec. 732. Of the appropriations available for payments for
the nutrition and family education program for low-income areas
under section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)), if
the payment allocation pursuant to section 1425(c) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3175(c)) would be less than $100,000 for
any institution eligible under section 3(d)(2) of the Smith-
Lever Act, the Secretary shall adjust payment allocations under
section 1425(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 to ensure that each
institution receives a payment of not less than $100,000.
Sec. 733. None of the funds made available in this Act may be
used to establish or implement a rule allowing poultry products
to be imported into the United States from the People's
Republic of China.
Sec. 734. There is hereby appropriated $3,750,000, to remain
available until expended, for a grant to the National Center
for Natural Products Research for construction or renovation to
carry out the research objectives of the natural products
research grant issued by the Food and Drug Administration.
Sec. 735. There is hereby appropriated $150,000, to remain
available until expended, for the planning and design of
construction of an agriculture pest facility in the State of
Hawaii.
Sec. 736. None of the funds made available to the Department
of Agriculture in this Act may be used to implement the risk-
based inspection program in the 30 prototype locations
announced on February 22, 2007, by the Under Secretary for Food
Safety, or at any other locations, until the USDA Office of
Inspector General has provided its findings to the Food Safety
and Inspection Service and the Committees on Appropriations of
the House of Representatives and the Senate on the data used in
support of the development and design of the risk-based
inspection program and FSIS has addressed and resolved issues
identified by OIG.
Sec. 737. The Secretary of Agriculture shall continue the
Water and Waste Systems Direct Loan Program under the authority
and conditions (including the fees, borrower interest rate, and
the President's economic assumptions for the 2008 Fiscal Year,
as of June 1, 2007) provided by the ``Continuing Appropriations
Resolution, 2007''.
Sec. 738. (a) Section 13(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B)
through (D) as subparagraphs (A) through (C),
respectively;
(C) in subparagraph (A) (as redesignated by
subparagraph (B)), striking ``(B)'' and all
that follows through ``shall not exceed'' and
inserting the following:
``(A) In general.--Subject to subparagraph
(B) and in addition to amounts made available
under paragraph (3), payments to service
institutions shall be'';
(D) in subparagraph (B) (as redesignated by
subparagraph (B)), by striking ``subparagraph
(B)'' and inserting ``subparagraph (A)''; and
(E) in subparagraph (C) (as redesignated by
subparagraph (B)), by striking ``(A), (B), and
(C)'' and inserting ``(A) and (B)''; and
(2) in the second sentence of paragraph (3), by
striking ``full amount of State approved'' and all that
follows through ``maximum allowable''.
(b) Conforming Amendment.--Section 18 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) through (k) as
subsections (f) through (j), respectively.
(c) Effective Date.--The amendments made by this section take
effect on January 1 of the first full calendar year following
the date of enactment of this Act.
Sec. 739. There is hereby appropriated $9,900,000, to remain
available until September 30, 2009, which, in conjunction with
all unobligated balances available to the Secretary under
section 18(g) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769(g)) shall be used to continue the Fresh
Fruit and Vegetable Program (42 U.S.C. 1769(g)) in all
currently participating States and expand the program to all
the contiguous States and, Alaska, Hawaii and the District of
Columbia not currently served by the authorized program:
Provided, That of funds available under this section, not to
exceed 5 percent may be available for Federal administrative
costs, as determined by the Secretary of Agriculture: Provided
further, That for the purposes of this section, ``currently
participating States'' shall be defined as those authorized to
participate under section 18(g) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)) as well as those
authorized to participate under section 779 of Public Law 109-
97: Provided further, That implementation of the program in new
States shall begin with school year 2008/2009.
Sec. 740. Section 704 of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2258) is amended by striking the
first proviso.
Sec. 741. None of the funds made available in this Act may be
used to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal
Meat Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 1901 note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9,
Code of Federal Regulations.
Sec. 742. There is hereby appropriated $800,000 to the Farm
Service Agency to carry out a pilot program to demonstrate the
use of new technologies that increase the rate of growth of re-
forested hardwood trees on private non-industrial forests
lands, enrolling lands on the coast of the Gulf of Mexico that
were damaged by Hurricane Katrina in 2005.
Sec. 743. (a) Sections 9001(a) and 9002 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28; 121
Stat. 211, 214) are amended by striking ``February 28, 2007''
each place it occurs and inserting ``December 31, 2007''.
(b) There is hereby appropriated $20,000,000 for the ``Farm
Service Agency, Salaries and Expenses''.
(c) Each amount provided by this section is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
Sec. 744. Section 17(r)(5) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``seven'' and inserting ``eight'';
(2) by striking ``five'' and inserting ``six''; and
(3) by inserting ``West Virginia,'' after the first
instance of ``States shall be''.
Sec. 745. Hereafter, notwithstanding any other provision of
law, of the funds made available for the Commodity Assistance
Program under division B of Public Law 109-148, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf
of Mexico and Pandemic Influenza, 2006, all unexpended funds
shall be made available to support normal program operations of
the Commodity Supplemental Food Program under the Agriculture
and Consumer Protection Act of 1973 and of the Emergency Food
Assistance Program under the Emergency Food Assistance Act of
1983: Provided, That any commodities purchased with funds made
available under Public Law 109-148 and remaining undistributed
shall be used to support normal program operations under the
authorities cited in this section.
Sec. 746. Notwithstanding any other provision of law, and
until receipt of the decennial Census for the year 2010, the
Secretary of Agriculture shall consider--
(1) the City of Alamo, Texas; the City of Mercedes,
Texas; the City of Weslaco, Texas; the City of Donna,
Texas; the City of La Feria, Texas; and the City of
Northampton, Massachusetts, (including individuals and
entities with projects within the cities) eligible for
loans and grants funded through the Rural Business
Program account;
(2) the City of Bainbridge Island, Washington; the
City of Keene, New Hampshire; and the City of Havelock,
North Carolina, (including individuals and entities
with projects within the cities) eligible for loans and
grants funded through the Rural Community Facilities
Program account;
(3) the City of Freeport, Illinois; Kitsap County
(except the City of Bremerton), Washington; the City of
Atascadero, California; and the City of Paso Robles,
California, (including individuals and entities with
projects within the cities) eligible for loans and
grants funded through the Rural Housing Insurance Fund
Program account and the Rural Housing Assistance Grants
account;
(4) the City of Canton, Mississippi, (including
individuals and entities with projects within the
cities) eligible for loans and grants funded through
the Rural Water and Waste Disposal Program account;
(5) the City of Parsons, Kansas; the Town of Boone,
North Carolina; the City of Henderson, North Carolina;
and the City of Lenoir, North Carolina, to be rural
areas for the purposes of eligibility for loans and
grants funded through the Rural Water and Waste
Disposal Program account;
(6) the City of Lansing, Kansas, a rural area for
purposes of eligibility for Rural Housing Service
programs, and the City of Leavenworth, Kansas, and the
City of Lansing, Kansas, as separate geographic
entities for purposes of Rural Development grants and
loans;
(7) the City of Binghamton, New York, for the purpose
of upgrading a trunk line for waste transport to the
Town of Conklin, New York, (including individuals and
entities with projects within the cities) eligible for
loans and grants funded through the Rural Water and
Waste Disposal Program account;
(8) the County of Lexington, South Carolina, shall be
considered to be a rural area for the purposes of
financing a farmers' market under the Business and
Industry Loan Guarantee Program in a local area that
has rural characteristics as determined by the
Secretary; and
(9) the service areas being acquired by Mid-Kansas
Electric Cooperative, except for the City of Dodge
City, Kansas, shall be considered eligible for
financing under the Rural Electrification Act of 1936,
as amended.
Sec. 747. None of the funds made available in this Act may be
used--
(1) to terminate any of the 13 field laboratories
that are operated by the Food and Drug Administration
as of January 1, 2007, or 20 District Offices, or any
of the inspection or compliance functions of any of the
20 District Offices, of the Food and Drug
Administration functioning as of January 1, 2007; or
(2) to consolidate any such laboratory with any other
laboratory, or any such District Office, or any of the
inspection or compliance functions of any District
Office, with any other District Office.
Sec. 748. Hereafter, the Secretary may use funds made
available in chapter 1 of division B of Public Law 109-148 for
direct and guaranteed loans under title V of the Housing Act of
1949, to make or guarantee loans, as authorized under such Act,
to finance housing and repairs to housing in rural areas
affected by hurricanes that occurred during the 2005 calendar
year.
Sec. 749. Of the unobligated balances provided pursuant to
section 16(h)(1)(A) of the Food Stamp Act of 1977, $10,500,000
is hereby rescinded.
Sec. 750. Of the unobligated balances available in the Child
and Adult Care Food Program for the purpose of conducting
audits of participating institutions as provided for under
section 796 of Public Law 109-97, $3,500,000 is hereby
rescinded.
Sec. 751. Extension of Agricultural Programs. (a)
Extension.--Except as otherwise provided in this Act and
notwithstanding any other provision of law, the authorities
provided under the Farm Security and Rural Investment Act of
2002 (Public Law 107-171; 7 U.S.C. 7901 et seq.) and each
amendment made by that Act (and for mandatory programs at such
funding levels), as in effect on September 30, 2007, shall
continue, and the Secretary of Agriculture shall carry out the
authorities, until March 15, 2008.
(b) Conservation Programs.--
(1) Farmland protection program.--Notwithstanding any
other provision of law, the Secretary of Agriculture
(referred to in this subsection as the ``Secretary'')
shall continue the farmland protection program
established under subchapter B of chapter 2 of subtitle
D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838h et seq.) at a funding level of $97,000,000
per year.
(2) Ground and surface water conservation.--
Notwithstanding any other provision of law, the
Secretary shall continue the ground and surface water
conservation program established under section 1240I of
the Food Security Act of 1985 (16 U.S.C. 3839aa-9) at a
funding level of $60,000,000 per year.
(3) Wildlife habitat incentives program.--
Notwithstanding any other provision of law, the
Secretary shall continue the wildlife habitat incentive
program established under section 1240N of the Food
Security Act of 1985 (16 U.S.C. 3839bb-1) at a funding
level of $85,000,000 per year.
(c) Exceptions.--This section does not apply with respect
to--
(1) section 1307(a)(6) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7957(a)(6));
(2) section 524(b) of the Federal Crop Insurance Act
(7 U.S.C. 1524(b));
(3) section 25 of the Food Stamp Act of 1977 (7
U.S.C. 2034);
(4) title VI of the Rural Electrification Act of 1936
(7 U.S.C. 950bb et seq.);
(5) section 231 of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1621 note; Public Law 106-224);
(6) section 9002 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8102);
(7) section 9004 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8104);
(8) section 9006 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8106); and
(9) subtitles A through C of title I of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
7911 et seq.), with respect to the 2008 crops (other
than the 2008 crop of a loan commodity described in
paragraph (11), (12), or (13) of section 1202(b) of the
Farm Security and Rural Investment Act of 2002 (7
U.S.C. 7932(b))).
Sec. 752. (a) Except as provided in subsection (c), there is
hereby rescinded an amount equal to 0.7 percent of the budget
authority provided for fiscal year 2008 for any discretionary
account in division A of this Act.
(b) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act, accompanying reports, or explanatory
statement for the relevant fiscal year covering such
account or item).
(c) The rescission in subsection (a) shall not apply to
budget authority appropriated or otherwise made available by
this Act in the following amounts in the following activities
or accounts:
(1) $6,020,000,000 provided for the Special
Supplemental Nutrition Program for Women, Infants, and
Children (WIC) in the Department of Agriculture in
division A.
(2) $930,120,000 provided for the Food Safety and
Inspection Service in the Department of Agriculture in
division A.
(3) Any amount designated as described in section 5
(in the matter preceding division A of this
consolidated Act).
(d) Not later than 30 days after the date of enactment of
this Act, the Director of the Office of Management and Budget
shall submit to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives a report that specifies the account and amount
of each rescission made pursuant to this section.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2008''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 40118; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$45,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $413,172,000, to remain
available until September 30, 2009, of which $8,000,000 is to
be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C.
3302: Provided, That $40,520,923 shall be for Manufacturing and
Services; $41,384,054 shall be for Market Access and
Compliance; $62,712,833 shall be for the Import Administration
of which $5,900,000 shall be for the Office of China
Compliance; $236,945,290 shall be for the United States and
Foreign Commercial Service; and $25,146,400 shall be for
Executive Direction and Administration: Provided further, That
the provisions of the first sentence of section 105(f) and all
of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities:
Provided further, That the International Trade Administration
shall be exempt from the requirements of Circular A-25 (or any
successor administrative regulation or policy) issued by the
Office of Management and Budget: Provided further, That
negotiations shall be conducted within the World Trade
Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties:
Provided further, That negotiations shall be conducted within
the World Trade Organization consistent with the negotiating
objectives contained in the Trade Act of 2002, Public Law 107-
210.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including
costs associated with the performance of export administration
field activities both domestically and abroad; full medical
coverage for dependent members of immediate families of
employees stationed overseas; employment of Americans and
aliens by contract for services abroad; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C.
2672 when such claims arise in foreign countries; not to exceed
$15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act
of 1979, and as authorized by 22 U.S.C. 401(b); and purchase of
passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation
otherwise established by law, $72,855,000, to remain available
until expended, of which $13,627,000 shall be for inspections
and other activities related to national security: Provided,
That the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further, That
payments and contributions collected and accepted for materials
or services provided as part of such activities may be retained
for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the
Department of Commerce and other export control programs of the
United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by
the Public Works and Economic Development Act of 1965, and for
trade adjustment assistance, $249,100,000, to remain available
until expended.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,832,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, title II of the Trade Act of 1974, and
the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $28,623,000.
Economic and Statistical Analysis
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$81,075,000, to remain available until September 30, 2009.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$202,838,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses to collect and publish statistics for
periodic censuses and programs provided for by law,
$1,027,406,000, to remain available until September 30, 2009:
Provided, That none of the funds provided in this or any other
Act for any fiscal year may be used for the collection of
census data on race identification that does not include ``some
other race'' as a category.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $17,466,000, to remain available until September 30,
2009: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For the administration of grants authorized by section 392 of
the Communications Act of 1934, $18,800,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be available
for program administration as authorized by section 391 of the
Act: Provided further, That, notwithstanding the provisions of
section 391 of the Act, the prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any fiscal
year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office, $1,915,500,000, to remain available until
expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections
assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C.
41 and 376 are received during fiscal year 2008, so as to
result in a fiscal year 2008 appropriation from the general
fund estimated at $0: Provided further, That during fiscal year
2008, should the total amount of offsetting fee collections be
less than $1,915,500,000, this amount shall be reduced
accordingly: Provided further, That any amount received in
excess of $1,915,500,000 in fiscal year 2008, in an amount up
to $100,000,000, shall remain available until expended:
Provided further, That not less than 1,020 full-time
equivalents, 1,082 positions and $214,150,000 shall be for the
examination of trademark applications; and not less than 8,522
full-time equivalents, 9,000 positions and $1,701,402,000 shall
be for the examination and searching of patent applications:
Provided further, That not less than $16,015,000 shall be for
training of personnel: Provided further, That $1,000,000 may be
transferred to ``Departmental Management'', ``Salaries and
Expenses'' for activities associated with the National
Intellectual Property Law Enforcement Coordination Council:
Provided further, That any deviation from the full-time
equivalent, position, and funding designations set forth in the
preceding provisos shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That from amounts
provided herein, not to exceed $1,000 shall be made available
in fiscal year 2008 for official reception and representation
expenses: Provided further, That in fiscal year 2008, from the
amounts made available for ``Salaries and Expenses'' for the
United States Patent and Trademark Office (PTO), the amounts
necessary to pay: (1) the difference between the percentage of
basic pay contributed by the PTO and employees under section
8334(a) of title 5, United States Code, and the normal cost
percentage (as defined by section 8331(17) of that title) of
basic pay, of employees subject to subchapter III of chapter 83
of that title; and (2) the present value of the otherwise
unfunded accruing costs, as determined by the Office of
Personnel Management, of post-retirement life insurance and
post-retirement health benefits coverage for all PTO employees,
shall be transferred to the Civil Service Retirement and
Disability Fund, the Employees Life Insurance Fund, and the
Employees Health Benefits Fund, as appropriate, and shall be
available for the authorized purposes of those accounts:
Provided further, That sections 801, 802, and 803 of division
B, Public Law 108-447 shall remain in effect during fiscal year
2008: Provided further, That the Director may reduce patent
filing fees payable in 2008 for documents filed electronically
consistent with Federal regulation.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards
and Technology, $440,517,000, to remain available until
expended, of which not to exceed $6,580,000 may be transferred
to the ``Working Capital Fund'': Provided, That not to exceed
$5,000 shall be for official reception and representation
expenses.
industrial technology services
For necessary expenses of the Hollings Manufacturing
Extension Partnership of the National Institute of Standards
and Technology, $89,640,000, to remain available until
expended.
In addition, for necessary expenses of the Technology
Innovation Program of the National Institute of Standards and
Technology, $65,200,000, to remain available until expended:
Provided, That of the $70,200,000 provided for in direct
obligations under this heading, $65,200,000 is appropriated
from the general fund and $5,000,000 is derived from recoveries
of prior year obligations from the Advanced Technology Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities including agency
recreational and welfare facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $160,490,000, to remain
available until expended, of which $30,080,000 is for a
competitive construction grant program for research science
buildings: Provided, That the Secretary of Commerce shall
include in the budget justification materials that the
Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code) an
estimate for each National Institute of Standards and
Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the
budget justification materials shall include an estimate of the
budgetary requirements for each such project for each of the
five subsequent fiscal years: Provided further, That
notwithstanding any other provision of law, of the amount made
available for construction of research facilities, $7,332,000
shall be for the University of Mississippi Medical Center
Biotechnology Research Park; $7,332,000 shall be for the
Mississippi State University Research, Technology and Economic
Development Park; $1,598,000 shall be for the University of
Southern Mississippi Innovation and Commercialization Park
Infrastructure and Building Construction and Equipage;
$5,000,000 shall be for the Alabama State University Life
Sciences Building; and $30,000,000 shall be for laboratory and
research space at the University of South Alabama Engineering
and Science Center.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels;
grants, contracts, or other payments to nonprofit organizations
for the purposes of conducting activities pursuant to
cooperative agreements; and relocation of facilities,
$2,856,277,000, to remain available until September 30, 2009,
except for funds provided for cooperative enforcement, which
shall remain available until September 30, 2010: Provided, That
fees and donations received by the National Ocean Service for
the management of national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $3,000,000 shall be derived by transfer from
the fund entitled ``Coastal Zone Management'' and in addition
$77,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That of the
$2,941,277,000 provided for in direct obligations under this
heading $2,856,277,000 is appropriated from the general fund,
$80,000,000 is provided by transfer, and $5,000,000 is derived
from recoveries of prior year obligations: Provided further,
That of the funds provided under this heading, $235,000 is made
available until expended subject to procedures set forth in
section 209 of Public Law 108-447: Provided further, That the
total amount available for the National Oceanic and Atmospheric
Administration corporate services administrative support costs
shall not exceed $206,484,000: Provided further, That payments
of funds made available under this heading to the Department of
Commerce Working Capital Fund including Department of Commerce
General Counsel legal services shall not exceed $34,164,000:
Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying
this Act, or any use of deobligated balances of funds provided
under this heading in previous years, shall be subject to the
procedures set forth in section 505 of this Act: Provided
further, That grants to States pursuant to sections 306 and
306A of the Coastal Zone Management Act of 1972, as amended,
shall not exceed $2,000,000, unless funds provided for
``Coastal Zone Management Grants'' exceed funds provided in the
previous fiscal year: Provided further, That if funds provided
for ``Coastal Zone Management Grants'' exceed funds provided in
the previous fiscal year, then no State shall receive more than
5 percent or less than 1 percent of the additional funds:
Provided further, That the Administrator of the National
Oceanic and Atmospheric Administration may engage in formal and
informal education activities, including primary and secondary
education, related to the agency's mission goals: Provided
further, That in accordance with section 215 of Public Law 107-
372 the number of officers in the NOAA Commissioned Officer
Corps shall increase to 321: Provided further, That of the
funds provided, $13,395,000 is provided for the alleviation of
economic impacts associated with Framework 42 on the
Massachusetts groundfish fishery.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $979,207,000,
to remain available until September 30, 2010, except funds
provided for construction of facilities which shall remain
available until expended: Provided, That of the amounts
provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made
available on a dollar-for-dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That except to the extent expressly
prohibited by any other law, the Department of Defense may
delegate procurement functions related to the National Polar-
orbiting Operational Environmental Satellite System to
officials of the Department of Commerce pursuant to section
2311 of title 10, United States Code: Provided further, That
any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth in
section 505 of this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $67,000,000, to remain available
until September 30, 2009.
COASTAL ZONE MANAGEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations, Research,
and Facilities'' account to offset the costs of implementing
such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2008, obligations of direct loans may
not exceed $8,000,000 for Individual Fishing Quota loans and
not to exceed $59,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936: Provided, That
none of the funds made available under this heading may be used
for direct loans for any new fishing vessel that will increase
the harvesting capacity in any United States fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to
exceed $5,000 for official entertainment, $44,294,000:
Provided, That the Secretary, within 120 days of enactment of
this Act, shall provide a report to the Committees on
Appropriations that audits and evaluates all decision documents
and expenditures by the Bureau of the Census as they relate to
the 2010 Census: Provided further, That of the amounts provided
to the Secretary within this account, $10,000,000 shall not
become available for obligation until the Secretary certifies
to the Committees on Appropriations that the Bureau of the
Census has followed, and met all best practices, and all Office
of Management and Budget guidelines related to information
technology projects.
HCHB RENOVATION AND MODERNIZATION
For expenses necessary for the renovation and modernization
of the Herbert C. Hoover Building, $3,722,000, to remain
available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $22,020,000.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this Act or any other law appropriating funds for the
Department of Commerce: Provided further, That for the National
Oceanic and Atmospheric Administration this section shall
provide for transfers among appropriations made only to the
National Oceanic and Atmospheric Administration and such
appropriations may not be transferred and reprogrammed to other
Department of Commerce bureaus and appropriation accounts.
Sec. 104. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in
response to funding reductions included in this title or from
actions taken for the care and protection of loan collateral or
grant property shall be absorbed within the total budgetary
resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this
Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 105. (a) Section 101(k) of the Emergency Steel Loan
Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by
striking ``2007'' and inserting ``2009''.
(b) Paragraphs (1) and (2) of section 101(b) of the Emergency
Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) are each
amended by striking ``in 1998'' and inserting ``since 1998''.
(c) Subparagraph (C) of section 101(c)(3) of the Emergency
Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is
amended by striking ``, in 1998'' and inserting ``in 1998, and
thereafter,''.
(d) The Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C.
1841 note) is amended by adding at the end the following:
``SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES.
``(a) In addition to funds made available under section
101(j) of the Emergency Steel Loan Guarantee Act of 1999 (15
U.S.C. 1841 note), up to $1,000,000 in funds made available
under section 101(f) of such Act may be used for salaries and
administrative expenses to administer the Emergency Steel Loan
Guarantee Program.
``(b) Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee
Program shall remain available until expended.''.
Sec. 106. Hereafter, notwithstanding any other provision of
law, no funds appropriated under this Act shall be used to
register, issue, transfer, or enforce any trademark of the
phrase ``Last Best Place''.
Sec. 107. Section 3315(b) of title 19, United States Code, is
amended by inserting ``, including food when sequestered,''
following ``for the establishment and operations of the United
States Section and for the payment of the United States share
of the expenses''.
Sec. 108. Notwithstanding the requirements of subsection
4703(d), the personnel management demonstration project
established by the Department of Commerce pursuant to 5 U.S.C.
4703 may be expanded to involve more than 5,000 individuals,
and is extended indefinitely.
Sec. 109. Section 212(b) of the National Technical
Information Act of 1988 (15 U.S.C. 3704b) is amended by
striking ``Under Secretary of Commerce for Technology'' and
inserting ``Director of the National Institute of Standards and
Technology''.
Sec. 110. The Secretary of Commerce is permitted to prescribe
and enforce standards or regulations affecting safety and
health in the context of scientific and occupational diving
within the National Oceanic and Atmospheric Administration.
Sec. 111. (a) The Secretary of Commerce is authorized to
provide compensation to fishery participants who will be
displaced by the 2011 fishery closure resulting from the
creation by Presidential proclamation of the Papahanaumokuakea
Marine National Monument.
(b) The Secretary shall promulgate regulations for the
voluntary capacity reduction program that:
(1) identifies eligible participants as those
individuals holding commercial Federal fishing permits
for either lobster or bottomfish in the designated
waters within the Papahanaumokuakea Marine National
Monument;
(2) provides a mechanism to compensate eligible
participants for no more than the economic value of
their permits;
(3) at the option of each eligible permit holder,
provides an optional mechanism for additional
compensation based on the value of the fishing vessel
and gear of such participants who so elect to receive
these additional funds, provided that the commercial
fishing vessels of such participants will not be used
for fishing.
(c) There is authorized to be appropriated to the National
Oceanic and Atmospheric Administration's National Marine
Fisheries Service, $6,697,500 for fiscal year 2008.
(d) Nothing in this section is intended to enlarge or
diminish Federal or State title, jurisdiction, or authority
with respect to the waters of the Northwestern Hawaiian Islands
or the tidal or submerged lands under any provision of State or
Federal law.
Sec. 112. (a) For purposes of this section--
(1) the term ``Under Secretary'' means Under
Secretary of Commerce for Oceans and Atmosphere;
(2) the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations and the
Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Appropriations and the
Committee on Science and Technology of the
House of Representatives;
(3) the term ``satellite'' means the satellites
proposed to be acquired for the National Oceanic and
Atmospheric Administration, other than the National
Polar-orbiting Operational Environmental Satellite
System (NPOESS);
(4) the term ``development'' means the phase of a
program following the formulation phase and beginning
with the approval to proceed to implementation, as
defined in NOAA Administrative Order 216-108,
Department of Commerce Administrative Order 208-3, and
NASA's Procedural Requirements 7120.5c, dated March 22,
2005;
(5) the term ``development cost'' means the total of
all costs, including construction of facilities and
civil servant costs, from the period beginning with the
approval to proceed to implementation through the
achievement of operational readiness, without regard to
funding source or management control, for the life of
the program;
(6) the term ``life-cycle cost'' means the total of
the direct, indirect, recurring, and nonrecurring
costs, including the construction of facilities and
civil servant costs, and other related expenses
incurred or estimated to be incurred in the design,
development, verification, production, operation,
maintenance, support, and retirement of a program over
its planned lifespan, without regard to funding source
or management control;
(7) the term ``major program'' means an activity
approved to proceed to implementation that has an
estimated life-cycle cost of more than $250,000,000;
(8) the term ``baseline'' means the program as set
following contract award and critical design review of
the space and ground systems.
(b)(1) NOAA shall not enter into a contract for development
of a major program, unless the Under Secretary determines
that--
(A) the technical, cost, and schedule risks of the
program are clearly identified and the program has
developed a plan to manage those risks;
(B) the technologies required for the program have
been demonstrated in a relevant laboratory or test
environment;
(C) the program complies with all relevant policies,
regulations, and directives of NOAA and the Department
of Commerce;
(D) the program has demonstrated a high likelihood of
accomplishing its intended goals; and
(E) the acquisition of satellites for use in the
program represents a good value to accomplishing NOAA's
mission.
(2) The Under Secretary shall transmit a report describing
the basis for the determination required under paragraph (1) to
the appropriate congressional committees at least 30 days
before entering into a contract for development under a major
program.
(3) The Under Secretary may not delegate the determination
requirement under this subsection, except in cases in which the
Under Secretary has a conflict of interest.
(c)(1) Annually, at the same time as the President's annual
budget submission to the Congress, the Under Secretary shall
transmit to the appropriate congressional committees a report
that includes the information required by this section for the
satellite development program for which NOAA proposes to expend
funds in the subsequent fiscal year. The report under this
paragraph shall be known as the Major Program Annual Report.
(2) The first Major Program Annual Report for NOAA's
satellite development program shall include a Baseline Report
that shall, at a minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the
program, with a detailed breakout of the development
cost, program reserves, and an estimate of the annual
costs until development is completed;
(C) the schedule for development, including key
program milestones;
(D) the plan for mitigating technical, cost, and
schedule risks identified in accordance with subsection
(b)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (d), who shall be an
individual whose primary responsibility is overseeing
the program.
(3) For the major program for which a Baseline Report has
been submitted, subsequent Major Program Annual Reports shall
describe any changes to the information that had been provided
in the Baseline Report, and the reasons for those changes.
(d)(1) The individual identified under subsection (c)(2)(E)
shall immediately notify the Under Secretary any time that
individual has reasonable cause to believe that, for the major
program for which he or she is responsible the development cost
of the program has exceeded the estimate provided in the
Baseline Report of the program by 20 percent or more.
(2) Not later than 30 days after the notification required
under paragraph (1), the individual identified under subsection
(c)(2)(E) shall transmit to the Under Secretary a written
notification explaining the reasons for the change in the cost
of the program for which notification was provided under
paragraph (1).
(3) Not later than 15 days after the Under Secretary receives
a written notification under paragraph (2), the Under Secretary
shall transmit the notification to the appropriate
congressional committees.
(e) Not later than 30 days after receiving a written
notification under subsection (d)(2), the Under Secretary shall
determine whether the development cost of the program has
exceeded the estimate provided in the Baseline Report of the
program by 20 percent or more. If the determination is
affirmative, the Under Secretary shall--
(1) transmit to the appropriate congressional
committees, not later than 15 days after making the
determination, a report that includes--
(A) a description of the increase in cost and
a detailed explanation for the increase;
(B) a description of actions taken or
proposed to be taken in response to the cost
increase; and
(C) a description of any impacts the cost
increase, or the actions described under
subparagraph (B), will have on any other
program within NOAA.
(2) if the Under Secretary intends to continue with
the program, promptly initiate an analysis of the
program, which shall include, at a minimum--
(A) the projected cost and schedule for
completing the program if current requirements
of the program are not modified;
(B) the projected cost and the schedule for
completing the program after instituting the
actions described under paragraph (1)(B); and
(C) a description of, and the projected cost
and schedule for, a broad range of alternatives
to the program. NOAA shall complete an analysis
initiated under paragraph (2) not later than 6
months after the Under Secretary makes a
determination under this subsection. The Under
Secretary shall transmit the analysis to the
appropriate congressional committees not later
than 30 days after its completion.
(f) For the purposes of determining whether cost of the
Geostationary Operational Environmental Satellite Program
exceeds 20 percent more than the baseline under this section,
the estimate of the total life-cycle cost for GOES-R shall be
the estimate provided with the NOAA Fiscal Year 2008
Presidential Budget justification (page 513).
Sec. 113. (a) The Secretary of Commerce may--
(1) develop, maintain, and make public a list of
vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing, including vessels
or vessel owners identified by an international fishery
management organization, whether or not the United
States is a party to the agreement establishing such
organization; and
(2) take appropriate action against listed vessels
and vessel owners, including action against fish, fish
parts, or fish products from such vessels, in
accordance with applicable United States law and
consistent with applicable international law, including
principles, rights, and obligations established in
applicable international fishery management and trade
agreements.
(b) Action taken by the Secretary under subsection (a)(2)
that include measures to restrict use of or access to ports or
port services shall apply to all ports of the United States and
its territories.
(c) The Secretary may promulgate regulations to implement
this section.
Sec. 114. (a) Of the amounts provided for the ``National
Oceanic and Atmospheric Administration, Operations, Research
and Facilities'', $5,856,600 shall be for necessary expenses in
support of an agreement between the Administrator of the
National Oceanic and Atmospheric Administration and the
National Academy of Sciences under which the National Academy
of Sciences shall establish the Climate Change Study Committee
to investigate and study the serious and sweeping issues
relating to global climate change and make recommendations
regarding what steps must be taken and what strategies must be
adopted in response to global climate change, including the
science and technology challenges thereof.
(b) The agreement shall provide for: establishment of and
appointment of members to the Climate Change Study Committee by
the National Academy of Sciences; organization by the National
Academy of Sciences of a Summit on Global Climate Change to
help define the parameters of the study, not to exceed 3 days
in length and to be attended by preeminent experts on global
climate change selected by the National Academy of Sciences;
and issuance of a report by the Climate Change Study Committee
not later than 2 years after the date the Climate Change Study
Committee is first convened, containing its findings,
conclusions, and recommendations. Of such amount, $856,600
shall be for the Summit on Global Climate Change and $5,000,000
shall be for the other activities of the Climate Change Study
Committee.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2008''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For expenses necessary for the administration of the
Department of Justice, $97,832,000, of which not to exceed
$3,317,000 is for security and construction of Department of
Justice facilities, to remain available until expended:
Provided, That the Attorney General is authorized to transfer
funds appropriated within General Administration to any office
in this account: Provided further, That no appropriations for
any office within General Administration shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That $12,221,000 is for Department
Leadership; $7,383,000 is for Intergovernmental Relations/
External Affairs; $11,402,000 is for Executive Support/
Professional Responsibility; and $66,826,000 is for the Justice
Management Division: Provided further, That any change in
funding greater than 5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations consistent
with the terms of section 505 of this Act: Provided further,
That this transfer authority is in addition to transfers
authorized under section 505 of this Act.
JUSTICE INFORMATION SHARING TECHNOLOGY
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $85,540,000, to remain available until expended, of
which not less than $19,740,000 is for the unified financial
management system.
TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement,
and for the costs of operations and maintenance of existing
Land Mobile Radio legacy systems, $74,260,000, to remain
available until September 30, 2009: Provided, That the Attorney
General shall transfer to this account all funds made available
to the Department of Justice for the purchase of portable and
mobile radios: Provided further, That any transfer made under
the preceding proviso shall be subject to section 505 of this
Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$232,649,000, of which $4,000,000 shall be derived by transfer
from the Executive Office for Immigration Review fees deposited
in the ``Immigration Examinations Fee'' account: Provided, That
$3,760,000 shall be expended on the Executive Office for
Immigration Review's Legal Orientation Programs.
For an additional amount for ``Administrative Review and
Appeals'', $8,000,000 shall be for border security and
immigration enforcement along the Southwest border: Provided,
That the amount provided by this paragraph is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee,
$1,225,920,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the Justice
Prisoner and Alien Transportation System: Provided further,
That not to exceed $5,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance''
pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$70,603,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That within
200 days of enactment of this Act, the Inspector General shall
conduct an audit and issue a report to the Committees on
Appropriations of all expenses of the legislative and public
affairs offices at each location of the Justice Department, its
bureaus and agencies, including but not limited to every field
office and headquarters component; the audit shall include any
and all expenses related to these activities.
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized, $11,462,000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and rent
of private or Government-owned space in the District of
Columbia, $735,549,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated, not
to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
For an additional amount for ``Legal Activities, General
Legal Activities'', $10,000,000 shall be for border security
and immigration enforcement along the Southwest border:
Provided, That the amount provided by this paragraph is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed $6,833,000,
to be appropriated from the Vaccine Injury Compensation Trust
Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $147,819,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law,
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection (and estimated to be
$139,000,000 in fiscal year 2008), shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2008, so
as to result in a final fiscal year 2008 appropriation from the
general fund estimated at $8,819,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,747,822,000: Provided, That of the total amount
appropriated, not to exceed $8,000 shall be available for
official reception and representation expenses: Provided
further, That not to exceed $20,000,000 shall remain available
until expended: Provided further, That of the amount provided
under this heading, $5,000,000 shall be used for salaries and
expenses for hiring assistant U.S. Attorneys to carry out
section 704 of the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248) concerning the prosecution of
offenses relating to the sexual exploitation of children.
For an additional amount for ``Salaries and Expenses, United
States Attorneys'', $7,000,000 shall be for border security and
immigration enforcement along the Southwest border: Provided,
That the amount provided by this paragraph is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
united states trustee system fund
For necessary expenses of the United States Trustee Program,
as authorized, $209,763,000, of which $20,000,000 shall be from
prior year unobligated balances from funds previously
appropriated, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided,
That, notwithstanding any other provision of law, deposits to
the Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $184,000,000 of
offsetting collections pursuant to 28 U.S.C. 589a(b) shall be
retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further,
That the sum herein appropriated from the Fund shall be reduced
as such offsetting collections are received during fiscal year
2008, so as to result in a final fiscal year 2008 appropriation
from the Fund estimated at $763,000.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$1,606,000.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service,
$849,219,000; of which not to exceed $6,000 shall be available
for official reception and representation expenses; of which
not to exceed $4,000,000 shall be for information technology
systems and shall remain available until expended; and of which
not less than $11,653,000 shall be available for the costs of
courthouse security equipment, including furnishings,
relocations, and telephone systems and cabling, and shall
remain available until expended.
For an additional amount for ``United States Marshals
Service, Salaries and Expenses'', $15,000,000 shall be for
border security and immigration enforcement along the Southwest
border: Provided, That the amount provided by this paragraph is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
CONSTRUCTION
For construction in space controlled, occupied or utilized by
the United States Marshals Service for prisoner holding and
related support, $2,304,000, to remain available until
expended.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for
private counsel expenses, including advances, and for expenses
of foreign counsel, $168,300,000, to remain available until
expended: Provided, That, not to exceed $10,000,000 may be made
available for construction of buildings for protected witness
safesites: Provided further, That not to exceed $3,000,000 may
be made available for the purchase and maintenance of armored
and other vehicles for witness security caravans: Provided
further, That not to exceed $9,000,000 may be made available
for the purchase, installation, maintenance, and upgrade of
secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
$9,794,000: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the previous proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $20,990,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
National Security Division
SALARIES AND EXPENSES
For expenses necessary to carry out the activities of the
National Security Division, $73,373,000; of which not to exceed
$5,000,000 for information technology systems shall remain
available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for the activities of the National Security Division, the
Attorney General may transfer such amounts to this heading from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the previous proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation,
and prosecution of individuals associated with the most
significant drug trafficking and affiliated money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in organized crime drug trafficking,
$497,935,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against
the United States; $6,349,950,000; of which not to exceed
$150,000,000 shall remain available until expended; and of
which $2,308,580,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to national security: Provided, That not to
exceed $205,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$170,000 shall be available in 2008 for expenses associated
with the celebration of the 100th anniversary of the Federal
Bureau of Investigation.
For an additional amount for ``Federal Bureau of
Investigation, Salaries and Expenses'', $143,539,000 to address
emerging threats in counterterrorism and cyber security:
Provided, That the amount provided by this paragraph is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
CONSTRUCTION
For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of
federally-owned buildings; and preliminary planning and design
of projects; $164,200,000, to remain available until expended.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
28 U.S.C. 530C; and expenses for conducting drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs,
$1,855,569,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000
shall be available for official reception and representation
expenses.
For an additional amount for ``Drug Enforcement
Administration, Salaries and Expenses'', $2,000,000 for a
communications intercept initiative in Afghanistan: Provided,
That the amount provided by this paragraph is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including the purchase of not to
exceed 822 vehicles for police-type use, of which 650 shall be
for replacement only; not to exceed $40,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $984,097,000, of which not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code; and of which $10,000,000 shall remain available
until expended: Provided, That no funds appropriated herein
shall be available for salaries or administrative expenses in
connection with consolidating or centralizing, within the
Department of Justice, the records, or any portion thereof, of
acquisition and disposition of firearms maintained by Federal
firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative
expenses or the compensation of any officer or employee of the
United States to implement an amendment or amendments to 27 CFR
178.118 or to change the definition of ``Curios or relics'' in
27 CFR 178.11 or remove any item from ATF Publication 5300.11
as it existed on January 1, 1994: Provided further, That none
of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c): Provided further,
That such funds shall be available to investigate and act upon
applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United
States Code: Provided further, That no funds made available by
this or any other Act may be used to transfer the functions,
missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or Departments in
fiscal year 2008: Provided further, That, beginning in fiscal
year 2008 and thereafter, no funds appropriated under this or
any other Act may be used to disclose part or all of the
contents of the Firearms Trace System database maintained by
the National Trace Center of the Bureau of Alcohol, Tobacco,
Firearms and Explosives or any information required to be kept
by licensees pursuant to section 923(g) of title 18, United
States Code, or required to be reported pursuant to paragraphs
(3) and (7) of such section 923(g), except to: (1) a Federal,
State, local, tribal, or foreign law enforcement agency, or a
Federal, State, or local prosecutor, solely in connection with
and for use in a criminal investigation or prosecution; or (2)
a Federal agency for a national security or intelligence
purpose; and all such data shall be immune from legal process,
shall not be subject to subpoena or other discovery, shall be
inadmissible in evidence, and shall not be used, relied on, or
disclosed in any manner, nor shall testimony or other evidence
be permitted based on the data, in a civil action in any State
(including the District of Columbia) or Federal court or in an
administrative proceeding other than a proceeding commenced by
the Bureau of Alcohol, Tobacco, Firearms and Explosives to
enforce the provisions of chapter 44 of such title, or a review
of such an action or proceeding; except that this proviso shall
not be construed to prevent: (A) the disclosure of statistical
information concerning total production, importation, and
exportation by each licensed importer (as defined in section
921(a)(9) of such title) and licensed manufacturer (as defined
in section 921(1)(10) of such title); (B) the sharing or
exchange of such information among and between Federal, State,
local, or foreign law enforcement agencies, Federal, State, or
local prosecutors, and Federal national security, intelligence,
or counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed
importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further, That
no funds made available by this or any other Act shall be
expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923
of title 18, United States Code: Provided further, That no
funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name or
any personal identification code: Provided further, That no
funds authorized or made available under this or any other Act
may be used to deny any application for a license under section
923 of title 18, United States Code, or renewal of such a
license due to a lack of business activity, provided that the
applicant is otherwise eligible to receive such a license, and
is eligible to report business income or to claim an income tax
deduction for business expenses under the Internal Revenue Code
of 1986.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and
sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of
federally-owned buildings; and preliminary planning and design
or projects; $23,500,000, to remain available until expended.
Federal Prison System
SALARIES AND EXPENSES
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed
669, of which 642 are for replacement only) and hire of law
enforcement and passenger motor vehicles, and for the provision
of technical assistance and advice on corrections related
issues to foreign governments, $5,050,440,000: Provided, That
the Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a fiscal
agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to the
custody of the Federal Prison System: Provided further, That
not to exceed $6,000 shall be available for official reception
and representation expenses: Provided further, That not to
exceed $50,000,000 shall remain available for necessary
operations until September 30, 2009: Provided further, That, of
the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of
the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522
note), for the care and security in the United States of Cuban
and Haitian entrants: Provided further, That the Director of
the Federal Prison System may accept donated property and
services relating to the operation of the prison card program
from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit
entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $372,720,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase (not to exceed five for
replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,328,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed on
an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386) (``the 2000 Act''); and the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); $400,000,000, including amounts
for administrative costs, to remain available until expended:
Provided, That except as otherwise provided by law, not to
exceed 3 percent of funds made available under this heading may
be used for expenses related to evaluation, training, and
technical assistance: Provided further, That of the amount
provided--
(1) $13,160,000 for the court-appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(2) $2,350,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act;
(3) $183,800,000 for grants to combat violence
against women, as authorized by part T of the 1968 Act,
of which--
(A) $17,390,000 shall be for transitional
housing assistance grants for victims of
domestic violence, stalking or sexual assault
as authorized by section 40299 of the 1994 Act;
and
(B) $1,880,000 shall be for the National
Institute of Justice for research and
evaluation of violence against women and
related issues addressed by grant programs of
the Office on Violence Against Women;
(4) $59,220,000 for grants to encourage arrest
policies as authorized by part U of the 1968 Act;
(5) $9,400,000 for sexual assault victims assistance,
as authorized by section 202 of the 2005 Act;
(6) $40,420,000 for rural domestic violence and child
abuse enforcement assistance grants, as authorized by
section 40295 of the 1994 Act;
(7) $3,290,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $2,820,000 for grants to improve the stalking and
domestic violence databases, as authorized by section
40602 of the 1994 Act;
(9) $9,400,000 for grants to reduce violent crimes
against women on campus, as authorized by section 304
of the 2005 Act;
(10) $36,660,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(11) $4,230,000 for enhancing protection for older
and disabled women from domestic violence and sexual
assault, as authorized by section 40802 of the 1994
Act;
(12) $13,630,000 for the safe havens for children
program, as authorized by section 1301 of the 2000 Act;
(13) $6,580,000 for education and training to end
violence against and abuse of women with disabilities,
as authorized by section 1402 of the 2000 Act;
(14) $2,820,000 for an engaging men and youth in
prevention program, as authorized by the 2005 Act;
(15) $940,000 for analysis and research on violence
against Indian women, as authorized by section 904 of
the 2005 Act;
(16) $940,000 for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act;
(17) $2,820,000 for services to advocate and respond
to youth, as authorized by section 401 of the 2005 Act;
(18) $2,820,000 for grants to assist children and
youth exposed to violence, as authorized by section 303
of the 2005 Act;
(19) $2,820,000 for the court training and
improvements program, as authorized by section 105 of
the 2005 Act;
(20) $940,000 for grants for televised testimony, as
authorized by part N of the 1968 Act; and
(21) $940,000 for the National Resource Center on
Workplace Responses to assist victims of domestic
violence, as authorized by section 41501 of the 1994
Act.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968; the Missing Children's Assistance
Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of
2003 (Public Law 108-21); the Justice for All Act of 2004
(Public Law 108-405); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162);
the Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248); subtitle D of title II of the Homeland Security Act of
2002 (Public Law 107-296), which may include research and
development; and other programs (including Statewide Automated
Victims Notification Program); including salaries and expenses
in connection therewith, $196,184,000, to remain available
until expended: Provided, That grants under subparagraphs
(1)(A) and (B) of Public Law 98-473 are issued pursuant to
rules or guidelines that generally establish a publicly-
announced, competitive process: Provided further, That not to
exceed $127,915,000 shall be expended in total for Office of
Justice Programs management and administration.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Justice for All Act of 2004 (Public Law
108-405); the Victims of Child Abuse Act of 1990 (Public Law
101-647) (``the 1990 Act''); the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164); the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248); and the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386); and other programs; $908,136,000 (including amounts
for administrative costs, which shall be transferred to and
merged with the ``Justice Assistance'' account), to remain
available until expended as follows:
(1) $170,433,000 for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by
subpart 1 of part E of title I of the 1968 Act, (except
that section 1001(c), and the special rules for Puerto
Rico under section 505(g), of the 1968 Act, shall not
apply for purposes of this Act), of which $2,000,000 is
for use by the National Institute of Justice in
assisting units of local government to identify,
select, develop, modernize, and purchase new
technologies for use by law enforcement and $2,000,000
is for a program to improve State and local law
enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights,
and privacy interests are protected throughout the
intelligence process;
(2) $410,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 241(i)(5)
of the Immigration and Nationality Act (8 U.S.C.
1231(i)(5));
(3) $30,080,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal,
or municipal governments for costs associated with the
prosecution of criminal cases declined by local offices
of the United States Attorneys;
(4) $2,820,000 for the Northern Border Prosecutor
Initiative to reimburse State, county, parish, tribal,
or municipal governments for costs associated with the
prosecution of criminal cases declined by local offices
of the United States Attorneys;
(5) $187,513,000 for discretionary grants to improve
the functioning of the criminal justice system and to
assist victims of crime (other than compensation);
(6) $16,000,000 for competitive grants to improve the
functioning of the criminal justice system and to
assist victims of crime (other than compensation);
(7) $940,000 for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section
240001(c) of the 1994 Act;
(8) $9,400,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386 and for programs
authorized under Public Law 109-164;
(9) $15,200,000 for Drug Courts, as authorized by
section 1001(25)(A) of title I of the 1968 Act;
(10) $7,050,000 for a prescription drug monitoring
program;
(11) $17,860,000 for prison rape prevention and
prosecution and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-79)
including statistics, data, and research, of which
$1,692,000 shall be transferred to the National Prison
Rape Elimination Commission for authorized activities;
(12) $9,400,000 for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of the 1968 Act;
(13) $22,440,000 for assistance to Indian tribes, of
which--
(A) $8,630,000 shall be available for grants
under section 20109 of subtitle A of title II
of the 1994 Act;
(B) $8,630,000 shall be available for the
Tribal Courts Initiative; and
(C) $5,180,000 shall be available for tribal
alcohol and substance abuse reduction
assistance grants;
(14) $2,500,000 for the Capital Litigation
Improvement Grant Program as authorized by section 426
of Public Law 108-405; and
(15) $6,500,000 for mental health courts and adult
and juvenile collaboration program grants, as
authorized by parts V and HH of title I of the 1968
Act:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform nonadministrative public safety service.
For an additional amount for ``State and Local Law
Enforcement Assistance'', $100,000,000 for security and related
costs, including overtime, associated with the two principal
2008 Presidential Candidate Nominating Conventions, to be
divided equally between the conventions: Provided, That the
amount provided by this paragraph is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act).
weed and seed program fund
For necessary expenses, including salaries and related
expenses of the Office of Weed and Seed Strategies, to
implement ``Weed and Seed'' program activities, $32,100,000, to
remain available until expended, as authorized by section 103
of the Omnibus Crime Control and Safe Streets Act of 1968.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968 Act'');
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law 107-
296), which may include research and development; and the USA
PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
109-177) (including administrative costs), $587,233,000, to
remain available until expended: Provided, That of the funds
under this heading, not to exceed $2,575,000 shall be available
for the Office of Justice Programs for reimbursable services
associated with programs administered by the Community Oriented
Policing Services Office: Provided further, That any balances
made available through prior year deobligations shall only be
available in accordance with section 505 of this Act. Of the
amount provided (which shall be by transfer, for programs
administered by the Office of Justice Programs)--
(1) $25,850,000 is for the matching grant program for
armor vests for law enforcement officers, as authorized
by section 2501 of the 1968 Act: Provided, That
$1,880,000 is transferred directly to the National
Institute of Standards and Technology's Office of Law
Enforcement Standards from the Community Oriented
Policing Services Office for research, testing, and
evaluation programs;
(2) $61,187,000 is for grants to entities described
in section 1701 of the 1968 Act, to address public
safety and methamphetamine manufacturing, sale, and use
in hot spots as authorized by section 754 of Public Law
109-177 and for other anti-methaphetamine-related
activities;
(3) $205,366,000 is for a law enforcement
technologies and interoperable communications program,
and related law enforcement and public safety
equipment;
(4) $11,750,000 is for an offender re-entry program;
(5) $9,400,000 is for grants to upgrade criminal
records, as authorized under the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601);
(6) $152,272,000 is for DNA related and forensic
programs and activities as follows:
(A) $147,391,000 for a DNA analysis and
capacity enhancement program including the
purposes of section 2 of the DNA Analysis
Backlog Elimination Act of 2000, as amended by
the Debbie Smith Act of 2004, and further
amended by Public Law 109-162;
(B) $4,881,000 for the purposes described in
the Kirk Bloodsworth Post-Conviction DNA
Testing Program (Public Law 108-405, section
412): Provided, That unobligated funds
appropriated in fiscal years 2006 and 2007 for
grants as authorized under sections 412 and 413
of the foregoing public law are hereby made
available, instead, for the purposes here
specified;
(7) $15,040,000 is for improving tribal law
enforcement, including equipment and training;
(8) $20,000,000 is for programs to reduce gun crime
and gang violence;
(9) $3,760,000 is for training and technical
assistance;
(10) $18,800,000 is for Paul Coverdell Forensic
Sciences Improvement Grants under part BB of title I of
the 1968 Act;
(11) not to exceed $28,200,000 is for program
management and administration;
(12) $20,000,000 is for grants under section 1701 of
title I of the 1968 Act (42 U.S.C. 3796dd) for the
hiring and rehiring of additional career law
enforcement officers under part Q of such title
notwithstanding subsection (i) of such section; and
(13) $15,608,000 is for a national grant program the
purpose of which is to assist State and local law
enforcement locate, arrest and prosecute child sexual
predators and exploiters, and to enforce State offender
registration laws described in section 1701(b) of the
1968 Act, of which:
(A) $4,162,000 is for sex offender management
assistance as authorized by the Adam Walsh
Child Protection and Safety Act of 2006 (Public
Law 109-162), and the Violent Crime Control Act
of 1994 (Public Law 103-322); and
(B) $850,000 is for the National Sex Offender
Public Registry.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''), the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''), the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162), and other
juvenile justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $383,513,000, to remain
available until expended as follows:
(1) $658,000 for concentration of Federal efforts, as
authorized by section 204 of the 1974 Act;
(2) $74,260,000 for programs authorized by section
221 of the 1974 Act, and for training and technical
assistance to assist small, non-profit organizations
with the Federal grants process;
(3) $93,835,000 for grants and projects, as
authorized by sections 261 and 262 of the 1974 Act;
(4) $70,000,000 for youth mentoring grants;
(5) $61,100,000 for delinquency prevention, as
authorized by section 505 of the 1974 Act, of which,
pursuant to sections 261 and 262 thereof--
(A) $14,100,000 shall be for the Tribal Youth
Program;
(B) $18,800,000 shall be for a gang
resistance education and training program; and
(C) $25,000,000 shall be for grants of
$360,000 to each State and $4,840,000 shall be
available for discretionary grants, for
programs and activities to enforce State laws
prohibiting the sale of alcoholic beverages to
minors or the purchase or consumption of
alcoholic beverages by minors, for prevention
and reduction of consumption of alcoholic
beverages by minors, and for technical
assistance and training;
(6) $15,040,000 for expenses authorized by part AA of
the 1968 Act (Secure Our Schools);
(7) $16,920,000 for programs authorized by the
Victims of Child Abuse Act of 1990; and
(8) $51,700,000 for the Juvenile Accountability Block
Grants program as authorized by part R of the 1968 Act
and Guam shall be considered a State:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act.
PUBLIC SAFETY OFFICERS BENEFITS
For payments and expenses authorized by part L of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796), such sums as are necessary, as authorized by
section 6093 of Public Law 100-690 (102 Stat. 4339-4340)
(including amounts for administrative costs, which amounts
shall be paid to the ``Justice Assistance'' account), to remain
available until expended; and $4,854,000 for payments
authorized by section 1201(b) of such Act; and $3,980,000 for
educational assistance, as authorized by section 1212 of such
Act: Provided, That, hereafter, funds available to conduct
appeals under section 1205(c) of the 1968 Act, which includes
all claims processing, shall be available also for the same
under subpart 2 of such part L and under any statute
authorizing payment of benefits described under subpart 1
thereof, and for appeals from final decisions of the Bureau
(under such part or any such statute) to the Court of Appeals
for the Federal Circuit, which shall have exclusive
jurisdiction thereof (including those, and any related matters,
pending), and for expenses of representation of hearing
examiners (who shall be presumed irrebuttably to enjoy quasi-
judicial immunity in the discharge of their duties under such
part or any such statute) in connection with litigation against
them arising from such discharge.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in
this title for official reception and representation expenses,
a total of not to exceed $50,000 from funds appropriated to the
Department of Justice in this title shall be available to the
Attorney General for official reception and representation
expenses.
Sec. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of
the mother would be endangered if the fetus were carried to
term, or in the case of rape: Provided, That should this
prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 203
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section: Provided further, That none of the funds
appropriated to ``Buildings and Facilities, Federal Prison
System'' in this or any other Act may be transferred to
``Salaries and Expenses, Federal Prison System'', or any other
Department of Justice account, unless the President certifies
that such a transfer is necessary to the national security
interests of the United States, and such authority shall not be
delegated, and shall be subject to section 505 of this Act.
Sec. 206. The Attorney General is authorized to extend
through September 30, 2009, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (6 U.S.C. 533) without limitation on the
number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law, Public
Law 102-395 section 102(b) shall extend to the Bureau of
Alcohol, Tobacco, Firearms and Explosives in the conduct of
undercover investigative operations and shall apply without
fiscal year limitation with respect to any undercover
investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the Department
of Justice in this Act may be used for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 209. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
Sec. 210. None of the funds made available under this title
shall be obligated or expended for Sentinel, or for any other
major new or enhanced information technology program having
total estimated development costs in excess of $100,000,000,
unless the Deputy Attorney General and the investment review
board certify to the Committees on Appropriations that the
information technology program has appropriate program
management and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise architecture
of the Department of Justice.
Sec. 211. Any deviation from the amounts designated for
specific activities in this Act and accompanying report, or any
use of deobligated balances of funds provided under this title
in previous years, shall be subject to the procedures set forth
in section 505 of this Act.
Sec. 212. (a) Section 589a of title 28, United States Code,
is amended in subsection (b) by--
(1) striking ``and'' in paragraph (8);
(2) striking the period in paragraph (9) and
inserting ``; and''; and
(3) adding the following new paragraph:
``(10) fines imposed under section 110(l) of title
11, United States Code.''.
(b) Section 110(l)(4)(A) of title 11, United States Code, is
amended to read as follows:
``(A) Fines imposed under this subsection in judicial
districts served by United States trustees shall be paid to the
United States trustees, who shall deposit an amount equal to
such fines in the United States Trustee Fund.''.
Sec. 213. (a) Section 1930(a) of title 28, United States
Code, is amended in paragraph (6) by striking everything after
``whichever occurs first.'' and inserting in lieu thereof:
``The fee shall be $325 for each quarter in which disbursements
total less than $15,000; $650 for each quarter in which
disbursements total $15,000 or more but less than $75,000; $975
for each quarter in which disbursements total $75,000 or more
but less than $150,000; $1,625 for each quarter in which
disbursements total $150,000 or more but less than $225,000;
$1,950 for each quarter in which disbursements total $225,000
or more but less than $300,000; $4,875 for each quarter in
which disbursements total $300,000 or more but less than
$1,000,000; $6,500 for each quarter in which disbursements
total $1,000,000 or more but less than $2,000,000; $9,750 for
each quarter in which disbursements total $2,000,000 or more
but less than $3,000,000; $10,400 for each quarter in which
disbursements total $3,000,000 or more but less than
$5,000,000; $13,000 for each quarter in which disbursements
total $5,000,000 or more but less than $15,000,000; $20,000 for
each quarter in which disbursements total $15,000,000 or more
but less than $30,000,000; $30,000 for each quarter in which
disbursements total more than $30,000,000. The fee shall be
payable on the last day of the calendar month following the
calendar quarter for which the fee is owed.''.
(b) This section and the amendment made by this section shall
take effect January 1, 2008, or the date of the enactment of
this Act, whichever is later.
Sec. 214. None of the funds appropriated by this Act may be
used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A-76 or any successor administrative
regulation, directive, or policy for work performed by
employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 215. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or expenses
of any United States Attorney assigned dual or additional
responsibilities by the Attorney General or his designee that
exempt that United States Attorney from the residency
requirements of 28 U.S.C. 545.
Sec. 216. Of the funds appropriated in this Act for the
Federal Bureau of Investigation's Sentinel program, $25,000,000
shall not be available for obligation until 60 days after the
Committees on Appropriations receive from the Federal Bureau of
Investigation a report on the results of a completed integrated
baseline review for that program: Provided, That the report
shall be submitted simultaneously to the Government
Accountability Office: Provided further, That the Government
Accountability Office shall review the Bureau's performance
measurement baseline for the Sentinel program and shall submit
its findings to the Committees on Appropriations of the Senate
and House of Representatives within 60 days of its receipt of
the report.
Sec. 217. None of the funds appropriated in this or any other
Act shall be obligated for the initiation of a future phase of
the Federal Bureau of Investigation's Sentinel program until
the Attorney General certifies to the Committees on
Appropriations that existing phases currently under contract
for development or fielding have completed a majority of the
work for that phase under the performance measurement baseline
validated by the integrated baseline review referred to in
section 216 of this Act: Provided, That this restriction does
not apply to planning and design activities for future phases:
Provided further, That the Bureau will notify the Committees on
Appropriations of any significant changes to the baseline.
Sec. 218. (a) The Attorney General shall submit quarterly
reports to the Inspector General of the Department of Justice
regarding the costs and contracting procedures relating to each
conference held by the Department of Justice during fiscal year
2008 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall include,
for each conference described in that subsection held during
the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the
Government relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
and
(C) a discussion of the methodology used to
determine which costs relate to that
conference; and
(3) a description of the contracting procedures
relating to that conference, including--
(A) whether contracts were awarded on a
competitive basis for that conference; and
(B) a discussion of any cost comparison
conducted by the Department of Justice in
evaluating potential contractors for that
conference.
Sec. 219. Notwithstanding any other provision of law, a
public or private institution of higher education may offer or
provide an officer or employee of any branch of the United
States Government or of the District of Columbia, who is a
current or former student of such institution, financial
assistance for the purpose of repaying a student loan or
forbearance of student loan repayment, and an officer or
employee of any branch of the United States Government or of
the District of Columbia may seek or receive such assistance or
forbearance.
Sec. 220. (a) Section 2996(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A),
by inserting ``, territories, and Indian tribes
(as defined in section 2704)'' after ``to
assist States''; and
(B) in subparagraph (B), by striking ``and
local'' and inserting ``, territorial, Tribal,
and local'';
(2) in paragraph (2), by inserting ``, territories,
and Indian tribes'' after ``make grants to States'';
and
(3) in paragraph (3)(C), by inserting ``, Tribal,''
after ``support State''.
(b) Section 755(a) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (42 U.S.C. 3797cc-2(a)) is amended
by inserting ``, territories, and Indian tribes (as defined in
section 2704 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797d))'' after ``make grants to States''.
(c) Section 756 of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (42 U.S.C. 3797cc-3) is amended--
(1) in subsection (a)(2), by inserting ``,
territorial, or Tribal'' after ``State'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, territorial, or
Tribal'' after ``State''; and
(ii) by striking ``and/or'' and
inserting ``or'';
(B) in paragraph (2)--
(i) by inserting ``, territory,
Indian tribe,'' after ``agency of the
State''; and
(ii) by inserting ``, territory,
Indian tribe,'' after ``criminal laws
of that State''; and
(C) by adding at the end the following:
``(C) Indian tribe.--The term `Indian tribe'
has the meaning given the term in section 2704
of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797d).''; and
(3) in subsection (c)--
(A) in paragraph (3), by striking ``Indian
Tribes'' and inserting ``Indian tribes''; and
(B) in paragraph (4)--
(i) in the matter preceding
subparagraph (A)--
(I) by striking ``State's'';
and
(II) by striking ``and/or''
and inserting ``or'';
(ii) in subparagraph (A), by striking
``State'';
(iii) in subparagraph (C), by
inserting ``, Indian tribes,'' after
``involved counties''; and
(iv) in subparagraph (D), by
inserting ``, Tribal'' after ``Federal,
State''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2008''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601-6671), hire of passenger motor
vehicles, and services as authorized by 5 U.S.C. 3109, not to
exceed $2,500 for official reception and representation
expenses, and rental of conference rooms in the District of
Columbia, $5,184,000.
National Aeronautics and Space Administration
science, aeronautics and exploration
For necessary expenses in the conduct and support of science,
aeronautics and exploration research and development
activities, including research, development, operations,
support and services; maintenance; construction of facilities
including repair, rehabilitation, revitalization and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and restoration, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control and
communications activities including operations, production, and
services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of
passenger motor vehicles; not to exceed $35,000 for official
reception and representation expenses; and purchase, lease,
charter, maintenance and operation of mission and
administrative aircraft, $10,543,100,000, to remain available
until September 30, 2009: Provided, That, of the amounts
provided under this heading, $5,577,310,000 shall be for
science, $625,280,000 shall be for aeronautics research,
$3,842,010,000 shall be for exploration systems, and
$556,400,000 shall be for cross-agency support programs:
Provided further, That the amounts in the previous proviso
shall be reduced by $57,900,000 in corporate and general
administrative expenses and the reduction shall be applied
proportionally to each amount therein: Provided further, That
none of the funds under this heading shall be used for any
research, development, or demonstration activities related
exclusively to the human exploration of Mars.
exploration capabilities
For necessary expenses in the conduct and support of
exploration capabilities research and development activities,
including research, development, operations, support and
services; space flight, spacecraft control and communications
activities including operations, production, and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing
facilities, facility planning and design, and restoration, and
acquisition or condemnation of real property, as authorized by
law; environmental compliance and restoration; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles;
not to exceed $35,000 for official reception and representation
expenses; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$6,733,700,000, to remain available until September 30, 2009:
Provided, That of the amounts provided under this heading,
$4,000,000,000 shall be for Space Shuttle operations,
production, research, development, and support and
$2,220,000,000 shall be for International Space Station
operations, production, research, development, and support:
Provided further, That amounts funded under this heading shall
be reduced by $32,000,000 in corporate and general
administrative expenses and the reduction shall be applied
proportionally to each amount therein.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $32,600,000, to
remain available until September 30, 2009.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding the limitation on the duration of
availability of funds appropriated for ``Science, Aeronautics
and Exploration'' or ``Exploration Capabilities'' under this
title, when any activity has been initiated by the incurrence
of obligations for construction of facilities or environmental
compliance and restoration activities as authorized by law,
such amount available for such activity shall remain available
until expended. This provision does not apply to the amounts
appropriated for institutional minor revitalization and minor
construction of facilities, and institutional facility planning
and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, Aeronautics and Exploration'' or
``Exploration Capabilities'' by this appropriations Act, the
amounts appropriated for construction of facilities shall
remain available until September 30, 2010.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is
claimed or the offer is withdrawn. Funding shall not be made
available for Centennial Challenges unless authorized.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Any transfer pursuant to
this provision shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
Notwithstanding any other provision of law, no funds shall be
used to implement any Reduction in Force or other involuntary
separations (except for cause) by the National Aeronautics and
Space Administration prior to September 30, 2008.
The Administrator of the National Aeronautics and Space
Administration shall prepare a strategy for minimizing job
losses when the National Aeronautics and Space Administration
transitions from the Space Shuttle to a successor human-rated
space transport vehicle. This strategy shall include: (1)
specific initiatives that the National Aeronautics and Space
Administration has undertaken, or plans to undertake, to
maximize the utilization of existing civil service and
contractor workforces at each of the affected Centers; (2)
efforts to equitably distribute tasks and workload between the
Centers to mitigate the brunt of job losses being borne by only
certain Centers; (3) new workload, tasks, initiatives, and
missions being secured for the affected Centers; and (4)
overall projections of future civil service and contractor
workforce levels at the affected Centers. The Administrator
shall transmit this strategy to Congress not later than 90 days
after the date of enactment of this Act. The Administrator
shall update and transmit to Congress this strategy not less
than every six months thereafter until the successor human-
rated space transport vehicle is fully operational.
For fiscal year 2009 and hereafter, the National Aeronautics
and Space Administration shall provide, at a minimum, the
following information in its annual budget justification:
(1) The actual, current, proposed funding level, and
estimated budgets for the next five fiscal years by
directorate, theme, program, project and activity
within each appropriations account.
(2) The proposed programmatic and non-programmatic
construction of facilities.
(3) The budget for headquarters including--
(A) the budget by office, and any division
thereof, for the actual, current, proposed
funding level, and estimated budgets for the
next five fiscal years;
(B) the travel budget for each office, and
any division thereof, for the actual, current,
and proposed funding level; and
(C) the civil service full time equivalent
assignments per headquarters office, and any
division thereof, including the number of
Senior Executive Service, noncareer, detailee,
and contract personnel per office.
(4) Within 14 days of the submission of the budget to
the Congress an accompanying volume shall be provided
to the Committees on Appropriations containing the
following information for each center, facility managed
by any center, and federally funded research and
development center operated on behalf of the National
Aeronautics and Space Administration:
(A) the actual, current, proposed funding
level, and estimated budgets for the next five
fiscal years by directorate, theme, program,
project, and activity;
(B) The proposed programmatic and non-
programmatic construction of facilities;
(C) The number of civil service full time
equivalent positions per center for each
identified fiscal year; and
(D) The number of civil service full time
equivalent positions considered to be uncovered
capacity at each location for each identified
fiscal year.
(5) The proposed budget as designated by object class
for each directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain
the request for each program, project, and activity,
and an explanation for any deviation to previously
adopted baselines for all justification materials
provided to the Committees.
The Administrator of the National Aeronautics and Space
Administration shall submit quarterly reports to the Inspector
General of the National Aeronautics and Space Administration
regarding the costs and contracting procedures relating to each
conference or meeting, held by the National Aeronautics and
Space Administration during fiscal year 2008 for which the cost
to the Government was more than $20,000.
Each report submitted shall include, for each conference
described in that subsection held during the applicable
quarter--
(1) a description of the number of and purpose of
participants attending that conference or meeting;
(2) a detailed statement of the costs to the
Government relating to that conference or meeting,
including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of all related travel; and
(D) a discussion of the methodology used to
determine which costs relate to that conference
or meeting; and
(3) a description of the contracting procedures
relating to that conference or meeting, including--
(A) whether contracts were awarded on a
competitive basis; and
(B) a discussion of any cost comparison
conducted by the National Aeronautics and Space
Administration in evaluating potential
contractors for any conference or meeting.
The Administrator of NASA shall, not later than September 30,
2008, submit to the appropriate committees of Congress a report
on each conference for which the agency paid travel expenses
during fiscal year 2008 that includes--
(1) the itemized expenses paid by the agency,
including travel expenses and any agency expenditure to
otherwise support the conference;
(2) the primary sponsor of the conference;
(3) the location of the conference;
(4) in the case of a conference for which the agency
was the primary sponsor, a statement that--
(A) justifies the location selected;
(B) demonstrates the cost efficiency of the
location;
(C) the date of the conference;
(D) a brief explanation how the conference
advanced the mission of the agency; and
(E) the total number of individuals who
travel or attendance at the conference was paid
for in part or full by the agency.
In this provision, the term conference means a meeting that--
(1) is held for consultation, education, awareness,
or discussion;
(2) includes participants who are not all employees
of the same agency;
(3) is not held entirely at an agency facility;
(4) involves costs associated with travel and lodging
for some participants; and
(5) is sponsored by 1 or more agencies, 1 or more
organizations that are not agencies, or a combination
of such agencies or organizations.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $4,821,474,000, to remain available until
September 30, 2009, of which not to exceed $510,000,000 shall
remain available until expended for polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical and
other related activities for the United States Antarctic
program: Provided, That from funds specified in the fiscal year
2008 budget request for icebreaking services, up to $57,000,000
shall be available for the procurement of polar icebreaking
services: Provided further, That the National Science
Foundation shall only reimburse the Coast Guard for such sums
as are agreed to according to the existing memorandum of
agreement: Provided further, That $2,240,000 shall be
transferred to the ``Office of Science and Technology Policy''
for costs associated with the Science and Technology Policy
Institute/RaDiUS: Provided further, That receipts for
scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this
appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861-1875), including authorized travel, $220,740,000, to
remain available until expended.
education and human resources
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $725,600,000, to
remain available until September 30, 2009.
AGENCY OPERATIONS AND AWARD MANAGEMENT
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5 U.S.C.
3109; hire of passenger motor vehicles; not to exceed $9,000
for official reception and representation expenses; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for
security guard services; $281,790,000: Provided, That contracts
may be entered into under this heading in fiscal year 2008 for
maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950, as amended (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$3,969,000: Provided, That not to exceed $9,000 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$11,427,000, to remain available until September 30, 2009.
This title may be cited as the ``Science Appropriations Act,
2008''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,460,000:
Provided, That none of the funds appropriated in this paragraph
shall be used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of one
special assistant for each Commissioner: Provided further, That
none of the funds appropriated in this paragraph shall be used
to reimburse Commissioners for more than 75 billable days, with
the exception of the chairperson, who is permitted 125 billable
days.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, and the Civil Rights Act of 1991, including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); nonmonetary awards to
private citizens; and not to exceed $29,140,000 for payments to
State and local enforcement agencies for authorized services to
the Commission, $329,300,000: Provided, That the Commission is
authorized to make available for official reception and
representation expenses not to exceed $2,500 from available
funds: Provided further, That the Commission may take no action
to implement any workforce repositioning, restructuring, or
reorganization until such time as the House and Senate
Committees on Appropriations have been notified of such
proposals, in accordance with the reprogramming requirements of
section 505 of this Act.
International Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $68,400,000, to
remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$350,490,000, of which $332,390,000 is for basic field programs
and required independent audits; $3,000,000 is for the Office
of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients;
$12,500,000 is for management and administration; $2,100,000 is
for client self-help and information technology; and $500,000
is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to
officers and employees at a rate no greater than that provided
by the Federal Government to Washington, DC-based employees as
authorized by 5 United States Code 5304, notwithstanding
section 1005(d) of the Legal Services Corporation Act, 42
United States Code 2996(d).
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2007 and 2008, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $2,820,000.
National Veterans Business Development Corporation
SALARIES AND EXPENSES
For necessary expenses of the National Veterans Business
Development Corporation established under section 33 of the
Small Business Act (15 U.S.C. 657c), $1,410,000, to remain
available until expended.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $44,120,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That negotiations
shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected
from antidumping and countervailing duties: Provided further,
That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572), $3,760,000: Provided, That not to
exceed $2,500 shall be available for official reception and
representation expenses.
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Sec. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act
for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes or renames offices, programs, or
activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2008, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings,
including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or
projects as approved by Congress; unless the House and Senate
Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in this
Act or any other Act may be used for the construction, repair
(other than emergency repair), overhaul, conversion, or
modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the
United States.
Sec. 507. Hereafter, none of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commission
covering harassment based on religion, when it is made known to
the Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 508. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 509. The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration, shall provide to the House and Senate
Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were received
by such agency during any previous fiscal year.
Sec. 510. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act
shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 511. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 512. None of the funds appropriated pursuant to this Act
or any other provision of law may be used for--
(1) the implementation of any tax or fee in
connection with the implementation of subsection 922(t)
of title 18, United States Code; and
(2) any system to implement subsection 922(t) of
title 18, United States Code, that does not require and
result in the destruction of any identifying
information submitted by or on behalf of any person who
has been determined not to be prohibited from
possessing or receiving a firearm no more than 24 hours
after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g)
or (n) of section 922 of title 18, United States Code,
or State law.
Sec. 513. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C.
10601 in any fiscal year in excess of $590,000,000 shall not be
available for obligation until the following fiscal year.
Sec. 514. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who
participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 515. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 516. With the consent of the President, the Secretary of
Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals, or sea turtles: Provided, That the
Secretary of Commerce shall be responsible for the development
and interdepartmental coordination of the policies of the
United States with respect to the international negotiations
and agreements referred to in this section.
Sec. 517. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
Sec. 518. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released without
adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law
enforcement authorities in conducting investigations by
tracking the sale and possession of specific firearms.
Law enforcement agencies may request firearms traces
for any reason, and those reasons are not necessarily
reported to the Federal Government. Not all firearms
used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models
of firearms are used for illicit purposes. The firearms
selected do not constitute a random sample and should
not be considered representative of the larger universe
of all firearms used by criminals, or any subset of
that universe. Firearms are normally traced to the
first retail seller, and sources reported for firearms
traced do not necessarily represent the sources or
methods by which firearms in general are acquired for
use in crime.
Sec. 519. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, and the National Science Foundation
shall conduct audits, pursuant to the Inspector General Act (5
U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress
on the progress of such audits, which may include preliminary
findings and a description of areas of particular interest,
within 180 days after initiating such an audit and every 180
days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the
Secretary, Attorney General, Administrator, or Director, as
appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the
Department, Administration, or Foundation, respectively. The
results shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title
5, United States Code; and
(2) sensitive personal information for any
individual, the public access to which could be used to
commit identity theft or for other inappropriate or
unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the costs
of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant or
contract was awarded, such as a banquet or conference held in
connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the grant
or contract.
(d) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the
Secretary of Commerce, the Attorney General, the Administrator,
or the Director, as appropriate, certifying that no funds
derived from the grant or contract will be made available
through a subcontract or in any other manner to another person
who has a financial interest in the person awarded the grant or
contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch
ethics program to all Federal departments, agencies, and
entities.
Sec. 520. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
Sec. 521. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United
States Government.
Sec. 522. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection with
requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of
this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any
Shipper's Export Declaration or notification letter
required by law, or from being otherwise eligible under
the laws of the United States to possess, ship,
transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components
and parts for such firearms, other than for end
use by the Federal Government, or a Provincial
or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm
listed in Category I, other than for end use by
the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to
another foreign destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified articles
specified in subsection (a) to Canada for end use in Canada or
return to the United States, or temporary import of Canadian-
origin items from Canada for end use in the United States or
return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government
of Canada has implemented or maintained inadequate import
controls for the articles specified in subsection (a), such
that a significant diversion of such articles has and continues
to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the
temporary requirements have ceased.
Sec. 523. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application submitted
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to
27 CFR section 478.112 or .113, for a permit to import United
States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 524. None of the funds made available in this Act may be
used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 525. (a)(1) The Administrator of the National
Aeronautics and Space Administration shall modify the
Administration's financial management system and perform all
appropriate testing and assurance activities necessary for the
system to be capable of properly budgeting, accounting for,
controlling, and reporting on appropriations made to the
Administration for fiscal year 2009 and thereafter under the
appropriation accounts set out for the Administration in H.R.
3093 of the 110th Congress, as passed the House of
Representatives.
(2) The Administrator shall transmit to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate a written report, on
a monthly basis until the certification under paragraph (3) is
transmitted, on progress in complying with this subsection.
(3) Not later than April 1, 2008, the Administrator shall
transmit to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate a written certification that the Administration's
financial management system meets the requirements of this
section.
(b) Beginning for the first full month after the date of
enactment of this Act, the Administrator shall report in
writing to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate, on the 15th business day of each month, financial
information on the execution of the Administration's budget for
the preceding month and for the fiscal year to date. Each
report under this subsection shall provide information on the
Administration's budget, obligations incurred, and
disbursements made, presented by--
(1) mission area (as reflected in the appropriation
accounts set out for the Administration in H.R. 3093 of
the 110th Congress, as passed the House of
Representatives);
(2) program or project;
(3) Center; and
(4) object class, as well as any other financial
information requested by the Committee on
Appropriations of the House of Representatives or the
Committee on Appropriations of the Senate.
Sec. 526. None of the funds made available in this Act may be
used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act; The
National Security Act of 1947; USA PATRIOT Act; and the laws
amended by these Acts.
Sec. 527. None of the funds appropriated or otherwise made
available by this Act may be made available for a public-
private competition conducted under Office of Management and
Budget Circular A-76 or to convert a function performed by
Federal employees to private sector performance without such a
competition unless a representative designated by a majority of
the employees engaged in the performance of the activity or
function for which the public-private competition is conducted
or which is to be converted without such a competition is
treated as an interested party with respect to such competition
or decision to convert to private sector performance for
purposes of subchapter V of chapter 35 of title 31, United
States Code.
Sec. 528. Section 605 of the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (16 U.S.C. 1451 note) is
amended--
(1) in the matter preceding paragraph (1) by striking
``$25,500,000 for fiscal year 2008'' and inserting
``$30,000,000 for each of fiscal years 2008 through
2010'';
(2) in each of paragraphs (1), (2), (3), (4), and (6)
by striking ``2008'' and inserting ``2010''; and
(3) in paragraph (5) by striking ``fiscal year 2008''
and inserting ``each of fiscal years 2008 through
2010''.
Sec. 529. Effective January 13, 2007, section 303A of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1853a) is amended--
(1) by striking ``association'' in subsection
(c)(4)(A)(iii) and inserting ``association, among
willing parties'';
(2) by striking paragraph (2) of subsection (i);
(3) by striking ``(1) In general.--'' in subsection
(i) and resetting paragraph (1) as a full measure
paragraph following ``(i) Transition Rules.--''; and
(4) by redesignating subparagraphs (A), (B), and (C)
of subsection (i)(1) (before its amendment by paragraph
(3)) as paragraphs (1), (2), and (3), respectively and
resetting them as indented paragraphs 2 ems from the
left margin.
Sec. 530. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling
more than $75,000,000 has reasonable cause to believe that the
total program cost has increased by 10 percent, the program
manager shall immediately inform the Secretary, Administrator,
or Director. The Secretary, Administrator, or Director shall
notify the House and Senate Committees on Appropriations within
30 days in writing of such increase, and shall include in such
notice: the date on which such determination was made; a
statement of the reasons for such increases; the action taken
and proposed to be taken to control future cost growth of the
project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 531. Notwithstanding section 505 of this Act, no funds
shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary
circumstances.
Sec. 532. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2008 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2008.
Sec. 533. (a) Subsection (a) of section 315 of the National
Aeronautics and Space Administration Act of 1958 (42 U.S.C.
2459j) is amended--
(1) by striking ``Notwithstanding any other provision
of law, the Administrator'' and inserting ``The
Administrator''; and
(2) by striking ``any real property'' and inserting
``any non-excess real property and related personal
property''; and
(3) by striking ``at no more than two (2) National
Aeronautics and Space Administration (NASA) centers''.
(b) Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``consideration''
and all that follows through the end of the paragraph
and inserting ``cash consideration for the lease at
fair market value as determined by the
Administrator.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2);
and
(4) in paragraph (2), as redesignated by paragraph
(3) of this subsection--
(A) in subparagraph (B), by striking
``maintenance'' and all that follows through
``centers selected for this demonstration
program'' and inserting ``capital
revitalization and construction projects and
improvements of real property assets and
related personal property under the
jurisdiction of the Administrator''; and
(B) by adding at the end the following new
subparagraph:
``(C) Amounts utilized under subparagraph (B) may not
be utilized for daily operating costs.''.
(c) Subsection (e) of such section is amended--
(1) by striking ``Lease Restrictions.--NASA'' and
inserting the following: ``Lease Restrictions.--
``(1) NASA''; and
(2) by adding at the end the following new paragraph:
``(2) NASA is not authorized to enter into an out-
lease under this section unless the Administrator
certifies that such out-lease will not have a negative
impact on NASA's mission.''.
(d) Such section is further amended by adding at the end the
following new subsection (f):
``(f) Sunset.--The authority to enter into leases under this
section shall expire on the date that is ten years after the
date of the enactment of the Commerce, Justice, Science, and
Related Agencies Appropriations Act of 2008. The expiration
under this subsection of authority to enter into leases under
this section shall not affect the validity or term of leases or
NASA's retention of proceeds from leases entered into under
this section before the date of the expiration of such
authority.''.
(e) The heading of such section is amended by striking
``Enhanced-use lease of real property demonstration'' and
inserting ``Lease of non-excess property''.
(f) This section shall become effective on December 31, 2008.
Sec. 534. The Departments, agencies, and commissions funded
under this Act, shall establish and maintain on the homepages
of their Internet websites--
(1) a direct link to the Internet websites of their
Offices of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to those
Departments, agencies, and commissions.
Sec. 535. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee
certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the
contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
Sec. 536. This section may be cited as the ``ED 1.0 Act''.
(a) In this section:
(1) The term ``Administrator'' means the
Administrator of the National Telecommunications and
Information Administration.
(2) The term ``eligible educational institution''
means an institution that is--
(A) a historically Black college or
university;
(B) a Hispanic-serving institution as that
term is defined in section 502(a)(5) of the
Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5));
(C) a tribally controlled college or
university as that term is defined in section
2(a)(4) of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C.
1801(a)(4));
(D) an Alaska Native-serving institution as
that term is defined in section 317(b)(2) of
the Higher Education Act of 1965 (20 U.S.C.
1059d(b)(2)); or
(E) a Native Hawaiian-serving institution as
that term is defined in section 317(b)(4) of
the Higher Education Act of 1965 (20 U.S.C.
1059d(b)(4)).
(3) The term ``historically Black college or
university'' means a part B institution as that term is
defined in section 322(2) of the Higher Education Act
of 1965 (20 U.S.C. 1061(2)).
(b)(1)(A) There is established within the National
Telecommunications and Information Administration a pilot
program under which the Administrator shall award 9 grants to
eligible educational institutions to enable the eligible
educational institutions to develop digital and wireless
networks for online educational programs of study within the
eligible educational institutions. The Administrator shall
award not less than 1 grant to each type of eligible
educational institution, enumerated under subsection (a)(2).
(B)(i) The Administrator shall award a total of 9 grants
under this subsection.
(ii) The Administrator shall make grant payments under this
subsection in the amount of $500,000.
(2)(A) In awarding grants under this subsection the
Administrator shall give priority to an eligible educational
institution that, according to the most recent data available
(including data available from the Bureau of the Census),
serves a county, or other appropriate political subdivision
where no counties exist--
(i) in which 50 percent of the residents of the
county, or other appropriate political subdivision
where no counties exist, are members of a racial or
ethnic minority;
(ii) in which less than 18 percent of the residents
of the county, or other appropriate political
subdivision where no counties exist, have obtained a
baccalaureate degree or a higher education;
(iii) that has an unemployment rate of 7 percent or
greater;
(iv) in which 20 percent or more of the residents of
the county, or other appropriate political subdivision
where no counties exist, live in poverty;
(v) that has a negative population growth rate; or
(vi) that has a family income of not more than
$32,000.
(B) In awarding grants under this subsection the
Administrator shall give the highest priority to an eligible
educational institution that meets the greatest number of
requirements described in clauses (i) through (vi) of
subparagraph (A).
(3) An eligible educational institution receiving a grant
under this subsection may use the grant funds--
(A) to acquire equipment, instrumentation, networking
capability, hardware, software, digital network
technology, wireless technology, or wireless
infrastructure;
(B) to develop and provide educational services,
including faculty development; or
(C) to develop strategic plans for information
technology investments.
(4) The Administrator shall not require an eligible
educational institution to provide matching funds for a grant
awarded under this subsection.
(5)(A) The Administrator shall consult with the Committee on
Appropriations and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Appropriations and the Committee on Energy and Commerce of the
House of Representatives, on a quarterly basis regarding the
pilot program assisted under this subsection.
(B) Not later than 1 year after the date of enactment of this
section, the Administrator shall submit to the committees
described in subparagraph (A) a report evaluating the progress
of the pilot program assisted under this subsection.
(c) There are authorized to be appropriated to carry out this
section $4,500,000 for each of fiscal years 2008 and 2009.
(d) The Administrator shall carry out this section only with
amounts appropriated in advance specifically to carry out this
section.
Sec. 537. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve the
ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade,
especially dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to
ensure that United States workers, agricultural
producers, and firms can compete fully on fair
terms and enjoy the benefits of reciprocal
trade concessions; and
(3) to address and remedy market distortions that
lead to dumping and subsidization, including
overcapacity, cartelization, and market-access
barriers.
Sec. 538. None of the funds made available in this Act may be
used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 539. Section 2301 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (47 U.S.C. 901 note) is amended
by striking ``the `Improving Emergency Communications Act of
2007'.'' and inserting ``the `911 Modernization Act'.''.
Sec. 540. Section 504(a)(11)(E) of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134;
110 Stat. 1321-55) is amended by inserting before ``an alien''
the following: ``a nonimmigrant worker admitted to, or
permitted to remain in, the United States under section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)) for forestry labor or''.
Sec. 541. None of the funds made available in this Act may be
used in contravention of section 402(e)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note).
Sec. 542. None of the funds in this Act may be used to employ
workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 543. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than
50 employees from a Federal department or agency at any single
conference occurring outside the United States.
TITLE VI
RESCISSIONS
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(RESCISSION)
Of the unobligated balances available under this heading from
prior year appropriations, $5,700,000 are rescinded.
Economic and Statistical Analysis
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading from
prior year appropriations, $800,000 are rescinded.
National Institute of Standards and Technology
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading from
prior year appropriations, $18,800,000 are rescinded.
National Oceanic and Atmospheric Administration
(RESCISSION)
Of the unobligated balances available in accounts under this
heading from prior year appropriations, $11,372,000 are
rescinded.
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$7,400,000 are rescinded.
JUSTICE INFORMATION SHARING TECHNOLOGY
(RESCISSION)
Of the unobligated balances available under this heading,
$5,000,000 are rescinded.
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$41,000,000 are rescinded.
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$1,300,000 are rescinded.
DETENTION TRUSTEE
(RESCISSION)
Of the unobligated balances available under this heading,
$145,000,000 are rescinded.
Legal Activities
ASSETS FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$240,000,000 are rescinded.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(RESCISSION)
Of the unobligated balances available under this heading from
prior year appropriations, $14,700,000 are rescinded.
Office of Justice Programs
(RESCISSION)
Of the unobligated balances available under this heading from
prior year appropriations, $87,500,000 are rescinded, not later
than September 30, 2008.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSIONS)
Of the unobligated balances available under this heading from
prior year appropriations, $87,500,000 are rescinded, not later
than September 30, 2008.
Of the unobligated funds previously appropriated from the
Violent Crime Reduction Trust Fund under this heading,
$10,278,000 are rescinded.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(Rescission)
Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year
appropriations, $192,475,000 are rescinded: Provided, That
within 30 days after the date of the enactment of this section
the Administrator shall submit to the Committees on
Appropriations a report specifying the amount of each
rescission made pursuant to this section.
NATIONAL SCIENCE FOUNDATION
(Rescission)
Of the unobligated balances available to the National Science
Foundation from prior year appropriations, $33,000,000 are
rescinded: Provided, That within 30 days after the date of the
enactment of this section the Director shall submit to the
Committees on Appropriations a report specifying the amount of
each rescission made pursuant to this section.
This Act may be cited as the ``Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2008''.
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related purposes.
INVESTIGATIONS
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood and storm
damage reduction, shore protection, aquatic ecosystem
restoration, and related projects; restudy of authorized
projects, miscellaneous investigations; and, when authorized by
law, surveys and detailed studies, and plans and specifications
of projects prior to construction, $167,261,000, to remain
available until expended: Provided, That of the funds provided
under this heading of Public Law 106-554, $100,000 are
rescinded: Provided further, That using $2,952,000 of the funds
provided herein, the Secretary of the Army acting through the
Chief of Engineers shall continue the Louisiana Coastal
Protection and Restoration study at full Federal expense:
Provided further, That using $1,968,000 of the funds provided
herein, the Secretary of the Army acting through the Chief of
Engineers shall continue the Coastal Mississippi Hurricane and
Storm Damage Reduction study at full Federal expense: Provided
further, That funds in the amount of $461,000 are provided to
continue environmental studies for the Pine Mountain Dam,
Arkansas, project: Provided further, That cost sharing of
preconstruction engineering and design shall be as previously
applied to this activity.
CONSTRUCTION
(INCLUDING RESCISSIONS OF FUNDS)
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects authorized
by law, including a portion of the expenses for the
modifications authorized by section 104 of the Everglades
National Park Protection and Expansion Act of 1989; for
conducting detailed studies, and plans and specifications, of
such projects (including those involving participation by
States, local governments, or private groups) authorized or
made eligible for selection by law (but such detailed studies,
and plans and specifications, shall not constitute a commitment
of the Government to construction); $2,294,029,000, to remain
available until expended; of which such sums as are necessary
to cover the Federal share of construction costs for facilities
under the Dredged Material Disposal Facilities program shall be
derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, to cover one-half of the costs of
construction and rehabilitation of inland waterways projects
(including the rehabilitation costs for Lock and Dam 11,
Mississippi River, Iowa; Lock and Dam 19, Mississippi River,
Iowa; Lock and Dam 24, Mississippi River, Illinois and
Missouri; Lock 27, Mississippi River, Illinois; Markland Locks
and Dam, Kentucky and Indiana; Emsworth Locks and Dam, Ohio
River, Pennsylvania; and Lock and Dam 3, Mississippi River,
Minnesota) shall be derived from the Inland Waterways Trust
Fund; and of which $7,380,000 shall be exclusively for projects
and activities authorized under section 107 of the River and
Harbor Act of 1960; and of which $4,796,000 shall be
exclusively for projects and activities authorized under
section 111 of the River and Harbor Act of 1968; and of which
$4,428,000 shall be exclusively for projects and activities
authorized under section 103 of the River and Harbor Act of
1962; and of which $42,312,000 shall be exclusively for
projects and activities authorized under section 205 of the
Flood Control Act of 1948; and of which $9,840,000 shall be
exclusively for projects and activities authorized under
section 14 of the Flood Control Act of 1946; and of which $0
shall be exclusively for projects and activities authorized
under section 208 of the Flood Control Act of 1954; and of
which $29,520,000 shall be exclusively for projects and
activities authorized under section 1135 of the Water Resources
Development Act of 1986; and of which $29,520,000 shall be
exclusively for projects and activities authorized under
section 206 of the Water Resources Development Act of 1996; and
of which $5,292,000 shall be exclusively for projects and
activities authorized under sections 204 and 207 of the Water
Resources Development Act of 1992 and section 933 of the Water
Resources Development Act of 1986: Provided, That the Chief of
Engineers is directed to use $12,792,000 of the funds
appropriated herein for the Dallas Floodway Extension, Texas,
project, including the Cadillac Heights feature, generally in
accordance with the Chief of Engineers report dated December 7,
1999: Provided further, That the Chief of Engineers is directed
to use $1,968,000 of the funds provided herein for the Hawaii
Water Management Project: Provided further, That the Chief of
Engineers is directed to use $5,166,000 of the funds
appropriated herein for planning, engineering, design or
construction of the Grundy, Buchanan County, and Dickenson
County, Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided
further, That the Chief of Engineers is directed to use
$18,204,000 of the funds appropriated herein to continue
planning, engineering, design or construction of the Lower
Mingo County, Upper Mingo County, Wayne County, McDowell
County, West Virginia, elements of the Levisa and Tug Forks of
the Big Sandy River and Upper Cumberland River Project:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $4,920,000
of the funds appropriated herein for the Clover Fork, City of
Cumberland, Town of Martin, Pike County (including Levisa Fork
and Tug Fork Tributaries), Bell County, Harlan County in
accordance with the Draft Detailed Project Report dated January
2002, Floyd County, Martin County, Johnson County, and Knox
County, Kentucky, detailed project report, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River: Provided further, That the Secretary of the
Army is directed to use any remaining available funds from
funds appropriated in Public Law 103-126 (107 Stat. 1315) for
carrying out engineering and design for the relocation of the
comfort and lifeguard stations on the Atlantic Coast of New
York City from Rockaway Inlet to Norton Point, New York,
project for construction of other features of the project:
Provided further, That the Secretary of the Army is directed to
use any remaining available funds from the funds appropriated
in Public Law 107-66 (115 Stat. 488) for increasing the
authorized level of protection for the Bois Brule Drainage and
Levee District, Missouri, project, to continue design
deficiency repairs on the project: Provided further, That the
Chief of Engineers is directed to use $2,952,000 of the funds
provided herein to initiate planning and design of a rural
health care facility on the Fort Berthold Reservation of the
Three Affiliated Tribes, North Dakota: Provided further, That
$1,476,000 of the funds provided herein shall be available to
continue detailed design including plans and specifications,
execute a PCA and initiate construction of Phases I and II for
the Greenbrier River Basin, Marlinton, West Virginia, project:
Provided further, That the Secretary of the Army shall use up
to $5,904,000 including the prior unobligated balance of
$4,972,000 from the Devils Lake Outlet, North Dakota, project
for the North Dakota environmental infrastructure project:
Provided further, That the Secretary of the Army shall use the
prior year unobligated balance of $1,500,000 from the Waterbury
Dam repairs project for the Lake Champlain Watershed project:
Provided further, That of the funds provided under this heading
the following amounts are rescinded: from Public Law 101-101,
$435,000; from Public Law 102-377, $1,740,000; from Public Law
103-126, $797,000; and from Public Law 105-245, $1,716,000.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for the flood damage reduction program
for the Mississippi River alluvial valley below Cape Girardeau,
Missouri, as authorized by law, $387,402,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of operation and maintenance costs
for inland harbors shall be derived from the Harbor Maintenance
Trust Fund: Provided, That the Chief of Engineers is directed
to use $9,840,000 of the funds provided herein for design and
real estate activities and pump supply elements for the Yazoo
Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers is directed to use $9,840,000 appropriated
herein for construction of water withdrawal features of the
Grand Prairie, Arkansas, project.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law, for providing security for infrastructure
owned and operated by, or on behalf of, the United States Army
Corps of Engineers (the ``Corps''), including administrative
buildings and facilities, and laboratories, and the Washington
Aqueduct; for the maintenance of harbor channels provided by a
State, municipality, or other public agency that serve
essential navigation needs of general commerce, where
authorized by law; and for surveys and charting of northern and
northwestern lakes and connecting waters, clearing and
straightening channels, and removal of obstructions to
navigation, $2,243,637,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share
of operation and maintenance costs for coastal harbors and
channels, and inland harbors shall be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662 may be
derived from that fund; of which such sums as become available
from the special account for the Corps established by the Land
and Water Conservation Act of 1965, as amended (16 U.S.C. 460l-
6a(i)), may be derived from that account for resource
protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which
outdoor recreation is available; and of which such sums as
become available under section 217 of the Water Resources
Development Act of 1996, Public Law 104-303, shall be used to
cover the cost of operation and maintenance of the dredged
material disposal facilities for which fees have been
collected: Provided, That utilizing funds appropriated herein,
for the Intracoastal Waterway, Delaware River to Chesapeake
Bay, Delaware and Maryland, the Chief of Engineers, is directed
to reimburse the State of Delaware for normal operation and
maintenance costs incurred by the State of Delaware for the SR1
Bridge from station 58+00 to station 293+00 between October 1,
2007, and September 30, 2008: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use up to $350,000 of the funds appropriated
herein to reimburse the City of Glen Cove, New York, for costs
associated with the maintenance dredging of Glen Cove Creek
incurred prior to enactment of this Act.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $180,000,000,
to remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $140,000,000, to
remain available until expended.
EXPENSES
For expenses necessary for general administration and related
civil works functions in the headquarters of the United States
Army Corps of Engineers, the offices of the Division Engineers,
the Humphreys Engineer Center Support Activity, the Institute
for Water Resources, the United States Army Engineer Research
and Development Center, and the United States Army Corps of
Engineers Finance Center, $175,046,000, to remain available
until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices.
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For the Office of the Assistant Secretary of the Army (Civil
Works) as authorized by 10 U.S.C. 3016(b)(3), $4,500,000 is
provided.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000);
and during the current fiscal year the Revolving Fund, Corps of
Engineers, shall be available for purchase (not to exceed 100
for replacement only) and hire of passenger motor vehicles.
GENERAL PROVISIONS, CORPS OF ENGINEERS--CIVIL
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that remain
available for obligation or expenditure in fiscal year 2008,
shall be available for obligation or expenditure through a
reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project or activity;
(3) increases funds or personnel for any program,
project or activity for which funds have been denied or
restricted by this Act, unless prior approval is
received from the House and Senate Committees on
Appropriations;
(4) proposes to use funds directed for a specific
activity by either the House or the Senate Committees
on Appropriations for a different purpose, unless prior
approval is received from the House and Senate
Committees on Appropriations;
(5) augments or reduces existing programs, projects
or activities in excess of the amounts contained in
subsections 6 through 10, unless prior approval is
received from the House and Senate Committees on
Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a
limit of $150,000 per project, study or activity is
allowed: Provided, That for a base level less than
$100,000, the reprogramming limit is $25,000; Provided
further, That up to $25,000 may be reprogrammed into
any continuing study or activity that did not receive
an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a
limit of $3,000,000 per project, study or activity is
allowed: Provided, That for a base level less than
$2,000,000, the reprogramming limit is $300,000:
Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments;
Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that
did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited
reprogramming authority is granted in order for the
Corps to be able to respond to emergencies: Provided,
That the Chief of Engineers must notify the House and
Senate Committees on Appropriations of these emergency
actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a
limit of $5,000,000 per project, study or activity is
allowed: Provided further, That for a base level less
than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed
into any continuing study or activity that did not
receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations,
Construction, and Operation and Maintenance portions of
the Mississippi River and Tributaries Account as listed
above; and
(10) Formerly utilized sites remedial action
program.--Reprogramming of up to 15 percent of the base
of the receiving project is permitted.
(b) Continuing Authorities Program.--Subsection (a)(1) shall
not apply to any project or activity funded under the
continuing authorities program.
(c) Not later than 60 days after the date of enactment of
this Act, the Corps of the Engineers shall submit a report to
the House and Senate Committees on Appropriations to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided, That the
report shall include:
(1) A table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) A delineation in the table for each appropriation
both by object class and program, project and activity
as detailed in the budget appendix for the respective
appropriations; and
(3) An identification of items of special
congressional interest: Provided further, That the
amount appropriated for salaries and expenses of the
Corps of Engineers shall be reduced by $100,000 per day
for each day after the required date that the report
has not been submitted to the Congress.
Sec. 102. None of the funds made available in this title may
be used to award any continuing contract or make modifications
to any existing continuing contract that commits an amount for
a project in excess of the amounts appropriated for that
project that remain unobligated, except that such amounts may
include any funds that have been made available through
reprogramming to that project pursuant to section 101 of this
Act.
Sec. 103. None of the funds in this Act, or previous Acts,
making funds available for Energy and Water Development, shall
be used to implement any pending or future competitive sourcing
actions under OMB Circular A-76 or High Performing
Organizations for the U.S. Army Corps of Engineers.
Sec. 104. None of the funds appropriated in this or any other
Act shall be used to demonstrate or implement any plans
divesting or transferring any Civil Works missions, functions,
or responsibilities of the United States Army Corps of
Engineers to other government agencies without specific
direction in a subsequent Act of Congress.
Sec. 105. Within 90 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.
Sec. 106. Water Reallocation, Lake Cumberland, Kentucky. (a)
In General.--Subject to subsection (b), none of the funds made
available by this Act may be used to carry out any water
reallocation project or component under the Wolf Creek Project,
Lake Cumberland, Kentucky, authorized under the Act of June 28,
1938 (52 Stat. 1215, ch. 795) and the Act of July 24, 1946 (60
Stat. 636, ch. 595).
(b) Existing Reallocations.--Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
Sec. 107. Using amounts available in the Revolving Fund, the
Secretary of the Army is authorized to construct a new
Environmental Laboratory and improvements to the Information
Technology Laboratory at the Engineer Research and Development
Center in Vicksburg, Mississippi: Provided, That the Secretary
shall ensure that the Revolving Fund is appropriately
reimbursed from appropriations of the Corps' benefiting
programs by collection each year of amounts sufficient to repay
the capitalized cost of such construction and improvements.
Sec. 108. Notwithstanding section 729 of the Water Resources
Development Act of 1986, as amended (33 U.S.C. 2267a), the
Secretary shall credit toward the non-Federal share of the cost
of the Rio Grande Basin Watershed Study, New Mexico, Colorado
and Texas, the cost of in-kind services contributed by the New
Mexico Interstate Stream Commission for the Study up to the
full amount of the required non-Federal share, in accordance
with the Agreement between the Commission and the Department of
the Army dated December 3, 2001 as modified on January 14,
2002.
Sec. 109. Section 121 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256)
is amended by striking subsection (a) and inserting the
following:
``(a) The Secretary of the Army may carry out and fund
planning studies, watershed surveys and assessments, or
technical studies at 100 percent Federal expense to accomplish
the purposes of the 2003 Biological Opinion described in
section 205(b) of the Energy and Water Development
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2949)
as amended by subsection (b) and the collaborative program
long-term plan. In carrying out a study, survey, or assessment
under this subsection, the Secretary of the Army shall consult
with Federal, State, tribal and local governmental entities, as
well as entities participating in the Middle Rio Grande
Endangered Species Collaborative Program referred to in section
205 of this Act: Provided, That the Secretary of the Army may
also provide planning and administrative assistance to the
Middle Rio Grande Endangered Species Collaborative Program,
which shall not be subject to cost sharing requirements with
non-Federal interests.''.
Sec. 110. The Secretary of the Army, acting through the Chief
of Engineers, is directed to convey at no cost, lands to Tate
County School District, Tate County, Mississippi, the transfer
of any real property interests, not to exceed 50 acres, at
Arkabutla Lake deemed available by the Army that is located
adjacent to school district property in the vicinity of State
Highway 306 west of Coldwater, Mississippi. Such transfer shall
be subject to the reservation of any required flowage easements
for the operation of Arkabutla Lake and which preclude
structures for human habitation. This property shall be used by
the Tate County School District for public educational
purposes.
Sec. 111. Section 594 of the Water Resources Development Act
of 1999 is amended by striking ``SEC. 594. OHIO.'' and
inserting in lieu thereof ``SEC. 594. OHIO AND NORTH DAKOTA.''
and in (a) strike ``Ohio.'' and insert in lieu thereof ``Ohio
and North Dakota.'' and in (b) strike ``Ohio,'' and insert in
lieu thereof ``Ohio and North Dakota,'' and in (h) strike
``$240,000,000.'' and insert in lieu thereof ``$240,000,000 for
Ohio and $100,000,000 for North Dakota.''.
Sec. 112. The Secretary of the Army, acting through the Chief
of Engineers, is directed and authorized to conduct
preconstruction engineering and design activities at full
Federal expense for the Kahuku Storm Damage Reduction Project,
Oahu, Hawaii, which includes interior drainage and related
improvements to be constructed on lands that may include
Federal land, the cost of the preconstruction, engineering, and
design activities shall be included in total project costs to
be cost shared at the rate of 65 percent Federal and 35 percent
non-Federal, as a part of construction and the Decision
Document contents shall be limited to a design analysis and
supporting NEPA documentation for drainage improvements.
Sec. 113. Section 227 of Public Law 104-303 is amended in
section 5(a) by striking ``7'', and inserting ``12'' in lieu
thereof.
Sec. 114. All budget documents and justification materials
for the Corps of Engineers annual budget submission to Congress
shall be assembled and presented based on the most recent
annual appropriations Act: Provided, That new budget proposals
for fiscal year 2008 and thereafter, shall not be integrated
into the budget justifications submitted to Congress but shall
be submitted separately from the budget justifications
documents.
Sec. 115. The Secretary of the Army acting through the Chief
of Engineers is directed to plan, design, and construct a rural
health care facility on the Fort Berthold Indian Reservation of
the Three Affiliated Tribes, North Dakota, at an estimated
Federal cost of $20,000,000. The Secretary shall transfer this
facility to the Secretary of the Interior for operation and
maintenance upon the completion of construction.
Sec. 116. The last sentence of section 215(a) of the Flood
Control Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by
striking ``$5,000,000'' and inserting ``$7,000,000''.
Sec. 117. Johnson Creek, Arlington, Texas. (a) In General.--
The project for flood damage reduction, environmental
restoration and recreation, Johnson Creek, Arlington, Texas,
authorized by section 101(b)(14) of the Water Resources
Development Act of 1999 (113 Stat. 280-281) is modified to
authorize the Secretary to construct the project substantially
in accordance with the report entitled Johnson Creek: A Vision
of Conservation, dated March 30, 2006, at a total cost of
$80,000,000, with an estimated Federal cost of $52,000,000 and
an estimated non-Federal cost of $28,000,000 if the Secretary
determines that the project is technically sound and
environmentally acceptable.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of
the project may be provided in cash or in the form of
in-kind services or materials.
(2) Credit and reimbursement.--The Secretary shall
credit toward the non-Federal share of the cost of the
project the cost of planning, design, and construction
work carried out by the non-Federal interest for
implementation of the project, if the Secretary
determines that the work is integral to the project.
Subject to the availability of funds, the non- Federal
interest shall be reimbursed for costs incurred by the
non-Federal interest that exceed the non-Federal share
of project costs.
(c) Conforming Amendment.--Section 134 of the Energy and
Water Development Appropriations Act, 2006 (119 Stat. 2264) and
section 5143 of the Water Resources Development Act of 2007,
(Public Law 110-114) are repealed.
Sec. 118. The Secretary is authorized and directed to
reimburse local governments for expenses they have incurred in
storm-proofing pumping stations, constructing safe houses for
operators, and other interim flood control measures in and
around the New Orleans metropolitan area, provided the
Secretary determines those elements of work and related
expenses to be integral to the overall plan to ensure
operability of the stations during hurricanes, storms and high
water events and the flood control plan for the area.
Sec. 119. Section 219(f) of the Water Resources Development
Act of 1992 (Public Law 102-580, 106 Stat. 4835 et seq.), as
amended, is further amended by striking subsection ``(71)
Coronado, California'', in its entirety and inserting the
following:
``(71) Coronado, california.
``(A) $10,000,000 is authorized for
wastewater infrastructure, Coronado,
California.
``(B) The Federal Share may be in the form of
grants or reimbursements of project costs
incurred by the non-Federal sponsor for work
performed by the non-Federal sponsor before or
after the execution of a project cooperation
agreement, if the Secretary determines that
such work is integral to the project.
``(C) The Secretary is authorized to credit
towards the non-Federal share of project costs
the costs incurred by the non-Federal sponsor
for work performed by the non-Federal sponsor
before or after the execution of a project
cooperation agreement, if the Secretary
determines that such work is integral to the
project.''
Sec. 120. Navajo Reservation, Arizona, New Mexico, and
Utah.--Section 520(b) of the Water Resources Development Act of
1999 (Public Law 106-53; 113 Stat. 345) is amended by inserting
after the second sentence ``The local match for the funds
appropriated for flood plain delineation on the Navajo
reservation in Arizona, New Mexico, and Utah may be provided as
in-kind services.''.
Sec. 121. The Secretary of the Army may, under such terms and
conditions as the Secretary deems appropriate, contract with
any public or private entity to provide visitor reservation
services. Any such contract in effect on or after October 1,
2004, may provide that the contractor shall be permitted to
deduct a commission to be fixed by the Secretary from the
amount charged the public for providing such services and to
remit the net proceeds therefrom to the contracting agency.
Sec. 122. The project for flood control, Redwood River,
Marshall, Minnesota, authorized by section 401(a) of the Water
Resources Development Act of 1986 and modified by section 4(k)
of the Water Resources Development Act of 1988 is further
modified to authorize the Secretary to construct the project at
a total cost of $11,863,000, with an estimated first Federal
cost of $8,722,000 and an estimated first non-Federal cost of
$3,141,000.
Sec. 123. The project for St. John's Bayou and New Madrid
Floodway in the State of Missouri as authorized by subsection
(d) of the matter under the heading ``Lower Mississippi River''
under section 203 of the Flood Control Act of 1954 (68 Stat.
1258) and section 401(a) of the Water Resources Development Act
of 1986 (100 Stat. 4118), and as modified by section 331 of the
Water Resources Development Act of 1996 (110 Stat. 3658) as
described in the June 2002 Revised Supplemental Impact
Statement, as supplemented by the March 2006 Revised
Supplemental Environmental Impact Statement 2 for this project
is economically justified: Provided, That the levee closure and
gravity structure at the south end of the New Madrid Floodway
portion of the Project are part of the Mississippi River Levee
feature of the Mississippi River and Tributaries Project and
are not a separable element of that Project.
Sec. 124. Funds provided in title V, chapter 3 of Public Law
110-28 under the heading ``Construction'' may be used for
restoration of shore protection projects in New Jersey damaged
by the same meteorological events that resulted in Presidential
Disaster Declaration FEMA-1694-DR.
Sec. 125. The project for flood control, Cedar Hammock (Wares
Creek), Florida, authorized by section 101(a)(10) of Public Law
104-303 (110 Stat. 3664), is modified to authorize the
Secretary to construct the project at a total cost of
$42,600,000.
Sec. 126. Section 156 of Public Law 108-137 is amended by
inserting ``or reimburse'' after ``non-Federal share of the
cost of the project'' in paragraphs (2) and (3).
Sec. 127. Notwithstanding any other provision of law, the
requirements regarding the use of continuing contracts under
the authority of section 206 of the Water Resources Development
Act of 1999 (33 U.S.C. 2331) shall apply only to projects
funded under the Operation and Maintenance account and the
Operation and Maintenance subaccount of the Mississippi River
and Tributaries account.
Sec. 128. Section 3020 of the Water Resources Development Act
of 2007, Public Law 110-114, is amended by inserting ``or
after'' following the word ``before''.
Sec. 129. Notwithstanding provisions of 42 U.S.C. 2011 et
seq. and 42 U.S.C. 7901 et seq. the U.S. Army Corps of
Engineers shall have the authority to arrange disposal of waste
materials from the Maywood, New Jersey, Formerly Utilized Sites
Remedial Action Program (FUSRAP) site at off-site facilities
permitted to accept such waste materials under subtitle C of
the Resource Conservation and Recovery Act (42 U.S.C. 6921 et
seq.). FUSRAP waste materials from the Maywood site may be, but
shall not be required to be, disposed at sites licensed under
the Atomic Energy Act (42 U.S.C. 2011 et seq.).
Sec. 130. American and Sacramento Rivers, California. Section
101(a)(1)(B) of the Water Resources Development Act of 1996
(Public Law 104-303: 110 Stat. 3662) is modified to read as
follows:
``(B) Credit toward non-federal share.--The
non-Federal interest shall receive credit
toward the non-Federal share of project costs
for expenses that the non-Federal interest
incurs for design or construction of any
authorized project feature, including credit
for work commenced before the date of execution
of a cooperation agreement for the affected
feature. The amount of the credit shall be
determined by the Secretary.''.
Sec. 131. White River Navigation to Batesville, Arkansas. The
project for navigation, White River Navigation to Batesville,
Arkansas, as authorized in Public Law 99-662 is amended to
extend the project from mile 255, near Newport, Arkansas, to
approximately mile 296, near Batesville, Arkansas; to include a
harbor at Batesville, Arkansas; and environmental restoration
within the White River Basin including Federally owned lands.
Sec. 132. Landfills Used for Certain Waste. (a) In General.--
The funding prohibition set forth in section 103 of the Energy
and Water Development Appropriations Act, 2006 shall not apply
to the construction or expansion of any landfill in the
Muskingum River watershed if--
(1) the landfill is used solely for the disposal of--
(A) wastes generated from the combustion or
gasification of coal,
(B) wastes consisting of byproducts from
pollution control technology installed to
comply with the Clean Air Act, or
(C) both of such types of wastes.
(2) the landfill is owned by the waste generator or
any affiliated person, and
(3) the facility at which the wastes are generated is
located in the same watershed as the landfill.
(b) Definitions.--For purposes of this section:
(1) The term ``affiliated person'' means any person
who, directly or indirectly, owns or controls the waste
generator, is owned or controlled by the waste
generator, or is under common ownership or control with
the waste generator.
(2) The term ``Muskingum River watershed'' shall mean
the area within the watershed of the Muskingum River,
as delineated by the Secretary of the Army, acting
through the Chief of Engineers.
Sec. 133. Conveyance to Story County, Iowa. Not later than
180 days after the date of enactment of this Act, the Chief of
the Army Corps of Engineers shall convey to Story County, Iowa,
without consideration, all rights, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 197 acres
originally proposed for the Skunk River Reservoir, located
between Ames, Iowa, and Story City, Iowa.
Sec. 134. None of the funds provided herein may be used to
implement any new water control manuals for the Apalachicola-
Chattahootchee-Flint and Alabama-Coosa-Tallapoosa river
systems: Provided, That in updating the water control manuals
the Secretary of the Army, acting through the Chief of
Engineers is directed to provide the following information by
September 30, 2008:
(1) an estimate of the amount of withdrawals from
each respective river basin for entities withdrawing
one million gallons per day or more over the preceding
60 months;
(2) a flow data set for the respective river basin
updated through the most recently completed calendar
year;
(3) an estimated projection of total water usage in
the respective basins over the next 25 years.
Sec. 135. Title II, chapter 3 of Public Law 109-234 under the
heading ``Construction'' is modified by striking
``construction: Provided,'' and inserting in lieu thereof ``:
Provided, That the Secretary of the Army, in implementing
projects and measures in the New Orleans metropolitan area
required to achieve certification for participation in the
National Flood Insurance Program as directed in Public Law 109-
234 shall include all authorized features of the Southeast
Louisiana Flood Control project and related internal pumping
requirements as integral elements of the comprehensive
protection system for the area and shall complete all
authorized work for the Southeast Louisiana project
concurrently and integrally with other area projects: Provided
further,''.
Sec. 136. Utilizing funds appropriated under Alaska Coastal
Erosion or other available funds, the Secretary of the Army,
acting through the Chief of Engineers, is directed to prepare a
preliminary action plan for any community that requests
assistance pursuant to section 117, as contained in title I,
division C of Public Law 108-447: Provided, That the
preliminary action plan pursuant to this authority shall be
presented to the Assistant Secretary of the Army (Civil Works)
and the Alaska Congressional Delegation not later than 90 days
after the initial request from the community: Provided further,
That the preliminary action plan will recommend the most
appropriate course of action (relocation or erosion
stabilization), including a preliminary cost estimate and, at a
minimum, the first year funding requirements: Provided further,
That if the Alaska District is unable to comply with this
reporting requirement, the District shall provide written
notification to the Assistant Secretary of the Army (Civil
Works) and the Alaska Congressional Delegation within 30 days
of the community assistance request explaining why they are
unable to comply.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $41,380,000, to remain available until
expended, of which $976,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior,
$1,620,000, to remain available until expended.
For fiscal year 2008, the Commission may use an amount not to
exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, federally recognized Indian tribes, and
others, $949,882,000, to remain available until expended, of
which $60,258,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $26,787,000 shall be available
for transfer to the Lower Colorado River Basin Development
Fund; of which such amounts as may be necessary may be advanced
to the Colorado River Dam Fund; of which not more than $500,000
is for high priority projects which shall be carried out by the
Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased
within the overall appropriation under this heading: Provided
further, That of the total appropriated, the amount for program
activities that can be financed by the Reclamation Fund or the
Bureau of Reclamation special fee account established by 16
U.S.C. 460l-6a(i) shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are available
until expended for the same purposes as the sums appropriated
under this heading: Provided further, That funds available for
expenditure for the Departmental Irrigation Drainage Program
may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis: Provided further, That
funds provided for the Friant-Kern and Madera Canals
improvements may be expended on a non-reimbursable basis:
Provided further, That $2,952,000 of the funds appropriated
under this heading shall be deposited in the San Gabriel Basin
Restoration Fund established by section 110 of title I of
appendix D of Public Law 106-554.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $59,122,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water for
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior,
$40,098,000, to remain available until expended, of which such
amounts as may be necessary to carry out such activities may be
transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided
further, That the use of any funds provided to the California
Bay-Delta Authority for program-wide management and oversight
activities shall be subject to the approval of the Secretary of
the Interior: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
POLICY AND ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation,
to remain available until expended, $58,811,000, to be derived
from the Reclamation Fund and be nonreimbursable as provided in
43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or
functions budgeted as policy and administration expenses:
Provided further, That, of the funds provided under this
heading, $10,000,000 shall be transferred to ``Water and
Related Resources'' upon the expiration of the 60-day period
following the date of enactment of this Act if, during such
period, the Secretary of the Interior has not submitted to the
Committees on Appropriations of the House of Representatives
and the Senate the Bureau of Reclamation's five-year budget
plan.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 14 passenger motor
vehicles, which are for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and
the costs of the San Joaquin Valley Drainage Program shall be
classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program-Alternative Repayment Plan'' and the
``SJVDP-Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New Mexico
unless said purchase or lease is in compliance with the
purchase requirements of section 202 of Public Law 106-60.
Sec. 203. Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation.
Sec. 204. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to
enter into grants, cooperative agreements, and other agreements
with irrigation or water districts and States to fund up to 50
percent of the cost of planning, designing, and constructing
improvements that will conserve water, increase water use
efficiency, or enhance water management through measurement or
automation, at existing water supply projects within the States
identified in the Act of June 17, 1902, as amended, and
supplemented: Provided, That when such improvements are to
federally owned facilities, such funds may be provided in
advance on a non-reimbursable basis to an entity operating
affected transferred works or may be deemed non-reimbursable
for non-transferred works: Provided further, That the
calculation of the non-Federal contribution shall provide for
consideration of the value of any in-kind contributions, but
shall not include funds received from other Federal agencies:
Provided further, That the cost of operating and maintaining
such improvements shall be the responsibility of the non-
Federal entity: Provided further, That this section shall not
supercede any existing project-specific funding authority:
Provided further, That the Secretary is also authorized to
enter into grants or cooperative agreements with universities
or non-profit research institutions to fund water use
efficiency research.
Sec. 205. (a) Section 209 of the Energy and Water Development
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850)
is repealed.
(b) The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall establish an Executive
Committee of the Middle Rio Grande Endangered Species
Collaborative Program (referred to in this section as the
``Executive Committee'') consistent with the bylaws of the
Middle Rio Grande Endangered Species Collaborative Program
adopted on October 2, 2006.
(c) In compliance with applicable Federal and State laws, the
Secretary (acting through the Commissioner of Reclamation), in
collaboration with the Executive Committee, may enter into any
grants, contracts, cooperative agreements, interagency
agreements, or other agreements that the Secretary determines
to be necessary to comply with the 2003 Biological Opinion
described in section 205(b) of the Energy and Water Development
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2949)
as amended by section 121(b) of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2256) or in furtherance of the objectives set forth in
the collaborative program long-term plan.
(d)(1) The acquisition of water under subsection (c) and any
administrative costs associated with carrying out subsection
(c) shall be at full Federal expense.
(2) Not more than 15 percent of amounts appropriated to carry
out subsection (c) shall be made available for the payment of
administrative expenses associated with carrying out that
subsection.
(e)(1) The non-Federal share of activities carried out under
subsection (c) (other than an activity or a cost described in
subsection (d)(1)) shall be 25 percent. The non-Federal cost
share shall be determined on a programmatic, rather than a
project-by-project basis.
(2) The non-Federal share required under paragraph (1) may be
in the form of in-kind contributions, the value of which shall
be determined by the Secretary in consultation with the
executive committee.
(f) Nothing in this section modifies or expands the
discretion of the Secretary with respect to operating reservoir
facilities under the jurisdiction of the Secretary in the Rio
Grande Valley, New Mexico.
Sec. 206. In furtherance of section 529 of Public Law 106-
541, the Secretary of the Interior shall continue to
participate in implementation of the Project at Las Vegas Wash
and Lake Mead in accordance with the Plan, and may provide
grants to the Southern Nevada Water Authority to carry out the
implementation of the Project at Las Vegas Wash and Lake Mead
in accordance with the Plan: Provided, That issuance of any
such grants shall not modify the cost sharing requirements
provided in section 529(b) of Public Law 106-541.
Sec. 207. In carrying out section 2507 of Public Law 107-171,
the Secretary of the Interior, acting through the Commissioner
of Reclamation, shall use $2,000,000 to provide grants, to be
divided equally, to the State of Nevada and the State of
California to implement the Truckee River Settlement Act,
Public Law 101-618.
Sec. 208. (a) Notwithstanding any other provision of law, of
amounts made available under section 2507 of the Farm Security
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public
Law 107-171), the Secretary of the Interior--
(1) acting through the Commissioner of Reclamation,
shall use--
(A) subject to subsection (b), $3,000,000 for
activities necessary to convey to the State of
Nevada the land known as the ``Carson Lake and
Pasture'', as authorized by section 206(e) of
the Truckee-Carson-Pyramid Lake Water Rights
Settlement Act (Public Law 101-618: 104 Stat.
3311);
(B) $10,000,000 for the removal of the Numana
Dam and other obsolete irrigation structures
located on the Pyramid Lake Paiute Reservation
for the benefit of the Pyramid Lake Paiute
Tribe because of their status as Indians;
(C) in consultation with the Corps of
Engineers, as applicable, $5,000,000 to study
and prepare plans for the development and
construction of a pipeline to convey water from
Dixie Valley to Churchill County, Nevada;
(D) $10,000,000 for--
(i) design and construction of the
Derby Dam fish screen to allow passage
of fish, including the cui-ui and
Lahontan cutthroat trout; and
(ii) any improvements to Derby Dam
necessary to make the fish screen
operable;
(E) $6,000,000 for the acquisition of not
more than 4 small hydroelectric power plants
from the Sierra Pacific Power Company to
improve water allocation and fish passage in
the Truckee River; and
(F) $6,000,000 for Lower Truckee River
restoration projects identified by the cities
of Reno and Sparks, Nevada, and Washoe County,
Nevada;
(2) shall allocate $9,000,000 to a nonprofit
conservation organization, acting in consultation with
the Truckee Meadows Water Authority, for--
(A) the acquisition of land surrounding
Independence Lake; and
(B) protection of the native fishery and
water quality of Independence Lake;
(3) shall allocate $1,000,000 to the Summit Lake
Paiute Tribe to plan and complete restoration efforts
at the Summit Lake in Northern Washoe County, Nevada,
for the benefit of the Tribe because of their status as
Indians;
(4) shall allocate $3,000,000 to the Newlands Project
Water Rights Fund for a Federal-State-Pyramid Lake
Paiute Tribe program, to be administered by an entity
identified by the 3 applicable parties, for the
retirement of water rights pursuant to the Truckee-
Carson-Pyramid Lake Water Rights Settlement Act (Public
Law 101-618: 104 Stat. 3311);
(5) shall allocate $2,500,000 to the United States
Fish and Wildlife Service to analyze, in cooperation
and consultation with external experts, the impacts of
low water flows on reproduction at the Walker Lake
fishery, including an analysis of methods to prevent
permanent effects on the fishery from low water flows;
(6) shall allocate $4,000,000 to the State of Nevada
to prepare watershed inventories, with a particular
focus on the Walker and Carson River Basins;
(7) shall allocate $5,000,000 for joint planning and
development activities for water, wastewater, and sewer
facilities by the city of Fernley, Nevada, and the
Pyramid Lake Paiute Tribe;
(8) shall allocate $500,000 for the Walker River
Paiute Tribe for legal and professional services in
support of settling tribal water claims in the Walker
River Basin and to Walker Lake;
(9) shall allocate $1,000,000 to the Walker River
Irrigation District--
(A) to plan and implement a weed control
program to improve conveyance efficiency of
water controlled by the Irrigation District;
and
(B) to make improvements to water gauges
controlled by the Irrigation District to
enhance the water monitoring activities of the
Irrigation District; and
(10) shall allocate $250,000 to Churchill County,
Nevada, to provide testing of groundwater wells.
(b)(1) The Secretary shall achieve compliance with all
applicable Federal laws (including regulations) relating to the
conveyance of the Carson Lake and Pasture to the State of
Nevada as described in subsection (a)(1)(A) by not later than
June 30, 2010.
(2) Any amounts made available to carry out the conveyance
described in subsection (a)(1)(A) but not expended for that
purpose shall be made available to the State of Nevada to
supplement funds provided under section 217(a)(1) of the Energy
and Water Development Appropriations Act, 2004 (Public Law 108-
137; 117 Stat. 1852), to purchase water rights from willing
sellers and to make necessary improvements to benefit the
Carson Lake and Pasture.
Sec. 209. Section 10(a) of the Mni Wiconi Project Act of 1988
(Public Law 100-516; 102 Stat. 2571; 116 Stat. 3033) is amended
in the second sentence by striking ``2008'' and inserting
``2013''.
Sec. 210. Inland Empire and Cucamonga Valley Recycling
Projects. The Reclamation Wastewater and Groundwater Study and
Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h
et seq.) is amended by adding at the end the following:
``SEC. 16__. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Inland Empire Utilities Agency, may participate in the design,
planning, and construction of the Inland Empire regional water
recycling project described in the report submitted under
section 1606(c).
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25 percent
of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not
be used for operation and maintenance of the project described
in subsection (a).''
(a) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $20,000,000.
``SEC. 16__. CUCAMONGA VALLEY WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Cucamonga Valley Water District, may participate in the design,
planning, and construction of the Cucamonga Valley Water
District satellite recycling plants in Rancho Cucamonga,
California, to reclaim and recycle approximately 2 million
gallons per day of domestic wastewater.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25 percent
of the capital cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not
be used for operation and maintenance of the project described
in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000.
``(e) Sunset of Authority.--The authority of the Secretary to
carry out any provisions of this section shall terminate 10
years after the date of the enactment of this section.''.
(c) Conforming Amendments.--The table of sections in section
2 of Public Law 102-575 is amended by inserting after the last
item the following:
``16__. Inland Empire Regional Water Recycling Program.
``16__. Cucamonga Valley Water Recycling Project.''.
Sec. 211. Prior to the unilateral termination or removal of
cabin or trailer sites on Bureau of Reclamation lands in North
Dakota for the purpose of changing land use, the Secretary of
the Interior is directed to submit a report describing the
action to the Committee on Energy and Natural Resources, United
States Senate and the Committee on Natural Resources, United
States House of Representatives and the House and Senate
Committees on Appropriations: Provided, That the Secretary
shall not move forward with the proposed action until 60 days
after the report is submitted to the Committee Chairmen.
Sec. 212. Section 3507(b) of Public Law 102-575 (106 Stat.
4600) is amended by striking ``$4,660,000'' and inserting
``$12,660,000''.
Sec. 213. Authority to Extend Water Contract. The Secretary
of the Interior may extend the water contract 14-06-600-3593,
as amended, between the United States and the East Bench
Irrigation District for water services, until the earlier of--
(1) the expiration of the 2-year period beginning on
the date on which the contract would expire but for
this section; or
(2) the date on which a new long-term water contract
is executed by the parties to the contract listed in
subsection (b).
Sec. 214. Southern California Desert Region Integrated Water
and Economic Sustainability Plan. (a) In General.--The
Reclamation Wastewater and Groundwater Study and Facilities Act
(Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is
amended by adding at the end the following new section:
``SEC. 16__. SOUTHERN CALIFORNIA DESERT REGION INTEGRATED WATER AND
ECONOMIC SUSTAINABILITY PLAN.
``(a) Authorization.--The Secretary, in cooperation with the
Mojave Water Agency is authorized to participate in the design,
planning, and construction of projects to implement the `Mojave
Water Agency's Integrated Regional Water Management Plan'.
``(b) Cost Share.--The Federal share of the costs of the
projects authorized by this section shall not exceed 25 percent
of the total cost.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.''.
(b) Conforming Amendment.--The table of sections in section 2
of Public Law 102-575 is amended by inserting after the last
item relating to title XVI the following:
``16__. Southern California desert region integrated water and economic
sustainability plan.''.
(c) Limitation.--The Secretary shall not provide funds for
the operation or maintenance of a project authorized by this
section.
(d) Credits Toward Non-Federal Share.--For purposes of
subparagraph (b) the Secretary shall credit the Mojave Water
Agency with the value of all expenditures made prior to the
date of the enactment of this Act that are used toward
completion of projects that are compatible with this section.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $1,739,541,000, to remain available
until expended: Provided, That the Secretary is directed to
make fiscal year 2008 weatherization funding available from
October 1, 2007, through March 31, 2009, for States that submit
plans requesting allocations for all or part of this period:
Provided further, That the funds provided for Federal technical
assistance and training are intended to be used exclusively to
support the effective delivery of weatherization services as
set forth in statute and applicable regulations: Provided
further, That any change in program implementation should be
proposed to Congress in the Department's budget submission and
not implemented before congressional approval is obtained.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $140,000,000, to remain available
until expended.
NUCLEAR ENERGY
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 20 passenger motor
vehicles for replacement only, including one ambulance,
$970,525,000, to remain available until expended: Provided,
That $233,849,000 is authorized to be appropriated for Project
99-D-143 Mixed Oxide (MOX) Fuel Fabrication Facility, Savannah
River Site, South Carolina: Provided further, That the
Department of Energy adhere strictly to Department of Energy
Order 413.3A for Project 99-D-143.
Legacy Management
For Department of Energy expenses for Legacy Management
activities, $34,183,000, to remain available until expended.
Clean Coal Technology
(INCLUDING DEFERRAL AND TRANSFER OF FUNDS)
Of the funds made available under this heading for obligation
in prior years, $149,000,000 shall not be available until
October 1, 2008: Provided, That funds made available in
previous appropriations Acts shall be made available for any
ongoing project regardless of the separate request for proposal
under which the project was selected: Provided further, That
$166,000,000 of uncommitted balances are transferred to Fossil
Energy Research and Development to be used until expended.
Fossil Energy Research and Development
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out fossil energy research
and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for
plant or facility acquisition or expansion, and for the hire of
passenger motor vehicles, the hire, maintenance, and operation
of aircraft, the purchase, repair, and cleaning of uniforms,
the reimbursement to the General Services Administration for
security guard services, and for conducting inquiries,
technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances
without objectionable social and environmental costs (30 U.S.C.
3, 1602, and 1603), $750,000,000, to remain available until
expended, of which $166,000,000 shall be derived by transfer
from ``Clean Coal Technology'': Provided further, That funds
appropriated for prior solicitations under the Clean Coal
Technology Program, Power Plant Improvement Initiative, and
Clean Coal Power Initiative, but not required by the Department
to meet its obligations on projects selected under such
solicitations, may be utilized for the Clean Coal Power
Initiative Round III solicitation under this Act in accordance
with the requirements of this Act rather than the Acts under
which the funds were appropriated: Provided further, That no
project may be selected for which full funding is not available
to provide for the total project: Provided further, That
financial assistance for costs in excess of those estimated as
of the date of award of original Clean Coal Power Initiative
financial assistance may not be provided in excess of the
proportion of costs borne by the Government in the original
agreement and shall be limited to 25 percent of the original
financial assistance: Provided further, That at least 50
percent cost-sharing shall be required in each budget period of
a project: Provided further, That in accordance with section
988(e) of Public Law 109-58, repayment of the DOE contribution
to a project shall not be a condition of making an award under
this solicitation: Provided further, That no part of the sum
herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas: Provided
further, That in this Act and future Acts, up to 4 percent of
program direction funds available to the National Energy
Technology Laboratory may be used to support Department of
Energy activities not included in this Fossil Energy account:
Provided further, That in this Act and future Acts, the
salaries for Federal employees performing research and
development activities at the National Energy Technology
Laboratory can continue to be funded from any appropriate DOE
program accounts: Provided further, That revenues and other
moneys received by or for the account of the Department of
Energy or otherwise generated by sale of products in connection
with projects of the Department appropriated under the Fossil
Energy Research and Development account may be retained by the
Secretary of Energy, to be available until expended, and used
only for plant construction, operation, costs, and payments to
cost-sharing entities as provided in appropriate cost-sharing
contracts or agreements.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, including the hire of passenger motor
vehicles, $20,472,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law,
unobligated funds remaining from prior years shall be available
for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), including the
hire of passenger motor vehicles, the hire, maintenance, and
operation of aircraft, the purchase, repair, and cleaning of
uniforms, and the reimbursement to the General Services
Administration for security guard services, $188,472,000, to
remain available until expended, of which $25,000,000 shall be
provided to carry out new site land acquisition activities
consistent with the budget request.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the
Energy Policy and Conservation Act, $12,448,000, to remain
available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the
Energy Information Administration, $96,337,000, to remain
available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
three passenger motor vehicles for replacement only,
$183,937,000, to remain available until expended: Provided,
That $13,000,000 is appropriated for environmental remediation
activities associated with the Energy Technology and
Engineering Center (ETEC) at the Santa Susana Field Laboratory
(SSFL), subject to the following: (1) the Department shall use
a portion of this funding to enter into an interagency
agreement with the Environmental Protection Agency to conduct a
joint comprehensive radioactive site characterization of Area
IV of the SSFL; (2) the Department shall ensure that all
aspects of the cleanup of radioactive contamination at Area IV
of the SSFL comply fully with the Comprehensive Environmental
Response, Compensation and Liability Act, if applicable; and
(3) the Department shall retain Federal control of ETEC and it
shall not be released for other use until such time as the
Department has complied with actions directed in subsections
(1) and (2).
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions,
and other activities of title II of the Atomic Energy Act of
1954, as amended, and title X, subtitle A, of the Energy Policy
Act of 1992, $627,876,000, to be derived from the Fund, to
remain available until expended, of which $20,000,000 shall be
available in accordance with title X, subtitle A, of the Energy
Policy Act of 1992.
Science
(INCLUDING RESCISSION OF FUNDS)
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or facility or for plant or
facility acquisition, construction, or expansion, and purchase
of not to exceed 30 passenger motor vehicles for replacement
only, $4,055,483,000, to remain available until expended:
Provided, That of the funds made available in section 130 of
division H (Miscellaneous Appropriations and Offsets) of the
Consolidated Appropriations Act, 2004, Public Law 108-199, as
amended by section 315 of Public Law 109-103, for the
Coralville, Iowa, project, $44,569,000 is rescinded.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended (the ``Act''), including the acquisition of
real property or facility construction or expansion,
$189,000,000, to remain available until expended, and to be
derived from the Nuclear Waste Fund: Provided, That of the
funds made available in this Act for Nuclear Waste Disposal,
$5,000,000 shall be provided to the State of Nevada solely for
expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities and
participate in licensing activities pursuant to the Act:
Provided further, That notwithstanding the lack of a written
agreement with the State of Nevada under section 117(c) of the
Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended, not less than $1,000,000 shall be provided to Nye
County, Nevada, for on-site oversight activities under section
117(d) of that Act: Provided further, That $9,000,000 shall be
provided to affected units of local government, as defined in
the Act, to conduct appropriate activities and participate in
licensing activities: Provided further, That of the $9,000,000
provided, 7.5 percent of the funds provided shall be made
available to affected units of local government in California
with the balance made available to affected units of local
government in Nevada for distribution as determined by the
Nevada units of local government. This funding shall be
provided to affected units of local government, as defined in
the Act, to conduct appropriate activities and participate in
licensing activities. The Committee requires the entities to
certify that within 90 days of the completion of each Federal
fiscal year, the Nevada Division of Emergency Management and
the Governor of the State of Nevada and each of the affected
units of local government shall provide certification to the
Department of Energy that all funds expended from such payments
have been expended for the activities authorized by the Act and
this Act: Provided, That notwithstanding the provisions of
chapters 65 and 75 of title 31, United States Code, the
Department shall have no monitoring, auditing or other
oversight rights or responsibilities over amounts provided to
affected units of local government in this or any previous
year: Provided further, That the funds for the State of Nevada
shall be made available solely to the Nevada Division of
Emergency Management by direct payment and to units of local
government by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the Nevada
Division of Emergency Management and the Governor of the State
of Nevada and each of the affected units of local government
shall provide certification to the Department of Energy that
all funds expended from such payments have been expended for
activities authorized by the Act and this Act: Provided
further, That failure to provide such certification shall cause
such entity to be prohibited from any further funding provided
for similar activities: Provided further, That none of the
funds herein appropriated may be: (1) used directly or
indirectly to influence legislative action, except for normal
and recognized executive-legislative communications, on any
matter pending before Congress or a State legislature or for
lobbying activity as provided in 18 U.S.C. 1913; (2) used for
litigation expenses; or (3) used to support multi-State efforts
or other coalition building activities inconsistent with the
restrictions contained in this Act: Provided further, That all
proceeds and recoveries realized by the Secretary in carrying
out activities authorized by the Act, including but not limited
to, any proceeds from the sale of assets, shall be available
without further appropriation and shall remain available until
expended: Provided further, That no funds provided in this Act
or any previous Act may be used to pursue repayment or
collection of funds provided in any fiscal year to affected
units of local government for oversight activities that had
been previously approved by the Department of Energy, or to
withhold payment of any such funds.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE LOAN PROGRAM
For the cost of the guaranteed loans as authorized by section
1702(b)(2) of the Energy Policy Act of 2005, such sums as are
hereafter derived from amounts received from borrowers pursuant
to section 1702(b)(2) of that Act, to remain available until
September 30, 2009: Provided, That the source of such payment
received from borrowers is not a loan or other debt obligation
that is guaranteed by the Federal Government: Provided further,
That none of the funds made available in this or prior Acts
shall be available for the execution of a new solicitation with
respect to such guaranteed loans until 45 days after the
Department of Energy has submitted to the Committees on
Appropriations a loan guarantee implementation plan that
defines the proposed award levels and eligible technologies:
Provided further, That the Department shall not deviate from
such plan without 45 days prior notice to the Committees:
Provided further, That for necessary administrative expenses to
carry out this Loan Guarantee program, $5,500,000 is
appropriated, to remain available until expended: Provided
further, That fees collected pursuant to section 1702(h) of the
Energy Policy Act of 2005 shall be credited as offsetting
collections to this account, so as to result in a final fiscal
year 2008 appropriation from the general fund estimated at not
more than $0.
Departmental Administration
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses not
to exceed $30,000, $311,596,000, to remain available until
expended, plus such additional amounts as necessary to cover
increases in the estimated amount of cost of work for others
notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater
amount, to remain available until expended: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $161,818,000 in fiscal year 2008
may be retained and used for operating expenses within this
account, and may remain available until expended, as authorized
by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced by the amount of
miscellaneous revenues received during 2008, and any related
appropriated receipt account balances remaining from prior
years' miscellaneous revenues, so as to result in a final
fiscal year 2008 appropriation from the general fund estimated
at not more than $149,778,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $46,480,000, to remain available until
expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion; $6,355,633,000, to remain available
until expended: Provided, That $38,957,000 is authorized to be
appropriated for Project 06-D-140-05 (PED) Uranium Processing
Facility, Y-12 Plant, Oak Ridge, Tennessee: Provided further,
That $69,330,000 is authorized to be appropriated for Project
99-D-141 Pit Disassembly and Conversion Facility (PDCF),
Savannah River Site, South Carolina: Provided further, That
$74,809,000 is authorized to be appropriated for 04-D-125
Chemistry and Metallurgy facility replacement project, Los
Alamos, New Mexico: Provided further, That $10,000,000 is
authorized to be appropriated for Ion Beam Laboratory
refurbishment, Sandia National Laboratory, Albuquerque, New
Mexico: Provided further, That $14,846,000 is authorized to be
appropriated for Material Security and Consolidation project,
Idaho National Laboratory, Idaho.
Defense Nuclear Nonproliferation
(INCLUDING RESCISSIONS OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense, defense nuclear nonproliferation activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,673,275,000, to remain available until expended:
Provided, That $50,000,000 of such funds shall be available
until expended for the contribution of the United States to
create a low-enriched uranium stockpile for an International
Nuclear Fuel Bank supply of nuclear fuel for peaceful means
under the International Atomic Energy Agency: Provided further,
That $25,000,000 is authorized to be appropriated for Project
06-D-180 National Security Laboratory at the Pacific Northwest
National Laboratory, Richland, Washington: Provided further,
That of the funds made available under this heading in
appropriation Acts for fiscal year 2007 and prior fiscal years
for Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication
Facility, Savannah River Site, South Carolina, $115,000,000 are
rescinded: Provided further, That of the funds made available
under this heading in appropriation Acts for fiscal year 2007
and prior fiscal years for Russian Surplus Fissile Materials
Disposition, $57,000,000 are rescinded: Provided further, That
of the funds made available in the first paragraph under the
heading ``Atomic Energy Defense Activities--Other Defense
Activities'' in chapter 2 of title I of division B of Public
Law 105-277 and subsequently transferred by the Department of
Energy to the Defense Nuclear Nonproliferation program,
$150,000,000 are rescinded.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $781,800,000, to remain
available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in
the National Nuclear Security Administration, including
official reception and representation expenses not to exceed
$12,000, $405,987,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
three passenger motor vehicles for replacement only,
$5,398,573,000, to remain available until expended, of which
$463,000,000 shall be transferred to and deposited in the
``Uranium Enrichment Decontamination and Decommissioning
Fund''.
Other Defense Activities
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed twelve passenger motor vehicles for replacement
only, $761,290,000, to remain available until expended:
Provided, That of the funds provided under this heading in
Public Law 109-103, $4,900,000 are transferred to ``Weapons
Activities'' for special nuclear material consolidation
activities associated with safeguards and security.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $201,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Lower Granite Dam fish trap, the Kootenai River White Sturgeon
Hatchery, the Nez Perce Tribal Hatchery, Redfish Lake Sockeye
Captive Brood expansion, hatchery production facilities to
supplement Chinook salmon below Chief Joseph Dam in Washington,
Hood River Production Facility, Klickitat production expansion,
Mid-Columbia Coho restoration, and Yakama Coho restoration, and
in addition, for official reception and representation expenses
in an amount not to exceed $1,500. During fiscal year 2008, no
new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and
energy, including transmission wheeling and ancillary services
pursuant to section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the southeastern power area,
$6,463,000, to remain available until expended: Provided, That,
notwithstanding the provisions of 31 U.S.C. 3302, beginning in
fiscal year 2008 and thereafter, such funds as are received by
the Southeastern Power Administration from any State,
municipality, corporation, association, firm, district, or
individual as advance payment for work that is associated with
Southeastern's Operations and Maintenance, consistent with that
authorized in section 5 of the Flood Control Act of 1944, shall
be credited to this account and be available until expended:
Provided further, That, notwithstanding 31 U.S.C. 3302, up to
$48,413,000 collected by the Southeastern Power Administration
pursuant to the Flood Control Act of 1944 to recover purchase
power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and
energy, for construction and acquisition of transmission lines,
substations and appurtenant facilities, and for administrative
expenses, including official reception and representation
expenses in an amount not to exceed $1,500 in carrying out
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power administration, $30,442,000,
to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 3302, up to $35,000,000 collected by
the Southwestern Power Administration pursuant to the Flood
Control Act to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, including the
operation, maintenance, and purchase through transfer,
exchange, or sale of one helicopter for replacement only, and
official reception and representation expenses in an amount not
to exceed $1,500; $231,030,000, to remain available until
expended, of which $221,094,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That of
the amount herein appropriated, $7,167,000 is for deposit into
the Utah Reclamation Mitigation and Conservation Account
pursuant to title IV of the Reclamation Projects Authorization
and Adjustment Act of 1992: Provided further, That
notwithstanding the provision of 31 U.S.C. 3302, up to
$308,702,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation
Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,500,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of passenger
motor vehicles, and official reception and representation
expenses not to exceed $3,000, $260,425,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $260,425,000 of revenues
from fees and annual charges, and other services and
collections in fiscal year 2008 shall be retained and used for
necessary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2008 so as to result in a final
fiscal year 2008 appropriation from the general fund estimated
at not more than $0.
GENERAL PROVISIONS, DEPARTMENT OF ENERGY
Sec. 301. Contract Competition. (a) None of the funds in this
or any other appropriations Act for fiscal year 2008 or any
previous fiscal year may be used to make payments for a
noncompetitive management and operating contract, or a contract
for environmental remediation or waste management in excess of
$100,000,000 in annual funding at a current or former
management and operating contract site or facility, or award a
significant extension or expansion to an existing management
and operating contract, or other contract covered by this
section, unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-by-case
basis, a waiver to allow for such a deviation. The Secretary
may not delegate the authority to grant such a waiver.
(b) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in
section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
(c) Within 30 days of formally notifying an incumbent
contractor that the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and
Water Development of the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Subcommittees of the waiver and setting forth, in specificity,
the substantive reasons why the Secretary believes the
requirement for competition should be waived for this
particular award.
Sec. 302. Unfunded Requests for Proposals. None of the funds
appropriated by this Act may be used to prepare or initiate
Requests For Proposals (RFPs) for a program if the program has
not been funded by Congress.
Sec. 303. Workforce Restructuring. None of the funds
appropriated by this Act may be used to--
(1) develop or implement a workforce restructuring
plan that covers employees of the Department of Energy;
or
(2) provide enhanced severance payments or other
benefits for employees of the Department of Energy,
under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 42 U.S.C. 7274h).
Sec. 304. Section 3161 Assistance. None of the funds
appropriated by this Act may be used to augment the funds made
available for obligation by this Act for severance payments and
other benefits and community assistance grants under section
3161 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the
Department of Energy submits a reprogramming request to the
appropriate congressional committees.
Sec. 305. Unexpended Balances. The unexpended balances of
prior appropriations provided for activities in this Act may be
available to the same appropriation accounts for such
activities established pursuant to this title. Available
balances may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 306. Bonneville Power Authority Service Territory. None
of the funds in this or any other Act for the Administrator of
the Bonneville Power Administration may be used to enter into
any agreement to perform energy efficiency services outside the
legally defined Bonneville service territory, with the
exception of services provided internationally, including
services provided on a reimbursable basis, unless the
Administrator certifies in advance that such services are not
available from private sector businesses.
Sec. 307. User Facilities. When the Department of Energy
makes a user facility available to universities or other
potential users, or seeks input from universities or other
potential users regarding significant characteristics or
equipment in a user facility or a proposed user facility, the
Department shall ensure broad public notice of such
availability or such need for input to universities and other
potential users. When the Department of Energy considers the
participation of a university or other potential user as a
formal partner in the establishment or operation of a user
facility, the Department shall employ full and open competition
in selecting such a partner. For purposes of this section, the
term ``user facility'' includes, but is not limited to: (1) a
user facility as described in section 2203(a)(2) of the Energy
Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National
Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other Departmental
facility designated by the Department as a user facility.
Sec. 308. Intelligence Activities. Funds appropriated by this
or any other Act, or made available by the transfer of funds in
this Act, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2008 until the enactment of the Intelligence
Authorization Act for fiscal year 2008.
Sec. 309. Laboratory Directed Research and Development. Of
the funds made available by the Department of Energy for
activities at government-owned, contractor-operator operated
laboratories funded in this Act or subsequent Energy and Water
Development Appropriations Acts, the Secretary may authorize a
specific amount, not to exceed 8 percent of such funds, to be
used by such laboratories for laboratory-directed research and
development: Provided, That the Secretary may also authorize a
specific amount not to exceed 4 percent of such funds, to be
used by the plant manager of a covered nuclear weapons
production plant or the manager of the Nevada Site Office for
plant or site-directed research and development: Provided
further, That notwithstanding Department of Energy order
413.2A, dated January 8, 2001, beginning in fiscal year 2006
and thereafter, all DOE laboratories may be eligible for
laboratory directed research and development funding.
Sec. 310. Yield Rate. For fiscal year 2008, except as
otherwise provided by law in effect as of the date of this Act
or unless a rate is specifically set by an Act of Congress
thereafter, the Administrators of the Southeastern Power
Administration, the Southwestern Power Administration, and the
Western Area Power Administration, shall use the ``yield'' rate
in computing interest during construction and interest on the
unpaid balance of the costs of Federal power facilities. The
yield rate shall be defined as the average yield during the
preceding fiscal year on interest-bearing marketable securities
of the United States which, at the time the computation is
made, have terms of 15 years or more remaining to maturity.
Sec. 311. Use Permit. The Use Permit granted to the
contractor for activities conducted at the Pacific Northwest
National Laboratory by Agreement DE-GM05-00RL01831 between the
Department of Energy and the contractor shall continue in
effect during the term of the existing Operating Contract and
the extensions or renewals thereof and shall be incorporated
into any future management and operating contract for the
Pacific Northwest National Laboratory and such Use Permit may
not be waived, modified or terminated unless agreed to by both
contractor and the Department of Energy.
Sec. 312. (a) Across-the-Board Rescissions.--There is hereby
rescinded--
(1) from discretionary accounts in this title that
contain congressionally directed projects, an amount
equal to 1.6 percent of the budget authority provided
for fiscal year 2008 for such projects; and
(2) from all discretionary accounts in this title, an
amount equal to 0.91 percent of the other budget
authority provided for fiscal year 2008.
(b) Definitions.--For purposes of this section:
(1) The term ``congressionally directed project''
means a congressional earmark or congressionally
directed spending item specified in the list of such
earmarks and items for this division that is included
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act).
(2) The term ``other budget authority'' means an
amount equal to all discretionary budget authority,
less the amount provided for congressionally directed
projects.
(c) Proportionate Application to Other Programs, Projects,
and Activities.--Any rescission made by subsection (a)(2) shall
be applied proportionately--
(1) to each discretionary account; and
(2) within each such account, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying reports for the relevant fiscal year
covering such account).
(d) Report.--Within 30 days after the date of the enactment
of this section, the Secretary of Energy shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report specifying the account and amount of
each rescission made pursuant to this section.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, not withstanding 40 U.S.C. 14704, and, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal
share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $73,032,000, to remain available
until expended: Provided, That any congressionally directed
spending shall be taken from within that State's allocation in
the fiscal year in which it is provided.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $21,909,000, to remain available until expended.
Delta Regional Authority
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, as amended, notwithstanding sections
382C(b)(2), 382F(d), 382M, and 382N of said Act, $11,685,000,
to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $21,800,000, to remain available
until expended, notwithstanding the limitations contained in
section 306(g) of the Denali Commission Act of 1998.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, including official representation
expenses (not to exceed $25,000), $917,334,000, to remain
available until expended: Provided, That of the amount
appropriated herein, $29,025,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $771,220,000 in fiscal year 2008 shall
be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2008 so as to result in a final
fiscal year 2008 appropriation estimated at not more than
$146,114,000: Provided further, That such funds as are made
available for necessary expenses of the Commission by this Act
or any other Act may be used for lease payments for additional
office space provided by the General Services Administration
for personnel of the U.S. Nuclear Regulatory Commission as
close as reasonably possible to the Commission's headquarters
location in Rockville, Maryland, and of such square footage and
for such lease term, as are determined by the Commission to be
necessary to maintain the agency's regulatory effectiveness,
efficiency, and emergency response capability: Provided
further, That notwithstanding any other provision of law or any
prevailing practice, the rental square foot rate paid for the
lease of space for such purpose shall, to the extent necessary
to obtain the space, be based on the prevailing lease rates in
the immediate vicinity of the Commission's headquarters.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, as amended, $8,744,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $7,870,000 in fiscal year 2008 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2008 so as to result in a final fiscal year 2008 appropriation
estimated at not more than $874,000.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051,
$3,621,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal
Coordinator for Alaska Natural Gas Transportation Projects
pursuant to the Alaska Natural Gas Pipeline Act of 2004,
$2,261,000.
General Provision, Independent Agencies
Sec. 401. Section 2(f)(2) of the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831a(f)(2)) is amended by striking the
phrase ``stipend under paragraph (1)(A)(i)'' and inserting in
lieu thereof ``stipends under paragraph (1)(A)''.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in this Act or any
other appropriation Act.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2008''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2008
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex;
hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies
for, real properties leased or owned overseas, when necessary
for the performance of official business, $248,360,000, of
which not to exceed $10,840,000 is for executive direction
program activities; not to exceed $9,909,000 is for general
counsel program activities; not to exceed $44,242,000 is for
economic policies and programs activities; not to exceed
$29,464,000 is for financial policies and programs activities;
not to exceed $56,775,000 is for terrorism and financial
intelligence activities; not to exceed $18,505,000 is for
Treasury-wide management policies and programs activities; and
not to exceed $78,625,000 is for administration programs
activities: Provided, That the Secretary of the Treasury is
authorized to transfer funds appropriated for any program
activity of the Departmental Offices to any other program
activity of the Departmental Offices upon notification to the
House and Senate Committees on Appropriations: Provided
further, That no appropriation for any program activity shall
be increased or decreased by more than 2 percent by all such
transfers: Provided further, That any change in funding greater
than 2 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That of
the amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2009, is
for information technology modernization requirements; not to
exceed $150,000 is for official reception and representation
expenses; and not to exceed $258,000 is for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury
and to be accounted for solely on his certificate: Provided
further, That of the amount appropriated under this heading,
$5,114,000, to remain available until September 30, 2009, is
for the Treasury-wide Financial Statement Audit and Internal
Control Program, of which such amounts as may be necessary may
be transferred to accounts of the Department's offices and
bureaus to conduct audits: Provided further, That this transfer
authority shall be in addition to any other provided in this
Act: Provided further, That of the amount appropriated under
this heading, $3,000,000, to remain available until September
30, 2009, is for secure space requirements: Provided further,
That of the amount appropriated under this heading, $2,300,000,
to remain available until September 30, 2009, is for salary and
benefits for hiring of personnel whose work will require
completion of a security clearance investigation in order to
perform highly classified work to further the activities of the
Office of Terrorism and Financial Intelligence: Provided
further, That of the amount appropriated under this heading,
$2,100,000, to remain available until September 30, 2010, is to
develop and implement programs within the Office of Critical
Infrastructure Protection and Compliance Policy, including
entering into cooperative agreements.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the
Treasury, $18,710,000, to remain available until September 30,
2010: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or
supplement ``Internal Revenue Service, Operations Support'' or
``Internal Revenue Service, Business Systems Modernization''.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed
$100,000 for unforeseen emergencies of a confidential nature,
to be allocated and expended under the direction of the
Inspector General of the Treasury, $18,450,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, including purchase (not to exceed 150 for replacement
only for police-type use) and hire of passenger motor vehicles
(31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Inspector General for
Tax Administration; $140,533,000, of which not to exceed
$6,000,000 shall be available for official travel expenses; of
which not to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT
(INCLUDING RESCISSION)
Sections 101(a)(1), 102, 104, and 107(2) of the Air
Transportation Safety and System Stabilization Act (title I,
Public Law 107-42) are hereby repealed. All unobligated
balances under this heading are rescinded.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $85,844,000, of which not to exceed $16,340,000
shall remain available until September 30, 2010; and of which
$8,955,000 shall remain available until September 30, 2009:
Provided, That funds appropriated in this account may be used
to procure personal services contracts.
Financial Management Service
SALARIES AND EXPENSES
For necessary expenses of the Financial Management Service,
$234,423,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2010, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $93,515,000; of which not to exceed $6,000 for
official reception and representation expenses; not to exceed
$50,000 for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to
State and local agencies with or without reimbursement.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2008 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$33,200,000.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-debt issues
of the United States, $182,871,000, of which not to exceed
$2,500 shall be available for official reception and
representation expenses, and of which not to exceed $2,000,000
shall remain available until September 30, 2010, for systems
modernization: Provided, That the sum appropriated herein from
the general fund for fiscal year 2008 shall be reduced by not
more than $10,000,000 as definitive security issue fees and
Legacy Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2008
appropriation from the general fund estimated at $172,871,000.
In addition, $70,000 to be derived from the Oil Spill Liability
Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including
services authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for ES-3, $94,000,000, to remain available until September
30, 2009, of which $8,000,000 shall be for financial
assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian,
and Alaskan Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
tribes and tribal organizations and other suitable providers,
and up to $13,500,000 may be used for administrative expenses,
including administration of the New Markets Tax Credit, up to
$7,500,000 may be used for the cost of direct loans, and up to
$250,000 may be used for administrative expenses to carry out
the direct loan program: Provided, That the cost of direct
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $16,000,000.
Internal Revenue Service
TAXPAYER SERVICES
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and
education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$2,150,000,000, of which not less than $3,000,000 shall be for
the Tax Counseling for the Elderly Program, of which not less
than $9,000,000 shall be available for low-income taxpayer
clinic grants, of which not less than $8,000,000, to remain
available until September 30, 2009, shall be available to
establish and administer a Community Volunteer Income Tax
Assistance matching grants demonstration program for tax return
preparation assistance, and of which not less than $177,000,000
shall be available for operating expenses of the Taxpayer
Advocate Service.
ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Internal Revenue Service to
determine and collect owed taxes, to provide legal and
litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal
revenue laws and other financial crimes, to purchase (for
police-type use, not to exceed 850) and hire of passenger motor
vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Commissioner, $4,780,000,000, of which not less than
$57,252,000 shall be for the Interagency Crime and Drug
Enforcement program: Provided, That up to $10,000,000 may be
transferred as necessary from this account to the Internal
Revenue Service Operations Support appropriations solely for
the purposes of the Interagency Crime and Drug Enforcement
program: Provided further, That this transfer authority shall
be in addition to any other transfer authority provided in this
Act.
OPERATIONS SUPPORT
For necessary expenses of the Internal Revenue Service to
operate and support taxpayer services and enforcement programs,
including rent payments; facilities services; printing;
postage; physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $3,680,059,000, of which
$75,000,000 shall remain available until September 30, 2009,
for information technology support; of which not to exceed
$1,000,000 shall remain available until September 30, 2010, for
research; of which not less than $2,000,000 shall be for the
Internal Revenue Service Oversight Board; and of which not to
exceed $25,000 shall be for official reception and
representation.
BUSINESS SYSTEMS MODERNIZATION
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $267,090,000, to remain
available until September 30, 2010, for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including related Internal Revenue Service labor costs, and
contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That, with the exception of labor costs,
none of these funds may be obligated until the Internal Revenue
Service submits to the Committees on Appropriations, and such
Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements
established by the Office of Management and Budget, including
Circular A-11; (2) complies with the Internal Revenue Service's
enterprise architecture, including the modernization blueprint;
(3) conforms with the Internal Revenue Service's enterprise
life cycle methodology; (4) is approved by the Internal Revenue
Service, the Department of the Treasury, and the Office of
Management and Budget; (5) has been reviewed by the Government
Accountability Office; and (6) complies with the acquisition
rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For expenses necessary to implement the health insurance tax
credit included in the Trade Act of 2002 (Public Law 107-210),
$15,235,000.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to
exceed 3 percent of appropriations under the heading
``Enforcement'' may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of the
Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with taxpayers, and in cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff
to improve the Internal Revenue Service 1-800 help line
service.
Sec. 105. Section 9503(a) of title 5, United States Code, is
amended by striking ``for a period of 10 years after the date
of enactment of this section'' and inserting ``before July 23,
2013''.
Sec. 106. Sections 9504(a) and (b), and 9505(a) of title 5,
United States Code, are amended by striking ``For a period of
10 years after the date of enactment of this section'' each
place it occurs and inserting ``Before July 23, 2013''.
Sec. 107. Section 9502(a) of title 5, United States Code, is
amended by striking ``Office of Management and Budget'' and
inserting ``Office of Personnel Management''.
Sec. 108. Of the funds made available by this Act for the
Internal Revenue Service, not less than $7,350,000 shall be
available for increasing above fiscal year 2007 levels the
number of full-time equivalent positions and related support
activities performing Automated Collection System functions.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Sec. 109. Appropriations to the Department of the Treasury in
this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 110. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Financial Management
Service, Alcohol and Tobacco Tax and Trade Bureau, Financial
Crimes Enforcement Network, and Bureau of the Public Debt, may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations: Provided, That no
transfer may increase or decrease any such appropriation by
more than 2 percent.
Sec. 111. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 2
percent.
Sec. 112. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with departmental
vehicle management principles: Provided, That the Secretary may
delegate this authority to the Assistant Secretary for
Management.
Sec. 113. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 114. The Secretary of the Treasury may transfer funds
from Financial Management Services, Salaries and Expenses to
Debt Collection Fund as necessary to cover the costs of debt
collection: Provided, That such amounts shall be reimbursed to
such salaries and expenses account from debt collections
received in the Debt Collection Fund.
Sec. 115. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``8 years'' and
inserting ``10 years''.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial Services
and the Senate Committee on Banking, Housing, and Urban
Affairs.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used
to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit
approval of the House Committee on Financial Services; the
Senate Committee on Banking, Housing, and Urban Affairs; the
House Committee on Appropriations; and the Senate Committee on
Appropriations.
Sec. 118. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury's intelligence or intelligence related activities are
deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2008 until the enactment of
the Intelligence Authorization Act for Fiscal Year 2008.
Sec. 119. Section 3333(a) of title 31, United States Code, is
amended by deleting paragraph (3) and inserting in lieu thereof
the following:
``(3) The amount of the relief and the amount of any relief
granted to an official or agent of the Department of the
Treasury under 31 U.S.C. 3527, shall be charged to the Check
Forgery Insurance Fund (31 U.S.C. 3343). A recovery or
repayment of a loss for which replacement is made out of the
fund shall be credited to the fund and is available for the
purposes for which the fund was established.''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2008''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any other
purpose and any unused amount shall revert to the Treasury
pursuant to section 1552 of title 31, United States Code.
White House Office
SALARIES AND EXPENSES
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, newspapers, periodicals, teletype
news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to
exceed $19,000 for official entertainment expenses, to be
available for allocation within the Executive Office of the
President; $51,656,000.
Executive Residence at the White House
OPERATING EXPENSES
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at the
White House and official entertainment expenses of the
President, $12,814,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717 of
title 31, United States Code: Provided further, That each such
amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That the Executive Residence shall
prepare and submit to the Committees on Appropriations, by not
later than 90 days after the end of the fiscal year covered by
this Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding fiscal
year, including the total amount of such expenses, the amount
of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable
events within the Executive Residence that includes a standard
for the classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,600,000, to remain available
until expended, for required maintenance, safety and health
issues, and continued preventative maintenance.
Council of Economic Advisers
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15
U.S.C. 1021 et seq.), $4,118,000.
Office of Policy Development
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, $3,482,000.
National Security Council
SALARIES AND EXPENSES
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $8,640,000.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. 601 note), $2,000,000.
Office of Administration
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $91,745,000, of
which $11,923,000 shall remain available until expended for
continued modernization of the information technology
infrastructure within the Executive Office of the President.
Office of Management and Budget
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109 and to carry out the provisions
of chapter 35 of title 44, United States Code, $78,000,000, of
which not to exceed $3,000 shall be available for official
representation expenses: Provided, That, as provided in 31
U.S.C. 1301(a), appropriations shall be applied only to the
objects for which appropriations were made and shall be
allocated in accordance with the terms and conditions set forth
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) except as
otherwise provided by law: Provided further, That none of the
funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations
under the provisions of the Agricultural Marketing Agreement
Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none
of the funds made available for the Office of Management and
Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget,
before the Committees on Appropriations or their subcommittees:
Provided further, That the preceding shall not apply to printed
hearings released by the Committees on Appropriations: Provided
further, That none of the funds provided in this or prior Acts
shall be used, directly or indirectly, by the Office of
Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of
Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource
planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which
to perform budgetary policy reviews of water resource matters
on which the Chief of Engineers has reported: Provided further,
That the Director of the Office of Management and Budget shall
notify the appropriate authorizing and appropriating committees
when the 60-day review is initiated: Provided further, That if
water resource reports have not been transmitted to the
appropriate authorizing and appropriating committees within 15
days after the end of the Office of Management and Budget
review period based on the notification from the Director,
Congress shall assume Office of Management and Budget
concurrence with the report and act accordingly.
Office of National Drug Control Policy
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug Control
Policy (ONDCP); for research activities pursuant to the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation in
joint projects or in the provision of services on matters of
mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$26,402,000; of which $250,000 shall remain available until
expended for policy research and evaluation: Provided, That of
the funds provided under this heading, $1,250,000 shall be
allocated for the National Academy of Public Administration to
conduct an independent study and analysis of ONDCP's
organization and management: Provided further, That within two
months after the date of enactment of this Act, the ONDCP shall
contract with the National Academy of Public Administration for
purposes as described in the previous proviso: Provided
further, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public
and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469), $1,000,000, which shall remain
available until expended for counternarcotics research and
development projects: Provided, That such amount shall be
available for transfer to other Federal departments or
agencies: Provided further, That the Office of National Drug
Control Policy shall submit for approval by the Committees on
Appropriations of the House of Representatives and the Senate,
a spending plan for the use of these funds no later than 90
days after enactment of this Act.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program,
$230,000,000, to remain available until September 30, 2009, for
drug control activities consistent with the approved strategy
for each of the designated High Intensity Drug Trafficking
Areas, of which no less than 51 percent shall be transferred to
State and local entities for drug control activities, which
shall be obligated within 120 days of the date of enactment of
this Act: Provided, That up to 49 percent may be transferred to
Federal agencies and departments at a rate to be determined by
the Director, of which not less than $2,100,000 shall be used
for auditing services and associated activities, and up to
$400,000 which shall be for the final year of development and
implementation of a data collection system to measure the
performance of the High Intensity Drug Trafficking Areas
Program: Provided further, That High Intensity Drug Trafficking
Areas Programs designated as of September 30, 2007, shall be
funded at no less than the fiscal year 2007 initial allocation
levels unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate,
and the Committees approve, justification for changes in those
levels based on clearly articulated priorities for the High
Intensity Drug Trafficking Areas Programs, as well as published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further, That a request shall be
submitted in compliance with the reprogramming guidelines to
the Committees on Appropriations for approval prior to the
obligation of funds of an amount in excess of the fiscal year
2007 budget request: Provided further, That the Office of
National Drug Control Policy (ONDCP) shall submit
recommendations for approval to the Committees on
Appropriations for both the initial High-Intensity Drug
Trafficking Area (HIDTA) allocation funding within 90 days
after the enactment of this Act and the discretionary HIDTA
funding, according to the framework proposed jointly by the
HIDTA Directors and ONDCP, within 120 days after the enactment
of this Act: Provided further, That within the discretionary
funding amount, plans for use of such funds shall be subject to
committee approval: Provided further, That at least $2,000,000
shall be available for new counties, not including previously
funded counties, with priority given to meritorious applicants
who have submitted previously and have not been funded.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $164,300,000, to remain available until
expended, of which the amounts are available as follows:
$60,000,000 to support a national media campaign: Provided,
That the Office of National Drug Control Policy shall maintain
funding for non-advertising services for the media campaign at
no less than the fiscal year 2003 ratio of service funding to
total funds and shall continue the corporate outreach program
as it operated prior to its cancellation; $90,000,000 to
continue a program of matching grants to drug-free communities,
of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-
469 (21 U.S.C. 1521 note); $500,000 for demonstration programs
as authorized by section 1119 of Public Law 109-469; $1,000,000
for the National Drug Court Institute; $9,600,000 for the
United States Anti-Doping Agency for anti-doping activities;
$1,700,000 for the United States membership dues to the World
Anti-Doping Agency; $1,250,000 for the National Alliance for
Model State Drug Laws; and $250,000 for evaluations and
research related to National Drug Control Program performance
measures: Provided further, That such funds may be transferred
to other Federal departments and agencies to carry out such
activities: Provided further, That of the amounts appropriated
for a national media campaign, not to exceed 10 percent shall
be for administration, advertising production, research and
testing, labor, and related costs of the national media
campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.
Special Assistance to the President
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,432,000.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official entertainment
expenses of the Vice President, to be accounted for solely on
his certificate, $320,000: Provided, That advances or
repayments or transfers from this appropriation may be made to
any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
Sec. 201. From funds made available in this Act under the
headings ``White House Office'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisors'', ``National Security
Council'', ``Office of Administration'', ``Office of Policy
Development'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of
the Office of Management and Budget (or such other officer as
the President may designate in writing), may, 15 days after
giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same purposes
as the appropriation to which transferred: Provided, That the
amount of an appropriation shall not be increased by more than
50 percent by such transfers: Provided further, That no amount
shall be transferred from ``Special Assistance to the
President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. The President shall submit to the Committees on
Appropriations not later than 30 days after the date of the
enactment of this Act, and prior to the initial obligation of
funds appropriated under the heading ``Office of National Drug
Control Policy'', a financial plan on the proposed uses of all
funds under the heading by program, project, and activity, for
which the obligation of funds is anticipated: Provided, That up
to 20 percent of funds appropriated under this heading may be
obligated before the submission of the report subject to prior
approval of the Committees on Appropriations: Provided further,
That the report shall be updated and submitted to the
Committees on Appropriations every six months and shall include
information detailing how the estimates and assumptions
contained in previous reports have changed: Provided further,
That any new projects and changes in funding of ongoing
projects shall be subject to the prior approval of the
Committees on Appropriations.
Sec. 203. Not to exceed 2 percent of any appropriations in
this Act made available to the Office of National Drug Control
Policy may be transferred between appropriated programs upon
the advance approval of the Committees on Appropriations:
Provided, That no transfer may increase or decrease any such
appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations in
this Act made available to the Office of National Drug Control
Policy may be reprogrammed within a program, project or
activity upon the advance approval of the Committees on
Appropriations.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2008''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve, $66,526,000, of
which $2,000,000 shall remain available until expended.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $12,201,000, which shall remain available until expended.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $27,072,000.
United States Court of International Trade
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries of
the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$16,632,000.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,604,762,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $4,099,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
In addition, $14,500,000 shall be available to address
critically understaffed workload associated with increased
immigration enforcement: Provided, That this amount is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
DEFENDER SERVICES
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act
of 1964 (18 U.S.C. 3006A); the compensation and reimbursement
of expenses of persons furnishing investigative, expert and
other services under the Criminal Justice Act of 1964 (18
U.S.C. 3006A(e)); the compensation (in accordance with Criminal
Justice Act maximums) and reimbursement of expenses of
attorneys appointed to assist the court in criminal cases where
the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians
ad litem acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the
United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; the
compensation of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d); and for necessary training and
general administrative expenses, $835,601,000, to remain
available until expended.
In addition, $10,500,000 shall be available for the
reimbursement of expenses of attorneys appointed to represent
persons under the Criminal Justice Act of 1964 as a result of
increased immigration enforcement: Provided, That this amount
is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$63,081,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under section 5332
of title 5, United States Code.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court
operations, and the procurement, installation, and maintenance
of security systems and equipment for United States courthouses
and other facilities housing Federal court operations,
including building ingress-egress control, inspection of mail
and packages, directed security patrols, perimeter security,
basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section
1010 of the Judicial Improvement and Access to Justice Act
(Public Law 100-702), $410,000,000, of which not to exceed
$15,000,000 shall remain available until expended, to be
expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the
Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $76,036,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $24,187,000; of which
$1,800,000 shall remain available through September 30, 2009,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $59,400,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$2,300,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$3,700,000.
United States Sentencing Commission
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$15,477,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFER OF FUNDS)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under sections 605 and 610 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses of
the Judicial Conference of the United States: Provided, That
such available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Within 90 days after the date of the enactment of
this Act, the Administrative Office of the U.S. Courts shall
submit to the Committees on Appropriations a comprehensive
financial plan for the Judiciary allocating all sources of
available funds including appropriations, fee collections, and
carryover balances, to include a separate and detailed plan for
the Judiciary Information Technology fund.
Sec. 305. Pursuant to section 140 of Public Law 97-92, and
from funds appropriated in this Act, Justices and judges of the
United States are authorized during fiscal year 2008, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 306. Section 3313(a) of title 40, United States Code,
shall be applied by substituting ``executive'' for ``federal''
each place it appears.
Sec. 307. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes
of a pilot program, the security services that 40 U.S.C. 1315
authorizes the Department of Homeland Security to provide,
except for the services specified in 40 U.S.C. 1315(b)(2)(E).
For building-specific security services at these courthouses,
the Director of the Administrative Office of the United States
Courts shall reimburse the United States Marshals Service
rather than the Department of Homeland Security.
Sec. 308. Section 128(b) of title 28, United States Code, is
amended by striking ``Bellingham, Seattle, and Tacoma'' and
inserting ``Bellingham, Seattle, Tacoma, and Vancouver''.
Sec. 309. Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District
of Kansas), by striking ``16 years'' and inserting ``17
years'';
(2) in the sixth sentence (relating to the Northern
District of Ohio), by striking ``15 years'' and
inserting ``17 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2008''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $33,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying
out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and Senate for these funds
showing, by object class, the expenditures made and the purpose
therefor.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$3,352,000, to remain available until expended; of which
$3,000,000 is to reimburse the District of Columbia for the
costs of providing public safety at events related to the
presence of the national capital in the District of Columbia
and for the costs of providing support to respond to immediate
and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions; and $352,000 is for the
District of Columbia National Guard retention and college
access program: Provided, That any amount provided under this
heading shall be available only after such amount has been
apportioned pursuant to chapter 15 of title 31, United States
Code.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia
Courts, $223,920,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $10,800,000, of which
not to exceed $1,500 is for official reception and
representation expenses; for the District of Columbia Superior
Court, $98,359,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the
District of Columbia Court System, $52,170,000, of which not to
exceed $1,500 is for official reception and representation
expenses; and $62,591,000, to remain available until September
30, 2009, for capital improvements for District of Columbia
courthouse facilities, including structural improvements to the
District of Columbia cell block at the Moultrie Courthouse:
Provided, That notwithstanding any other provision of law, a
single contract or related contracts for development and
construction of facilities may be employed which collectively
include the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause
``availability of Funds'' found at 48 CFR 52.232-18: Provided
further, That funds made available for capital improvements
shall be expended consistent with the General Services
Administration (GSA) master plan study and building evaluation
report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided on
a contractual basis with the GSA, and such services shall
include the preparation of monthly financial reports, copies of
which shall be submitted directly by GSA to the President and
to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate: Provided further, That 30 days after providing written
notice to the Committees on Appropriations of the House of
Representatives and Senate, the District of Columbia Courts may
reallocate not more than $1,000,000 of the funds provided under
this heading among the items and entities funded under this
heading for operations, and not more than 4 percent of the
funds provided under this heading for facilities.
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
For payments authorized under section 11-2604 and section 11-
2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual
agreements to provide guardian ad litem representation,
training, technical assistance and such other services as are
necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption
proceedings under chapter 3 of title 16, D.C. Code, and
payments for counsel authorized under section 21-2060, D.C.
Official Code (relating to representation provided under the
District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $47,975,000, to remain
available until expended: Provided, That the funds provided in
this Act under the heading ``Federal Payment to the District of
Columbia Courts'' (other than the $62,591,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this
heading: Provided further, That in addition to the funds
provided under this heading, the Joint Committee on Judicial
Administration in the District of Columbia may use funds
provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $62,591,000
provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments
described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration
(GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
For salaries and expenses, including the transfer and hire of
motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the
National Capital Revitalization and Self-Government Improvement
Act of 1997, $190,343,000, of which not to exceed $2,000 is for
official receptions and representation expenses related to
Community Supervision and Pretrial Services Agency programs; of
which not to exceed $25,000 is for dues and assessments
relating to the implementation of the Court Services and
Offender Supervision Agency Interstate Supervision Act of 2002;
of which not to exceed $400,000 for the Community Supervision
Program and $160,000 for the Pretrial Services Program, both to
remain available until September 30, 2009, are for information
technology infrastructure enhancement acquisitions; of which
$140,499,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses
relating to the supervision of adults subject to protection
orders or the provision of services for or related to such
persons; of which $49,894,000 shall be available to the
Pretrial Services Agency: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That not less than $1,000,000 shall
be available for re-entrant housing in the District of
Columbia: Provided further, That the Director is authorized to
accept and use gifts in the form of in-kind contributions of
space and hospitality to support offender and defendant
programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That the Director shall keep accurate and detailed records of
the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for
audit and public inspection: Provided further, That the Court
Services and Offender Supervision Agency Director is authorized
to accept and use reimbursement from the District of Columbia
Government for space and services provided on a cost
reimbursable basis.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
For salaries and expenses, including the transfer and hire of
motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization
and Self-Government Improvement Act of 1997, $32,710,000:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and
expenses of Federal agencies.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a match of
$6,000,000 and the District of Columbia provides a match of
$2,000,000 in local funds for this payment.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to remain available until expended, to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER OF THE
DISTRICT OF COLUMBIA
For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $5,453,000: Provided, That
each entity that receives funding under this heading shall
submit to the Office of the Chief Financial Officer of the
District of Columbia (CFO) a report on the activities to be
carried out with such funds no later than March 15, 2008, and
the CFO shall submit a comprehensive report to the Committees
on Appropriations of the House of Representatives and the
Senate no later than June 1, 2008.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program in the
District of Columbia, $40,800,000, to be allocated as follows:
for the District of Columbia Public Schools, $13,000,000 to
improve public school education in the District of Columbia;
for the State Education Office, $13,000,000 to expand quality
public charter schools in the District of Columbia, to remain
available until expended; for the Secretary of the Department
of Education, $14,800,000 to provide opportunity scholarships
for students in the District of Columbia in accordance with
division C, title III of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126),
of which up to $1,800,000 may be used to administer and fund
assessments.
FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY FACILITY
For a Federal payment to the District of Columbia,
$5,000,000, to remain available until September 30, 2009, for
costs associated with the construction of a consolidated
bioterrorism and forensics laboratory: Provided, That the
District of Columbia provides a 100 percent match for this
payment.
FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS
For a Federal payment to the District of Columbia,
$9,000,000, to remain available until expended, for the Federal
contribution for costs associated with the renovation and
rehabilitation of District libraries.
FEDERAL PAYMENT TO REIMBURSE THE FEDERAL BUREAU OF INVESTIGATION
For a Federal payment to the District of Columbia,
$4,000,000, to remain available until September 30, 2010, for
reimbursement to the Federal Bureau of Investigation for
additional laboratory services.
FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE MAYOR OF THE DISTRICT OF
COLUMBIA
For a Federal payment to the Executive Office of the Mayor of
the District of Columbia, $5,000,000: Provided, That these
funds shall be available to support the District's efforts to
enhance the public education system, to improve environmental
quality, to expand pediatric healthcare services and for
historic preservation: Provided further, That no funds shall be
expended until the Mayor of the District of Columbia submits a
detailed expenditure plan, including performance measures, to
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
District submit a preliminary progress report on activities no
later than June 1, 2008, and a final report including a
detailed description of outcomes achieved no later than
November 1, 2009.
District of Columbia Funds
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision of
law, except as provided in section 450A of the District of
Columbia Home Rule Act, approved November 2, 2000 (114 Stat.
2440; D.C. Official Code, section 1-204.50a) and provisions of
this Act: The total amount appropriated in this Act for
operating expenses for the District of Columbia for fiscal year
2008 under this heading shall not exceed the lesser of the sum
of the total revenues of the District of Columbia for such
fiscal year or $9,773,775,000 (of which $6,111,623,000
(including $348,929,000 from dedicated taxes) shall be from
local funds, $2,015,854,000 shall be from Federal grant funds,
$1,637,736,000 shall be from other funds, and $8,562,000 shall
be from private funds), in addition, $114,905,000 from funds
previously appropriated in this Act as Federal payments:
Provided further, That of the local funds, $339,989,000 shall
be derived from the District's general fund balance: Provided
further, That of these funds the District's intradistrict
authority shall be $648,290,000: in addition for capital
construction projects there is appropriated an increase of
$1,607,703,000, of which $1,042,712,000 shall be from local
funds, $38,523,000 from the District of Columbia Highway Trust
Fund, $73,260,000 from the Local Street Maintenance fund,
$75,000,000 from revenue bonds, $150,000,000 from financing for
construction of a consolidated laboratory facility, $42,200,000
for construction of a baseball stadium, $186,008,000 from
Federal grant funds, and a rescission of $212,696,000 from
local funds appropriated under this heading in prior fiscal
years, for a net amount of $1,395,007,000, to remain available
until expended: Provided further, That the amounts provided
under this heading are to be subject to the provisions of and
allocated and expended as proposed under ``Title III--District
of Columbia Funds Summary of Expenses'' of the Fiscal Year 2008
Proposed Budget and Financial Plan submitted to the Congress of
the United States by the District of Columbia on June 7, 2007
as amended on June 29, 2007 and such title is hereby
incorporated by reference as though set forth fully herein:
Provided further, That this amount may be increased by proceeds
of one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act approved
December 24, 1973 (87 Stat. 777; D.C. Official Code Sec. 1-
201.01 et seq.), as amended by this Act: Provided further, That
the Chief Financial Officer of the District of Columbia shall
take such steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and funds
made available to the District during fiscal year 2008, except
that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2008''.
TITLE V
INDEPENDENT AGENCIES
Consumer Product Safety Commission
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $1,000 for official
reception and representation expenses, $80,000,000.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Help America Vote Act
of 2002, $16,530,000, of which $3,250,000 shall be transferred
to the National Institute of Standards and Technology for
election reform activities authorized under the Help America
Vote Act of 2002: Provided, That $200,000 shall be for a
competitive grant program to support community involvement in
student and parent mock elections.
election reform programs
For necessary expenses to carry out programs under the Help
America Vote Act of 2002 (Public Law 107-252), $115,000,000
which shall be available for requirements payments under part 1
of subtitle D of title II of such Act.
ELECTION DATA COLLECTION GRANTS
For necessary expenses to carry out an election data
collection grants program under section 501 of this Act,
$10,000,000, which shall remain available until expended.
Administrative Provision--Election Assistance Commission
Sec. 501. (a) Election Data Collection Grants.--Not later
than March 30, 2008, the Election Assistance Commission (in
this section referred to as the ``Commission'') shall establish
an election data collection grant program (in this section
referred to as the ``program'') to provide a grant of
$2,000,000 to 5 eligible States to improve the collection of
data relating to the regularly scheduled general election for
Federal office held in November 2008. For purposes of this
section, the term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (42 U.S.C.
15541).
(b) Eligibility.--A State is eligible to receive a grant
under the program if it submits to the Commission, at such time
and in such form as the Commission may require, an application
containing the following information and assurances:
(1) A plan for the use of the funds provided by the
grant which will expand and improve the collection of
the election data described in subsection (a) at the
precinct level and will provide for the collection of
such data in a common electronic format (as determined
by the Commission).
(2) An assurance that the State will comply with all
requests made by the Commission for the compilation and
submission of the data.
(3) An assurance that the State will provide the
Commission with such information as the Commission may
require to prepare and submit the report described in
subsection (d).
(4) Such other information and assurances as the
Commission may require.
(c) Timing of Grants; Availability.--
(1) Timing.--The Commission shall award grants under
the program to eligible States not later than 60 days
after the date on which the Commission establishes the
program.
(2) Availability of funds.--Amounts provided by a
grant under the program shall remain available without
fiscal year limitation until expended.
(d) Report to Congress.--
(1) Report.--Not later than June 30, 2009, the
Commission, in consultation with the States receiving
grants under the program and the Election Assistance
Commission Board of Advisors, shall submit a report to
Congress on the impact of the program on the collection
of the election data described in subsection (a).
(2) Recommendations.--The Commission shall include in
the report submitted under paragraph (1) such
recommendations as the Commission considers appropriate
to improve the collection of data relating to regularly
scheduled general elections for Federal office in all
States, including recommendations for changes in
Federal law or regulations and the Commission's
estimate of the amount of funding necessary to carry
out such changes.
Federal Communications Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109,
$313,000,000: Provided, That $312,000,000 of offsetting
collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, shall be
retained and used for necessary expenses in this appropriation,
and shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2008 so
as to result in a final fiscal year 2008 appropriation
estimated at $1,000,000: Provided further, That any offsetting
collections received in excess of $312,000,000 in fiscal year
2008 shall not be available for obligation: Provided further,
That remaining offsetting collections from prior years
collected in excess of the amount specified for collection in
each such year and otherwise becoming available on October 1,
2007, shall not be available for obligation: Provided further,
That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the
use of a competitive bidding system that may be retained and
made available for obligation shall not exceed $85,000,000 for
fiscal year 2008: Provided further, That, in addition, not to
exceed $21,480,000 may be transferred from the Universal
Service Fund in fiscal year 2008 to remain available until
expended, to monitor the Universal Service Fund program to
prevent and remedy waste, fraud and abuse, and to conduct
audits and investigations by the Office of Inspector General.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31,
2007'', each place it appears and inserting ``December 31,
2008''.
Sec. 511. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change its rules or regulations for universal service
support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $26,848,000, to be derived from the Deposit Insurance
Fund and the FSLIC Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $59,224,000, of which no
less than $8,100,000 shall be available for internal automated
data processing systems, and of which not to exceed $5,000
shall be available for reception and representation expenses.
Federal Labor Relations Authority
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan
Numbered 2 of 1978, and the Civil Service Reform Act of 1978,
including services authorized by 5 U.S.C. 3109, and including
hire of experts and consultants, hire of passenger motor
vehicles, and rental of conference rooms in the District of
Columbia and elsewhere, $23,641,000: Provided, That public
members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as
authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $243,864,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed
$139,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation: Provided
further, That, notwithstanding any other provision of law, not
to exceed $23,000,000 in offsetting collections derived from
fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer
Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall
be credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2008, so as to result in a final fiscal year 2008
appropriation from the general fund estimated at not more than
$81,864,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
For an additional amount to be deposited in the Federal
Buildings Fund, $83,964,000. To carry out the purposes of the
Fund established pursuant to section 210(f) of the Federal
Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 592), the revenues and collections deposited into
the Fund shall be available for necessary expenses of real
property management and related activities not otherwise
provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in
the District of Columbia; restoration of leased premises;
moving governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings
including grounds, approaches and appurtenances; care and
safeguarding of sites; maintenance, preservation, demolition,
and equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition of
options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning
and design of projects by contract or otherwise; construction
of new buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $7,830,414,000, of which:
(1)(A) $306,448,000 shall remain available until expended for
construction (including funds for sites and expenses and
associated design and construction services) of additional
projects at the following locations:
New Construction:
California:
San Ysidro, Land Port of Entry,
$37,742,000.
Illinois:
Rockford, United States Courthouse,
$58,792,000.
Maryland:
Montgomery County, Food and Drug
Administration Consolidation,
$57,749,000.
Minnesota:
Warroad, Land Port of Entry,
$43,628,000.
Missouri:
Jefferson City, United States
Courthouse, $66,000,000.
Vermont:
Derby Line, Land Port of Entry,
$33,139,000.
Nonprospectus Construction, $9,398,000; and
(B) $225,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated Act) and
shall remain available until expended for construction
(including funds for sites and expenses and associated design
and construction services) of additional projects at the
following locations:
Arizona:
San Luis, Land Port of Entry I, $7,053,000.
California:
San Ysidro, Land Port of Entry, $161,437,000.
Maine:
Madawaska, Land Port of Entry, $17,160,000.
New York:
Alexandria Bay, Land Port of Entry,
$11,676,000.
Texas:
El Paso, Tornillo-Guadalupe, Land Port of
Entry, $4,290,000.
Donna/Rio Bravo International Bridge, Land
Port of Entry, $23,384,000:
Provided, That, notwithstanding any other provision of law, the
Administrator of General Services is authorized to proceed with
necessary site acquisition, design, and construction for the
new courthouse project in Rockford, Illinois, listed in Public
Law 109-115 and for which funds have been appropriated under
this or any other Acts, with the understanding that the total
estimated cost of the project, exclusive of any permitted
escalations, shall be $100,225,000: Provided further, That each
of the foregoing limits of costs on new construction projects
may be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of the
amounts included in an approved prospectus, if required, unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That all
funds for direct construction projects shall expire on
September 30, 2009 and remain in the Federal Buildings Fund
except for funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to
such date; (2) $722,161,000 shall remain available until
expended for repairs and alterations, which includes associated
design and construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building,
Phase III, $121,204,000.
Joint Operations Center, $12,800,000.
Nebraska Avenue Complex, $27,673,000.
Nevada:
Reno, C. Clifton Young Federal
Building and Courthouse, $12,793,000.
New York:
New York, Thurgood Marshall United
States Courthouse, $170,544,000.
West Virginia:
Martinsburg Internal Revenue Service
Enterprise Computing Center,
$35,822,000.
Special Emphasis Programs:
Energy Program, $15,000,000.
Design Program, $7,372,000.
Basic Repairs and Alterations, $318,953,000:
Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in this
or any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided in
this or any prior Act for ``Repairs and Alterations'' may be
used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any
projects in this or any prior Act, under the heading ``Repairs
and Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in prospectus
projects: Provided further, That all funds for repairs and
alterations prospectus projects shall expire on September 30,
2009 and remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided
further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects; (3) $155,781,000 for
installment acquisition payments, including payments on
purchase contracts which shall remain available until expended;
(4) $4,315,534,000 for rental of space which shall remain
available until expended; and (5) $2,105,490,000 for building
operations which shall remain available until expended, of
which up to $500,000 may be used as Federal competitive
contributions to entities which coordinate long-term siting of
Federal building and employment in the National Capital Region
with State and local governments, the commercial sector and
other major stakeholders in the region: Provided further, That
funds available to the General Services Administration shall
not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959, has not been
approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the
Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
section 210(f)(6) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 592(b)(2)) and amounts to
provide such reimbursable fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control as may be appropriate to enable the United
States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during
fiscal year 2008, excluding reimbursements under section
210(f)(6) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate
new obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology
activities; and services as authorized by 5 U.S.C. 3109;
$52,891,000.
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; providing Internet access to Federal information and
services; agency-wide policy direction and management, and
Board of Contract Appeals; accounting, records management, and
other support services incident to adjudication of Indian
Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses,
$85,870,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $48,382,000: Provided,
That not to exceed $15,000 shall be available for payment for
information and detection of fraud against the Government,
including payment for recovery of stolen Government property:
Provided further, That not to exceed $2,500 shall be available
for awards to employees of other Federal agencies and private
citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development and
implementation of innovative uses of the Internet and other
electronic methods, $3,000,000, to remain available until
expended: Provided, That these funds may be transferred to
Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act:
Provided further, That such transfers may not be made until 10
days after a proposed spending plan and explanation for each
project to be undertaken has been submitted to the Committees
on Appropriations.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95-138, $2,478,000:
Provided, That the Administrator of General Services shall
transfer to the Secretary of the Treasury such sums as may be
necessary to carry out the provisions of such Acts.
FEDERAL CITIZEN INFORMATION CENTER FUND
For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$17,328,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen Information
Center activities in the aggregate amount not to exceed
$42,000,000. Appropriations, revenues, and collections accruing
to this Fund during fiscal year 2008 in excess of such amount
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Sec. 520. The appropriate appropriation or fund available to
the General Services Administration shall be credited with the
cost of operation, protection, maintenance, upkeep, repair, and
improvement, included as part of rentals received from
Government corporations pursuant to law (40 U.S.C. 129).
Sec. 521. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 522. Funds in the Federal Buildings Fund made available
for fiscal year 2008 for Federal Buildings Fund activities may
be transferred between such activities only to the extent
necessary to meet program requirements: Provided, That any
proposed transfers shall be approved in advance by the
Committees on Appropriations.
Sec. 523. Except as otherwise provided in this title, no
funds made available by this Act shall be used to transmit a
fiscal year 2009 request for United States Courthouse
construction that: (1) does not meet the design guide standards
for construction as established and approved by the General
Services Administration, the Judicial Conference of the United
States, and the Office of Management and Budget; and (2) does
not reflect the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction
plan: Provided, That the fiscal year 2009 request must be
accompanied by a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 524. None of the funds provided in this Act may be used
to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in compliance with the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 525. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the Committees
on Appropriations.
Sec. 526. No funds shall be used by the General Services
Administration to reorganize its organizational structure
without approval by the House and Senate Committees on
Appropriations through an operating plan change.
Sec. 527. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority
pursuant to a prospectus transmitted to Congress by the
Administrator of General Services under section 3307 of title
40, United States Code, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of the procurement should not be identical to
the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of
such committees and the House and Senate Committees on
Appropriations prior to exercising any lease authority provided
in the resolution.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note),
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, direct procurement of survey
printing, and not to exceed $2,000 for official reception and
representation expenses, $37,507,000 together with not to
exceed $2,579,000 for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Trust Fund, pursuant to the
Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992 (20
U.S.C. 5601 et seq.), $3,750,000, to remain available until
expended, of which up to $50,000 shall be used to conduct
financial audits pursuant to the Accountability of Tax Dollars
Act of 2002 (Public Law 107-289) notwithstanding sections 8 and
9 of Public Law 102-259: Provided, That up to 60 percent of
such funds may be transferred by the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation for the necessary expenses of the Native Nations
Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $2,000,000, to remain
available until expended.
National Archives and Records Administration
OPERATING EXPENSES
For necessary expenses in connection with the administration
of the National Archives and Records Administration (including
the Information Security Oversight Office) and archived Federal
records and related activities, as provided by law, and for
expenses necessary for the review and declassification of
documents and the activities of the Public Interest
Declassification Board, and for the hire of passenger motor
vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 et seq.), including
maintenance, repairs, and cleaning, $315,000,000.
ELECTRONIC RECORDS ARCHIVES
For necessary expenses in connection with the development of
the electronic records archives, to include all direct project
costs associated with research, analysis, design, development,
and program management, $58,028,000 of which $38,315,000 shall
remain available until September 30, 2009: Provided, That none
of the multi-year funds may be obligated until the National
Archives and Records Administration submits to the Committees
on Appropriations, and such Committees approve, a plan for
expenditure that: (1) meets the capital planning and investment
control review requirements established by the Office of
Management and Budget, including Circular A-11; (2) complies
with the National Archives and Records Administration's
enterprise architecture; (3) conforms with the National
Archives and Records Administration's enterprise life cycle
methodology; (4) is approved by the National Archives and
Records Administration and the Office of Management and Budget;
(5) has been reviewed by the Government Accountability Office;
and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$28,605,000, to remain available until expended: Provided, That
the Archivist is authorized to construct an addition to the
John F. Kennedy Presidential Library and Museum on land,
adjacent to the existing Library and Museum property, to be
acquired from the Commonwealth of Massachusetts or the
University of Massachusetts or some other governmental
authority thereof; and of the funds provided, $8,000,000 shall
be used for acquiring the land for the Kennedy Library
Addition, the first phase of construction, related services for
building the addition to the Library, and other necessary
expenses, including renovating the Library as needed in
constructing the addition; $750,000 to complete design work on
the renovation of the Franklin D. Roosevelt Presidential
Library and Museum; $7,432,000 to construct an addition to the
Richard Nixon Presidential Library and Museum; and $3,760,000
is for the repair and restoration of the plaza that surrounds
the Lyndon Baines Johnson Presidential Library and Museum that
is under the joint control and custody of the University of
Texas: Provided further, That such funds shall remain available
until expended for this purpose and may be transferred directly
to the University and used, together with University funds, for
the repair and restoration of the plaza: Provided further, That
such funds shall be spent in accordance with the construction
plan submitted to the Committees on Appropriations on March 14,
2005: Provided further, That the Archivist shall be prohibited
from entering into any agreement with the University or any
other party that requires additional funding commitments on
behalf of the Federal Government for this project.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, $9,500,000, to remain available until expended: Provided,
That of the funds provided in this paragraph, $2,000,000 shall
be transferred to the operating expenses account of the
National Archives and Records Administration for operating
expenses of the National Historical Publications and Records
Commission.
ADMINISTRATIVE PROVISION--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
The National Archives and Records Administration shall
include in its fiscal year 2009 budget justifications a
comprehensive capital needs assessment for funding provided
under the ``Repairs and Restoration'' appropriations account:
Provided, That funds proposed under the ``Repairs and
Restoration'' appropriations account for fiscal year 2009 shall
be allocated to projects on a priority basis established under
a comprehensive capital needs assessment.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
During fiscal year 2008, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et
seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2008 shall not exceed $329,000.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $975,000 shall be
available until September 30, 2009 for technical assistance to
low-income designated credit unions.
Office of Government Ethics
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, and the Ethics Reform Act of 1989, including services
as authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $11,750,000.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting Rights
Act activities require an employee to remain overnight at his
or her post of duty, $101,765,000, of which $5,991,000 shall
remain available until expended for the Enterprise Human
Resources Integration project; $1,351,000 shall remain
available until expended for the Human Resources Line of
Business project; $340,000 shall remain available until
expended for the E-Payroll project; and $170,000 shall remain
available until expended for the E-Training program; and in
addition $123,901,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office of
Personnel Management without regard to other statutes,
including direct procurement of printed materials, for the
retirement and insurance programs, of which $26,965,000 shall
remain available until expended for the cost of automating the
retirement recordkeeping systems: Provided, That the provisions
of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
and 9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of the
Office of Personnel Management established pursuant to
Executive Order No. 9358 of July 1, 1943, or any successor unit
of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year
2008, accept donations of money, property, and personal
services: Provided further, That such donations, including
those from prior years, may be used for the development of
publicity materials to provide information about the White
House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $1,519,000, and in addition, not
to exceed $17,081,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may be
necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement and
Disability Fund, such sums as may be necessary: Provided, That
annuities authorized by the Act of May 29, 1944, and the Act of
August 19, 1950 (33 U.S.C. 771-775), may hereafter be paid out
of the Civil Service Retirement and Disability Fund.
Office of Special Counsel
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law 101-
12), Public Law 107-304, and the Uniformed Services Employment
and Reemployment Act of 1994 (Public Law 103-353), including
services as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $17,468,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,500
for official reception and representation expenses,
$906,000,000, to remain available until expended; of which not
to exceed $20,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by
the Commission with foreign governmental and other regulatory
officials, members of their delegations, appropriate
representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the
development of foreign securities markets, such expenses to
include necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such
incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections 6(b) of
the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and
13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15
U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
account as offsetting collections: Provided further, That not
to exceed $842,738,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account: Provided further, That $63,262,000 shall be derived
from prior year unobligated balances from funds previously
appropriated to the Securities and Exchange Commission:
Provided further, That the total amount appropriated under this
heading from the general fund for fiscal year 2008 shall be
reduced as such offsetting fees are received so as to result in
a final total fiscal year 2008 appropriation from the general
fund estimated at not more than $0.
Selective Service System
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation expenses;
$22,000,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of
31 U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person
into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 108-
447, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $344,123,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to remain available until expended, for carrying
out these purposes without further appropriations: Provided
further, That $97,120,000 shall be available to fund grants for
performance in fiscal year 2008 or fiscal year 2009 as
authorized.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $15,000,000.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment Act
of 1958, $3,000,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, $2,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2008 commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958 shall
not exceed $7,500,000,000: Provided further, That during fiscal
year 2008 commitments for general business loans authorized
under section 7(a) of the Small Business Act, shall not exceed
$17,500,000,000: Provided further, That during fiscal year 2008
commitments to guarantee loans for debentures under section
303(b) of the Small Business Investment Act of 1958, shall not
exceed $3,000,000,000: Provided further, That during fiscal
year 2008, guarantees of trust certificates authorized by
section 5(g) of the Small Business Act shall not exceed a
principal amount of $12,000,000,000. In addition, for
administrative expenses to carry out the direct and guaranteed
loan programs, $135,414,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
administrative provisions--small business administration
(INCLUDING TRANSFER OF FUNDS)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 610 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 531. All disaster loans issued in Alaska or North Dakota
shall be administered by the Small Business Administration and
shall not be sold during fiscal year 2008.
Sec. 532. (a) Funds made available under section 613 of
Public Law 109-108 (119 Stat. 2338) for Nevada's Commission on
Economic Development shall be made available to the Nevada
Center for Entrepreneurship and Technology (CET).
(b) Funds made available under section 613 of Public Law 109-
108 for the Chattanooga Enterprise Center shall be made
available to the University of Tennessee at Chattanooga.
Sec. 533. Public Law 110-28 (121 Stat. 155) is amended in the
second paragraph of chapter 4 of title IV by inserting before
``$25,000,000'' the phrase ``up to''.
Sec. 534. For an additional amount under the heading ``Small
Business Administration, Salaries and Expenses'', $69,451,000,
to remain available until September 30, 2009, shall be for
initiatives related to small business development and
entrepreneurship, including programmatic and construction
activities: Provided, That amounts made available under this
section shall be provided in accordance with the terms and
conditions as specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone on
free and reduced rate mail, pursuant to subsections (c) and (d)
of section 2401 of title 39, United States Code, $117,864,000,
of which $88,864,000 shall not be available for obligation
until October 1, 2008: Provided, That mail for overseas voting
and mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service by
this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further,
That none of the funds provided in this Act shall be used to
consolidate or close small rural and other small post offices
in fiscal year 2008.
United States Tax Court
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $45,326,000:
Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. Such sums as may be necessary for fiscal year 2008
pay raises for programs funded in this Act shall be absorbed
within the levels appropriated in this Act or previous
appropriations Acts.
Sec. 602. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 603. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 604. The expenditure of any appropriation under this Act
for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 605. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 606. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any
Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
Sec. 607. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by an
employee who has left to enter the Armed Forces of the United
States and has satisfactorily completed his period of active
military or naval service, and has within 90 days after his
release from such service or from hospitalization continuing
after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has
not been restored thereto.
Sec. 608. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 609. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a-10c).
Sec. 610. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2008, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress; (4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent, whichever
is less; or (7) creates or reorganizes offices, programs, or
activities unless prior approval is received from the House and
Senate Committees on Appropriations: Provided, That prior to
any significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That
not later than 60 days after the date of enactment of this Act,
each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to display
the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for
each appropriation both by object class and program, project,
and activity as detailed in the budget appendix for the
respective appropriation; and (3) an identification of items of
special congressional interest: Provided further, That the
amount appropriated or limited for salaries and expenses for an
agency shall be reduced by $100,000 per day for each day after
the required date that the report has not been submitted to the
Congress.
Sec. 611. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2008 from appropriations
made available for salaries and expenses for fiscal year 2008
in this Act, shall remain available through September 30, 2009,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations for approval prior to the expenditure of such
funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 612. None of the funds made available in this Act may be
used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background
investigation report on any individual, except when--
(1) such individual has given his or her express
written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 613. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with respect
to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
Sec. 614. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office of
Personnel Management pursuant to court approval.
Sec. 615. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 616. The provision of section 615 shall not apply where
the life of the mother would be endangered if the fetus were
carried to term, or the pregnancy is the result of an act of
rape or incest.
Sec. 617. Notwithstanding any other provision of law, for
fiscal years 2008 and 2009, neither the Board of Governors of
the Federal Reserve System nor the Secretary of the Treasury
may determine, by rule, regulation, order, or otherwise, for
the purposes of section 4(K) of the Bank Holding Company Act of
1956, or section 5136A of the Revised Statutes of the United
States, that real estate brokerage activity or real estate
management activity (which for purposes of this paragraph shall
be defined to mean ``real estate brokerage'' and ``property
management'' respectively, as those terms were understood by
the Federal Reserve Board prior to March 11, 2000) is an
activity that is financial in nature, is incidental to any
financial activity, or is complementary to a financial
activity. For purposes of this paragraph, ``real estate
brokerage activity'' shall mean ``real estate brokerage'', and
``real estate management activity'' shall mean ``property
management'' as those terms were understood by the Federal
Reserve Board prior to March 11, 2000.
Sec. 618. In order to promote Government access to commercial
information technology, the restriction on purchasing
nondomestic articles, materials, and supplies set forth in the
Buy American Act (41 U.S.C. 10a et seq.), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in section
4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)).
Sec. 619. Notwithstanding section 10(b) of the Harry S Truman
Memorial Scholarship Act (20 U.S.C. 2009(b)), hereafter, at the
request of the Board of Trustees of the Harry S Truman
Scholarship Foundation, it shall be the duty of the Secretary
of the Treasury to invest in full the amounts appropriated and
contributed to the Harry S Truman Memorial Scholarship Trust
Fund, as provided in such section. All requests of the Board of
Trustees to the Secretary provided for in this section shall be
binding on the Secretary.
Sec. 620. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling an
officer or employee to attend and participate in any meeting or
similar function relating to the official duties of the officer
or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to
regulation by such agency or commission, unless the person or
entity is an organization exempt from taxation pursuant to
section 501(c)(3) of the Internal Revenue Code of 1986.
Sec. 621. None of the funds made available by this Act may be
used by the Federal Communications Commission to implement the
Fairness Doctrine, as repealed in General Fairness Doctrine
Obligations of Broadcast Licensees (50 Fed. Reg. 35418 (1985)),
or any other regulations having the same substance.
Sec. 622. Section 5112 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(r) Redesign and Issuance of Circulating Quarter Dollar
Honoring the District of Columbia and Each of the
Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection
(d)(2) and subject to paragraph (6)(B), quarter
dollar coins issued during 2009, shall have
designs on the reverse side selected in
accordance with this subsection which are
emblematic of the District of Columbia and the
territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection
(d)(1), the Secretary may select a design for
quarter dollars issued during 2009 in which--
``(i) the inscription described in
the second sentence of subsection
(d)(1) appears on the reverse side of
any such quarter dollars; and
``(ii) any inscription described in
the third sentence of subsection (d)(1)
or the designation of the value of the
coin appears on the obverse side of any
such quarter dollars.
``(2) Single district or territory design.--
The design on the reverse side of each quarter
dollar issued during 2009 shall be emblematic
of one of the following: The District of
Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern
Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6
designs required under this subsection
for quarter dollars shall be--
``(i) selected by the
Secretary after consultation
with--
``(I) the chief
executive of the
District of Columbia or
the territory being
honored, or such other
officials or group as
the chief executive
officer of the District
of Columbia or the
territory may designate
for such purpose; and
``(II) the Commission
of Fine Arts; and
``(ii) reviewed by the
Citizens Coinage Advisory
Committee.
``(B) Selection and approval
process.--Designs for quarter dollars
may be submitted in accordance with the
design selection and approval process
developed by the Secretary in the sole
discretion of the Secretary.
``(C) Participation.--The Secretary
may include participation by District
or territorial officials, artists from
the District of Columbia or the
territory, engravers of the United
States Mint, and members of the general
public.
``(D) Standards.--Because it is
important that the Nation's coinage and
currency bear dignified designs of
which the citizens of the United States
can be proud, the Secretary shall not
select any frivolous or inappropriate
design for any quarter dollar minted
under this subsection.
``(E) Prohibition on certain
representations.--No head and shoulders
portrait or bust of any person, living
or dead, and no portrait of a living
person may be included in the design of
any quarter dollar under this
subsection.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this
subsection shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may
mint and issue such number of quarter dollars
of each design selected under paragraph (4) in
uncirculated and proof qualities as the
Secretary determines to be appropriate.
``(B) Silver coins.--Notwithstanding
subsection (b), the Secretary may mint and
issue such number of quarter dollars of each
design selected under paragraph (4) as the
Secretary determines to be appropriate, with a
content of 90 percent silver and 10 percent
copper.
``(C) Timing and order of issuance.--Coins
minted under this subsection honoring the
District of Columbia and each of the
territories shall be issued in equal sequential
intervals during 2009 in the following order:
the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a
state.--If the District of Columbia or any
territory becomes a State before the end of the
10-year period referred to in subsection
(l)(1), subsection (l)(7) shall apply, and this
subsection shall not apply, with respect to
such State.
``(B) Application in event of independence.--
If any territory becomes independent or
otherwise ceases to be a territory or
possession of the United States before quarter
dollars bearing designs which are emblematic of
such territory are minted pursuant to this
subsection, this subsection shall cease to
apply with respect to such territory.
``(7) Territory defined.--For purposes of this
subsection, the term `territory' means the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.''.
Sec. 623. (a) In General.--Section 5112(n)(2) of title 31,
United States Code, is amended--
(1) in subparagraph (C)(i)--
(A) by striking ``inscriptions'' and
inserting ``inscription''; and
(B) by striking ``and `In God We Trust' '';
and
(2) by adding at the end the following new
subparagraph:
``(F) Inscription of `in god we trust'.--The
design on the obverse or the reverse shall bear
the inscription `In God We Trust'.''.
(b) Conforming Amendment.--Section 5112(r)(2) of title 31,
United States Code, is amended--
(1) in subparagraph (C)(i)--
(A) by striking ``inscriptions'' and
inserting ``inscription''; and
(B) by striking ``and `In God We Trust' '';
and
(2) by adding at the end the following new
subparagraph:
``(E) Inscription of `in god we trust'.--The
design on the obverse or the reverse shall bear
the inscription `In God We Trust'.''.
(c) Effective Date.--The change required by the amendments
made by subsections (a) and (b) shall be put into effect by the
Secretary of the Treasury as soon as is practicable after the
date of enactment of this Act.
Sec. 624. There is hereby appropriated $600,000, to remain
available until expended, for the Christopher Columbus
Fellowship Foundation, established by Section 423 of Public Law
102-281.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. Hereafter, funds appropriated in this or any other
Act may be used to pay travel to the United States for the
immediate family of employees serving abroad in cases of death
or life threatening illness of said employee.
Sec. 702. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2008 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 703. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance
with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of
buses, ambulances, law enforcement, and undercover surveillance
vehicles), is hereby fixed at $12,888 except station wagons for
which the maximum shall be $13,312: Provided, That these limits
may be exceeded by not to exceed $3,700 for police-type
vehicles, and by not to exceed $4,000 for special heavy-duty
vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric
or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further,
That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles.
Sec. 704. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 705. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the Chinese
Student Protection Act of 1992 (Public Law 102-404): Provided,
That for the purpose of this section, an affidavit signed by
any such person shall be considered prima facie evidence that
the requirements of this section with respect to his or her
status have been complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and, upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided further,
That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government. This section
shall not apply to citizens of Ireland, Israel, or the Republic
of the Philippines, or to nationals of those countries allied
with the United States in a current defense effort, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or to
temporary employment in the field service (not to exceed 60
days) as a result of emergencies.
Sec. 706. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 707. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use
funds resulting from the sale of materials, including Federal
records disposed of pursuant to a records schedule recovered
through recycling or waste prevention programs. Such funds
shall be available until expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No.
13101 (September 14, 1998), including any such programs
adopted prior to the effective date of the Executive
order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 708. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 709. Hereafter, no part of any appropriation contained
in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated
after the Senate has voted not to approve the nomination of
said person.
Sec. 710. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 711. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant
to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 712. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of
the funds appropriated for fiscal year 2008, by this or any
other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States
Code--
(1) during the period from the date of expiration of
the limitation imposed by the comparable section for
previous fiscal years until the normal effective date
of the applicable wage survey adjustment that is to
take effect in fiscal year 2008, in an amount that
exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with
such section; and
(2) during the period consisting of the remainder of
fiscal year 2008, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under paragraph (1) by more than the sum of--
(A) the percentage adjustment taking effect
in fiscal year 2008 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2008 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in the previous fiscal year
under such section.
(b) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee
covered by section 5348 of such title, may be paid during the
periods for which subsection (a) is in effect at a rate that
exceeds the rates that would be payable under subsection (a)
were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a
schedule not in existence on September 30, 2007, shall be
determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2007, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2007.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this section shall be treated as the rate of
salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at
a rate in excess of the rate that would be payable were this
section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
Sec. 713. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any
such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on
Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily by
the individual or the use of which is directly controlled by
the individual.
Sec. 714. Notwithstanding section 1346 of title 31, United
States Code, or section 710 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security and
emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 12472 (April 3, 1984).
Sec. 715. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from the
competitive service pursuant to section 3302 of title 5, United
States Code, without a certification to the Office of Personnel
Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that
the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or
from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for
the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy,
Air Force, and Marine Corps, the Department of Homeland
Security, the Federal Bureau of Investigation and the
Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the
Department of the Treasury, and the Department of
Energy performing intelligence functions; and
(7) the Director of National Intelligence or the
Office of the Director of National Intelligence.
Sec. 716. Hereafter, no department, agency, or
instrumentality of the United States receiving appropriated
funds under this or any other Act shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from discrimination and sexual harassment and that all
of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), the
Age Discrimination in Employment Act of 1967 (Public Law 90-
202, 81 Stat. 602), and the Rehabilitation Act of 1973 (Public
Law 93-112, 87 Stat. 355).
Sec. 717. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance
or efficiency rating, denies promotion to, relocates,
reassigns, transfers, disciplines, or discriminates in
regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any
other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing
actions with respect to such other officer or employee,
by reason of any communication or contact of such other
officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph
(1).
Sec. 718. (a) None of the funds made available in this or any
other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 719. No funds appropriated in this or any other Act may
be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement
does not contain the following provisions: ``These restrictions
are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211
of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code, as
amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes
are incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding paragraph, a
nondisclosure policy form or agreement that is to be executed
by a person connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document
is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified
information received in the course of such activity unless
specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear
that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial
violation of law.
Sec. 720. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 721. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee's
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
Sec. 722. None of the funds made available in this Act or any
other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any
organization outside of the Federal Government without the
approval of the Committees on Appropriations.
Sec. 723. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including
by private contractor, for publicity or propaganda purposes
within the United States not heretofor authorized by the
Congress.
Sec. 724. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under
section 105 of title 5, United States Code;
(2) includes a military department, as defined under
section 102 of such title, the Postal Service, and the
Postal Regulatory Commission; and
(3) shall not include the Government Accountability
Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under section 6301(2) of title
5, United States Code, has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in
the performance of official duties.
Sec. 725. Notwithstanding 31 U.S.C. 1346 and section 710 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide financial, information technology,
procurement, and other management innovations, initiatives, and
activities, as approved by the Director of the Office of
Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, and the Chief Acquisition Officers Council for
procurement initiatives): Provided further, That the total
funds transferred or reimbursed shall not exceed $10,000,000:
Provided further, That such transfers or reimbursements may
only be made after 15 days following notification of the
Committees on Appropriations by the Director of the Office of
Management and Budget.
Sec. 727. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 728. Notwithstanding section 1346 of title 31, United
States Code, or section 710 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the
National Science and Technology Council to the Committees on
Appropriations, the House Committee on Science, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 729. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
indicate the agency providing the funds, the Catalog of Federal
Domestic Assistance Number, as applicable, and the amount
provided: Provided, That this provision shall apply to direct
payments, formula funds, and grants received by a State
receiving Federal funds.
Sec. 730. Section 403(f) of the Government Management Reform
Act of 1994 (31 U.S.C. 501 note; Public Law 103-356) is amended
to read as follows:
``(f) Termination of Certain Authority.--The authority of the
Secretary of Homeland Security to carry out a pilot program
under this section shall terminate on October 1, 2008.''.
Sec. 731. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of
data, derived from any means, that includes any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregation of data, derived from
any means, that includes any personally identifiable
information relating to an individual's access to or
use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement, regulatory,
or supervisory purposes, in accordance with applicable
law; or
(4) any action described in subsection (a)(1) that is
a system security action taken by the operator of an
Internet site and is necessarily incident to providing
the Internet site services or to protecting the rights
or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 732. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 733. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official anti-
doping agency for Olympic, Pan American, and Paralympic sport
in the United States.
Sec. 734. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-126
regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 735. Notwithstanding any other provision of law, none of
the funds appropriated or made available under this Act or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations of
the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 736. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations, except that the Federal
Law Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 737. (a) For fiscal year 2008, no funds shall be
available for transfers or reimbursements to the E-Government
initiatives sponsored by the Office of Management and Budget
prior to 15 days following submission of a report to the
Committees on Appropriations by the Director of the Office of
Management and Budget and receipt of approval to transfer funds
by the House and Senate Committees on Appropriations.
(b) Hereafter, any funding request for a new or ongoing E-
Government initiative by any agency or agencies managing the
development of an initiative shall include in justification
materials submitted to the House and Senate Committees on
Appropriations the information in subsection (d).
(c) Hereafter, any funding request by any agency or agencies
participating in the development of an E-Government initiative
and contributing funding for the initiative shall include in
justification materials submitted to the House and Senate
Committees on Appropriations--
(1) the amount of funding contributed to each
initiative by program office, bureau, or activity, as
appropriate; and
(2) the relevance of that use to that department or
agency and each bureau or office within, which is
contributing funds.
(d) The report in (a) and justification materials in (b)
shall include at a minimum--
(1) a description of each initiative including but
not limited to its objectives, benefits, development
status, risks, cost effectiveness (including estimated
net costs or savings to the government), and the
estimated date of full operational capability;
(2) the total development cost of each initiative by
fiscal year including costs to date, the estimated
costs to complete its development to full operational
capability, and estimated annual operations and
maintenance costs; and
(3) the sources and distribution of funding by fiscal
year and by agency and bureau for each initiative
including agency contributions to date and estimated
future contributions by agency.
(e) No funds shall be available for obligation or expenditure
for new E-Government initiatives without the explicit approval
of the House and Senate Committees on Appropriations.
Sec. 738. Notwithstanding section 1346 of title 31, United
States Code, and section 710 of this Act and any other
provision of law, the head of each appropriate executive
department and agency shall transfer to or reimburse the
Federal Aviation Administration, upon the direction of the
Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described
below, and shall submit budget requests for such purposes.
These funds shall be administered by the Federal Aviation
Administration, in consultation with the appropriate
interagency groups designated by the Director and shall be used
to ensure the uninterrupted, continuous operation of the Midway
Atoll Airfield by the Federal Aviation Administration pursuant
to an operational agreement with the Department of the Interior
for the entirety of fiscal year 2008 and any period thereafter
that precedes the enactment of the Financial Services and
General Government Appropriations Act, 2009. The Director of
the Office of Management and Budget shall mandate the necessary
transfers after determining an equitable allocation between the
appropriate executive departments and agencies of the
responsibility for funding the continuous operation of the
Midway Atoll Airfield based on, but not limited to, potential
use, interest in maintaining aviation safety, and applicability
to governmental operations and agency mission. The total funds
transferred or reimbursed shall not exceed $6,000,000 for any
twelve-month period. Such sums shall be sufficient to ensure
continued operation of the airfield throughout the period cited
above. Funds shall be available for operation of the airfield
or airfield-related capital upgrades. The Director of the
Office of Management and Budget shall notify the Committees on
Appropriations of such transfers or reimbursements within 15
days of this Act. Such transfers or reimbursements shall begin
within 30 days of enactment of this Act.
Sec. 739. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none
of the funds appropriated by this or any other Act
shall be available to convert to contractor performance
an activity or function of an executive agency that, on
or after the date of enactment of this Act, is
performed by more than 10 Federal employees unless--
(A) the conversion is based on the result of
a public-private competition that includes a
most efficient and cost effective organization
plan developed by such activity or function;
(B) the Competitive Sourcing Official
determines that, over all performance periods
stated in the solicitation of offers for
performance of the activity or function, the
cost of performance of the activity or function
by a contractor would be less costly to the
executive agency by an amount that equals or
exceeds the lesser of--
(i) 10 percent of the most efficient
organization's personnel-related costs
for performance of that activity or
function by Federal employees; or
(ii) $10,000,000; and
(C) the contractor does not receive an
advantage for a proposal that would reduce
costs for the Federal Government by--
(i) not making an employer-sponsored
health insurance plan available to the
workers who are to be employed in the
performance of that activity or
function under the contract;
(ii) offering to such workers an
employer-sponsored health benefits plan
that requires the employer to
contribute less towards the premium or
subscription share than the amount that
is paid by the Federal Government for
health benefits for civilian employees
under chapter 89 of title 5, United
States Code; or
(iii) offering to such workers a
retirement benefit that in any year
costs less than the annual retirement
cost factor applicable to Federal
employees under chapter 84 of title 5,
United States Code.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States
Code;
(C) a commercial or industrial type function
that--
(i) is included on the procurement
list established pursuant to section 2
of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
(ii) is planned to be converted to
performance by a qualified nonprofit
agency for the blind or by a qualified
nonprofit agency for other severely
handicapped individuals in accordance
with that Act;
(D) depot contracts or contracts for depot
maintenance as provided in sections 2469 and
2474 of title 10, United States Code; or
(E) activities that are the subject of an
ongoing competition that was publicly announced
prior to the date of enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office of
Management and Budget Circular A-76 shall prevent the head of
an executive agency from conducting a public-private
competition to evaluate the benefits of converting work from
contract performance to performance by Federal employees in
appropriate instances. The Circular shall provide procedures
and policies for these competitions that are similar to those
applied to competitions that may result in the conversion of
work from performance by Federal employees to performance by a
contractor.
(c) Bid Protests by Federal Employees in Actions Under Office
of Management and Budget Circular A-76.--
(1) Eligibility to protest.--
(A) Section 3551(2) of title 31, United
States Code, is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a
solicitation or other request for offers
described in paragraph (1), means an actual or
prospective bidder or offeror whose direct
economic interest would be affected by the
award of the contract or by failure to award
the contract; and
``(B) with respect to a public-private
competition conducted under Office of
Management and Budget Circular A-76 regarding
performance of an activity or function of a
Federal agency, or a decision to convert a
function performed by Federal employees to
private sector performance without a
competition under OMB Circular A-76, includes--
``(i) any official who submitted the
agency tender in such competition; and
``(ii) any one person who, for the
purpose of representing them in a
protest under this subchapter that
relates to such competition, has been
designated as their agent by a majority
of the employees of such Federal agency
who are engaged in the performance of
such activity or function.''.
(B)(i) Subchapter V of chapter 35 of such
title is amended by adding at the end the
following new section:
``Sec. 3557. Expedited action in protests for public-private
competitions
``For protests in cases of public-private competitions
conducted under Office of Management and Budget Circular A-76
regarding performance of an activity or function of Federal
agencies, the Comptroller General shall administer the
provisions of this subchapter in a manner best suited for
expediting final resolution of such protests and final action
in such competitions.''.
(ii) The chapter analysis at the beginning of
such chapter is amended by inserting after the
item relating to section 3556 the following new
item:
``3557. Expedited action in protests for public-private competitions''.
(2) Right to intervene in civil action.--Section
1491(b) of title 28, United States Code, is amended by
adding at the end the following new paragraph:
``(5) If a private sector interested party commences an
action described in paragraph (1) in the case of a public-
private competition conducted under Office of Management and
Budget Circular A-76 regarding performance of an activity or
function of a Federal agency, or a decision to convert a
function performed by Federal employees to private sector
performance without a competition under Office of Management
and Budget Circular A-76, then an official or person described
in section 3551(2)(B) of title 31 shall be entitled to
intervene in that action.''.
(3) Applicability.--Subparagraph (B) of section
3551(2) of title 31, United States Code (as added by
paragraph (1)), and paragraph (5) of section 1491(b) of
title 28, United States Code (as added by paragraph
(2)), shall apply to--
(A) protests and civil actions that challenge
final selections of sources of performance of
an activity or function of a Federal agency
that are made pursuant to studies initiated
under Office of Management and Budget Circular
A-76 on or after January 1, 2004; and
(B) any other protests and civil actions that
relate to public-private competitions initiated
under Office of Management and Budget Circular
A-76, or a decision to convert a function
performed by Federal employees to private
sector performance without a competition under
Office of Management and Budget Circular A-76,
on or after the date of the enactment of this
Act.
(d) Limitation.--(1) None of the funds available in this Act
may be used--
(A) by the Office of Management and Budget to direct
or require another agency to take an action specified
in paragraph (2); or
(B) by an agency to take an action specified in
paragraph (2) as a result of direction or requirement
from the Office of Management and Budget.
(2) An action specified in this paragraph is the preparation
for, undertaking, continuation of, or completion of a public-
private competition or direct conversion under Office of
Management and Budget Circular A-76 or any other administrative
regulation, directive, or policy.
(e) Applicability.--This section shall apply with respect to
fiscal year 2008 and each succeeding fiscal year.
Sec. 740. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect in
fiscal year 2008 under sections 5303 and 5304 of title 5,
United States Code, shall be an increase of 3.5 percent, and
this adjustment shall apply to civilian employees in the
Department of Homeland Security and shall apply to civilian
employees in the Department of Defense who are represented by a
labor organization as defined in 5 U.S.C. 7103(a)(4), and such
adjustments shall be effective as of the first day of the first
applicable pay period beginning on or after January 1, 2008.
Civilian employees in the Department of Defense who are
eligible to be represented by a labor organization as defined
in 5 U.S.C. 7103(a)(4), but are not so represented, will
receive the adjustment provided for in this section unless the
positions are entitled to a pay adjustment under 5 U.S.C. 9902.
(b) Notwithstanding section 712 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take
place in fiscal year 2008 under sections 5344 and 5348 of title
5, United States Code, shall be no less than the percentage in
paragraph (a) as employees in the same location whose rates of
basic pay are adjusted pursuant to the statutory pay systems
under section 5303 and 5304 of title 5, United States Code.
Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and
5304 of title 5 and prevailing rate employees described in
section 5343(a)(5) of title 5 shall be considered to be located
in the pay locality designated as ``Rest of US'' pursuant to
section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or
agency for salaries and expenses for fiscal year 2008.
Sec. 741. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United
States, unless the story includes a clear notification within
the text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 742. (a) None of the funds made available in this Act
may be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act) and
regulations implementing that section.
(b) Section 522 of division H of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3268; 5
U.S.C. 552a note) is amended by striking subsection (d) and
inserting the following:
``(d) Inspector General Review.--The Inspector General of
each agency shall periodically conduct a review of the agency's
implementation of this section and shall report the results of
its review to the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on
Oversight and Government Reform, and the Senate Committee on
Homeland Security and Governmental Affairs. The report required
by this review may be incorporated into a related report to
Congress otherwise required by law including, but not limited
to, 44 U.S.C. 3545, the Federal Information Security Management
Act of 2002. The Inspector General may contract with an
independent, third party organization to conduct the review.''.
Sec. 743. Each executive department and agency shall evaluate
the creditworthiness of an individual before issuing the
individual a government travel charge card. Such evaluations
for individually-billed travel charge cards shall include an
assessment of the individual's consumer report from a consumer
reporting agency as those terms are defined in section 603 of
the Fair Credit Reporting Act (Public Law 91-508): Provided,
That section 604(a)(3) of such Act shall be amended by adding
to the end the following:
``(G) executive departments and agencies in
connection with the issuance of government-
sponsored individually-billed travel charge
cards.'':
Provided further, That the department or agency may not issue a
government travel charge card to an individual that either
lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided
further, That this restriction shall not preclude issuance of a
restricted-use charge, debit, or stored value card made in
accordance with agency procedures to: (1) an individual with an
unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the
card; or (2) an individual who lacks a credit history. Each
executive department and agency shall establish guidelines and
procedures for disciplinary actions to be taken against agency
personnel for improper, fraudulent, or abusive use of
government charge cards, which shall include appropriate
disciplinary actions for use of charge cards for purposes, and
at establishments, that are inconsistent with the official
business of the Department or agency or with applicable
standards of conduct.
Sec. 744. Crosscut Budget. (a) Definitions.--For purposes of
this section the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and
``Great Lakes State'' have the same meanings as such
terms have in section 506 of the Water Resources
Development Act of 2000 (42 U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term
``Great Lakes restoration activities'' means any
Federal or State activity primarily or entirely within
the Great Lakes watershed that seeks to improve the
overall health of the Great Lakes ecosystem.
(b) Report.--Not later than 30 days after submission of the
budget of the President to Congress, the Director of the Office
of Management and Budget, in coordination with the Governor of
each Great Lakes State and the Great Lakes Interagency Task
Force, shall submit to the appropriate authorizing and
appropriating committees of the Senate and the House of
Representatives a financial report, certified by the Secretary
of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including
any planned interagency or intra-agency
transfer, for each of the Federal agencies that
carries out Great Lakes restoration activities
in the upcoming fiscal year, separately
reporting the amount of funding to be provided
under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since fiscal
year 2004 by the Federal Government and State
governments for Great Lakes restoration
activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent
available, State agencies using Federal funds, for
Great Lakes restoration activities during the current
and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and
project status) to be carried out in the upcoming
fiscal year with the Federal portion of funds for
activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds
for activities.
Sec. 745. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used
for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection
(a) with respect to any Federal Government contract
under the authority of such Secretary if the Secretary
determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a
waiver under paragraph (1) shall report such issuance
to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant to
such contract.
Sec. 746. (a) Each executive department and agency shall
establish and maintain on the homepage of its website, an
obvious, direct link to the website of its respective Inspector
General.
(b) Each Office of Inspector General shall: (1) post on its
website any public report or audit or portion of any report or
audit issued within one day of its release; (2) provide a
service on its website to allow an individual to request
automatic receipt of information relating to any public report
or audit or portion of that report or audit and which permits
electronic transmittal of the information, or notice of the
availability of the information without further request; and
(3) establish and maintain a direct link on its website for
individuals to anonymously report waste, fraud and abuse.
Sec. 747. (a) None of the funds available under this or any
other Act may be used to carry out a public-private competition
or direct conversion under Office of Management and Budget
(OMB) Circular A-76, or any successor regulation, directive or
policy, relating to the Human Resources Lines of Business
initiative until 60 days after the Director of the Office of
Management and Budget submits to the Committees on
Appropriations of the House of Representatives and the Senate a
report on the use of public-private competitions and direct
conversion to contractor performance as part of the Human
Resources Lines of Business initiative.
(b) The report required by this section shall address the
following:
(1) The role, if any, that public-private
competitions under Circular A-76 or direct conversions
to contractor performance are expected to play as part
of the Human Resources Lines of Business initiative.
(2) The expected impact, if any, of the initiative on
employment levels at the Federal agencies involved or
across the Federal Government as a whole.
(3) An estimate of the annual and recurring savings
the initiative is expected to generate and a
description of the methodology used to derive that
estimate.
(4) An estimate of the total transition costs
attributable to the initiative.
(5) Guidance for use by agencies in evaluating the
benefits of the initiative and in developing
alternative strategies should expected benefits fail to
materialize.
(c) The Director of the Office of Management and Budget shall
provide a copy of the report to the Government Accountability
Office at the same time the report is submitted to the
Committees on Appropriations of the House of Representatives
and the Senate. The Government Accountability Office shall
review the report and brief the Committees on its views
concerning the report within 45 days after receiving the report
from the Director.
Sec. 748. No later than 180 days after enactment of this Act,
the Office of Management and Budget shall establish a pilot
program to develop and implement an inventory to track the cost
and size (in contractor manpower equivalents) of service
contracts, particularly with respect to contracts that have
been performed poorly by a contractor because of excessive
costs or inferior quality, as determined by a contracting
officer within the last five years, involve inherently
governmental functions, or were undertaken without competition.
The pilot program shall be established in at least three
Cabinet-level departments, based on varying levels of annual
contracting for services, as reported by the Federal
Procurement Data System's Federal Procurement Report for fiscal
year 2005, including at least one Cabinet-level department that
contracts out annually for $10,000,000,000 or more in services,
at least one Cabinet-level department that contracts out
annually for between $5,000,000,000 and $9,000,000,000 in
services, and at least one Cabinet-level department that
contracts out annually for under $5,000,000,000 in services.
Sec. 749. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such titles IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sec. 801. Whenever in this Act, an amount is specified within
an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall be
considered as the maximum amount that may be expended for said
purpose or object rather than an amount set apart exclusively
therefor.
Sec. 802. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor, or, in the case of the Council of
the District of Columbia, funds may be expended with the
authorization of the Chairman of the Council.
Sec. 803. There are appropriated from the applicable funds of
the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 804. (a) None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
(b) The District of Columbia may use local funds provided in
this title to carry out lobbying activities on any matter.
Sec. 805. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditures for an agency through
a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which
funds have been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $3,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center,
unless in the case of Federal funds, the Committees on
Appropriations of the House of Representatives and Senate are
notified in writing 15 days in advance of the reprogramming and
in the case of local funds, the Committees on Appropriations of
the House of Representatives and Senate are provided summary
reports on April 1, 2008 and October 1, 2008, setting forth
detailed information regarding each such local funds
reprogramming conducted subject to this subsection.
(b) None the local funds contained in this Act may be
available for obligation or expenditure for an agency through a
transfer of any local funds in excess of $3,000,000 from one
appropriation heading to another unless the Committees on
Appropriations of the House of Representatives and Senate are
provided summary reports on April 1, 2008 and October 1, 2008,
setting forth detailed information regarding each reprogramming
conducted subject to this subsection, except that in no event
may the amount of any funds transferred exceed 4 percent of the
local funds in the appropriations.
(c) The District of Columbia Government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through December 1, 2008.
Sec. 806. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act
shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 807. Notwithstanding section 8344(a) of title 5, United
States Code, the amendment made by section 2 of the District
Government Reemployed Annuitant Offset Elimination Amendment
Act of 2004 (D.C. Law 15-207) shall apply with respect to any
individual employed in an appointive or elective position with
the District of Columbia government after December 7, 2004.
Sec. 808. No later than 30 days after the end of the first
quarter of fiscal year 2008, the Mayor of the District of
Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2008 revenue
estimates as of the end of such quarter. These estimates shall
be used in the budget request for fiscal year 2009. The
officially revised estimates at midyear shall be used for the
midyear report.
Sec. 809. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries,
expenses, or other costs associated with the offices of United
States Senator or United States Representative under section
4(d) of the District of Columbia Statehood Constitutional
Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official
Code, sec. 1-123).
Sec. 810. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or enforce
any system of registration of unmarried, cohabiting couples,
including but not limited to registration for the purpose of
extending employment, health, or governmental benefits to such
couples on the same basis that such benefits are extended to
legally married couples.
Sec. 811. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be
obligated, or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
(B) the Council has reviewed and approved the
obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the obligation, and
expenditure of a grant if--
(A) no written notice of disapproval is filed with
the Secretary of the Council within 14 calendar days of
the receipt of the report from the Chief Financial
Officer under paragraph (1)(A); or
(B) if such a notice of disapproval is filed within
such deadline, the Council does not by resolution
disapprove the obligation, or expenditure of the grant
within 30 calendar days of the initial receipt of the
report from the Chief Financial Officer under paragraph
(1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to such
subsection.
(d) The Chief Financial Officer of the District of Columbia
may adjust the budget for Federal, private, and other grants
received by the District government reflected in the amounts
appropriated in this title, or approved and received under
subsection (b)(2) to reflect a change in the actual amount of
the grant.
(e) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted to
the Council of the District of Columbia and to the Committees
on Appropriations of the House of Representatives and Senate
not later than 15 days after the end of the quarter covered by
the report.
Sec. 812. (a) Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of
the officer's or employee's official duties. For purposes of
this paragraph, the term ``official duties'' does not include
travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or
is otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day
or is otherwise designated by the Fire Chief;
(3) at the discretion of the Director of the
Department of Corrections, an officer or employee of
the District of Columbia Department of Corrections who
resides in the District of Columbia and is on call 24
hours a day or is otherwise designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of
Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2008, an inventory, as of September
30, 2007, of all vehicles owned, leased or operated by the
District of Columbia government. The inventory shall include,
but not be limited to, the department to which the vehicle is
assigned; the year and make of the vehicle; the acquisition
date and cost; the general condition of the vehicle; annual
operating and maintenance costs; current mileage; and whether
the vehicle is allowed to be taken home by a District officer
or employee and if so, the officer or employee's title and
resident location.
Sec. 813. (a) None of the Federal funds contained in this Act
may be used by the District of Columbia Corporation Counsel or
any other officer or entity of the District government to
provide assistance for any petition drive or civil action which
seeks to require Congress to provide for voting representation
in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 814. None of the Federal funds contained in this Act may
be used for any program of distributing sterile needles or
syringes for the hypodermic injection of any illegal drug.
Sec. 815. None of the funds contained in this Act may be used
after the expiration of the 60-day period that begins on the
date of the enactment of this Act to pay the salary of any
chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency
as a result of this Act (and the amendments made by this Act),
including any duty to prepare a report requested either in the
Act or in any of the reports accompanying the Act and the
deadline by which each report must be submitted: Provided, That
the Chief Financial Officer of the District of Columbia shall
provide to the Committees on Appropriations of the House of
Representatives and Senate by April 1, 2008 and October 1,
2008, a summary list showing each report, the due date, and the
date submitted to the Committees.
Sec. 816. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health
insurance plans, but it is the intent of Congress that any
legislation enacted on such issue should include a ``conscience
clause'' which provides exceptions for religious beliefs and
moral convictions.
Sec. 817. The Mayor of the District of Columbia shall submit
to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate annual reports addressing--
(1) crime, including the homicide rate,
implementation of community policing, the number of
police officers on local beats, and the closing down of
open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of
people served, the number of people on waiting lists,
and the effectiveness of treatment programs;
(3) management of parolees and pre-trial violent
offenders, including the number of halfway houses
escapes and steps taken to improve monitoring and
supervision of halfway house residents to reduce the
number of escapes to be provided in consultation with
the Court Services and Offender Supervision Agency for
the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in
consultation with the District of Columbia Public
Schools and the District of Columbia public charter
schools;
(5) improvement in basic District services, including
rat control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the
District was eligible but failed to apply and the
number and type of grants awarded to the District but
for which the District failed to spend the amounts
received; and
(7) indicators of child well-being.
Sec. 818. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer of
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, section
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2008 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal-services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency where the
Chief Financial Officer of the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 819. (a) None of the funds contained in this Act may be
made available to pay--
(1) the fees of an attorney who represents a party in
an action or an attorney who defends an action brought
against the District of Columbia Public Schools under
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) in excess of $4,000 for that
action; or
(2) the fees of an attorney or firm whom the Chief
Financial Officer of the District of Columbia
determines to have a pecuniary interest, either through
an attorney, officer, or employee of the firm, in any
special education diagnostic services, schools, or
other special education service providers.
(b) In this section, the term ``action'' includes an
administrative proceeding and any ensuing or related
proceedings before a court of competent jurisdiction.
Sec. 820. The amount appropriated by this title may be
increased by no more than $100,000,000 from funds identified in
the comprehensive annual financial report as the District's
fiscal year 2007 unexpended general fund surplus. The District
may obligate and expend these amounts only in accordance with
the following conditions:
(1) The Chief Financial Officer of the District of
Columbia shall certify that the use of any such amounts
is not anticipated to have a negative impact on the
District's long-term financial, fiscal, and economic
vitality.
(2) The District of Columbia may only use these funds
for the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support
of each such obligation or expenditure.
(4) The amounts may not be used to fund the agencies
of the District of Columbia government under court
ordered receivership.
(5) The amounts may not be obligated or expended
unless the Mayor notifies the Committees on
Appropriations of the House of Representatives and
Senate not fewer than 30 days in advance of the
obligation or expenditure.
Sec. 821. (a) To account for an unanticipated growth of
revenue collections, the amount appropriated as District of
Columbia Funds pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25
percent, in the case of amounts proposed to be
allocated as ``Other-Type Funds'' in the Fiscal Year
2008 Proposed Budget and Financial Plan submitted to
Congress by the District of Columbia; and
(2) by an aggregate amount of not more than 6
percent, in the case of any other amounts proposed to
be allocated in such Proposed Budget and Financial
Plan.
(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of
Columbia shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not
anticipated to have a negative impact on the
long-term financial, fiscal, or economic health
of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the
District of Columbia in support of each such obligation
and expenditure, consistent with the requirements of
this Act.
(3) The amounts may not be used to fund any agencies
of the District government operating under court-
ordered receivership.
(4) The amounts may not be obligated or expended
unless the Mayor has notified the Committees on
Appropriations of the House of Representatives and
Senate not fewer than 30 days in advance of the
obligation or expenditure.
Sec. 822. The Chief Financial Officer for the District of
Columbia may, for the purpose of cash flow management, conduct
short-term borrowing from the emergency reserve fund and from
the contingency reserve fund established under section 450A of
the District of Columbia Home Rule Act (Public Law 98-198):
Provided, That the amount borrowed shall not exceed 50 percent
of the total amount of funds contained in both the emergency
and contingency reserve funds at the time of borrowing:
Provided further, That the borrowing shall not deplete either
fund by more than 50 percent: Provided further, That 100
percent of the funds borrowed shall be replenished within 9
months of the time of the borrowing or by the end of the fiscal
year, whichever occurs earlier: Provided further, That in the
event that short-term borrowing has been conducted and the
emergency or the contingency funds are later depleted below 50
percent as a result of an emergency or contingency, an amount
equal to the amount necessary to restore reserve levels to 50
percent of the total amount of funds contained in both the
emergency and contingency reserve fund must be replenished from
the amount borrowed within 60 days.
Sec. 823. (a) None of the funds contained in this Act may be
used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 824. None of the funds appropriated under this Act shall
be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 825. (a) Direct Appropriation.--Section 307(a) of the
District of Columbia Court Reform and Criminal Procedure Act of
1970 (sec. 2-1607(a), D.C. Official Code) is amended by
striking the first 2 sentences and inserting the following:
``There are authorized to be appropriated to the Service in
each fiscal year such funds as may be necessary to carry out
this chapter.''.
(b) Conforming Amendment.--Section 11233 of the Balanced
Budget Act of 1997 (sec. 24-133, D.C. Official Code) is amended
by striking subsection (f).
(e) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2008 and each
succeeding fiscal year.
Sec. 826. Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and
capital funds and such amounts, once transferred shall retain
appropriation authority consistent with the provisions of this
Act.
Sec. 827. In fiscal year 2008 and thereafter, amounts
deposited in the Student Enrollment Fund shall be available for
expenditure upon deposit and shall remain available until
expended consistent with the terms detailed in ``The Student
Funding Formula Assessment, Educational Data Warehouse, and
Enrollment Fund Establishment Amendment Act of 2007'' (title
IV-D of D.C. Law L17-0020) and the entire provisions of that
Act are incorporated herein by reference.
Sec. 828. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of this
title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2008''.
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management
of the Department of Homeland Security, as authorized by law,
$97,353,000: Provided, That not to exceed $40,000 shall be for
official reception and representation expenses: Provided
further, That $15,000,000 shall not be available for obligation
until the Secretary (1) certifies and reports to the Committees
on Appropriations of the Senate and the House of
Representatives that the Department has revised Departmental
guidance with respect to relations with the Government
Accountability Office to specifically provide for: (a)
expedited timeframes for providing the Government
Accountability Office with access to records within 20 days
from the date of request; (b) expedited timeframes for
interviews of program officials by the Government
Accountability Office after reasonable notice has been
furnished to the Department by the Government Accountability
Office; and (c) a significant streamlining of the review
process for documents and interview requests by liaisons,
counsel, and program officials, consistent with the objective
that the Government Accountability Office be given timely and
complete access to documents and agency officials; and (2)
defines in a memorandum to all Department employees the roles
and responsibilities of the Department of Homeland Security
Inspector General: Provided further, That the Secretary shall
make the revisions to Departmental guidance with respect to
relations with the Government Accountability Office in
consultation with the Comptroller General of the United States
and issue departmental guidance with respect to relations with
the Department of Homeland Security Inspector General in
consultation with the Inspector General: Provided further, That
not more than seventy-five percent of the funds provided under
this heading shall be obligated prior to the submission of the
first quarterly report on progress to improve and modernize
efforts to remove criminal aliens judged deportable from the
United States.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$150,238,000, of which not to exceed $3,000 shall be for
official reception and representation expenses: Provided, That
of the total amount, $6,000,000 shall remain available until
expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to
consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $31,300,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), and Department-wide technology
investments, $295,200,000; of which $81,000,000 shall be
available for salaries and expenses; and of which $214,200,000,
to remain available until expended, shall be available for
development and acquisition of information technology
equipment, software, services, and related activities for the
Department of Homeland Security, of which not less than
$36,800,000 shall be available, as requested in the President's
Fiscal Year 2008 Budget, for Department of Homeland Security
data center development and an additional $35,500,000 shall be
available for further construction of the National Center for
Critical Information Processing and Storage: Provided, That
none of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or
the Automated Commercial Environment: Provided further, That
the Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
not more than 60 days after the date of enactment of this Act,
an expenditure plan for all information technology acquisition
projects that: (1) are funded under this heading; or (2) are
funded by multiple components of the Department of Homeland
Security through reimbursable agreements: Provided further,
That such expenditure plan shall include each specific project
funded, key milestones, all funding sources for each project,
details of annual and lifecycle costs, and projected cost
savings or cost avoidance to be achieved by the project.
Analysis and Operations
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for information analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$306,000,000, to remain available until September 30, 2009, of
which not to exceed $5,000 shall be for official reception and
representation expenses: Provided, That of the amounts made
available under this heading in Public Law 109-295, $8,700,000
are rescinded.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $2,700,000: Provided,
That $1,000,000 shall not be available for obligation until the
Committees on Appropriations of the Senate and the House of
Representatives receive an expenditure plan for fiscal year
2008.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $92,711,000, of which not to exceed
$150,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural
inspections and regulatory activities related to plant and
animal imports; purchase and lease of up to 4,500 (2,300 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $6,802,560,000, of
which $3,093,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $226,740,000
shall be for Air and Marine Operations; of which $13,000,000
shall be used to procure commercially available technology in
order to expand and improve the risk-based approach of the
Department of Homeland Security to target and inspect cargo
containers under the Secure Freight Initiative and the Global
Trade Exchange; of which such sums as become available in the
Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that
account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance
operations; and of which not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided, That of the amount provided under this
heading, $323,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That for fiscal year 2008, the overtime
limitation prescribed in section 5(c)(1) of the Act of February
13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any
employee of U.S. Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies: Provided further, That of the amount made
available under this heading, $202,816,000 shall remain
available until September 30, 2009, to support software
development, equipment, contract services, and the
implementation of inbound lanes and modification to vehicle
primary processing lanes at ports of entry; of which $100,000
is to promote information and education exchange with nations
friendly to the United States in order to promote sharing of
best practices and technologies relating to homeland security,
as authorized by section 879 of Public Law 107-296; and of
which $75,000,000 may not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive a report not later than 120 days after the date of
enactment of this Act on the preliminary results of testing of
pilots at ports of entry used to develop and implement the plan
required by section 7209(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C.
1185 note), which includes the following information: (1)
infrastructure and staffing required, with associated costs, by
port of entry; (2) updated milestones for plan implementation;
(3) a detailed explanation of how requirements of such section
have been satisfied; (4) confirmation that a vicinity-read
radio frequency identification card has been adequately tested
to ensure operational success; and (5) a description of steps
taken to ensure the integrity of privacy safeguards.
AUTOMATION MODERNIZATION
For expenses for U.S. Customs and Border Protection automated
systems, $476,609,000, to remain available until expended, of
which not less than $316,969,000 shall be for the development
of the Automated Commercial Environment: Provided, That of the
total amount made available under this heading, $216,969,000
may not be obligated for the Automated Commercial Environment
program until 30 days after the Committees on Appropriations of
the Senate and the House of Representatives receive a report on
the results to date and plans for the program from the
Department of Homeland Security that includes:
(1) a detailed accounting of the program's progress
up to the date of the report in meeting prior
commitments made to the Committees relative to system
capabilities or services, system performance levels,
mission benefits and outcomes, milestones, cost
targets, and program management capabilities;
(2) an explicit plan of action defining how all funds
are to be obligated to meet future program commitments,
with the planned expenditure of funds linked to the
milestone-based delivery of specific capabilities,
services, performance levels, mission benefits and
outcomes, and program management capabilities;
(3) a listing of all open Government Accountability
Office and Office of Inspector General recommendations
related to the program, with the status of the
Department's efforts to address the recommendations,
including milestones for fully addressing them;
(4) a certification by the Chief Procurement Officer
of the Department that the program has been reviewed
and approved in accordance with the investment
management process of the Department, and that the
process fulfills all capital planning and investment
control requirements and reviews established by the
Office of Management and Budget, including Circular A-
11, part 7, as well as supporting analyses generated by
and used in the Department's process;
(5) a certification by the Chief Information Officer
of the Department that an independent validation and
verification agent has and will continue to actively
review the program;
(6) a certification by the Chief Information Officer
of the Department that the system architecture of the
program is sufficiently aligned with the information
systems enterprise architecture of the Department to
minimize future rework, including a description of all
aspects of the architectures that were and were not
assessed in making the alignment determination, the
date of the alignment determination, any known areas of
misalignment along with the associated risks and
corrective actions to address any such areas;
(7) a certification by the Chief Information Officer
of the Department that the program has a risk
management process that regularly and proactively
identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle, and communicates
high-risk conditions to U.S. Customs and Border
Protection and Department of Homeland Security
investment decision makers, as well as a listing of the
program's high risks and the status of efforts to
address them;
(8) a certification by the Chief Procurement Officer
of the Department that the plans for the program comply
with the Federal acquisition rules, requirements,
guidelines, and practices, and a description of the
actions being taken to address areas of non-compliance,
the risks associated with them along with any plans for
addressing these risks and the status of their
implementation; and
(9) a certification by the Chief Human Capital
Officer of the Department that the human capital needs
of the program are being strategically and proactively
managed, and that current human capital capabilities
are sufficient to execute the plans discussed in the
report.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For expenses for customs and border protection fencing,
infrastructure, and technology, $1,225,000,000, to remain
available until expended: Provided, That of the amount provided
under this heading, $1,053,000,000 is designated as described
in section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That of the amount
provided under this heading, $650,000,000 shall not be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure, prepared by the Secretary of Homeland Security and
submitted within 90 days after the date of enactment of this
Act, for a program to establish a security barrier along the
borders of the United States of fencing and vehicle barriers,
where practicable, and other forms of tactical infrastructure
and technology, that includes:
(1) a detailed accounting of the program's progress
to date relative to system capabilities or services,
system performance levels, mission benefits and
outcomes, milestones, cost targets, program management
capabilities, identification of the maximum investment
(including lifecycle costs) required by the Secure
Border Initiative network or any successor contract,
and description of the methodology used to obtain these
cost figures;
(2) a description of how activities will further the
objectives of the Secure Border Initiative, as defined
in the Secure Border Initiative multi-year strategic
plan, and how the plan allocates funding to the highest
priority border security needs;
(3) an explicit plan of action defining how all funds
are to be obligated to meet future program commitments,
with the planned expenditure of funds linked to the
milestone-based delivery of specific capabilities,
services, performance levels, mission benefits and
outcomes, and program management capabilities;
(4) an identification of staffing (including full-
time equivalents, contractors, and detailees)
requirements by activity;
(5) a description of how the plan addresses security
needs at the Northern Border and the ports of entry,
including infrastructure, technology, design and
operations requirements;
(6) a report on costs incurred, the activities
completed, and the progress made by the program in
terms of obtaining operational control of the entire
border of the United States;
(7) a listing of all open Government Accountability
Office and Office of Inspector General recommendations
related to the program and the status of Department of
Homeland Security actions to address the
recommendations, including milestones to fully address
them;
(8) a certification by the Chief Procurement Officer
of the Department that the program has been reviewed
and approved in accordance with the investment
management process of the Department, and that the
process fulfills all capital planning and investment
control requirements and reviews established by the
Office of Management and Budget, including Circular A-
11, part 7;
(9) a certification by the Chief Information Officer
of the Department that the system architecture of the
program is sufficiently aligned with the information
systems enterprise architecture of the Department to
minimize future rework, including a description of all
aspects of the architectures that were and were not
assessed in making the alignment determination, the
date of the alignment determination, and any known
areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(10) a certification by the Chief Procurement Officer
of the Department that the plans for the program comply
with the Federal acquisition rules, requirements,
guidelines, and practices, and a description of the
actions being taken to address areas of non-compliance,
the risks associated with them along with any plans for
addressing these risks, and the status of their
implementation;
(11) a certification by the Chief Information Officer
of the Department that the program has a risk
management process that regularly and proactively
identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle and communicates high-
risk conditions to U.S. Customs and Border Protection
and Department of Homeland Security investment
decisionmakers, as well as a listing of all the
program's high risks and the status of efforts to
address them;
(12) a certification by the Chief Human Capital
Officer of the Department that the human capital needs
of the program are being strategically and proactively
managed, and that current human capital capabilities
are sufficient to execute the plans discussed in the
report;
(13) an analysis by the Secretary for each segment,
defined as no more than 15 miles, of fencing or
tactical infrastructure, of the selected approach
compared to other, alternative means of achieving
operational control; such analysis should include cost,
level of operational control, possible unintended
effects on communities, and other factors critical to
the decision-making process;
(14) a certification by the Chief Procurement Officer
of the Department of Homeland Security that procedures
to prevent conflicts of interest between the prime
integrator and major subcontractors are established and
that the Secure Border Initiative Program Office has
adequate staff and resources to effectively manage the
Secure Border Initiative program, Secure Border
Initiative network contract, and any related contracts,
including the exercise of technical oversight, and a
certification by the Chief Information Officer of the
Department of Homeland Security that an independent
verification and validation agent is currently under
contract for the projects funded under this heading;
and
(15) is reviewed by the Government Accountability
Office:
Provided further, That the Secretary shall report to the
Committees on Appropriations of the Senate and the House of
Representatives on program progress to date and specific
objectives to be achieved through the award of current and
remaining task orders planned for the balance of available
appropriations: (1) at least 30 days prior to the award of any
task order requiring an obligation of funds in excess of
$100,000,000; and (2) prior to the award of a task order that
would cause cumulative obligations of funds to exceed 50
percent of the total amount appropriated: Provided further,
That of the funds provided under this heading, not more than
$2,000,000 shall be used to reimburse the Defense Acquisition
University for the costs of conducting a review of the Secure
Border Initiative network contract and determining how and
whether the Department is employing the best procurement
practices: Provided further, That none of the funds under this
heading may be obligated for any project or activity for which
the Secretary has exercised waiver authority pursuant to
section 102(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 days
have elapsed from the date of the publication of the decision
in the Federal Register.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, and rental payments for facilities occupied by the air
or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of
narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at
the discretion of the Secretary of Homeland Security, the
provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts,
$570,047,000, to remain available until expended: Provided,
That of the amount provided under this heading, $94,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act): Provided further, That no
aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as
excess to U.S. Customs and Border Protection requirements and
aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or office
outside of the Department of Homeland Security during fiscal
year 2008 without the prior approval of the Committees on
Appropriations of the Senate and the House of Representatives.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $348,363,000, to remain available until
expended; of which $39,700,000 shall be for the Advanced
Training Center: Provided, That of the amount provided under
this heading, $61,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act).
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 3,790 (2,350 for replacement only)
police-type vehicles; $4,687,517,000, of which not to exceed
$7,500,000 shall be available until expended for conducting
special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of
Homeland Security; of which not less than $305,000 shall be for
promotion of public awareness of the child pornography tipline
and anti-child exploitation activities as requested by the
President; of which not less than $5,400,000 shall be used to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of
which not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled illegal
aliens: Provided, That of the amount provided under this
heading, $516,400,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That none of the funds made available under
this heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that
the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided,
$15,770,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2008, of which not to exceed
$6,000,000 shall remain available until expended: Provided
further, That of the total amount provided, not less than
$2,381,401,000 is for detention and removal operations:
Provided further, That of the total amount provided,
$200,000,000 shall remain available until September 30, 2009,
to improve and modernize efforts to identify aliens convicted
of a crime, sentenced to imprisonment, and who may be
deportable, and remove them from the United States once they
are judged deportable: Provided further, That none of the funds
made available to improve and modernize efforts to identify and
remove aliens convicted of a crime, sentenced to imprisonment,
and who may be deportable (in this proviso referred to as
criminal aliens), and remove them from the United States once
they are judged deportable, shall be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive a plan for expenditure, prepared by the
Secretary of Homeland Security and submitted within 90 days
after the date of enactment of this Act, to modernize the
policies and technologies used to identify and remove criminal
aliens, that--
(1) presents a strategy for U.S. Immigration and
Customs Enforcement to identify every criminal alien,
at the prison, jail, or correctional institution in
which they are held;
(2) establishes the process U.S. Immigration and
Customs Enforcement, in conjunction with the U.S.
Department of Justice, will use to make every
reasonable effort to remove, upon their release from
custody, all criminal aliens judged deportable;
(3) presents a methodology U.S. Immigration and
Customs Enforcement will use to identify and prioritize
for removal criminal aliens convicted of violent
crimes;
(4) defines the activities, milestones, and resources
for implementing the strategy and process described in
sections (1) and (2); and
(5) includes program measurements for progress in
implementing the strategy and process described in
sections (1) and (2):
Provided further, That the Secretary of Homeland Security or a
designee of the Secretary shall report to the Committees on
Appropriations of the Senate and the House of Representatives,
at least quarterly, on progress implementing the expenditure
plan required in the preceding proviso, and the funds obligated
during that quarter to make that progress: Provided further,
That the funding and staffing resources necessary to carry out
the strategy and process described in sections (1) and (2)
under this heading shall be identified in the President's
fiscal year 2009 budget submission to Congress.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives
no later than December 31, 2007, that the operations of the
Federal Protective Service will be fully funded in fiscal year
2008 through revenues and collection of security fees, and
shall adjust the fees to ensure fee collections are sufficient
to ensure the Federal Protective Service maintains, by July 31,
2008, not fewer than 1,200 full-time equivalent staff and 900
full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly
engaged on a daily basis protecting and enforcing laws at
Federal buildings (referred to as ``in-service field staff'').
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement automated
systems, $30,700,000, to remain available until expended:
Provided, That of the funds made available under this heading,
$5,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive a plan for expenditure prepared by the Secretary of
Homeland Security.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $16,500,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $10,500,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That none of the funds made available in this
Act may be used to solicit or consider any request to privatize
facilities currently owned by the United States Government and
used to detain illegal aliens until the Committees on
Appropriations of the Senate and the House of Representatives
receive a plan for carrying out that privatization.
Transportation Security Administration
AVIATION SECURITY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$4,808,691,000, to remain available until September 30, 2009,
of which not to exceed $10,000 shall be for official reception
and representation expenses: Provided, That of the total amount
made available under this heading, not to exceed $3,768,489,000
shall be for screening operations, of which $294,000,000 shall
be available only for procurement and installation of checked
baggage explosive detection systems; and not to exceed
$1,009,977,000 shall be for aviation security direction and
enforcement: Provided further, That security service fees
authorized under section 44940 of title 49, United States Code,
shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security:
Provided further, That any funds collected and made available
from aviation security fees pursuant to section 44940(i) of
title 49, United States Code, may, notwithstanding paragraph
(4) of such section 44940(i), be expended for the purpose of
improving screening at airport screening checkpoints, which may
include the purchase and utilization of emerging technology
equipment; the refurbishment and replacement of current
equipment; the installation of surveillance systems to monitor
checkpoint activities; the modification of checkpoint
infrastructure to support checkpoint reconfigurations; and the
creation of additional checkpoints to screen aviation
passengers and airport personnel: Provided further, That of the
amounts provided under this heading, $30,000,000 may be
transferred to the ``Surface Transportation Security'';
``Transportation Threat Assessment And Credentialing''; and
``Transportation Security Support'' appropriations in this Act
for the purpose of implementing regulations and activities
authorized in Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53): Provided further,
That the sum appropriated under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2008, so
as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,598,466,000:
Provided further, That any security service fees collected in
excess of the amount made available under this heading shall
become available during fiscal year 2009: Provided further,
That Members of the United States House of Representatives and
United States Senate, including the leadership; and the heads
of Federal agencies and commissions, including the Secretary,
Under Secretaries, and Assistant Secretaries of the Department
of Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States attorneys;
and senior members of the Executive Office of the President,
including the Director of the Office of Management and Budget;
shall not be exempt from Federal passenger and baggage
screening.
SURFACE TRANSPORTATION SECURITY
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $46,613,000, to remain available until
September 30, 2009.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
For necessary expenses for the development and implementation
of screening programs of the Office of Transportation Threat
Assessment and Credentialing, $82,590,000, to remain available
until September 30, 2009: Provided, That if the Assistant
Secretary of Homeland Security (Transportation Security
Administration) determines that the Secure Flight program does
not need to check airline passenger names against the full
terrorist watch list, then the Assistant Secretary shall
certify to the Committees on Appropriations of the Senate and
the House of Representatives that no significant security risks
are raised by screening airline passenger names only against a
subset of the full terrorist watch list.
TRANSPORTATION SECURITY SUPPORT
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat. 597;
49 U.S.C. 40101 note), $523,515,000, to remain available until
September 30, 2009: Provided, That of the funds appropriated
under this heading, $10,000,000 may not be obligated until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives
detailed expenditure plans for checkpoint support and explosive
detection systems refurbishment, procurement, and installations
on an airport-by-airport basis for fiscal year 2008; and a
strategic plan required for checkpoint technologies as
described in the joint explanatory statement of managers
accompanying the fiscal year 2007 conference report (H. Rept.
109-699): Provided further, That these plans shall be submitted
no later than 60 days after the date of enactment of this Act.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals,
$769,500,000.
Coast Guard
OPERATING EXPENSES
For necessary expenses for the operation and maintenance of
the Coast Guard not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be
for replacement only; minor shore construction projects not
exceeding $1,000,000 in total cost at any location; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare;
$5,891,347,000, of which $340,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which not to exceed $20,000 shall be for
official reception and representation expenses; and of which
$3,600,000 shall be for costs to plan and design an expansion
to the Operations Systems Center subject to the approval of a
prospectus: Provided, That none of the funds made available by
this or any other Act shall be available for administrative
expenses in connection with shipping commissioners in the
United States: Provided further, That none of the funds made
available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United
States Code, except to the extent fees are collected from yacht
owners and credited to this appropriation: Provided further,
That not to exceed 5 percent of this appropriation may be
transferred to the ``Acquisition, Construction, and
Improvements'' appropriation for personnel compensation and
benefits and related costs to adjust personnel assignment to
accelerate management and oversight of new or existing projects
without detrimentally affecting the management and oversight of
other projects: Provided further, That the amount made
available for ``Personnel, Compensation, and Benefits'' in the
``Acquisition, Construction, and Improvements'' appropriation
shall not be increased by more than 10 percent by such
transfers: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified of each transfer within 30 days after it is
executed by the Treasury: Provided further, That of the amount
provided under this heading, $70,300,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,000,000, to
remain available until expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $126,883,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING RESCISSIONS OF FUNDS)
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and operation
of facilities and equipment, as authorized by law;
$1,125,083,000, of which $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $45,000,000 shall be available until
September 30, 2012, to acquire, repair, renovate, or improve
vessels, small boats, and related equipment; of which
$173,100,000 shall be available until September 30, 2010, for
other equipment; of which $40,997,000 shall be available until
September 30, 2010, for shore facilities and aids to navigation
facilities; of which $82,720,000 shall be available for
personnel compensation and benefits and related costs; and of
which $783,266,000 shall be available until September 30, 2012,
for the Integrated Deepwater Systems program: Provided, That of
the funds made available for the Integrated Deepwater Systems
program, $327,416,000 is for aircraft and $243,400,000 is for
surface ships: Provided further, That of the amount provided in
the preceding proviso for aircraft, $70,000,000 may not be
obligated for the Maritime Patrol Aircraft until the Commandant
of the Coast Guard certifies that the mission system pallet
Developmental Test and Evaluation of the HC-144A CASA Maritime
Patrol Aircraft is complete: Provided further, That no funds
shall be available for procurements related to the acquisition
of additional major assets as part of the Integrated Deepwater
Systems program not already under contract until an
alternatives analysis has been completed by an independent
qualified third party: Provided further, That $300,000,000 of
the funds provided for the Integrated Deepwater Systems program
may not be obligated until the Committees on Appropriations of
the Senate and the House of Representatives receive and approve
a plan for expenditure directly from the Coast Guard that--
(1) defines activities, milestones, yearly costs, and
lifecycle costs for each procurement of a major asset,
including an independent cost estimate for each;
(2) identifies lifecycle staffing and training needs
of Coast Guard project managers and of procurement and
contract staff;
(3) identifies competition to be conducted in each
procurement;
(4) describes procurement plans that do not rely on a
single industry entity or contract;
(5) includes a certification by the Chief Human
Capital Officer of the Department that current human
capital capabilities are sufficient to execute the
plans discussed in the report;
(6) contains very limited indefinite delivery/
indefinite quantity contracts and explains the need for
any indefinite delivery/indefinite quantity contracts;
(7) identifies individual project balances by fiscal
year, including planned carryover into fiscal year 2009
by project;
(8) identifies operational gaps by asset and explains
how funds provided in this Act address the shortfalls
between current operational capabilities and
requirements;
(9) includes a listing of all open Government
Accountability Office and Office of Inspector General
recommendations related to the program and the status
of Coast Guard actions to address the recommendations,
including milestones for fully addressing them;
(10) includes a certification by the Chief
Procurement Officer of the Department that the program
has been reviewed and approved in accordance with the
investment management process of the Department, and
that the process fulfills all capital planning and
investment control requirements and reviews established
by the Office of Management and Budget, including
Circular A-11, part 7;
(11) identifies use of the Defense Contract Auditing
Agency;
(12) includes a certification by the head of
contracting activity for the Coast Guard and the Chief
Procurement Officer of the Department that the plans
for the program comply with the Federal acquisition
rules, requirements, guidelines, and practices, and a
description of the actions being taken to address areas
of non-compliance, the risks associated with them along
with plans for addressing these risks, and the status
of their implementation;
(13) identifies the use of independent validation and
verification; and
(14) is reviewed by the Government Accountability
Office:
Provided further, That the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, in conjunction with the
President's fiscal year 2009 budget, a review of the Revised
Deepwater Implementation Plan that identifies any changes to
the plan for the fiscal year; an annual performance comparison
of Deepwater assets to pre-Deepwater legacy assets; a status
report of legacy assets; a detailed explanation of how the
costs of legacy assets are being accounted for within the
Deepwater program; and the earned value management system gold
card data for each Deepwater asset: Provided further, That the
Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a comprehensive
review of the Revised Deepwater Implementation Plan every five
years, beginning in fiscal year 2011, that includes a complete
projection of the acquisition costs and schedule for the
duration of the plan through fiscal year 2027: Provided
further, That the Secretary shall annually submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast
Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that
budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for
the next five fiscal years or until project completion,
whichever is earlier;
(4) an estimated completion date at the projected
funding levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous
future-years capital investment plans submitted to the
Committees on Appropriations of the Senate and the
House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are
consistent to the maximum extent practicable with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget as
submitted under section 1105(a) of title 31, United States
Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and
proposed appropriations shall be identified and justified:
Provided further, That of amounts made available under this
heading in Public Laws 108-334 and 109-90 for the Offshore
Patrol Cutter, $98,627,476 are rescinded: Provided further,
That of amounts made available under this heading in Public Law
108-334 for VTOL unmanned aerial vehicles (VUAV), $162,850 are
rescinded: Provided further, That of amounts made available
under this heading in Public Law 109-90 for unmanned air
vehicles (UAVs), $32,942,138 are rescinded: Provided further,
That of amounts made available under this heading in Public Law
109-295 for VTOL unmanned aerial vehicles (UAVs), $716,536 are
rescinded: Provided further, That of the amount provided under
this heading, $95,800,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act).
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the Truman-
Hobbs Act (33 U.S.C. 516), $16,000,000, to remain available
until expended.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $25,000,000, to remain
available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)): Provided, That there may be credited to
and used for the purposes of this appropriation funds received
from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred
for research, development, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
concurrent receipts and combat-related special compensation
under the National Defense Authorization Act, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,184,720,000, to
remain available until expended.
United States Secret Service
SALARIES AND EXPENSES
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 645 vehicles for police-
type use for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates as
may be determined by the Director of the Secret Service; rental
of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of a
protectee requires an employee to work 16 hours per day or to
remain overnight at a post of duty; conduct of and
participation in firearms matches; presentation of awards;
travel of United States Secret Service employees on protective
missions without regard to the limitations on such expenditures
in this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to
conduct behavioral research in support of protective research
and operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,381,771,000, of which $853,690,000 is for
protective functions; of which not to exceed $25,000 shall be
for official reception and representation expenses; of which
not to exceed $100,000 shall be to provide technical assistance
and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for
forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be for a
grant for activities related to the investigations of missing
and exploited children and shall remain available until
expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30,
2009: Provided further, That the United States Secret Service
is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined
in section 105 of title 5, United States Code, receiving
training sponsored by the James J. Rowley Training Center,
except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under this
heading at the end of the fiscal year.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,725,000, to
remain available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the immediate Office of the
Under Secretary for National Protection and Programs, the
National Protection Planning Office, support for operations,
information technology, and Risk Management and Analysis,
$47,346,000: Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided
further, That of the total amount provided under this heading,
$5,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve an expenditure plan by program, project,
and activity.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by
title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.), $654,730,000, of which $586,960,000 shall remain
available until September 30, 2009.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1365a), $475,000,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $275,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That of the total amount made available under
this heading, $125,000,000 may not be obligated for the United
States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland Security that
includes:
(1) a detailed accounting of the program's progress
to date relative to system capabilities or services,
system performance levels, mission benefits and
outcomes, milestones, cost targets, and program
management capabilities;
(2) an explicit plan of action defining how all funds
are to be obligated to meet future program commitments,
with the planned expenditure of funds linked to the
milestone-based delivery of specific capabilities,
services, performance levels, mission benefits and
outcomes, and program management capabilities;
(3) a listing of all open Government Accountability
Office and Office of Inspector General recommendations
related to the program and the status of Department of
Homeland Security actions to address the
recommendations, including milestones for fully
addressing them;
(4) a certification by the Chief Procurement Officer
of the Department that the program has been reviewed
and approved in accordance with the investment
management process of the Department, and that the
process fulfills all capital planning and investment
control requirements and reviews established by the
Office of Management and Budget, including Circular A-
11, part 7;
(5) a certification by the Chief Information Officer
of the Department of Homeland Security that an
independent verification and validation agent is
currently under contract for the project;
(6) a certification by the Chief Information Officer
of the Department that the system architecture of the
program is sufficiently aligned with the information
systems enterprise architecture of the Department to
minimize future rework, including a description of all
aspects of the architectures that were and were not
assessed in making the alignment determination, the
date of the alignment determination, and any known
areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer
of the Department that the plans for the program comply
with the Federal acquisition rules, requirements,
guidelines, and practices, and a description of the
actions being taken to address areas of non-compliance,
the risks associated with them along with any plans for
addressing these risks, and the status of their
implementation;
(8) a certification by the Chief Information Officer
of the Department that the program has a risk
management process that regularly identifies,
evaluates, mitigates, and monitors risks throughout the
system life cycle, and communicates high-risk
conditions to agency and Department of Homeland
Security investment decisionmakers, as well as a
listing of all the program's high risks and the status
of efforts to address them;
(9) a certification by the Chief Human Capital
Officer of the Department that the human capital needs
of the program are being strategically and proactively
managed, and that current human capital capabilities
are sufficient to execute the plans discussed in the
report;
(10) a complete schedule for the full implementation
of a biometric exit program or a certification that
such program is not possible within five years;
(11) a detailed accounting of operation and
maintenance, contractor services, and program costs
associated with the management of identity services;
and
(12) is reviewed by the Government Accountability
Office.
Office of Health Affairs
For the necessary expenses of the Office of Health Affairs,
$116,500,000; of which $24,317,000 is for salaries and
expenses; and of which $92,183,000, to remain available until
September 30, 2009, is for biosurveillance, BioWatch, medical
readiness planning, chemical response, and other activities:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
For necessary expenses for management and administration of
the Federal Emergency Management Agency, $664,000,000,
including activities authorized by the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emergency
Management Reform Act of 2006 (Public Law 109-295; 120 Stat.
1394): Provided, That not to exceed $3,000 shall be for
official reception and representation expenses: Provided
further, That the President's budget submitted under section
1105(a) of title 31, United States Code, shall be detailed by
office for the Federal Emergency Management Agency: Provided
further, That of the total amount made available under this
heading, $32,500,000 shall be for the Urban Search and Rescue
Response System, of which not to exceed $1,600,000 may be made
available for administrative costs; and $6,000,000 shall be for
the Office of National Capital Region Coordination: Provided
further, That for purposes of planning, coordination,
execution, and decisionmaking related to mass evacuation during
a disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be
incorporated into efforts to integrate the activities of
Federal, State, and local governments in the National Capital
Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other
activities, $3,177,800,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland
Security Grant Program under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605) as amended
by Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53): Provided, That of the
amount provided by this paragraph, $60,000,000 shall be
for Operation Stonegarden and is designated as
described in section 5 (in the matter preceding
division A of this consolidated Act): Provided further,
That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2008, the Commonwealth of Puerto
Rico shall make available to local and tribal
governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004;
(2) $820,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604) as amended by Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53), of which, notwithstanding
subsection (c)(1) of such section, $15,000,000 shall be
for grants to organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined
by the Secretary to be at high-risk of a terrorist
attack;
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants;
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723);
(5) $15,000,000 shall be for the Citizens Corps
Program;
(6) $400,000,000 shall be for Public Transportation
Security Assistance and Railroad Security Assistance
under sections 1406 and 1513 of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1135 and 1163), of which
not less than $25,000,000 shall be for Amtrak security;
(7) $400,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107;
(8) $11,500,000 shall be for Over-the-Road Bus
Security Assistance under section 1532 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (Public Law 110-53; 6 U.S.C. 1182);
(9) $16,000,000 shall be for Trucking Industry
Security Grants;
(10) $50,000,000 shall be for Buffer Zone Protection
Program Grants;
(11) $50,000,000 shall be for grants under section
204 of the REAL ID Act of 2005 (Public Law 109-13; 49
U.S.C. 30301 note): Provided, That the amount provided
under this paragraph shall be designated as described
in section 5 (in the matter preceding division A of
this consolidated Act);
(12) $25,000,000 shall be for the Commercial
Equipment Direct Assistance Program;
(13) $50,000,000 shall be for the Interoperable
Emergency Communications Grant Program under section
1809 of the Homeland Security Act of 2002 (6 U.S.C.
579) as amended by Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53);
(14) $15,000,000 shall be for grants for construction
of Emergency Operations Centers under section 614 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c) as amended by
Implementing Recommendations of the 9/11 Commission Act
of 2007 (Public Law 110-53); and
(15) $299,300,000 shall be for training, exercises,
technical assistance, and other programs:
Provided, That not to exceed three percent of the amounts
provided under this heading may be transferred to the Federal
Emergency Management Agency ``Management and Administration''
account for program administration: Provided further, That for
grants under paragraphs (1) through (5), the applications for
grants shall be made available to eligible applicants not later
than 25 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 90
days after the grant announcement, and that the Administrator
of the Federal Emergency Management Agency shall act within 90
days after receipt of an application: Provided further, That
for grants under paragraphs (6) through (11), the applications
for grants shall be made available to eligible applicants not
later than 30 days after the date of enactment of this Act,
that eligible applicants shall submit applications within 45
days after the grant announcement, and that the Federal
Emergency Management Agency shall act not later than 60 days
after receipt of an application: Provided further, That
grantees shall provide additional reports on their use of
funds, as determined necessary by the Secretary of Homeland
Security: Provided further, That (a) the Center for Domestic
Preparedness may provide training to emergency response
providers from the Federal Government, foreign governments, or
private entities, if the Center for Domestic Preparedness is
reimbursed for the cost of such training, and any reimbursement
under this subsection shall be credited to the account from
which the expenditure being reimbursed was made and shall be
available, without fiscal year limitation, for the purposes for
which amounts in the account may be expended, (b) the head of
the Center for Domestic Preparedness shall ensure that any
training provided under (a) does not interfere with the primary
mission of the Center to train State and local emergency
response providers: Provided further, That the Government
Accountability Office shall report to the Committees on
Appropriations of the Senate and the House of Representatives
regarding the data, assumptions, and methodology that the
Department uses to assess risk and allocate Urban Area Security
Initiative and State Homeland Security Grants not later than 45
days after the date of enactment of this Act: Provided further,
That the report shall include the reliability and validity of
the data used, the basis for the assumptions used, how the
methodology is applied to determine the risk scores for
individual locations, an analysis of the usefulness of placing
States and cities into tier groups, and the allocation of
grants to eligible locations: Provided further, That the
Department provide the Government Accountability Office with
the actual data that the Department used for its risk
assessment and grant allocation for at least two locations at
the discretion of the Government Accountability Office for the
2007 grant allocation process: Provided further, That the
Department provide the Government Accountability Office with
access to all data needed for its analysis and report,
including specifics on all changes for the fiscal year 2008
process, including, but not limited to, all changes in data,
assumptions, and weights used in methodology within seven days
after the date of enactment of this Act: Provided further, That
any subsequent changes made regarding the risk methodology
after the initial information is provided to the Government
Accountability Office shall be provided within seven days after
the change is made.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), $750,000,000, of which $560,000,000 shall be available
to carry out section 33 of that Act (15 U.S.C. 2229) and
$190,000,000 shall be available to carry out section 34 of that
Act (15 U.S.C. 2229a), to remain available until September 30,
2009: Provided, That not to exceed five percent of the amount
available under this heading shall be available for program
administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$300,000,000: Provided, That total administrative costs shall
not exceed three percent of the total amount appropriated under
this heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2008, as
authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department
of Homeland Security necessary for its radiological emergency
preparedness program for the next fiscal year: Provided, That
the methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such
fees: Provided further, That fees received under this heading
shall be deposited in this account as offsetting collections
and will become available for authorized purposes on October 1,
2008, and remain available until expended.
UNITED STATES FIRE ADMINISTRATION
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), $43,300,000.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $1,400,000,000, to remain available until expended:
Provided, That of the total amount provided, $16,000,000 shall
be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to
disasters, subject to section 503 of this Act: Provided
further, That up to $60,000,000 may be transferred to
``Management and Administration'', Federal Emergency Management
Agency, of which $48,000,000 and 250 positions are for
management and administration functions and $12,000,000 is for
activities related to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided
further, That of the amount provided in the previous proviso,
$30,000,000 shall not be available for transfer for management
and administration functions until the Federal Emergency
Management Agency submits an expenditure plan to the Committees
on Appropriations of the Senate and the House of
Representatives regarding the 250 positions: Provided further,
That the Federal Emergency Management Agency shall hereafter
submit a monthly ``Disaster Relief'' report to the Committees
on Appropriations of the Senate and the House of
Representatives to include:
(1) status of the Disaster Relief fund including
obligations, allocations, and amounts undistributed/
unallocated;
(2) allocations, obligations, and expenditures for
Hurricanes Katrina, Rita, and Wilma and all open
disasters;
(3) information on national flood insurance claims;
(4) obligations, allocations, and expenditures by
State for unemployment, crisis counseling, inspections,
housing assistance, manufactured housing, public
assistance, and individual assistance;
(5) mission assignment obligations by agency,
including:
(A) the amounts to other agencies that are in
suspense because the Federal Emergency
Management Agency has not yet reviewed and
approved the documentation supporting the
expenditure or for which an agency has been
mission assigned but has not submitted
necessary documentation for reimbursement;
(B) an explanation if the amounts of reported
obligations and expenditures do not reflect the
status of such obligations and expenditures
from a government-wide perspective; and
(C) each such agency's actual obligation and
expenditure data;
(6) the amount of credit card purchases by agency and
mission assignment;
(7) specific reasons for all waivers granted and a
description of each waiver;
(8) a list of all contracts that were awarded on a
sole source or limited competition basis, including the
dollar amount, the purpose of the contract, and the
reason for the lack of competitive award; and
(9) an estimate of when available appropriations will
be exhausted, assuming an average disaster season:
Provided further, That for any request for reimbursement from a
Federal agency to the Department to cover expenditures under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), or any mission assignment orders
issued by the Department for such purposes, the Secretary of
Homeland Security shall take appropriate steps to ensure that
each agency is periodically reminded of Department policies
on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$875,000, of which $580,000 is for administrative expenses to
carry out the direct loan program and $295,000 is for the cost
of direct loans: Provided, That gross obligations for the
principal amount of direct loans shall not exceed $25,000,000:
Provided further, That the cost of modifying such loans shall
be as defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a).
FLOOD MAP MODERNIZATION FUND
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and
such additional sums as may be provided by State and local
governments or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of such Act, to
remain available until expended: Provided, That total
administrative costs shall not exceed three percent of the
total amount appropriated under this heading.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001 et seq.), $145,000,000, which is
available as follows: (1) not to exceed $45,642,000 for
salaries and expenses associated with flood mitigation and
flood insurance operations; and (2) no less than $99,358,000
for flood hazard mitigation, which shall be derived from
offsetting collections assessed and collected under section
1307 of the National Flood Insurance Act of 1968 (42 U.S.C.
4014), to remain available until September 30, 2009, including
up to $34,000,000 for flood mitigation expenses under section
1366 of that Act (42 U.S.C. 4104c), which shall be available
for transfer to the National Flood Mitigation Fund under
section 1367 of that Act (42 U.S.C. 4104) until September 30,
2009: Provided, That any additional fees collected pursuant to
section 1307 of that Act shall be credited as an offsetting
collection to this account, to be available for flood hazard
mitigation expenses: Provided further, That in fiscal year
2008, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017)
in excess of: (1) $70,000,000 for operating expenses; (2)
$773,772,000 for commissions and taxes of agents; (3) such sums
as are necessary for interest on Treasury borrowings; and (4)
$90,000,000 for flood mitigation actions with respect to severe
repetitive loss properties under section 1361A of that Act (42
U.S.C. 4102a) and repetitive insurance claims properties under
section 1323 of that Act (42 U.S.C. 4030), which shall remain
available until expended: Provided further, That total
administrative costs shall not exceed four percent of the total
appropriation.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National
Flood Insurance Act of 1968, $34,000,000 (42 U.S.C. 4104c), to
remain available until September 30, 2009, for activities
designed to reduce the risk of flood damage to structures
pursuant to such Act, of which $34,000,000 shall be derived
from the National Flood Insurance Fund.
NATIONAL PREDISASTER MITIGATION FUND
For a predisaster mitigation grant program under title II of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5131 et seq.), $114,000,000, to remain available
until expended: Provided, That grants made for predisaster
mitigation shall be awarded subject to the criteria in section
203(g) of such Act (42 U.S.C. 5133(g)): Provided further, That
the total administrative costs associated with such grants
shall not exceed three percent of the total amount made
available under this heading.
EMERGENCY FOOD AND SHELTER
To carry out an emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $153,000,000, to remain available until
expended: Provided, That total administrative costs shall not
exceed 3.5 percent of the total amount made available under
this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $80,973,000: Provided, That of the amount provided
under this heading, $80,000,000 is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That of the total,
$20,000,000 is provided to address backlogs of security checks
associated with pending applications and petitions and shall
not be available for obligation until the Secretary of Homeland
Security and the United States Attorney General submit to the
Committees on Appropriations of the Senate and the House of
Representatives a plan to eliminate the backlog of security
checks that establishes information sharing protocols to ensure
United States Citizenship and Immigration Services has the
information it needs to carry out its mission: Provided
further, That notwithstanding any other provision of law, funds
available to United States Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to
five vehicles for areas where the Administrator of General
Services does not provide vehicles for lease: Provided further,
That the Director of United States Citizenship and Immigration
Services may authorize employees who are assigned to those
areas to use such vehicles between the employees' residences
and places of employment.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $238,076,000, of
which up to $48,111,000 for materials and support costs of
Federal law enforcement basic training shall remain available
until September 30, 2009; of which $300,000 shall remain
available until expended for Federal law enforcement agencies
participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for
the needs of participating agencies; and of which not to exceed
$12,000 shall be for official reception and representation
expenses: Provided, That of the amount provided under this
heading, $17,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act):
Provided further, That the Center is authorized to obligate
funds in anticipation of reimbursements from agencies receiving
training sponsored by the Center, except that total obligations
at the end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C.
3771 note) as amended by Public Law 109-295 (120 Stat. 1374) is
further amended by striking ``December 31, 2007'' and inserting
``December 31, 2010''.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $50,590,000, to remain available
until expended: Provided, That of the amount provided under
this heading, $4,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act): Provided further, That the Center is authorized to accept
reimbursement to this appropriation from government agencies
requesting the construction of special use facilities.
Science and Technology
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), $138,600,000: Provided, That not to exceed $10,000 shall
be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.); $691,735,000, to remain available until expended:
Provided, That none of the funds made available under this
heading shall be obligated for the Analysis, Dissemination,
Visualization, Insight, and Semantic Enhancement program or any
follow-on or successor program.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by the second title XVIII of the Homeland
Security Act of 2002 and for management and administration of
programs and activities, $31,500,000: Provided, That not to
exceed $3,000 shall be for official reception and
representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $323,500,000,
to remain available until expended.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture,
$129,750,000, to remain available until September 30, 2010:
Provided, That none of the funds appropriated under this
heading shall be obligated for full-scale procurement of
Advanced Spectroscopic Portal Monitors until the Secretary of
Homeland Security submits to the Committees on Appropriations
of the Senate and the House of Representatives a report
certifying that a significant increase in operational
effectiveness will be achieved: Provided further, That the
Secretary shall submit separate and distinct certifications
prior to the procurement of Advanced Spectroscopic Portal
Monitors for primary and secondary deployment that address the
unique requirements for operational effectiveness of each type
of deployment: Provided further, That the Secretary of Homeland
Security shall consult with the National Academy of Sciences
before making such certification: Provided further, That none
of the funds appropriated under this heading shall be used for
high-risk concurrent development and production of mutually
dependent software and hardware.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this Act:
Provided, That balances so transferred may be merged with funds
in the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2008, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program, project, or activity; (2) eliminates a program,
project, office, or activity; (3) increases funds for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either of the Committees on
Appropriations of the Senate or the House of Representatives
for a different purpose; or (5) contracts out any function or
activity for which funding levels were requested for Federal
full-time equivalents in the object classification tables
contained in the fiscal year 2008 Budget Appendix for the
Department of Homeland Security, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2008, or provided
from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure for
programs, projects, or activities through a reprogramming of
funds in excess of $5,000,000 or 10 percent, whichever is less,
that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as
approved by the Congress; unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriations, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances which imminently threaten the safety of human
life or the protection of property.
Sec. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to
make payments to the ``Department of Homeland Security Working
Capital Fund'', except for the activities and amounts allowed
in the President's fiscal year 2008 budget, excluding sedan
service, shuttle service, transit subsidy, mail operations,
parking, and competitive sourcing: Provided, That any
additional activities and amounts shall be approved by the
Committees on Appropriations of the Senate and the House of
Representatives 30 days in advance of obligation.
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2008 from appropriations
for salaries and expenses for fiscal year 2008 in this Act
shall remain available through September 30, 2009, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds,
a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2008.
Sec. 507. The Federal Law Enforcement Training Accreditation
Board shall lead the Federal law enforcement training
accreditation process, to include representatives from the
Federal law enforcement community and non-Federal accreditation
experts involved in law enforcement training, to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 508. None of the funds in this Act may be used to make a
grant allocation, discretionary grant award, discretionary
contract award, or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly the intention to
make such an award, including a contract covered by the Federal
Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the
Senate and the House of Representatives at least three full
business days in advance: Provided, That no notification shall
involve funds that are not available for obligation: Provided
further, That the notification shall include the amount of the
award, the fiscal year in which the funds for the award were
appropriated, and the account from which the funds are being
drawn: Provided further, That the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives five full business days
in advance of announcing publicly the intention of making an
award of State Homeland Security grants; Urban Area Security
Initiative grants; or Regional Catastrophic Preparedness
Grants.
Sec. 509. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 510. The Director of the Federal Law Enforcement
Training Center shall schedule basic and/or advanced law
enforcement training at all four training facilities under the
control of the Federal Law Enforcement Training Center to
ensure that these training centers are operated at the highest
capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus, if required under chapter 33 of title 40,
United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American
Act (41 U.S.C. 10a et seq.).
Sec. 513. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or
implementation, on other than a test basis, of the Secure
Flight program or any other follow-on or successor passenger
prescreening program, until the Secretary of Homeland Security
certifies, and the Government Accountability Office reports, to
the Committees on Appropriations of the Senate and the House of
Representatives, that all ten of the conditions contained in
paragraphs (1) through (10) of section 522(a) of Public Law
108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be submitted
within 90 days after the Secretary provides the requisite
certification, and periodically thereafter, if necessary, until
the Government Accountability Office confirms that all ten
conditions have been successfully met.
(c) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a detailed plan that describes: (1) the dates
for achieving key milestones, including the date or timeframes
that the Secretary will certify the program under subsection
(a); and (2) the methodology to be followed to support the
Secretary's certification, as required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air
carriers, or reservation systems may be used to screen aviation
passengers, or delay or deny boarding to such passengers,
except in instances where passenger names are matched to a
Government watch list.
(e) None of the funds provided in this or previous
appropriations Acts may be utilized to develop or test
algorithms assigning risk to passengers whose names are not on
Government watch lists.
(f) None of the funds provided in this or any other Act may
be used for data or a database that is obtained from or remains
under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data
obtained from air carriers.
Sec. 514. None of the funds made available in this Act may be
used to amend the oath of allegiance required by section 337 of
the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 515. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as of
June 1, 2004, by employees (including employees serving on a
temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who
are known as of that date as Immigration Information Officers,
Contact Representatives, or Investigative Assistants.
Sec. 516. None of the funds appropriated to the United States
Secret Service by this Act or by previous appropriations Acts
may be made available for the protection of the head of a
Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service
may enter into an agreement to perform such service on a fully
reimbursable basis.
Sec. 517. Section 517(b) of the Department of Homeland
Security Appropriations Act, 2007 (18 U.S.C. 3056 note) is
amended to read as follows:
``(b) For fiscal year 2008, and each fiscal year thereafter,
the Director of the United States Secret Service may enter into
an agreement to perform protection of a Federal official other
than a person granted protection under section 3056(a) of title
18, United States Code, on a fully reimbursable basis.''.
Sec. 518. (a) The Secretary of Homeland Security shall
research, develop, and procure new technologies to inspect and
screen air cargo carried on passenger aircraft at the earliest
date possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried on
passenger aircraft to the greatest extent practicable at each
airport until technologies developed under subsection (a) are
available.
(c) The Assistant Secretary (Transportation Security
Administration) shall work with air carriers and airports to
ensure that the screening of cargo carried on passenger
aircraft, as defined in section 44901(g)(5) of title 49, United
States Code, increases incrementally each quarter.
(d) Not later than 45 days after the end of each quarter, the
Assistant Secretary (Transportation Security Administration)
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a report on air cargo
inspection statistics by airport and air carrier detailing the
incremental progress being made to meet section 44901(g)(2) of
title 49, United States Code.
Sec. 519. None of the funds made available in this Act may be
used by any person other than the Privacy Officer appointed
under section 222 of the Homeland Security Act of 2002 (6
U.S.C. 142) to alter, direct that changes be made to, delay, or
prohibit the transmission to Congress of any report prepared
under paragraph (6) of such section.
Sec. 520. No funding made available to the Department of
Homeland Security in this Act shall be available to pay the
salary of any employee serving as a contracting officer's
technical representative (COTR), or anyone acting in a similar
capacity, who has not received COTR training.
Sec. 521. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support'' for
fiscal years 2004, 2005, 2006, and 2007 that are recovered or
deobligated shall be available only for the procurement or
installation of explosives detection systems, for air cargo,
baggage, and checkpoint screening systems, subject to
notification: Provided, That quarterly reports shall be
submitted to the Committees on Appropriations of the Senate and
the House of Representatives on any funds that are recovered or
deobligated.
Sec. 522. Section 525(d) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1382) shall apply to fiscal year 2008.
Sec. 523. Any funds appropriated to United States Coast
Guard, ``Acquisition, Construction, and Improvements'' for
fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123
foot patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation, or
litigation, shall be available until expended for the
Replacement Patrol Boat (FRC-B) program.
Sec. 524. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-
356 (31 U.S.C. 501 note), shall continue operations during
fiscal year 2008.
Sec. 525. None of the funds provided in this Act shall be
available to commence operations of the National Applications
Office or the National Immigration Information Sharing
Operation until the Secretary certifies that these programs
comply with all existing laws, including all applicable privacy
and civil liberties standards, and that certification is
reviewed by the Government Accountability Office.
Sec. 526. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing
report that includes total obligations, on-board versus funded
full-time equivalent staffing levels, and the number of
contract employees by office.
Sec. 527. Section 532(a) of Public Law 109-295 is amended by
striking ``2007'' and inserting ``2008''.
Sec. 528. None of the funds made available by this Act shall
be used in contravention of the Federal buildings performance
and reporting requirements of Executive Order No. 13123, part 3
of title V of the National Energy Conservation Policy Act (42
U.S.C. 8251 et seq.), or subtitle A of title I of the Energy
Policy Act of 2005 (including the amendments made thereby).
Sec. 529. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 530. None of the funds made available in this Act may be
used in contravention of section 303 of the Energy Policy Act
of 1992 (42 U.S.C. 13212).
Sec. 531. None of the funds made available by this Act may be
used to take an action that would violate Executive Order No.
13149 (65 Fed. Reg. 24607; relating to greening the Government
through Federal fleet and transportation efficiency).
Sec. 532. Subsections (a), (b), and (d)(1) of section 6402 of
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28) shall apply to fiscal year 2008.
Sec. 533. None of the funds provided by this or any other Act
may be obligated for the development, testing, deployment, or
operation of any system related to the MAX-HR project, or any
subsequent but related human resources management project,
until any pending litigation concerning such activities is
resolved, and any legal claim or appeal by either party has
been fully resolved.
Sec. 534. Section 550 of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by
adding at the end the following:
``(h) This section shall not preclude or deny any right of
any State or political subdivision thereof to adopt or enforce
any regulation, requirement, or standard of performance with
respect to chemical facility security that is more stringent
than a regulation, requirement, or standard of performance
issued under this section, or otherwise impair any right or
jurisdiction of any State with respect to chemical facilities
within that State, unless there is an actual conflict between
this section and the law of that State.''.
Sec. 535. (a) Amendments Relating to the Civil Service
Retirement System.--
(1) Definitions.--Section 8331 of title 5, United
States Code, is amended--
(A) by striking ``and'' at the end of
paragraph (28), by striking the period at the
end of the first paragraph (29) and inserting a
semicolon, by redesignating the second
paragraph (29) as paragraph (30), and by
striking the period at the end of paragraph
(30) (as so redesignated) and inserting ``;
and''; and
(B) by adding at the end the following:
``(31) `customs and border protection officer' means
an employee in the Department of Homeland Security (A)
who holds a position within the GS-1895 job series
(determined applying the criteria in effect as of
September 1, 2007) or any successor position, and (B)
whose duties include activities relating to the arrival
and departure of persons, conveyances, and merchandise
at ports of entry, including any such employee who is
transferred directly to a supervisory or administrative
position in the Department of Homeland Security after
performing such duties (as described in subparagraph
(B)) in 1 or more positions (as described in
subparagraph (A)) for at least 3 years.''.
(2) Deductions, contributions, and deposits.--Section
8334 of title 5, United States Code, is amended--
(A) in subsection (a)(1)(A), by striking ``or
nuclear materials courier,'' and inserting
``nuclear materials courier, or customs and
border protection officer,''; and
(B) in the table contained in subsection (c),
by adding at the end the following:
``Customs and border protection 7.5 After June 29,
officer 2008.''.
(3) Mandatory separation.--The first sentence of
section 8335(b)(1) of title 5, United States Code, is
amended by striking ``or nuclear materials courier''
and inserting ``nuclear materials courier, or customs
and border protection officer''.
(4) Immediate retirement.--Section 8336 of title 5,
United States Code, is amended--
(A) in subsection (c)(1), by striking ``or
nuclear materials courier'' and inserting
``nuclear materials courier, or customs and
border protection officer''; and
(B) in subsections (m) and (n), by striking
``or as a law enforcement officer,'' and
inserting ``as a law enforcement officer, or as
a customs and border protection officer,''.
(b) Amendments Relating to the Federal Employees' Retirement
System.--
(1) Definitions.--Section 8401 of title 5, United
States Code, is amended--
(A) in paragraph (34), by striking ``and'' at
the end;
(B) in paragraph (35), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(36) the term `customs and border protection
officer' means an employee in the Department of
Homeland Security (A) who holds a position within the
GS-1895 job series (determined applying the criteria in
effect as of September 1, 2007) or any successor
position, and (B) whose duties include activities
relating to the arrival and departure of persons,
conveyances, and merchandise at ports of entry,
including any such employee who is transferred directly
to a supervisory or administrative position in the
Department of Homeland Security after performing such
duties (as described in subparagraph (B)) in 1 or more
positions (as described in subparagraph (A)) for at
least 3 years.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of
section 8412(d) of title 5, United States Code, are
amended by striking ``or nuclear materials courier,''
and inserting ``nuclear materials courier, or customs
and border protection officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2)
of title 5, United States Code, is amended by striking
``or air traffic controller.'' and inserting ``air
traffic controller, or customs and border protection
officer''.
(4) Deductions from pay.--The table contained in
section 8422(a)(3) of title 5, United States Code, is
amended by adding at the end the following:
``Customs and border protection 7.5 After June 29,
officer 2008.''.
(5) Government contributions.--Paragraphs (1)(B)(i)
and (3) of section 8423(a) of title 5, United States
Code, are amended by inserting ``customs and border
protection officers,'' after ``nuclear materials
couriers,'' each place it appears.
(6) Mandatory separation.--Section 8425(b)(1) of
title 5, United States Code, is amended--
(A) by striking ``or nuclear materials
courier who'' and inserting ``nuclear materials
courier, or customs and border protection
officer who''; and
(B) by striking ``or nuclear materials
courier,'' and inserting ``nuclear materials
courier, or customs and border protection
officer''.
(c) Maximum Age for Original Appointment.--Section 3307 of
title 5, United States Code, is amended by adding at the end
the following:
``(g) The Secretary of Homeland Security may determine and
fix the maximum age limit for an original appointment to a
position as a customs and border protection officer, as defined
by section 8401(36).''.
(d) Regulations.--Any regulations necessary to carry out the
amendments made by this section shall be prescribed by the
Director of the Office of Personnel Management in consultation
with the Secretary of Homeland Security.
(e) Effective Date; Transition Rules.--
(1) Effective date.--The amendments made by this
section shall become effective on the later of June 30,
2008, or the first day of the first pay period
beginning at least 6 months after the date of the
enactment of this Act.
(2) Transition rules.--
(A) Nonapplicability of mandatory separation
provisions to certain individuals.--The
amendments made by subsections (a)(3) and
(b)(6), respectively, shall not apply to an
individual first appointed as a customs and
border protection officer before the effective
date under paragraph (1).
(B) Treatment of prior cbpo service.--
(i) General rule.--Except as provided
in clause (ii), nothing in this section
or any amendment made by this section
shall be considered to apply with
respect to any service performed as a
customs and border protection officer
before the effective date under
paragraph (1).
(ii) Exception.--Service described in
section 8331(31) or 8401(36) of title
5, United States Code (as amended by
this section) rendered before the
effective date under paragraph (1) may
be taken into account to determine if
an individual who is serving on or
after such effective date then
qualifies as a customs and border
protection officer by virtue of holding
a supervisory or administrative
position in the Department of Homeland
Security.
(C) Minimum annuity amount.--The annuity of
an individual serving as a customs and border
protection officer on the effective date under
paragraph (1) pursuant to an appointment made
before that date shall, to the extent that its
computation is based on service rendered as a
customs and border protection officer on or
after that date, be at least equal to the
amount that would be payable--
(i) to the extent that such service
is subject to the Civil Service
Retirement System, by applying section
8339(d) of title 5, United States Code,
with respect to such service; and
(ii) to the extent such service is
subject to the Federal Employees'
Retirement System, by applying section
8415(d) of title 5, United States Code,
with respect to such service.
(D) Rule of construction.--Nothing in the
amendment made by subsection (c) shall be
considered to apply with respect to any
appointment made before the effective date
under paragraph (1).
(3) Election.--
(A) Incumbent defined.--For purposes of this
paragraph, the term ``incumbent'' means an
individual who is serving as a customs and
border protection officer on the date of the
enactment of this Act.
(B) Notice requirement.--Not later than 30
days after the date of the enactment of this
Act, the Director of the Office of Personnel
Management shall take measures reasonably
designed to ensure that incumbents are notified
as to their election rights under this
paragraph, and the effect of making or not
making a timely election.
(C) Election available to incumbents.--
(i) In general.--An incumbent may
elect, for all purposes, either--
(I) to be treated in
accordance with the amendments
made by subsection (a) or (b),
as applicable; or
(II) to be treated as if
subsections (a) and (b) had
never been enacted.
Failure to make a timely election under
this paragraph shall be treated in the
same way as an election made under
subclause (I) on the last day allowable
under clause (ii).
(ii) Deadline.--An election under
this paragraph shall not be effective
unless it is made at least 14 days
before the effective date under
paragraph (1).
(4) Definition.--For purposes of this subsection, the
term ``customs and border protection officer'' has the
meaning given such term by section 8331(31) or 8401(36)
of title 5, United States Code (as amended by this
section).
(5) Exclusion.--Nothing in this section or any
amendment made by this section shall be considered to
afford any election or to otherwise apply with respect
to any individual who, as of the day before the date of
the enactment of this Act--
(A) holds a position within U.S. Customs and
Border Protection; and
(B) is considered a law enforcement officer
for purposes of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, by
virtue of such position.
Sec. 536. In fiscal year 2008, none of funds made available
in this or any other Act may be used to enforce section 4025(1)
of Public Law 108-458 unless the Assistant Secretary
(Transportation Security Administration) reverses the
determination of July 19, 2007, that butane lighters are not a
significant threat to civil aviation security.
Sec. 537. None of the funds provided in this Act may be used
to alter or reduce operations within the Civil Engineering
Program of the Coast Guard nationwide, including the civil
engineering units, facilities, design and construction centers,
maintenance and logistics command centers, and the Coast Guard
Academy, except as specifically authorized by a statute enacted
after the date of enactment of this Act.
Sec. 538. The cumulative amount appropriated in title I of
this Act for the ``Office of the Secretary and Executive
Management'' and the ``Office of the Under Secretary for
Management'' shall be reduced by $5,000,000.
Sec. 539. (a) Except as provided in subsection (b), none of
the funds appropriated in this Act to the Office of the
Secretary and Executive Management, the Office of the Under
Secretary for Management and the Office of the Chief Financial
Officer, may be obligated for a grant or contract awarded by a
means other than full and open competition.
(b) This section does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a
mandated preferential program, such as the AbilityOne
Program, that is authorized under the Javits-Wagner-
O'Day Act (41 U.S.C. 46-48c); or
(2) under the Small Business Act (15 U.S.C. 631 et
seq.).
(c) The Secretary of Homeland Security may waive the
application of this section to the award of a contract in the
period of a national emergency determined by the Secretary.
(d) In addition to the requirements established by this
section, the Inspector General for the Department of Homeland
Security shall review departmental contracts awarded through
other than full and open competition to assess departmental
compliance with applicable laws and regulations: Provided, That
the Inspector General shall review selected contracts awarded
during the previous fiscal year through other than full and
open competition: Provided further, That in determining which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor performance, and
such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the
results of the reviews to the Committees on Appropriations of
the Senate and the House of Representatives.
Sec. 540. Section 44940(a)(2) of title 49, United States
Code, is amended by striking the period in the last sentence of
subparagraph (A) and the clause (iv) of subparagraph B and
adding the following, ``except for estimates and additional
collections made pursuant to the appropriation for Aviation
Security in Public Law 108-334: Provided, That such judicial
review shall be pursuant to section 46110 of title 49, United
States Code: Provided further, That such judicial review shall
be limited only to additional amounts collected by the
Secretary before October 1, 2007.''.
Sec. 541. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act declared
disasters or emergencies.
Sec. 542. Section 46301(a) of title 49, United States Code,
is amended by adding at the end the following:
``(6) Failure to collect airport security badges.--
Notwithstanding paragraph (1), any employer (other than
a governmental entity or airport operator) who employs
an employee to whom an airport security badge or other
identifier used to obtain access to a secure area of an
airport is issued before, on, or after the date of
enactment of this paragraph and who does not collect or
make reasonable efforts to collect such badge from the
employee on the date that the employment of the
employee is terminated and does not notify the operator
of the airport of such termination within 24 hours of
the date of such termination shall be liable to the
Government for a civil penalty not to exceed
$10,000.''.
Sec. 543. None of the funds made available in this Act may be
used by United States Citizenship and Immigration Services to
grant an immigration benefit unless the results of background
checks required by law to be completed prior to the grant of
the benefit have been received by United States Citizenship and
Immigration Services, and the results do not preclude the grant
of the benefit.
Sec. 544. None of the funds made available in this Act may be
used to destroy or put out to pasture any horse or other equine
belonging to the Federal Government that has become unfit for
service, unless the trainer or handler is first given the
option to take possession of the equine through an adoption
program that has safeguards against slaughter and inhumane
treatment.
Sec. 545. Extension of the Implementation Deadline for the
Western Hemisphere Travel Initiative. Subparagraph (A) of
section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note)
is amended by striking ``This plan shall be implemented not
later than three months after the Secretary of State and the
Secretary of Homeland Security make the certifications required
in subsection (B), or June 1, 2009, whichever is earlier.'' and
inserting ``Such plan may not be implemented earlier than the
date that is the later of 3 months after the Secretary of State
and the Secretary of Homeland Security make the certification
required in subparagraph (B) or June 1, 2009.''.
Sec. 546. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 547. None of the funds provided in this Act under the
heading ``Office of the Chief Information Officer'' shall be
used for data center development other than for the National
Center for Critical Information Processing and Storage until
the Chief Information Officer certifies that the National
Center for Critical Information Processing and Storage is fully
utilized, to the maximum extent feasible, as the Department's
primary data storage center at the highest capacity throughout
the fiscal year.
Sec. 548. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 549. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A-76 for
activities performed with respect to the Coast Guard National
Vessel Documentation Center.
Sec. 550. (a) Notwithstanding section 503 of this Act, up to
$24,000,000 from prior year balances currently available to the
Transportation Security Administration may be transferred to
``Transportation Threat Assessment and Credentialing'' for the
Secure Flight program.
(b) In carrying out the transfer authority under subsection
(a), the Transportation Security Administration shall not
utilize any prior year balances from the following programs:
screener partnership program; explosives detection system
purchase; explosives detection system installation; checkpoint
support; aviation regulation and other enforcement; air cargo;
and air cargo research and development: Provided, That any
funds proposed to be transferred under this section shall not
be available for obligation until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure for such funds that
is submitted by the Secretary of Homeland Security: Provided
further, That the plan shall be submitted simultaneously to the
Government Accountability Office for review consistent with its
ongoing assessment of the Secure Flight Program as mandated by
section 522(a) of Public Law 108-334 (118 Stat. 1319).
Sec. 551. Rescissions. (a) The following unobligated balances
made available pursuant to section 505 of Public Law 109-295
are rescinded: $2,003,441 from U.S. Customs and Border
Protection ``Salaries and Expenses''; $9,583,611 from Coast
Guard ``Operating Expenses''; $672,230 from ``United States
Citizenship and Immigration Services''; $2,790,513 from Federal
Emergency Management Agency ``Management and Administration'';
$127,994 from Federal Emergency Management Agency ``Disaster
Assistance Direct Loan Program Account''; $5,136,819 from U.S.
Immigration and Customs Enforcement ``Salaries and Expenses'';
$333,520 from Federal Law Enforcement Training Center
``Salaries and Expenses''; $4,211,376 from the ``Office of the
Secretary and Executive Management''; $443,672 from the
``Office of the Under Secretary for Management''; $380,166 from
the ``Office of the Chief Financial Officer''; $493,106 from
the ``Office of the Chief Information Officer''; $368,166 from
Domestic Nuclear Detection Office ``Management and
Administration''; $45,369 from the ``Office of Health
Affairs''; $32,299 from the ``Office of Inspector General'';
$1,994,454 from National Protection and Programs Directorate
``Management and Administration''; and $216,727 from Science
and Technology ``Management and Administration''.
(b) From the unobligated balances of funds transferred to the
Department of Homeland Security when it was created in 2003,
$59,286,537 are rescinded: Provided, That the rescission made
under this subsection shall not be executed from the following
programs: Coast Guard Retired Pay; U.S. Immigration and Customs
Enforcement Violent Crime Reduction Program; Federal Law
Enforcement Training Center Instructor Salaries; and Federal
Emergency Management Agency National Security Support.
(c) Of the amounts available under the heading
``Counterterrorism Fund'', $8,480,000 are rescinded.
(d) Of the unobligated balances available in the ``Department
of Homeland Security, Transportation Security Administration
Expenses'' account, $4,500,000 are rescinded.
Sec. 552. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall, under the Federal
Emergency Management Agency Public Assistance Program, provide
a single payment for any eligible costs for local educational
agencies impacted by Hurricanes Katrina or Rita within 30 days
of such request: Provided, That the payment for schools in
Louisiana shall be submitted to the Louisiana Department of
Education, which may expend up to three percent of those funds
for administrative costs: Provided further, That the Federal
Emergency Management Agency shall not reduce assistance in
accordance with section 406(c)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act for local
educational agencies impacted by Hurricanes Katrina or Rita:
Provided further, That nothing in the previous proviso shall be
construed to alter the appeals or review process: Provided
further, That section 406(d) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act shall not apply to more
than one facility on a school site impacted by Hurricanes
Katrina or Rita.
Sec. 553. Technical Corrections. (a) In General.--
(1) Redesignations.--Chapter 27 of title 18, United
States Code, is amended by redesignating section 554
added by section 551(a) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295;
120 Stat. 1389) (relating to border tunnels and
passages) as section 555.
(2) Table of sections.--The table of sections for
chapter 27 of title 18, United States Code, is amended
by striking the item relating to section 554, ``Border
tunnels and passages'', and inserting the following:
``555. Border tunnels and passages.''.
(b) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by striking ``554'' and
inserting ``555''.
(c) Directive to the United States Sentencing Commission.--
Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ``554'' and
inserting ``555''.
Sec. 554. Sections 2241, 2242, 2243, and 2244 of title 18,
United States Code, are each amended by striking ``the Attorney
General'' each place that term appears and inserting ``the head
of any Federal department or agency''.
Sec. 555. Not later than 30 days after the date of enactment
of this Act--
(1) the Secretary of Homeland Security shall
establish and maintain on the homepage of the website
of the Department of Homeland Security, a direct link
to the website of the Office of Inspector General of
the Department of Homeland Security; and
(2) the Inspector General of the Department of
Homeland Security shall establish and maintain on the
homepage of the website of the Office of Inspector
General a direct link for individuals to anonymously
report waste, fraud, or abuse.
Sec. 556. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes (which outcomes shall be specified in terms of cost,
schedule, and performance).
Sec. 557. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland
Security that are not verified through the basic pilot program
required under section 401 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 558. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 559. None of the funds made available in this Act may be
used by the Secretary of Homeland Security or any delegate of
the Secretary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for
Aliens To Perform Temporary Nonagricultural Services or Labor
(H-2B) set out beginning on 70 Federal Register 3984 (January
27, 2005).
Sec. 560. Notwithstanding any other provision of law,
Watsonville Community Hospital, or its successor trust, shall
not be required to pay the Federal Emergency Management Agency
additional funds related to DR-845.
Sec. 561. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide, under the Federal
Emergency Management Agency Public Assistance Program, the
relocation costs as estimated by the Federal Emergency
Management Agency on May 5, 2006, for the Peebles School in
Iberia Parish, Louisiana, which was damaged by Hurricane Rita
in 2005.
Sec. 562. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide, under the Federal
Emergency Management Agency Public Assistance Program, the
currently uncompensated debris removal costs from Super Typhoon
Paka and the firefighting costs associated with the Malojloj
hardfill fire in 1998.
Sec. 563. Secure Handling of Ammonium Nitrate.--(a) In
General.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by adding at the end the
following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``SEC. 899A. DEFINITIONS.
``In this subtitle:
``(1) Ammonium nitrate.--The term `ammonium nitrate'
means--
``(A) solid ammonium nitrate that is chiefly
the ammonium salt of nitric acid and contains
not less than 33 percent nitrogen by weight;
and
``(B) any mixture containing a percentage of
ammonium nitrate that is equal to or greater
than the percentage determined by the Secretary
under section 899B(b).
``(2) Ammonium nitrate facility.--The term `ammonium
nitrate facility' means any entity that produces, sells
or otherwise transfers ownership of, or provides
application services for ammonium nitrate.
``(3) Ammonium nitrate purchaser.--The term `ammonium
nitrate purchaser' means any person who purchases
ammonium nitrate from an ammonium nitrate facility.
``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.
``(a) In General.--The Secretary shall regulate the sale and
transfer of ammonium nitrate by an ammonium nitrate facility in
accordance with this subtitle to prevent the misappropriation
or use of ammonium nitrate in an act of terrorism.
``(b) Ammonium Nitrate Mixtures.--Not later than 90 days
after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary of
Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium nitrate
in a substance.
``(c) Registration of Owners of Ammonium Nitrate
Facilities.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) owns an ammonium nitrate facility is
required to register with the Department; and
``(B) registers under subparagraph (A) is
issued a registration number for purposes of
this subtitle.
``(2) Registration information.--Any person applying
to register under paragraph (1) shall submit to the
Secretary--
``(A) the name, address, and telephone number
of each ammonium nitrate facility owned by that
person;
``(B) the name of the person designated by
that person as the point of contact for each
such facility, for purposes of this subtitle;
and
``(C) such other information as the Secretary
may determine is appropriate.
``(d) Registration of Ammonium Nitrate Purchasers.--
``(1) Registration.--The Secretary shall establish a
process by which any person that--
``(A) intends to be an ammonium nitrate
purchaser is required to register with the
Department; and
``(B) registers under subparagraph (A) is
issued a registration number for purposes of
this subtitle.
``(2) Registration information.--Any person applying
to register under paragraph (1) as an ammonium nitrate
purchaser shall submit to the Secretary--
``(A) the name, address, and telephone number
of the applicant; and
``(B) the intended use of ammonium nitrate to
be purchased by the applicant.
``(e) Records.--
``(1) Maintenance of records.--The owner of an
ammonium nitrate facility shall--
``(A) maintain a record of each sale or
transfer of ammonium nitrate, during the two-
year period beginning on the date of that sale
or transfer; and
``(B) include in such record the information
described in paragraph (2).
``(2) Specific information required.--For each sale
or transfer of ammonium nitrate, the owner of an
ammonium nitrate facility shall--
``(A) record the name, address, telephone
number, and registration number issued under
subsection (c) or (d) of each person that
purchases ammonium nitrate, in a manner
prescribed by the Secretary;
``(B) if applicable, record the name,
address, and telephone number of an agent
acting on behalf of the person described in
subparagraph (A), at the point of sale;
``(C) record the date and quantity of
ammonium nitrate sold or transferred; and
``(D) verify the identity of the persons
described in subparagraphs (A) and (B), as
applicable, in accordance with a procedure
established by the Secretary.
``(3) Protection of information.--In maintaining
records in accordance with paragraph (1), the owner of
an ammonium nitrate facility shall take reasonable
actions to ensure the protection of the information
included in such records.
``(f) Exemption for Explosive Purposes.--The Secretary may
exempt from this subtitle a person producing, selling, or
purchasing ammonium nitrate exclusively for use in the
production of an explosive under a license or permit issued
under chapter 40 of title 18, United States Code.
``(g) Consultation.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture,
States, and appropriate private sector entities, to ensure that
the access of agricultural producers to ammonium nitrate is not
unduly burdened.
``(h) Data Confidentiality.--
``(1) In general.--Notwithstanding section 552 of
title 5, United States Code, or the USA PATRIOT ACT
(Public Law 107-56; 115 Stat. 272), and except as
provided in paragraph (2), the Secretary may not
disclose to any person any information obtained under
this subtitle.
``(2) Exception.--The Secretary may disclose any
information obtained by the Secretary under this
subtitle to--
``(A) an officer or employee of the United
States, or a person that has entered into a
contract with the United States, who has a need
to know the information to perform the duties
of the officer, employee, or person; or
``(B) to a State agency under section 899D,
under appropriate arrangements to ensure the
protection of the information.
``(i) Registration Procedures and Check of Terrorist
Screening Database.--
``(1) Registration procedures.--
``(A) Generally.--The Secretary shall
establish procedures to efficiently receive
applications for registration numbers under
this subtitle, conduct the checks required
under paragraph (2), and promptly issue or deny
a registration number.
``(B) Initial six-month registration
period.--The Secretary shall take steps to
maximize the number of registration
applications that are submitted and processed
during the six-month period described in
section 899F(e).
``(2) Check of terrorist screening database.--
``(A) Check required.--The Secretary shall
conduct a check of appropriate identifying
information of any person seeking to register
with the Department under subsection (c) or (d)
against identifying information that appears in
the terrorist screening database of the
Department.
``(B) Authority to deny registration
number.--If the identifying information of a
person seeking to register with the Department
under subsection (c) or (d) appears in the
terrorist screening database of the Department,
the Secretary may deny issuance of a
registration number under this subtitle.
``(3) Expedited review of applications.--
``(A) In general.--Following the six-month
period described in section 899F(e), the
Secretary shall, to the extent practicable,
issue or deny registration numbers under this
subtitle not later than 72 hours after the time
the Secretary receives a complete registration
application, unless the Secretary determines,
in the interest of national security, that
additional time is necessary to review an
application.
``(B) Notice of application status.--In all
cases, the Secretary shall notify a person
seeking to register with the Department under
subsection (c) or (d) of the status of the
application of that person not later than 72
hours after the time the Secretary receives a
complete registration application.
``(4) Expedited appeals process.--
``(A) Requirement.--
``(i) Appeals process.--The Secretary
shall establish an expedited appeals
process for persons denied a
registration number under this
subtitle.
``(ii) Time period for resolution.--
The Secretary shall, to the extent
practicable, resolve appeals not later
than 72 hours after receiving a
complete request for appeal unless the
Secretary determines, in the interest
of national security, that additional
time is necessary to resolve an appeal.
``(B) Consultation.--The Secretary, in
developing the appeals process under
subparagraph (A), shall consult with
appropriate stakeholders.
``(C) Guidance.--The Secretary shall provide
guidance regarding the procedures and
information required for an appeal under
subparagraph (A) to any person denied a
registration number under this subtitle.
``(5) Restrictions on use and maintenance of
information.--
``(A) In general.--Any information
constituting grounds for denial of a
registration number under this section shall be
maintained confidentially by the Secretary and
may be used only for making determinations
under this section.
``(B) Sharing of information.--
Notwithstanding any other provision of this
subtitle, the Secretary may share any such
information with Federal, State, local, and
tribal law enforcement agencies, as
appropriate.
``(6) Registration information.--
``(A) Authority to require information.--The
Secretary may require a person applying for a
registration number under this subtitle to
submit such information as may be necessary to
carry out the requirements of this section.
``(B) Requirement to update information.--The
Secretary may require persons issued a
registration under this subtitle to update
registration information submitted to the
Secretary under this subtitle, as appropriate.
``(7) Re-checks against terrorist screening
database.--
``(A) Re-checks.--The Secretary shall, as
appropriate, recheck persons provided a
registration number pursuant to this subtitle
against the terrorist screening database of the
Department, and may revoke such registration
number if the Secretary determines such person
may pose a threat to national security.
``(B) Notice of revocation.--The Secretary
shall, as appropriate, provide prior notice to
a person whose registration number is revoked
under this section and such person shall have
an opportunity to appeal, as provided in
paragraph (4).
``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.
``The Secretary shall establish a process for the periodic
inspection and auditing of the records maintained by owners of
ammonium nitrate facilities for the purpose of monitoring
compliance with this subtitle or for the purpose of deterring
or preventing the misappropriation or use of ammonium nitrate
in an act of terrorism.
``SEC. 899D. ADMINISTRATIVE PROVISIONS.
``(a) Cooperative Agreements.--The Secretary--
``(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State
department of agriculture or its designee involved in
agricultural regulation, in consultation with the State
agency responsible for homeland security, to carry out
the provisions of this subtitle; and
``(2) wherever possible, shall seek to cooperate with
State agencies or their designees that oversee ammonium
nitrate facility operations when seeking cooperative
agreements to implement the registration and
enforcement provisions of this subtitle.
``(b) Delegation.--
``(1) Authority.--The Secretary may delegate to a
State the authority to assist the Secretary in the
administration and enforcement of this subtitle.
``(2) Delegation required.--At the request of a
Governor of a State, the Secretary shall delegate to
that State the authority to carry out functions under
sections 899B and 899C, if the Secretary determines
that the State is capable of satisfactorily carrying
out such functions.
``(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to
a State under this subsection, the Secretary shall
provide to that State sufficient funds to carry out the
delegated functions.
``(c) Provision of Guidance and Notification Materials to
Ammonium Nitrate Facilities.--
``(1) Guidance.--The Secretary shall make available
to each owner of an ammonium nitrate facility
registered under section 899B(c)(1) guidance on--
``(A) the identification of suspicious
ammonium nitrate purchases or transfers or
attempted purchases or transfers;
``(B) the appropriate course of action to be
taken by the ammonium nitrate facility owner
with respect to such a purchase or transfer or
attempted purchase or transfer, including--
``(i) exercising the right of the
owner of the ammonium nitrate facility
to decline sale of ammonium nitrate;
and
``(ii) notifying appropriate law
enforcement entities; and
``(C) additional subjects determined
appropriate to prevent the misappropriation or
use of ammonium nitrate in an act of terrorism.
``(2) Use of materials and programs.--In providing
guidance under this subsection, the Secretary shall, to
the extent practicable, leverage any relevant materials
and programs.
``(3) Notification materials.--
``(A) In general.--The Secretary shall make
available materials suitable for posting at
locations where ammonium nitrate is sold.
``(B) Design of materials.--Materials made
available under subparagraph (A) shall be
designed to notify prospective ammonium nitrate
purchasers of--
``(i) the record-keeping requirements
under section 899B; and
``(ii) the penalties for violating
such requirements.
``SEC. 899E. THEFT REPORTING REQUIREMENT.
``Any person who is required to comply with section 899B(e)
who has knowledge of the theft or unexplained loss of ammonium
nitrate shall report such theft or loss to the appropriate
Federal law enforcement authorities not later than 1 calendar
day of the date on which the person becomes aware of such theft
or loss. Upon receipt of such report, the relevant Federal
authorities shall inform State, local, and tribal law
enforcement entities, as appropriate.
``SEC. 899F. PROHIBITIONS AND PENALTY.
``(a) Prohibitions.--
``(1) Taking possession.--No person shall purchase
ammonium nitrate from an ammonium nitrate facility
unless such person is registered under subsection (c)
or (d) of section 899B, or is an agent of a person
registered under subsection (c) or (d) of that section.
``(2) Transferring possession.--An owner of an
ammonium nitrate facility shall not transfer possession
of ammonium nitrate from the ammonium nitrate facility
to any ammonium nitrate purchaser who is not registered
under subsection (c) or (d) of section 899B, or to any
agent acting on behalf of an ammonium nitrate purchaser
when such purchaser is not registered under subsection
(c) or (d) of section 899B.
``(3) Other prohibitions.--No person shall--
``(A) purchase ammonium nitrate without a
registration number required under subsection
(c) or (d) of section 899B;
``(B) own or operate an ammonium nitrate
facility without a registration number required
under section 899B(c); or
``(C) fail to comply with any requirement or
violate any other prohibition under this
subtitle.
``(b) Civil Penalty.--A person that violates this subtitle
may be assessed a civil penalty by the Secretary of not more
than $50,000 per violation.
``(c) Penalty Considerations.--In determining the amount of a
civil penalty under this section, the Secretary shall
consider--
``(1) the nature and circumstances of the violation;
``(2) with respect to the person who commits the
violation, any history of prior violations, the ability
to pay the penalty, and any effect the penalty is
likely to have on the ability of such person to do
business; and
``(3) any other matter that the Secretary determines
that justice requires.
``(d) Notice and Opportunity for a Hearing.--No civil penalty
may be assessed under this subtitle unless the person liable
for the penalty has been given notice and an opportunity for a
hearing on the violation for which the penalty is to be
assessed in the county, parish, or incorporated city of
residence of that person.
``(e) Delay in Application of Prohibition.--Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date
that is 6 months after the date that the Secretary issues a
final rule implementing this subtitle.
``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.
``(a) In General.--Notwithstanding any other provision of
law, an owner of an ammonium nitrate facility that in good
faith refuses to sell or transfer ammonium nitrate to any
person, or that in good faith discloses to the Department or to
appropriate law enforcement authorities an actual or attempted
purchase or transfer of ammonium nitrate, based upon a
reasonable belief that the person seeking purchase or transfer
of ammonium nitrate may use the ammonium nitrate to create an
explosive device to be employed in an act of terrorism (as
defined in section 3077 of title 18, United States Code), or to
use ammonium nitrate for any other unlawful purpose, shall not
be liable in any civil action relating to that refusal to sell
ammonium nitrate or that disclosure.
``(b) Reasonable Belief.--A reasonable belief that a person
may use ammonium nitrate to create an explosive device to be
employed in an act of terrorism under subsection (a) may not
solely be based on the race, sex, national origin, creed,
religion, status as a veteran, or status as a member of the
Armed Forces of the United States of that person.
``SEC. 899H. PREEMPTION OF OTHER LAWS.
``(a) Other Federal Regulations.--Except as provided in
section 899G, nothing in this subtitle affects any regulation
issued by any agency other than an agency of the Department.
``(b) State Law.--Subject to section 899G, this subtitle
preempts the laws of any State to the extent that such laws are
inconsistent with this subtitle, except that this subtitle
shall not preempt any State law that provides additional
protection against the acquisition of ammonium nitrate by
terrorists or the use of ammonium nitrate in explosives in acts
of terrorism or for other illicit purposes, as determined by
the Secretary.
``SEC. 899I. DEADLINES FOR REGULATIONS.
``The Secretary--
``(1) shall issue a proposed rule implementing this
subtitle not later than 6 months after the date of the
enactment of this subtitle; and
``(2) issue a final rule implementing this subtitle
not later than 1 year after such date of enactment.
``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary--
``(1) $2,000,000 for fiscal year 2008; and
``(2) $10,750,000 for each of fiscal years 2009
through 2012.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 899 the following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
Sec. 564. Improvement of Barriers at Border. (a) Section 102
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1103 note) is amended--
(1) in subsection (a), by striking ``Attorney
General, in consultation with the Commissioner of
Immigration and Naturalization,'' and inserting
``Secretary of Homeland Security''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking
``in the Border Area'' and inserting ``Along
the Border'';
(B) in paragraph (1)--
(i) in the heading, by striking
``Security features'' and inserting
``Additional fencing along southwest
border''; and
(ii) by striking subparagraphs (A)
through (C) and inserting the
following:
``(A) Reinforced fencing.--In carrying out
subsection (a), the Secretary of Homeland
Security shall construct reinforced fencing
along not less than 700 miles of the southwest
border where fencing would be most practical
and effective and provide for the installation
of additional physical barriers, roads,
lighting, cameras, and sensors to gain
operational control of the southwest border.
``(B) Priority areas.--In carrying out this
section, the Secretary of Homeland Security
shall--
``(i) identify the 370 miles, or
other mileage determined by the
Secretary, whose authority to determine
other mileage shall expire on December
31, 2008, along the southwest border
where fencing would be most practical
and effective in deterring smugglers
and aliens attempting to gain illegal
entry into the United States; and
``(ii) not later than December 31,
2008, complete construction of
reinforced fencing along the miles
identified under clause (i).
``(C) Consultation.--
``(i) In general.--In carrying out
this section, the Secretary of Homeland
Security shall consult with the
Secretary of the Interior, the
Secretary of Agriculture, States, local
governments, Indian tribes, and
property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life
for the communities and residents
located near the sites at which such
fencing is to be constructed.
``(ii) Savings provision.--Nothing in
this subparagraph may be construed to--
``(I) create or negate any
right of action for a State,
local government, or other
person or entity affected by
this subsection; or
``(II) affect the eminent
domain laws of the United
States or of any State.
``(D) Limitation on requirements.--
Notwithstanding subparagraph (A), nothing in
this paragraph shall require the Secretary of
Homeland Security to install fencing, physical
barriers, roads, lighting, cameras, and sensors
in a particular location along an international
border of the United States, if the Secretary
determines that the use or placement of such
resources is not the most appropriate means to
achieve and maintain operational control over
the international border at such location.'';
and
(C) in paragraph (4), by striking ``to carry
out this subsection not to exceed $12,000,000''
and inserting ``such sums as may be necessary
to carry out this subsection''.
(b) No funds appropriated in this Act for U.S. Customs and
Border Protection ``Border Security Fencing, Infrastructure,
and Technology'' may be obligated unless the Secretary of
Homeland Security has complied with section 102(b)(2)(C)(i) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note) as amended by subsection (a)(2).
Sec. 565. International Registered Traveler Program. Section
7208(k)(3) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as
follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland
Security shall establish an international
registered traveler program that incorporates
available technologies, such as biometrics and
e-passports, and security threat assessments to
expedite the screening and processing of
international travelers, including United
States Citizens and residents, who enter and
exit the United States. The program shall be
coordinated with the United States Visitor and
Immigrant Status Indicator Technology program,
other pre-screening initiatives, and the Visa
Waiver Program.
``(B) Fees.--The Secretary may impose a fee
for the program established under subparagraph
(A) and may modify such fee from time to time.
The fee may not exceed the aggregate costs
associated with the program and shall be
credited to the Department of Homeland Security
for purposes of carrying out the program.
Amounts so credited shall remain available
until expended.
``(C) Rulemaking.--Within 365 days after the
date of enactment of this paragraph, the
Secretary shall initiate a rulemaking to
establish the program, criteria for
participation, and the fee for the program.
``(D) Implementation.--Not later than 2 years
after the date of enactment of this paragraph,
the Secretary shall establish a phased-
implementation of a biometric-based
international registered traveler program in
conjunction with the United States Visitor and
Immigrant Status Indicator Technology entry and
exit system, other pre-screening initiatives,
and the Visa Waiver Program at United States
airports with the highest volume of
international travelers.
``(E) Participation.--The Secretary shall
ensure that the international registered
traveler program includes as many participants
as practicable by--
``(i) establishing a reasonable cost
of enrollment;
``(ii) making program enrollment
convenient and easily accessible; and
``(iii) providing applicants with
clear and consistent eligibility
guidelines.''.
Sec. 566. Shared Border Management. (a) Study.--The
Comptroller General of the United States shall conduct a study
on the Department of Homeland Security's use of shared border
management to secure the international borders of the United
States.
(b) Report.--The Comptroller General shall submit a report to
Congress that describes--
(1) any negotiations, plans, or designs conducted by
officials of the Department of Homeland Security
regarding the practice of shared border management; and
(2) the factors required to be in place for shared
border management to be successful.
Sec. 567. None of the funds made available in this Act may be
used for planning, testing, piloting, or developing a national
identification card.
Sec. 568. Transportation Security Administration Acquisition
Management Policy. (a) In General.--Section 114 of title 49,
United States Code, is amended by striking subsection (o) and
redesignating subsections (p) through (t) as subsections (o)
through (s), respectively.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of this
Act.
Sec. 569. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date that the President determines whether to declare a
major disaster because of an event and any appeal is completed,
the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committees on Appropriations of the Senate
and the House of Representatives, and publish on the website of
the Federal Emergency Management Agency, a report regarding
that decision, which shall summarize damage assessment
information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines would
compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management
Agency; and
(2) the term ``major disaster'' has the meaning given
that term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).
Sec. 570. If the Secretary of Homeland Security establishes a
National Transportation Security Center of Excellence to
conduct research and education activities, and to develop or
provide professional security training, including the training
of transportation employees and transportation professionals,
the Mineta Transportation Institute at San Jose State
University may be included as a member institution of such
Center.
Sec. 571. Effective no later than ninety days after the date
of enactment of this Act, the Transportation Security
Administration shall permit approved members of Registered
Traveler programs to satisfy fully the required identity
verification procedures at security screening checkpoints by
presenting a biometrically-secure Registered Traveler card in
lieu of the government-issued photo identification document
required of non-participants: Provided, That if their identity
is not confirmed biometrically, the standard identity and
screening procedures will apply: Provided further, That if the
Assistant Secretary (Transportation Security Administration)
determines this is a threat to civil aviation, then the
Assistant Secretary (Transportation Security Administration)
shall notify the Committees on Appropriations of the Senate and
House of Representatives five days in advance of such
determination and require Registered Travelers to present
government-issued photo identification documents in conjunction
with a biometrically-secure Registered Traveler card.
Sec. 572. Section 831(a) of the Homeland Security Act of 2002
(6 U.S.C. 391(a)) is amended by striking ``During the 5-year
period following the effective date of this Act'' and inserting
``Until September 30, 2008''.
Sec. 573. (a) Rescission.--Of amounts previously made
available from Federal Emergency Management Agency ``Disaster
Relief'' to the State of Mississippi pursuant to section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c) for Hurricane Katrina, $20,000,000 are
rescinded.
(b) Appropriation.--For Federal Emergency Management Agency
``State and Local Programs'', there is appropriated an
additional $20,000,000, to remain available until expended, for
a grant to the State of Mississippi for an interoperable
communications system required in the aftermath of Hurricane
Katrina: Provided, That this entire amount is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
TITLE VI
BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
Sec. 601. Short Title.
This title may be cited as the ``Border Infrastructure and
Technology Modernization Act of 2007''.
Sec. 602. Definitions.--In this title:
(1) Commissioner.--The term ``Commissioner'' means
the Commissioner of U.S. Customs and Border Protection
of the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an
entity located in Mexico that assembles and produces
goods from imported parts for export to the United
States.
(3) Northern border.--The term ``northern border''
means the international border between the United
States and Canada.
(4) Secretary.--The term ``Secretary'' means the
Secretary of the Department of Homeland Security.
(5) Southern border.--The term ``southern border''
means the international border between the United
States and Mexico.
Sec. 603. Port of Entry Infrastructure Assessment Study.--(a)
Requirement To Update.--Not later than January 31 of every
other year, the Commissioner, in consultation with the
Administrator of General Services shall--
(1) review--
(A) the Port of Entry Infrastructure
Assessment Study prepared by the United States
Customs Service, the Immigration and
Naturalization Service, and the General
Services Administration in accordance with the
matter relating to the ports of entry
infrastructure assessment set forth in the
joint explanatory statement on page 67 of
conference report 106-319, accompanying Public
Law 106-58; and
(B) the nationwide strategy to prioritize and
address the infrastructure needs at the land
ports of entry prepared by the Department of
Homeland Security and the General Services
Administration in accordance with the committee
recommendations on page 22 of Senate report
108-86, accompanying Public Law 108-90;
(2) update the assessment of the infrastructure needs
of all United States land ports of entry; and
(3) submit an updated assessment of land port of
entry infrastructure needs to the Committees on
Appropriations of the Senate and the House of
Representatives, the Senate Committee on Environment
and Public Works, the Senate Committee on Homeland
Security and Governmental Affairs, the House Committee
on Transportation and Infrastructure, and the House
Committee on Homeland Security.
(b) Consultation.--In preparing the updated studies required
under subsection (a), the Commissioner and the Administrator of
General Services shall consult with the Director of the Office
of Management and Budget, the Secretary, and affected State and
local agencies on the northern and southern borders of the
United States.
(c) Content.--Each updated study required in subsection (a)
shall--
(1) identify port of entry infrastructure and
technology improvement projects that would enhance
border security and facilitate the flow of legitimate
commerce if implemented;
(2) include the projects identified in the National
Land Border Security Plan required by section 604; and
(3) prioritize the projects described in paragraphs
(1) and (2) based on the ability of a project--
(A) to enhance the ability of U.S. Customs
and Border Protection to achieve its mission
and to support operations;
(B) to fulfill security requirements; and
(C) facilitate trade across the borders of
the United States.
(d) Project Implementation.--The Commissioner, as
appropriate, shall--
(1) implement the infrastructure and technology
improvement projects described in subsection (c) in the
order of priority assigned to each project under
subsection (c)(3); or
(2) forward the prioritized list of infrastructure
and technology improvement projects to the
Administrator of General Services for implementation in
the order of priority assigned to each project under
subsection (c)(3).
(e) Divergence From Priorities.--The Commissioner may diverge
from the priority order if the Commissioner determines that
significantly changed circumstances, including immediate
security needs, changes in infrastructure in Mexico or Canada,
or similar concerns, compellingly alter the need for a project
in the United States.
Sec. 604. National Land Border Security Plan. (a) Requirement
for Plan.--Not later than January 31 of every other year, the
Secretary, acting through the Commissioner, shall prepare a
National Land Border Security Plan and submit such plan to the
Committees on Appropriations of the Senate and the House of
Representatives, the Senate Committee on Environment and Public
Works, the Senate Committee on Homeland Security and
Governmental Affairs, the Senate Committee on the Judiciary,
the House Committee on Transportation and Infrastructure, the
House Committee on Homeland Security, and the House Committee
on the Judiciary.
(b) Consultation.--In preparing the plan required under
subsection (a), the Commissioner shall consult with other
appropriate Federal agencies, State and local law enforcement
agencies, and private entities that are involved in
international trade across the northern or southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required under subsection
(a) shall include a vulnerability, risk, and threat
assessment of each port of entry located on the
northern border or the southern border.
(2) Port security coordinators.--The Secretary,
acting through the Commissioner, may establish one or
more port security coordinators at each port of entry
located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required under
subsection (a).
(d) Coordination With the Secure Border Initiative.--The plan
required under subsection (a) shall include a description of
activities undertaken during the previous year as part of the
Secure Border Initiative and actions planned for the coming
year as part of the Secure Border Initiative.
Sec. 605. Port of Entry Technology Demonstration Program. (a)
Establishment.--The Secretary, acting through the Commissioner,
shall carry out a technology demonstration program to test and
evaluate new port of entry technologies, refine port of entry
technologies and operational concepts, and train personnel
under realistic conditions.
(b) Technology Tested.--Under the demonstration program, the
Commissioner shall test technologies that enhance port of entry
operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(c) Demonstration Sites.--
(1) Number.--The Commissioner shall carry out the
demonstration program at not less than three sites and
not more than five sites.
(2) Location.--Of the sites selected under subsection
(c)--
(A) at least one shall be located on the
northern border of the United States; and
(B) at least one shall be located on the
southern border of the United States.
(3) Selection criteria.--To ensure that one of the
facilities selected as a port of entry demonstration
site for the demonstration program has the most up-to-
date design, contains sufficient space to conduct the
demonstration program, has a traffic volume low enough
to easily incorporate new technologies without
interrupting normal processing activity, and can
efficiently carry out demonstration and port of entry
operations, one port of entry selected as a
demonstration site may--
(A) have been established not more than 15
years before the date of the enactment of this
Act;
(B) consist of not less than 65 acres, with
the possibility of expansion onto not less than
25 adjacent acres; and
(C) have serviced an average of not more than
50,000 vehicles per month during the 12 months
preceding the date of the enactment of this
Act.
(d) Relationship With Other Agencies.--The Secretary, acting
through the Commissioner, shall permit personnel from
appropriate Federal agencies to utilize a demonstration site
described in subsection (c) to test technologies that enhance
port of entry operations, including those related to
inspections, communications, port tracking, identification of
persons and cargo, sensory devices, personal detection,
decision support, and the detection and identification of
weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the
date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to the
Committees on Appropriations of the Senate and the
House of Representatives, the Senate Committee on
Environment and Public Works, the Senate Committee on
Homeland Security and Governmental Affairs, the House
Committee on Transportation and Infrastructure, and the
House Committee on Homeland Security a report on the
activities carried out at each demonstration site under
the technology demonstration program established under
this section.
(2) Content.--The report shall include an assessment
by the Commissioner of the feasibility of incorporating
any demonstrated technology for use throughout U.S.
Customs and Border Protection.
Sec. 606. Authorization of Appropriations. (a) In General.--
In addition to any funds otherwise available, there are
authorized to be appropriated such sums as may be necessary to
carry out this title for fiscal years 2009 through 2013.
(b) International Agreements.--Funds authorized to be
appropriated under this title may be used for the
implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure and
Efficient Flow of People and Commerce across our Shared Border
between the United States and Mexico, agreed to March 22, 2002,
Monterrey, Mexico (commonly known as the Border Partnership
Action Plan) or the Smart Border Declaration between the United
States and Canada, agreed to December 12, 2001, Ottawa, Canada
that are consistent with the provisions of this title.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2008''.
DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$867,463,000, to remain available until expended, of which not
to exceed $91,629,000 is available for oil and gas management;
and of which $1,500,000 is for high priority projects, to be
carried out by the Youth Conservation Corps; and of which
$2,900,000 shall be available in fiscal year 2008 subject to a
match by at least an equal amount by the National Fish and
Wildlife Foundation for cost-shared projects supporting
conservation of Bureau lands; and such funds shall be advanced
to the Foundation as a lump sum grant without regard to when
expenses are incurred.
In addition, $25,500,000 is for the processing of
applications for permit to drill and related use
authorizations, to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to this
appropriation that shall be derived from $4,000 per new
application for permit to drill that the Bureau shall collect
upon submission of each new application, and in addition,
$34,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining
claim fee program; to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to this
appropriation from annual mining claim fees so as to result in
a final appropriation estimated at not more than $867,463,000,
and $2,000,000, to remain available until expended, from
communication site rental fees established by the Bureau for
the cost of administering communication site activities.
CONSTRUCTION
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $6,476,000, to remain
available until expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$9,081,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $110,242,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102-381,
funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales and
forest ecosystem health and recovery activities, such as
release from competing vegetation and density control
treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public
Law 106-393) derived from treatments funded by this account
shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative
expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $820,878,000, to
remain available until expended, of which not to exceed
$6,234,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this Act,
the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous
fuels reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of hazardous fuels
reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State,
local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this head may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by
section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of
the Interior may use wildland fire appropriations to enter into
non-competitive sole source leases of real property with local
governments, at or below fair market value, to construct
capitalized improvements for fire facilities on such leased
properties, including but not limited to fire guard stations,
retardant stations, and other initial attack and fire support
facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided
further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $10,000,000, between the Departments when such transfers
would facilitate and expedite jointly funded wildland fire
management programs and projects: Provided further, That funds
provided for wildfire suppression shall be available for
support of Federal emergency response actions: Provided
further, That Public Law 110-116, division B, section 157(b)(2)
is amended by inserting after ``to other accounts'' the phrase
``and non-suppression budget activities''.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for
solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,
under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share the cost of printing either in cash or in
services, and the Bureau determines the cooperator is capable
of meeting accepted quality standards.
Section 28 of title 30, United States Code, is amended: (1)
in section 28 by striking the phrase ``shall commence at 12
o'clock meridian on the 1st day of September'' and inserting
``shall commence at 12:01 ante meridian on the first day of
September''; (2) in section 28f(a), by striking the phrase
``for years 2004 through 2008''; and (3) in section 28g, by
striking the phrase ``and before September 30, 2008,''.
Sums not to exceed one percent of the total value of
procurements received by the Bureau of Land Management from
vendors under enterprise information technology-procurements
that the Department of the Interior and other Federal
Government agencies may use to order information technology
hereafter may be deposited into the Management of Lands and
Resources account to offset costs incurred in conducting the
procurement.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, maintenance of the herd of long-horned cattle on the
Wichita Mountains Wildlife Refuge, general administration, and
for the performance of other authorized functions related to
such resources by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, $1,099,772,000, to remain available until
September 30, 2009 except as otherwise provided herein:
Provided, That $2,500,000 is for high priority projects, which
shall be carried out by the Youth Conservation Corps: Provided
further, That not to exceed $18,263,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act, as amended, for species that are
indigenous to the United States (except for processing
petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $9,926,000 shall be used
for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support,
for species listed pursuant to subsection (a)(1) prior to
October 1, 2007: Provided further, That of the amount available
for law enforcement, up to $400,000, to remain available until
expended, may at the discretion of the Secretary be used for
payment for information, rewards, or evidence concerning
violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity,
authorized or approved by the Secretary and to be accounted for
solely on the Secretary's certificate: Provided further, That
of the amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for contaminant
sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $33,688,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $35,144,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which, notwithstanding 16 U.S.C.
460l-9, not more than $1,750,000 shall be for land conservation
partnerships authorized by the Highlands Conservation Act of
2004: Provided, That none of the funds appropriated for
specific land acquisition projects can be used to pay for any
administrative overhead, planning or other management costs.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, $75,001,000, to remain available until expended, of
which $25,228,000 is to be derived from the Cooperative
Endangered Species Conservation Fund, $5,066,666 of which shall
be for the Idaho Salmon and Clearwater River Basins Habitat
Account pursuant to the Snake River Water Rights Act of 2004;
and of which $49,773,000 is to be derived from the Land and
Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,202,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $42,646,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.),
$4,500,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (16 U.S.C. 4261-4266), the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5301-5306), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301-6305), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601-6606),
$8,000,000, to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally-recognized Indian tribes under the provisions of
the Fish and Wildlife Act of 1956 and the Fish and Wildlife
Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat,
including species that are not hunted or fished, $75,000,000,
to remain available until expended: Provided, That of the
amount provided herein, $6,282,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$5,000,000 is for a competitive grant program for States,
territories, and other jurisdictions with approved plans, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
said $11,282,000 and administrative expenses, apportion the
amount provided herein in the following manner: (1) to the
District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent
thereof; and (2) to Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land area
of such State bears to the total land area of all such States;
and (2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all
such States: Provided further, That the amounts apportioned
under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent
of the amount available for apportionment under this paragraph
for any fiscal year or more than 5 percent of such amount:
Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects
and the Federal share of implementation grants shall not exceed
50 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not be
derived from Federal grant programs: Provided further, That no
State, territory, or other jurisdiction shall receive a grant
if its comprehensive wildlife conservation plan is disapproved
and such funds that would have been distributed to such State,
territory, or other jurisdiction shall be distributed equitably
to States, territories, and other jurisdictions with approved
plans: Provided further, That any amount apportioned in 2008 to
any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2009, shall be reapportioned,
together with funds appropriated in 2010, in the manner
provided herein.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for repair of damage to
public roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land at
not to exceed $1 for each option; facilities incident to such
public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance and
improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection
with management, and investigation of fish and wildlife
resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications
for which the cooperators share at least one-half the cost of
printing either in cash or services and the Service determines
the cooperator is capable of meeting accepted quality
standards: Provided further, That, notwithstanding any other
provision of law, the Service may use up to $2,000,000 from
funds provided for contracts for employment-related legal
services: Provided further, That the Service may accept donated
aircraft as replacements for existing aircraft: Provided
further, That, notwithstanding any other provision of law, the
Secretary of the Interior may not spend any of the funds
appropriated in this Act for the purchase of lands or interests
in lands to be used in the establishment of any new unit of the
National Wildlife Refuge System unless the purchase is approved
in advance by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures contained in
the statement of the managers accompanying this Act.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including expenses to carry out programs
of the United States Park Police), and for the general
administration of the National Park Service, $2,001,809,000, of
which $9,965,000 is for planning and interagency coordination
in support of Everglades restoration and shall remain available
until expended; of which $101,164,000, to remain available
until September 30, 2009, is for maintenance, repair or
rehabilitation projects for constructed assets, operation of
the National Park Service automated facility management
software system, and comprehensive facility condition
assessments; and of which $3,000,000 shall be for the Youth
Conservation Corps for high priority projects.
CENTENNIAL CHALLENGE
For expenses necessary to carry out provisions of section
814(g) of Public Law 104-333 relating to challenge cost share
agreements, $25,000,000, to remain available until expended for
Centennial Challenge signature projects and programs: Provided,
That not less than 50 percent of the total cost of each project
or program is derived from non-Federal sources in the form of
donated cash, assets, in-kind services, or a pledge of donation
guaranteed by an irrevocable letter of credit.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $68,481,000, of which not to exceed $7,500,000 may be for
Preserve America grants to States, Tribes, and local
communities for projects that preserve important historic
resources through the promotion of heritage tourism: Provided,
That any individual Preserve America grant shall be matched by
non-Federal funds: Provided further, That individual projects
shall only be eligible for one grant: Provided further, That
grants shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on
Appropriations, and in consultation with the Advisory Council
on Historic Preservation prior to the commitment of grant
funds.
historic preservation fund
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $71,500,000, to be derived from the Historic
Preservation Fund and to remain available until September 30,
2009; of which $25,000,000 shall be for Save America's
Treasures for preservation of nationally significant sites,
structures, and artifacts: Provided, That any individual Save
America's Treasures grant shall be matched by non-Federal
funds; individual projects shall only be eligible for one
grant; and all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and
Senate Committees on Appropriations: Provided further, That
Save America's Treasures funds allocated for Federal projects,
following approval, shall be available by transfer to
appropriate accounts of individual agencies.
CONSTRUCTION
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $221,985,000, to remain available until
expended: Provided, That funds provided under this heading for
implementation of modified water deliveries to Everglades
National Park shall be expended consistent with the
requirements of the fifth proviso under this heading in Public
Law 108-108: Provided further, That funds provided under this
heading for implementation of modified water deliveries to
Everglades National Park shall be available for obligation only
if matching funds are appropriated to the Army Corps of
Engineers for the same purpose: Provided further, That none of
the funds provided under this heading for implementation of
modified water deliveries to Everglades National Park shall be
available for obligation if any of the funds appropriated to
the Army Corps of Engineers for the purpose of implementing
modified water deliveries, including finalizing detailed
engineering and design documents for a bridge or series of
bridges for the Tamiami Trail component of the project, becomes
unavailable for obligation: Provided further, That of the funds
made available under this heading, not to exceed $3,800,000 is
authorized to be used for the National Park Service's
proportionate cost of upgrading the West Yellowstone/Hebgen
Basin (Gallatin County, Montana) municipal solid waste disposal
system for the processing and disposal of municipal solid waste
generated within Yellowstone National Park: Provided further,
That future fees paid by the National Park Service to the West
Yellowstone/Hebgen Basin Solid Waste District will be
restricted to operations and maintenance costs of the facility,
given the capital contribution made by the National Park
Service.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2008 by 16
U.S.C. 460l-10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$70,070,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which
$25,000,000 is for the State assistance program.
administrative provisions
For fiscal year 2008 and hereafter, if the Secretary of the
Interior, or either party to a value determination proceeding
conducted under a National Park Service concession contract
issued prior to November 13, 1998, considers that the value
determination decision issued pursuant to the proceeding
misinterprets or misapplies relevant contractual requirements
or their underlying legal authority, the Secretary or either
party may seek, within 180 days of any such decision, the de
novo review of the value determination decision by the United
States Court of Federal Claims. This court may make an order
affirming, vacating, modifying or correcting the determination
decision.
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory
Interest or leasehold surrender interest. Such funds may only
be used for this purpose to the extent that the benefiting unit
anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the
benefiting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a
single contract at the benefiting unit, in the amount of funds
so expended to extinguish or reduce liability.
A willing seller from whom the Service acquires title to real
property may be considered a ``displaced person'' for purposes
of the Uniform Relocation Assistance and Real Property
Acquisition Policy Act and its implementing regulations,
whether or not the Service has the authority to acquire such
property by eminent domain.
Section 3(f) of the Act of August 21, 1935 (16 U.S.C.
463(f)), related to the National Park System Advisory Board, is
amended in the first sentence by striking ``2007'' and
inserting ``2009''.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,022,430,000, to remain
available until September 30, 2009, of which $63,845,000 shall
be available only for cooperation with States or municipalities
for water resources investigations; of which $40,150,000 shall
remain available until expended for satellite operations; and
of which $8,023,000 shall be available until expended for
deferred maintenance and capital improvement projects:
Provided, That none of the funds provided for the biological
research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing by
the property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the cost
of topographic mapping or water resources data collection and
investigations carried on in cooperation with States and
municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for reimbursement to the General Services
Administration for security guard services; contracting for the
furnishing of topographic maps and for the making of
geophysical or other specialized surveys when it is
administratively determined that such procedures are in the
public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for
gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.:
Provided further, That the United States Geological Survey may
enter into contracts or cooperative agreements directly with
individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 5, for the temporary
or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to compensation
for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Minerals Management Service
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and
regulations applicable to oil, gas, and other minerals leases,
permits, licenses and operating contracts; for energy-related
or other authorized marine-related purposes on the Outer
Continental Shelf; and for matching grants or cooperative
agreements, $157,202,000, to remain available until September
30, 2009, of which $82,371,000 shall be available for royalty
management activities; and an amount not to exceed
$135,730,000, to be credited to this appropriation and to
remain available until expended, from additions to receipts
resulting from increases to rates in effect on August 5, 1993,
from rate increases to fee collections for Outer Continental
Shelf administrative activities performed by the Minerals
Management Service (MMS) over and above the rates in effect on
September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after
September 30, 1993 that the Secretary of the Interior shall
collect in fiscal year 2008 and retain and use for the
necessary expenses of this appropriation: Provided, That to the
extent $135,730,000 in addition to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $135,730,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of MMS concurred
with the claimed refund due, to pay amounts owed to Indian
allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That for the costs of
administration of the Coastal Impact Assistance Program
authorized by section 31 of the Outer Continental Shelf Lands
Act, as amended (43 U.S.C. 1456a), MMS in fiscal years 2008
through 2010 may retain up to three percent of the amounts
which are disbursed under section 31(b)(1), such retained
amounts to remain available until expended.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,403,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
administrative provisions
The eighth proviso under the heading of ``Minerals Management
Service'' in division E, title I, of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), is amended by
inserting ``and Indian accounts'' after ``States'', replacing
the term ``provision'' with ``provisions'', and inserting ``and
(d)'' after 30 U.S.C. 1721(b).
Notwithstanding the provisions of section 35(b) of the
Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the
Secretary shall deduct 2 percent from the amount payable to
each State in fiscal year 2008 and deposit the amount deducted
to miscellaneous receipts of the Treasury.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, $120,237,000, to remain available until
September 30, 2009: Provided, That the Secretary of the
Interior, pursuant to regulations, may use directly or through
grants to States, moneys collected in fiscal year 2008 for
civil penalties assessed under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices after
August 3, 1977, to remain available until expended: Provided
further, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, $52,774,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect these
debts: Provided further, That amounts provided under this
heading may be used for the travel and per diem expenses of
State and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and tribal regulatory and
reclamation programs.
Bureau of Indian Affairs
operation of indian programs
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), as
amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), as amended, $2,080,261,000, to remain
available until September 30, 2009 except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; and of which not to
exceed $80,179,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster; notwithstanding any other provision
of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$149,628,000 shall be available for payments for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2008, as authorized by
such Act, except that tribes and tribal organizations may use
their tribal priority allocations for unmet contract support
costs of ongoing contracts, grants, or compacts, or annual
funding agreements and for unmet welfare assistance costs; of
which not to exceed $487,500,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2008, and shall remain available until
September 30, 2009; and of which not to exceed $60,222,000
shall remain available until expended for housing improvement,
road maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $44,060,000 within
and only from such amounts made available for school operations
shall be available for administrative cost grants associated
with ongoing grants entered into with the Bureau prior to or
during fiscal year 2007 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts
made available for school operations shall be available for the
transitional costs of initial administrative cost grants to
grantees that enter into grants for the operation on or after
July 1, 2007, of Bureau-operated schools: Provided further,
That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2009, may be transferred during
fiscal year 2010 to an Indian forest land assistance account
established for the benefit of the holder of the funds within
the tribe's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2010.
construction
(INCLUDING TRANSFER OF FUNDS)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483,
$206,983,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year
2008, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297, as
amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the Secretary
and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further, That
in considering applications, the Secretary shall consider
whether such grantee would be deficient in assuring that the
construction projects conform to applicable building standards
and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided
further, That if the Secretary declines an application, the
Secretary shall follow the requirements contained in 25 U.S.C.
2504(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject
to the disputes provision in 25 U.S.C. 2507(e): Provided
further, That in order to ensure timely completion of
replacement school construction projects, the Secretary may
assume control of a project and all funds related to the
project, if, within eighteen months of the date of enactment of
this Act, any grantee receiving funds appropriated in this Act
or in any prior Act, has not completed the planning and design
phase of the project and commenced construction of the
replacement school: Provided further, That this Appropriation
may be reimbursed from the Office of the Special Trustee for
American Indians Appropriation for the appropriate share of
construction costs for space expansion needed in agency offices
to meet trust reform implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 107-331, 108-
447, 109-379, and 109-479, and for implementation of other land
and water rights settlements, $34,069,000, to remain available
until expended.
indian guaranteed loan program account
For the cost of guaranteed and insured loans, $6,276,000, of
which $700,000 is for administrative expenses, as authorized by
the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $85,506,098.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services funding
for Tribal Priority Allocations and regional offices) shall be
available for contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs, this action shall
not diminish the Federal Government's trust responsibility to
that tribe, or the government-to-government relationship
between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No
funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995. Funds
made available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term is
defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in
existence on the date of the enactment of this Act and that has
operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the
charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the
Bureau does not assume any obligation for charter school
programs of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding 25 U.S.C. 2007(d), and implementing
regulations, the funds reserved from the Indian Student
Equalization Program to meet emergencies and unforeseen
contingencies affecting education programs appropriated herein
and in Public Law 109-54 may be used for costs associated with
significant student enrollment increases at Bureau-funded
schools during the relevant school year.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106-113, if in
fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101-301, the Secretary shall
continue to distribute indirect and administrative cost funds
to such grantee using the section 5(f) distribution formula.
Departmental Offices
Office of the Secretary
SALARIES AND EXPENSES
For necessary expenses for management of the Department of
the Interior, $101,151,000; of which not to exceed $15,000 may
be for official reception and representation expenses; and of
which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States Bureau
of Mines.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$78,613,000, of which: (1) $70,137,000 shall remain available
until expended for technical assistance, including maintenance
assistance, disaster assistance, insular management controls,
coral reef initiative activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by law
(Public Law 94-241; 90 Stat. 272); and (2) $8,476,000 shall be
available until September 30, 2009 for salaries and expenses of
the Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
of the amounts provided for technical assistance, sufficient
funds shall be made available for a grant to the Pacific Basin
Development Council: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $5,362,000, to remain
available until expended, as provided for in sections
221(a)(2), 221(b), and 233 of the Compact of Free Association
for the Republic of Palau; and section 221(a)(2) of the
Compacts of Free Association for the Government of the Republic
of the Marshall Islands and the Federated States of Micronesia,
as authorized by Public Law 99-658 and Public Law 108-188.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$59,250,000.
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$44,572,000.
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $182,331,000, to remain available until expended, of
which not to exceed $56,384,000 from this or any other Act,
shall be available for historical accounting: Provided, That
funds for trust management improvements and litigation support
may, as needed, be transferred to or merged with the Bureau of
Indian Affairs, ``Operation of Indian Programs'' account; the
Office of the Solicitor, ``Salaries and Expenses'' account; and
the Office of the Secretary, ``Salaries and Expenses'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2008, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et
seq.), shall remain available until expended by the contractor
or grantee: Provided further, That, notwithstanding any other
provision of law, the statute of limitations shall not commence
to run on any claim, including any claim in litigation pending
on the date of the enactment of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there
has been a loss: Provided further, That, notwithstanding any
other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian
trust account that has not had activity for at least 18 months
and has a balance of $15.00 or less: Provided further, That the
Secretary shall issue an annual account statement and maintain
a record of any such accounts and shall permit the balance in
each such account to be withdrawn upon the express written
request of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from
or deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous payments
that are recovered shall be credited to and remain available in
this account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands and
expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $10,000,000, to remain available until expended, and
which may be transferred to the Bureau of Indian Affairs and
Office of the Secretary accounts.
Department-wide Programs
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $232,528,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
central hazardous materials fund
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.), $9,954,000,
to remain available until expended: Provided, That hereafter,
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by
a party in advance of or as reimbursement for remedial action
or response activities conducted by the Department pursuant to
section 107 or 113(f) of such Act, shall be credited to this
account, to be available until expended without further
appropriation: Provided further, That hereafter such sums
recovered from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other personal or
real property, which may be retained, liquidated, or otherwise
disposed of by the Secretary and which shall be credited to
this account.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restoration
activities by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et
seq.), the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.), and Public Law 101-337, as amended (16 U.S.C.
19jj et seq.), $6,300,000, to remain available until expended.
WORKING CAPITAL FUND
For the acquisition of a departmental financial and business
management system, $40,727,000, to remain available until
expended: Provided, That none of the funds in this Act or
previous appropriations Acts may be used to establish reserves
in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior
approval of the House and Senate Committees on Appropriations.
administrative provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland
fire operations, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided
further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and
replacement of motor vehicles, including specially equipped law
enforcement vehicles; hire, maintenance, and operation of
aircraft; hire of passenger motor vehicles; purchase of
reprints; payment for telephone service in private residences
in the field, when authorized under regulations approved by the
Secretary; and the payment of dues, when authorized by the
Secretary, for library membership in societies or associations
which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 104. No funds provided in this title may be expended by
the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June 12,
1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and the
eastern Gulf of Mexico south of 26 degrees north latitude and
east of 86 degrees west longitude.
Sec. 105. No funds provided in this title may be expended by
the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic
and South Atlantic planning areas.
Sec. 106. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of Special Trustee for
American Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities, excluding litigation costs.
Total funding for historical accounting activities shall not
exceed amounts specifically designated in this Act for such
purpose.
Sec. 107. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2008. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
Sec. 108. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
Sec. 109. The Secretary of the Interior may hereafter use or
contract for the use of helicopters or motor vehicles on the
Sheldon and Hart National Wildlife Refuges for the purpose of
capturing and transporting horses and burros. The provisions of
subsection (a) of the Act of September 8, 1959 (18 U.S.C.
47(a)) shall not be applicable to such use. Such use shall be
in accordance with humane procedures prescribed by the
Secretary.
Sec. 110. None of the funds in this or any other Act can be
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United
States District Court for the District of Columbia in the
Cobell v. Kempthorne litigation at an annual rate that exceeds
200 percent of the highest Senior Executive Service rate of pay
for the Washington-Baltimore locality pay area.
Sec. 111. The Secretary of the Interior may use discretionary
funds to pay private attorney fees and costs for employees and
former employees of the Department of the Interior reasonably
incurred in connection with Cobell v. Kempthorne to the extent
that such fees and costs are not paid by the Department of
Justice or by private insurance. In no case shall the Secretary
make payments under this section that would result in payment
of hourly fees in excess of the highest hourly rate approved by
the District Court for the District of Columbia for counsel in
Cobell v. Kempthorne.
Sec. 112. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
Sec. 113. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and
endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are
released from federally-operated or federally-financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
Sec. 114. Notwithstanding any implementation of the
Department of the Interior's trust reorganization or
reengineering plans, or the implementation of the ``To Be''
Model, funds appropriated for fiscal year 2008 shall be
available to the tribes within the California Tribal Trust
Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the
Flathead Reservation and the Chippewa Cree Tribe of the Rocky
Boys Reservation through the same methodology as funds were
distributed in fiscal year 2003. This Demonstration Project
shall continue to operate separate and apart from the
Department of the Interior's trust reform and reorganization
and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a
self-governance compact and operating in accordance with the
Tribal Self-Governance Program set forth in 25 U.S.C. 458aa-
458hh: Provided, That the California Trust Reform Consortium
and any other participating tribe agree to carry out their
responsibilities under the same written and implemented
fiduciary standards as those being carried by the Secretary of
the Interior: Provided further, That they demonstrate to the
satisfaction of the Secretary that they have the capability to
do so: Provided further, That the Department shall provide
funds to the tribes in an amount equal to that required by 25
U.S.C. 458cc(g)(3), including funds specifically or
functionally related to the provision of trust services to the
tribes or their members.
Sec. 115. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases,
subleases, concession contracts or other agreements for the use
of such facilities on such terms and conditions as the
Secretary may determine reasonable.
Sec. 116. Notwithstanding any other provision of law,
including 42 U.S.C. 4321 et seq., nonrenewable grazing permits
authorized in the Jarbidge Field Office, Bureau of Land
Management since March 1, 1997 shall be renewed. The Animal
Unit Months, authorized in any nonrenewable grazing permit from
March 1, 1997 to present shall continue in effect under the
renewed permit. Nothing in this section shall be deemed to
extend the renewed permit beyond the standard 1-year term. The
period of this provision will be until all of the grazing
permits in the Jarbidge Field Office are renewed after the
completion of the Record of Decision for the Jarbidge Resource
Management Plan/Final Environmental Impact Statement.
Sec. 117. Oil and Gas Leasing Internet Pilot Program.
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act
(30 U.S.C 226(b)(1)(A)), the Secretary of the Interior shall
establish an oil and gas leasing Internet pilot program, under
which the Secretary may conduct lease sales through methods
other than oral bidding. To carry out the pilot program, the
Secretary of the Interior may use not more than $250,000 of
funds in the BLM Permit Processing Improvement Fund described
in section 35(c)(2)(B) of the Mineral Leasing Act (30 U.S.C.
191(c)(2)(B)).
Sec. 118. Notwithstanding any other provision of law, the
Secretary of the Interior is directed to sell property within
the Protection Island National Wildlife Refuge and the
Dungeness National Wildlife Refuge to the Washington State
Department of Transportation.
Sec. 119. No funds appropriated or otherwise made available
to the Department of the Interior may be used, in relation to
any proposal to store water for the purpose of export, for
approval of any right-of-way or similar authorization on the
Mojave National Preserve or lands managed by the Needles Field
Office of the Bureau of Land Management, or for carrying out
any activities associated with such right-of-way or similar
approval.
Sec. 120. Section 460ccc-4 of the Red Rock Canyon National
Conservation Area Establishment Act authorization (16 U.S.C.
460ccc) is amended--
(1) in section (a)(1), by striking ``with donated or
appropriated funds'';
(2) by striking section (a)(2);
(3) in section (a)(3), by striking ``(3)'' and
replacing with ``(2)'';
(4) in section (a)(4), by striking ``(4)'' and
replacing with ``(3)''.
Sec. 121. Title 43 U.S.C. 1473 is amended by inserting at the
end of that section before the period the following: ``,
including, in fiscal year 2008 only, contributions of money and
services to conduct work in support of the orderly exploration
and development of Outer Continental Shelf resources, including
but not limited to, preparation of environmental documents such
as impact statements and assessments, studies, and related
research''.
Sec. 122. Section 1077(c) of Public Law 109-364 is repealed.
Sec. 123. Section 144 of division E of Public Law 108-447, as
amended, is amended in paragraph (b)(2) by striking ``November
12, 2004'' and inserting ``May 4, 2005.''
Sec. 124. Section 105(f)(1)(B) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B))
is amended in clause (ix) by--
(1) striking ``Republic'' both places it appears and
inserting ``government, institutions, and people'';
(2) striking ``2007'' and inserting ``2009''; and
(3) striking ``was'' and inserting ``were''.
Sec. 125. The Secretary of the Interior may enter into
cooperative agreements with a State or political subdivision
(including any agency thereof), or any not-for-profit
organization if the agreement will: (1) serve a mutual interest
of the parties to the agreement in carrying out the programs
administered by the Department of the Interior; and (2) all
parties will contribute resources to the accomplishment of
these objectives. At the discretion of the Secretary, such
agreements shall not be subject to a competitive process.
Sec. 126. The Federal properties commonly referred to as the
Barnes Ranch and Agency Lake Ranch (the properties) in Klamath
County, Oregon, managed by the Bureau of Reclamation shall be
transferred to the Upper Klamath National Wildlife Refuge
(Refuge) in accordance with the Memorandum of Understanding
between the U.S. Fish and Wildlife Service Klamath Basin
National Wildlife Refuge Complex and the Bureau of Reclamation
Klamath Basin Area Office and The Nature Conservancy dated
March 2, 2007, as expeditiously as possible and no later than
December 2008: Provided, That these Federal properties and all
Federal refuge lands within the adjusted boundary area for the
Refuge, as approved by the U.S. Fish and Wildlife Service
(Service) in June 2005 under the Land Protection Plan of 2005,
shall be made a part of the Refuge and shall be managed by the
Service as such: Provided further, That each year after the
properties become part of the Refuge, those increments of water
passively stored on the properties shall be applied and
credited toward the requirements of any consultation or
reconsultation over Klamath Project operations pursuant to
section 7 of the Endangered Species Act, consistent with
Federal law and State water law.
Sec. 127. Corinth Unit of Shiloh National Military Park
Boundary Expansion. The Corinth Battlefield Preservation Act of
2000 (16 U.S.C. 430f-6 et seq.) is amended--
(1) in section 3(1) (16 U.S.C. 430f-7(1)), by
striking ``304/80,007, and dated October 1998'' and
inserting ``304A/80009, and dated April 2007'';
(2) in section 4(b) (16 U.S.C. 430f-8(b)), by
striking paragraph (1) and inserting the following:
``(1) approximately 950 acres, as generally depicted
on the Map; and'';
(3) in section 5(a) (16 U.S.C. 430f-9(a)), by
striking ``as depicted on the Map'' and inserting
``described in section 4(b)'';
(4) by striking section 7 (16 U.S.C. 430f-11); and
(5) by redesignating section 8 (16 U.S.C. 430f-12) as
section 7.
Sec. 128. In section 5(8) of Public Law 107-226, strike
``acquire'' and all that follows and insert, ``acquire the land
or interests in land for the memorial by donation, purchase
with donated or appropriated funds, exchange or condemnation
with donated or appropriated funds; and''.
Sec. 129. Clarification of Concessionaire Historic Rights.
(a) In implementing section 1307 of Public Law 96-487 (96 Stat.
2479), the Secretary shall deem Denali National Park Wilderness
Centers, Ltd., a corporation organized and existing under the
laws of the State of Alaska, to be a person who, on or before
January 1, 1979, was engaged in adequately providing the
following scope and level of visitor services within what is
currently Denali National Park and Preserve:
(1) Guided interpretive hiking services in the
Kantishna area new park additions (i.e. park area added
in 1980 to former Mount McKinley National Park), not to
exceed 14 guided interpretive hikes per week.
(2) Gold panning outings in the Kantishna area new
park additions, not to exceed 3 gold panning outings
per week.
(3) Guided interpretive trips, including an average
of four vehicle trips per day, not to exceed 28 trips
per week, into the Old Park (i.e. former Mount McKinley
National Park).
(4) Guided and unguided canoeing on Wonder Lake,
including the storage of five canoes on Wonder Lake.
(5) Transportation over the road between the north
boundary of the Old Park and Wonder Lake, including
Wonder Lake Campground, for an average of 10 trips per
day not to exceed 70 trips per week.
(b) For purpose of implementing this section, the term
``person'' means the person who has a controlling interest in
the entity described under subsection (a) or his lineal
descendants born prior to January 1, 1979.
Sec. 130. Section 16 of the Colorado Ute Indian Water Rights
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2913; 114
Stat. 2763A-263)) is amended--
(1) in subsection (c)(3)(B)(iii), by striking ``by
requiring'' and all that follows through
``enhancement'' and inserting the following: ``, the
plan shall provide that not less than \1/3\ of the
funds referred to in clause (i) shall be expended for
municipal or rural water development and that annual
expenditures under that provision shall be reported to
the Secretary each year''; and
(2) in the third sentence of subsection (f), by
striking ``December 31, 2012'' and inserting ``the date
that is 5 years after the date of the final settlement
of the tribal claims under section 18''.
Sec. 131. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah Valley
Battlefields National Historic District and Ice Age National
Scenic Trail may be used for a grant to a State, a local
government, or any other land management entity for the
acquisition of lands without regard to any restriction on the
use of Federal land acquisition funds provided through the Land
and Water Conservation Fund Act of 1965 as amended.
Sec. 132. From within amounts provided to the National Park
Service Land Acquisition account by this Act, $2,000,000 shall
be made available to the State of Mississippi pursuant to a
grant agreement with the National Park Service, in order that
the State may acquire land or interests in land on Cat Island,
which is located within the Gulf Islands National Seashore.
Funds provided to the State of Mississippi through such grant
agreement shall not be contingent upon matching funds provided
by the State. Any lands or interests acquired with funds under
this section shall be owned by the federal government and
administered as part of the National Seashore.
Sec. 133. Mesa Verde National Park Boundary Change. (a)
Acquisition of Land.--
(1) In general.--The Secretary may acquire the land
or an interest in the land described in subsection (b)
for addition to the Mesa Verde National Park.
(2) Means.--An acquisition of land under paragraph
(1) may be made by donation, purchase from a willing
seller with donated or appropriated funds, or exchange.
(b) Description of Land.--The land referred to in subsection
(a)(1) is the approximately 360 acres of land adjacent to the
Park, as generally depicted on the map, entitled ``Mesa Verde
National Park Proposed Boundary Adjustment'', numbered 307/
80,180, and dated March 1, 2007.
(c) Availability of Map.--The map shall be on file and
available for inspection in the appropriate offices of the
National Park Service.
(d) Boundary Modification.--The boundary of the Park shall be
revised to reflect the acquisition of the land under subsection
(a).
(e) Administration.--The Secretary shall administer any land
or interest in land acquired under subsection (a)(1) as part of
the Park in accordance with the laws (including regulations)
applicable to the Park.
Sec. 134. In implementing section 1307 of Public Law 96-487
(4 Stat. 2479), the Secretary shall deem the present holders of
entry permit CP-GLBA005-00 and entry permit CP-GLBA004-00 each
to be a person who, on or before January 1, 1979, was engaged
in adequately providing visitor services of the type authorized
in said permit within Glacier Bay National Park.
Sec. 135. Funds provided under Public Law 109-54 may be
granted to the Alice Ferguson Foundation for site planning and
design and rehabilitation of the Potomac River Habitat Study
Complex and the Wareham Lodge.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended;
necessary expenses for personnel and related costs and travel
expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376; procurement of laboratory
equipment and supplies; other operating expenses in support of
research and development; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $772,129,000, to remain available until
September 30, 2009.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5 U.S.C.
5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to
exceed $9,000 for official reception and representation
expenses, $2,364,854,000, to remain available until September
30, 2009, including administrative costs of the brownfields
program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, as amended, and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $41,750,000, to remain available until
September 30, 2009.
Buildings and Facilities
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use
by, the Environmental Protection Agency, $34,801,000, to remain
available until expended.
Hazardous Substance Superfund
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5),
(c)(6), and (e)(4) (42 U.S.C. 9611), and for construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; $1,273,871,000,
to remain available until expended, consisting of such sums as
are available in the Trust Fund on September 30, 2007, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,273,871,000 as
a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of SARA,
as amended: Provided, That funds appropriated under this
heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $11,668,000
shall be paid to the ``Office of Inspector General''
appropriation to remain available until September 30, 2009, and
$26,126,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2009.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of the
Solid Waste Disposal Act, as amended, and for construction,
alteration, repair, rehabilitation, and renovation of
Environmental Protection Agency facilities, not to exceed
$85,000 per project, $107,493,000, to remain available until
expended, of which $76,493,000 shall be for carrying out
leaking underground storage tank cleanup activities authorized
by section 9003(h) of the Solid Waste Disposal Act, as amended;
$31,000,000 shall be for carrying out the other provisions of
the Solid Waste Disposal Act specified in section 9508(c) of
the Internal Revenue Code, as amended: Provided, That the
Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally-recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Oil Spill Response
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $17,326,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State And Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $2,972,595,000, to remain
available until expended, of which $700,000,000 shall be for
making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); of which up to
$75,000,000 shall be available for loans, including interest
free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to
municipal, inter-municipal, interstate, or State agencies or
nonprofit entities for projects that provide treatment for or
that minimize sewage or stormwater discharges using one or more
approaches which include, but are not limited to, decentralized
or distributed stormwater controls, decentralized wastewater
treatment, low-impact development practices, conservation
easements, stream buffers, or wetlands restoration;
$842,167,000 shall be for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act, as amended; $20,000,000 shall be for
architectural, engineering, planning, design, construction and
related activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission; $25,000,000 shall be for grants
to the State of Alaska to address drinking water and waste
infrastructure needs of rural and Alaska Native Villages:
Provided, That, of these funds: (1) the State of Alaska shall
provide a match of 25 percent; (2) no more than 5 percent of
the funds may be used for administrative and overhead expenses;
and (3) not later than October 1, 2005, the State of Alaska
shall make awards consistent with the State-wide priority list
established in 2004 for all water, sewer, waste disposal, and
similar projects carried out by the State of Alaska that are
funded under section 221 of the Federal Water Pollution Control
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in
regional hub communities; $135,000,000 shall be for making
special project grants for the construction of drinking water,
wastewater and storm water infrastructure and for water quality
protection in accordance with the terms and conditions
specified for such grants in the explanatory statement
accompanying this Act, and, for purposes of these grants, each
grantee shall contribute not less than 45 percent of the cost
of the project unless the grantee is approved for a waiver by
the Agency; $95,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, including grants,
interagency agreements, and associated program support costs;
$50,000,000 shall be for grants under title VII, subtitle G of
the Energy Policy Act of 2005, as amended; $10,000,000 shall be
for grants for cost-effective emission reduction projects in
accordance with the terms and conditions of the explanatory
statement accompanying this Act; and $1,095,428,000 shall be
for grants, including associated program support costs, to
States, federally-recognized tribes, interstate agencies,
tribal consortia, and air pollution control agencies for multi-
media or single media pollution prevention, control and
abatement and related activities, including activities pursuant
to the provisions set forth under this heading in Public Law
104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which $49,495,000 shall be for carrying out
section 128 of CERCLA, as amended, $10,000,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs, $18,500,000 of the funds
available for grants under section 106 of the Act shall be for
water quality monitoring activities, $10,000,000 shall be for
making competitive targeted watershed grants, and, in addition
to funds appropriated under the heading ``Leaking Underground
Storage Tank Trust Fund Program'' to carry out the provisions
of the Solid Waste Disposal Act specified in section 9508(c) of
the Internal Revenue Code other than section 9003(h) of the
Solid Waste Disposal Act, as amended, $2,500,000 shall be for
financial assistance to States under section 2007(f)(2) of the
Solid Waste Disposal Act, as amended: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
2008 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided
further, That for fiscal year 2008, and notwithstanding section
518(f) of the Act, the Administrator is authorized to use the
amounts appropriated for any fiscal year under section 319 of
that Act to make grants to federally-recognized Indian tribes
pursuant to sections 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2008, notwithstanding the
limitation on amounts in section 518(c) of the Act, up to a
total of 1\1/2\ percent of the funds appropriated for State
Revolving Funds under title VI of that Act may be reserved by
the Administrator for grants under section 518(c) of that Act:
Provided further, That no funds provided by this appropriations
Act to address the water, wastewater and other critical
infrastructure needs of the colonias in the United States along
the United States-Mexico border shall be made available to a
county or municipal government unless that government has
established an enforceable local ordinance, or other zoning
rule, which prevents in that jurisdiction the development or
construction of any additional colonia areas, or the
development within an existing colonia the construction of any
new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure.
Administrative Provisions, Environmental Protection Agency
(INCLUDING RESCISSION OF FUNDS)
For fiscal year 2008, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally-recognized Indian
Tribes or Intertribal consortia, if authorized by their member
Tribes, to assist the Administrator in implementing Federal
environmental programs for Indian Tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (as added by
subsection (f)(2) of the Pesticide Registration Improvement Act
of 2003), as amended.
None of the funds provided in this Act may be used, directly
or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the
Federal Government or a grantee) at more than the daily
equivalent of the rate paid for level IV of the Executive
Schedule, unless specifically authorized by law.
From unobligated balances to carry out projects and
activities authorized under section 206(a) of the Federal Water
Pollution Control Act, $5,000,000 are hereby rescinded.
None of the funds made available by this Act may be used in
contravention of, or to delay the implementation of, Executive
Order No. 12898 of February 11, 1994 (59 Fed. Reg. 7629;
relating to Federal actions to address environmental justice in
minority populations and low-income populations).
Of the funds provided in the Environmental Programs and
Management account, not less than $3,500,000 shall be provided
for activities to develop and publish a draft rule not later
than 9 months after the date of enactment of this Act, and a
final rule not later than 18 months after the date of enactment
of this Act, to require mandatory reporting of greenhouse gas
emissions above appropriate thresholds in all sectors of the
economy of the United States.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $290,457,000, to remain available until
expended: Provided, That of the funds provided, $61,329,000 is
for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry, and
education and land conservation activities and conducting an
international program as authorized, $266,974,000, to remain
available until expended, as authorized by law; of which
$7,500,000 is for the International Program; and of which
$53,146,000 is to be derived from the Land and Water
Conservation Fund.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,492,868,000, to
remain available until expended, which shall include 50 percent
of all moneys received during prior fiscal years as fees
collected under the Land and Water Conservation Fund Act of
1965, as amended, in accordance with section 4 of the Act (16
U.S.C. 460l-6a(i)): Provided, That unobligated balances under
this heading available at the start of fiscal year 2008 shall
be displayed by budget line item in the fiscal year 2009 budget
justification: Provided further, That of the funds provided
under this heading for Forest Products, $4,000,000 shall be
allocated to the Alaska Region, in addition to its normal
allocation for the purposes of preparing additional timber for
sale, to establish a 3-year timber supply and such funds may be
transferred to other appropriations accounts as necessary to
maximize accomplishment.
capital improvement and maintenance
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, $456,895,000, to remain available until expended,
for construction, capital improvement, maintenance and
acquisition of buildings and other facilities, and
infrastructure; and for construction, capital improvement,
decommissioning, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205; and in addition $25,000,000 to be
transferred from the timber roads purchaser election fund and
merged with this account, to remain available until expended:
Provided, That $40,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and
maintenance and associated activities, and removal of fish
passage barriers, especially in areas where Forest Service
roads may be contributing to water quality problems in streams
and water bodies which support threatened, endangered or
sensitive species or community water sources and for urgently
needed road repairs required due to recent storm events:
Provided further, That up to $40,000,000 of the funds provided
herein for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not part
of the transportation system, which are no longer needed:
Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project: Provided further, That the decommissioning of
unauthorized roads not part of the official transportation
system shall be expedited in response to threats to public
safety, water quality, or natural resources: Provided further,
That funds becoming available in fiscal year 2008 under the Act
of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for
transfer or obligation for any other purpose unless the funds
are appropriated: Provided further, That notwithstanding any
other provision of law, the Forest Service shall provide
$1,197,000 appropriated in Public Law 110-5 within the Capital
Improvement and Maintenance appropriation as an advance direct
lump sum payment to West Virginia University for the planning
and construction of a research greenhouse facility as the
Federal share in the construction of the new facility.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $42,490,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,053,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public
school districts, or other public school authorities, and for
authorized expenditures from funds deposited by non-Federal
parties pursuant to Land Sale and Exchange Acts, pursuant to
the Act of December 4, 1967, as amended (16 U.S.C. 484a), to
remain available until expended. (16 U.S.C. 4601-516-617a,
555a; Public Law 96-586; Public Law 76-589, 76-591; and 78-
310).
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, as amended, to remain
available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $56,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (Public
Law 96-487), $5,053,000, to remain available until expended.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, hazardous fuels reduction on or
adjacent to such lands, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$1,974,276,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be available
to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further, That
not less than 50 percent of any unobligated balances remaining
(exclusive of amounts for hazardous fuels reduction) at the end
of fiscal year 2007 shall be transferred to the fund
established pursuant to section 3 of Public Law 71-319 (16
U.S.C. 576 et seq.) if necessary to reimburse the fund for
unpaid past advances: Provided further, That, notwithstanding
any other provision of law, $8,000,000 of funds appropriated
under this appropriation shall be used for Fire Science
Research in support of the Joint Fire Science Program: Provided
further, That all authorities for the use of funds, including
the use of contracts, grants, and cooperative agreements,
available to execute the Forest and Rangeland Research
appropriation, are also available in the utilization of these
funds for Fire Science Research: Provided further, That funds
provided shall be available for emergency rehabilitation and
restoration, hazardous fuels reduction activities in the urban-
wildland interface, support to Federal emergency response, and
wildfire suppression activities of the Forest Service: Provided
further, That of the funds provided, $315,000,000 is for
hazardous fuels reduction activities, $11,000,000 is for
rehabilitation and restoration, $23,892,000 is for research
activities and to make competitive research grants pursuant to
the Forest and Rangeland Renewable Resources Research Act, as
amended (16 U.S.C. 1641 et seq.), $48,727,000 is for State fire
assistance, $8,000,000 is for volunteer fire assistance,
$14,252,000 is for forest health activities on Federal lands
and $10,014,000 is for forest health activities on State and
private lands: Provided further, That amounts in this paragraph
may be transferred to the ``State and Private Forestry'',
``National Forest System'', and ``Forest and Rangeland
Research'' accounts to fund State fire assistance, volunteer
fire assistance, forest health management, forest and rangeland
research, the Joint Fire Science Program, vegetation and
watershed management, heritage site rehabilitation, and
wildlife and fish habitat management and restoration: Provided
further, That transfers of any amounts in excess of those
authorized in this paragraph, shall require approval of the
House and Senate Committees on Appropriations in compliance
with reprogramming procedures contained in the explanatory
statement accompanying this Act: Provided further, That up to
$10,000,000 of the funds provided under this heading for
hazardous fuels treatments may be transferred to and made a
part of the ``National Forest System'' account at the sole
discretion of the Chief of the Forest Service thirty days after
notifying the House and the Senate Committees on
Appropriations: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the
Forest Service under the State and Private Forestry
Appropriation, up to $15,000,000 may be used on adjacent non-
Federal lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest
lands that have the potential to place such communities at
risk: Provided further, That funds made available to implement
the Community Forest Restoration Act, Public Law 106-393, title
VI, shall be available for use on non-Federal lands in
accordance with authorities available to the Forest Service
under the State and Private Forestry Appropriation: Provided
further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $10,000,000, between the Departments when such transfers
would facilitate and expedite jointly funded wildland fire
management programs and projects: Provided further, That of the
funds provided for hazardous fuels reduction, not to exceed
$7,000,000, may be used to make grants, using any authorities
available to the Forest Service under the State and Private
Forestry appropriation, for the purpose of creating incentives
for increased use of biomass from national forest lands:
Provided further, That funds designated for wildfire
suppression shall be assessed for cost pools on the same basis
as such assessments are calculated against other agency
programs.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft from excess sources to
maintain the operable fleet for use in Forest Service wildland
fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National Forest
Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for
debt collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon notification of the House and Senate Committees
on Appropriations and if and only if all previously
appropriated emergency contingent funds under the heading
``Wildland Fire Management'' have been released by the
President and apportioned and all wildfire suppression funds
under the heading ``Wildland Fire Management'' are obligated.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States and
international organizations.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-107 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the explanatory statement
accompanying this Act.
Not more than $73,285,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $24,021,000 of
funds available to the Forest Service shall be transferred to
the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing in
this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
services from the Department of Agriculture's National
Information Technology Center.
Funds available to the Forest Service shall be available to
conduct a program of up to $5,000,000 for priority projects
within the scope of the approved budget, of which $2,500,000
shall be carried out by the Youth Conservation Corps and
$2,500,000 shall be carried out under the authority of the
Public Lands Corps Healthy Forests Restoration Act of 2005,
Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593,
of the funds available to the Forest Service, $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That the Foundation shall obtain,
by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis
funds made available by the Forest Service: Provided further,
That the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds: Provided further, That
authorized investments of Federal funds held by the Foundation
may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000
of the funds available to the Forest Service shall be advanced
to the National Fish and Wildlife Foundation in a lump sum to
aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That
such funds shall be matched on at least a one-for-one basis by
the Foundation or its sub-recipients: Provided further, That
the Foundation may transfer Federal funds to a Federal or non-
Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
An eligible individual who is employed in any project funded
under title V of the Older American Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be
considered to be a Federal employee for purposes of chapter 171
of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$45,000,000, shall be assessed for the purpose of performing
facilities maintenance. Such assessments shall occur using a
square foot rate charged on the same basis the agency uses to
assess programs for payment of rent, utilities, and other
support services.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future
budget justifications for both the Forest Service and the
Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian
Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health
Service, $3,018,624,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $588,515,000 for contract medical care, including
$27,000,000 for the Indian Catastrophic Health Emergency Fund,
shall remain available until expended: Provided further, That
no less than $35,094,000 is provided for maintaining operations
of the urban Indian health program: Provided further, That of
the funds provided, up to $32,000,000 shall remain available
until expended for implementation of the loan repayment program
under section 108 of the Indian Health Care Improvement Act:
Provided further, That $14,000,000 is provided for a
methamphetamine and suicide prevention and treatment
initiative, of which up to $5,000,000 may be used for mental
health, suicide prevention, and behavioral issues associated
with methamphetamine use: Provided further, That
notwithstanding any other provision of law, these funds shall
be allocated outside all other distribution methods and
formulas at the discretion of the Director of the Indian Health
Service and shall remain available until expended: Provided
further, That funds provided in this Act may be used for one-
year contracts and grants which are to be performed in two
fiscal years, so long as the total obligation is recorded in
the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the
Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act (exclusive of planning, design, or
construction of new facilities): Provided further, That funding
contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding any
other provision of law, of the amounts provided herein, not to
exceed $271,636,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated
with contracts, grants, self-governance compacts or annual
funding agreements between the Indian Health Service and a
tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during
fiscal year 2008, of which not to exceed $5,000,000 may be used
for contract support costs associated with new or expanded
self-determination contracts, grants, self-governance compacts
or annual funding agreements: Provided further, That the Bureau
of Indian Affairs may collect from the Indian Health Service
and tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638 such individually identifiable
health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under
the Individuals with Disabilities Education Act (20 U.S.C.
1400, et seq.): Provided further, That funds available for the
Indian Health Care Improvement Fund may be used, as needed, to
carry out activities typically funded under the Indian Health
Facilities account.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $380,583,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be
used to purchase land for sites to construct, improve, or
enlarge health or related facilities: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department
of Housing and Urban Development: Provided further, That not to
exceed $1,000,000 from this account and the ``Indian Health
Services'' account shall be used by the Indian Health Service
to obtain ambulances for the Indian Health Service and tribal
facilities in conjunction with an existing interagency
agreement between the Indian Health Service and the General
Services Administration: Provided further, That not to exceed
$500,000 shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for
demolition of Federal buildings.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376;
hire of passenger motor vehicles and aircraft; purchase of
medical equipment; purchase of reprints; purchase, renovation
and erection of modular buildings and renovation of existing
facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances
therefor as authorized by 5 U.S.C. 5901-5902; and for expenses
of attendance at meetings which are concerned with the
functions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation.
None of the funds made available to the Indian Health Service
in this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved
by the House and Senate Committees on Appropriations through
the reprogramming process.
Notwithstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I
or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and
reobligated to a self-determination contract under title I, or
a self-governance agreement under title V of such Act and
thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation.
None of the funds made available to the Indian Health Service
in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in advance
with subsequent adjustment. The reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account that provided
the funding, with such amounts to remain available until
expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance.
The appropriation structure for the Indian Health Service may
not be altered without advance notification to the House and
Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $78,775,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $75,212,000, of which up to
$1,500,000, to remain available until expended, is for
Individual Learning Accounts for full-time equivalent employees
of the Agency for Toxic Substances and Disease Registry:
Provided, That notwithstanding any other provision of law, in
lieu of performing a health assessment under section 104(i)(6)
of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
health care providers: Provided further, That in performing any
such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the
deadlines in section 104(i)(6)(A) of CERCLA.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of
1969, the Environmental Quality Improvement Act of 1970, and
Reorganization Plan No. 1 of 1977, and not to exceed $750 for
official reception and representation expenses, $2,703,000:
Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of
one member, appointed by the President, by and with the advice
and consent of the Senate, serving as chairman and exercising
all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including
hire of passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed the
per diem equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376, $9,410,000: Provided, That
the Chemical Safety and Hazard Investigation Board (Board)
shall have not more than three career Senior Executive Service
positions: Provided further, that notwithstanding any other
provision of law, the individual appointed to the position of
Inspector General of the Environmental Protection Agency (EPA)
shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$9,000,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$7,297,000.
Smithsonian Institution
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; up to five replacement passenger vehicles;
purchase, rental, repair, and cleaning of uniforms for
employees, $571,347,000, of which not to exceed $19,968,000 for
the instrumentation program, collections acquisition,
exhibition reinstallation, the National Museum of African
American History and Culture, and the repatriation of skeletal
remains program shall remain available until expended; and of
which $1,578,000 for fellowships and scholarly awards shall
remain available until September 30, 2009; and including such
funds as may be necessary to support American overseas research
centers: Provided, That funds appropriated herein are available
for advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $107,100,000, to
remain available until expended, of which not to exceed $10,000
is for services as authorized by 5 U.S.C. 3109.
Legacy Fund
For major restoration, renovation, and rehabilitation of
existing Smithsonian facilities, $15,000,000, to remain
available until expended: Provided, That funds shall only be
available after being matched by no less than $30,000,000 in
private donations, which shall not include in-kind
contributions: Provided further, That none of the funds made
available under this heading or any required matching funds
shall be used for day-to-day maintenance, general salaries and
expenses, or programmatic purposes.
National Gallery of Art
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $101,718,000, of which not to exceed
$3,350,000 for the special exhibition program shall remain
available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as
authorized, $18,017,000, to remain available until expended:
Provided, That contracts awarded for environmental systems,
protection systems, and exterior repair or renovation of
buildings of the National Gallery of Art may be negotiated with
selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$20,200,000.
CAPITAL REPAIR AND RESTORATION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $23,150,000, to remain
available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5
U.S.C. 3109, $10,000,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$147,000,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts, including arts education and public outreach activities,
through assistance to organizations and individuals pursuant to
section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended: Provided, That funds appropriated herein shall
be expended in accordance with sections 309 and 311 of Public
Law 108-447.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$132,490,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities,
pursuant to section 7(c) of the Act, and for administering the
functions of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of 1965,
as amended, $14,510,000, to remain available until expended, of
which $9,479,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): Provided,
That this appropriation shall be available for obligation only
in such amounts as may be equal to the total amounts of gifts,
bequests, and devises of money, and other property accepted by
the chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during
the current and preceding fiscal years for which equal amounts
have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the
National Foundation on the Arts and the Humanities may be used
for official reception and representation expenses: Provided
further, That funds from nonappropriated sources may be used as
necessary for official reception and representation expenses:
Provided further, That the Chairperson of the National
Endowment for the Arts may approve grants of up to $10,000, if
in the aggregate this amount does not exceed 5 percent of the
sums appropriated for grant-making purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson:
Provided further, That section 309(1) of division E, Public Law
108-447, is amended by inserting ``National Opera Fellowship,''
after ``National Heritage Fellowship,''.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $2,092,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be credited
to this account as an offsetting collection, to remain
available until expended without further appropriation.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), as amended, $8,500,000.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,348,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $8,265,000: Provided, That one-
quarter of 1 percent of the funds provided under this heading
may be used for official reception and representational
expenses associated with hosting international visitors engaged
in the planning and physical development of world capitals.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106-292 (36 U.S.C. 2301-2310), $45,496,000, of
which $515,000 for the equipment replacement program shall
remain available until September 30, 2010; and $1,900,000 for
the museum's repair and rehabilitation program and $1,264,000
for the museum's exhibition design and production program shall
remain available until expended.
Presidio Trust
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $22,400,000
shall be available to the Presidio Trust, to remain available
until expended.
White House Commission on the National Moment of Remembrance
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the White House Commission on the
National Moment of Remembrance, $200,000, which shall be
transferred to the Department of Veterans Affairs,
``Departmental Administration, General Operating Expenses''
account and be administered by the Secretary of Veterans
Affairs.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
Salaries and Expenses
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$2,000,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Sec. 401. The expenditure of any appropriation under this Act
for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive Order
issued pursuant to existing law.
Sec. 402. No part of any appropriation contained in this Act
shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 403. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as
otherwise provided by law.
Sec. 405. Estimated overhead charges, deductions, reserves or
holdbacks from programs, projects, activities and subactivities
to support government-wide, departmental, agency or bureau
administrative functions or headquarters, regional or central
operations shall be presented in annual budget justifications
and subject to approval by the Committees on Appropriations.
Changes to such estimates shall be presented to the Committees
on Appropriations for approval.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer provided in, this Act or any other Act.
Sec. 407. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as
giant sequoia (Sequoiadendron giganteum) which are located on
National Forest System or Bureau of Land Management lands in a
manner different than such sales were conducted in fiscal year
2006.
Sec. 408. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2008, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section 314(c)
of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
Sec. 409. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports
for the Bureau of Indian Affairs and the Indian Health Service
by Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, 109-54,
109-289, division B and Continuing Appropriations Resolution,
2007 (division B of Public Law 109-289, as amended by Public
Law 110-5) for payments for contract support costs associated
with self-determination or self-governance contracts, grants,
compacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994
through 2007 for such purposes, except that for the Bureau of
Indian Affairs, tribes and tribal organizations may use their
tribal priority allocations for unmet contract support costs of
ongoing contracts, grants, self-governance compacts or annual
funding agreements.
Sec. 410. Prior to October 1, 2008, the Secretary of
Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely
because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this
section exempts the Secretary from any other requirement of the
Forest and Rangeland Renewable Resources Planning Act (16
U.S.C. 1600 et seq.) or any other law: Provided, That if the
Secretary is not acting expeditiously and in good faith, within
the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect
to such plan and a court of proper jurisdiction may order
completion of the plan on an accelerated basis.
Sec. 411. No timber sale in Region 10 shall be advertised if
the indicated rate is deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar. Program accomplishments shall be based on volume
sold. Should Region 10 sell, in the current fiscal year, the
annual average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan in sales
which are not deficit when appraised using a residual value
approach that assigns domestic Alaska values for western
redcedar, all of the western redcedar timber from those sales
which is surplus to the needs of domestic processors in Alaska,
shall be made available to domestic processors in the
contiguous 48 United States at prevailing domestic prices.
Should Region 10 sell, in the current fiscal year, less than
the annual average portion of the decadal allowable sale
quantity called for in the Tongass Land Management Plan in
sales which are not deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar, the volume of western redcedar timber available to
domestic processors at prevailing domestic prices in the
contiguous 48 United States shall be that volume: (1) which is
surplus to the needs of domestic processors in Alaska; and (2)
is that percent of the surplus western redcedar volume
determined by calculating the ratio of the total timber volume
which has been sold on the Tongass to the annual average
portion of the decadal allowable sale quantity called for in
the current Tongass Land Management Plan. The percentage shall
be calculated by Region 10 on a rolling basis as each sale is
sold (for purposes of this amendment, a ``rolling basis'' shall
mean that the determination of how much western redcedar is
eligible for sale to various markets shall be made at the time
each sale is awarded). Western redcedar shall be deemed
``surplus to the needs of domestic processors in Alaska'' when
the timber sale holder has presented to the Forest Service
documentation of the inability to sell western redcedar logs
from a given sale to domestic Alaska processors at a price
equal to or greater than the log selling value stated in the
contract. All additional western redcedar volume not sold to
Alaska or contiguous 48 United States domestic processors may
be exported to foreign markets at the election of the timber
sale holder. All Alaska yellow cedar may be sold at prevailing
export prices at the election of the timber sale holder.
Sec. 412. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
Sec. 413. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.
1856m) the Secretary of Agriculture and the Secretary of the
Interior are authorized to enter into reciprocal agreements in
which the individuals furnished under said agreements to
provide wildfire services are considered, for purposes of tort
liability, employees of the country receiving said services
when the individuals are engaged in fire suppression: Provided,
That the Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or
through its fire organization) agrees to assume any and all
liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country: Provided further,
That when an agreement is reached for furnishing fire fighting
services, the only remedies for acts or omissions committed
while fighting fires shall be those provided under the laws of
the host country, and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a
foreign country: Provided further, That neither the sending
country nor any legal organization associated with the
firefighter shall be subject to any legal action whatsoever
pertaining to or arising out of the firefighter's role in fire
suppression.
Sec. 414. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of Agriculture
and the Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment and
training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by
reduced timber harvesting on Federal lands and other forest-
dependent rural communities isolated from significant
alternative employment opportunities: Provided, That
notwithstanding Federal Government procurement and contracting
laws the Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit
youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or
cooperative agreement is for forest hazardous fuels reduction,
watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, or habitat restoration or
management: Provided further, That the terms ``rural
community'' and ``economically disadvantaged'' shall have the
same meanings as in section 2374 of Public Law 101-624:
Provided further, That the Secretaries shall develop guidance
to implement this section: Provided further, That nothing in
this section shall be construed as relieving the Secretaries of
any duty under applicable procurement laws, except as provided
in this section.
Sec. 415. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other
Act to the Department of the Interior for fiscal year
2008, not more than $3,450,000 may be used by the
Secretary of the Interior to initiate or continue
competitive sourcing studies in fiscal year 2008 for
programs, projects, and activities for which funds are
appropriated by this Act.
(2) None of the funds made available by this or any
other Act may be used in fiscal year 2008 for
competitive sourcing studies and any related activities
involving Forest Service personnel.
(b) Competitive Sourcing Study Defined.--In this section, the
term ``competitive sourcing study'' means a study on subjecting
work performed by Federal Government employees or private
contractors to public-private competition or on converting the
Federal Government employees or the work performed by such
employees to private contractor performance under the Office of
Management and Budget Circular A-76 or any other administrative
regulation, directive, or policy.
(c) Competitive Sourcing Exemption for Forest Service Studies
Conducted Prior to Fiscal Year 2006.--The Forest Service is
hereby exempted from implementing the Letter of Obligation and
post-competition accountability guidelines where a competitive
sourcing study involved 65 or fewer full-time equivalents, the
performance decision was made in favor of the agency provider,
no net savings was achieved by conducting the study, and the
study was completed prior to the date of this Act.
(d) In preparing any reports to the Committees on
Appropriations on competitive sourcing activities, agencies
funded in this Act shall include all costs attributable to
conducting the competitive sourcing competitions and staff work
to prepare for competitions or to determine the feasibility of
starting competitions, including costs attributable to paying
outside consultants and contractors and, in accordance with
full cost accounting principles, all costs attributable to
developing, implementing, supporting, managing, monitoring, and
reporting on competitive sourcing, including personnel,
consultant, travel, and training costs associated with program
management.
(e) In carrying out any competitive sourcing study involving
Department of the Interior employees, the Secretary of the
Interior shall--
(1) determine whether any of the employees concerned
are also qualified to participate in wildland fire
management activities; and
(2) take into consideration the effect that
contracting with a private sector source would have on
the ability of the Department of the Interior to
effectively and efficiently fight and manage wildfires.
Sec. 416. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2000, regarding the pilot
program to enhance Forest Service administration of rights-of-
way (as enacted into law by section 1000(a)(3) of Public Law
106-113; 113 Stat. 1501A-196; 16 U.S.C. 497 note), as amended,
is amended--
(1) in subsection (a) by striking ``2006'' and
inserting ``2012''; and
(2) in subsection (b) by striking ``2006'' and
inserting ``2012''.
Sec. 417. Section 321 of the Department of the Interior and
Related Agencies Appropriations Act, 2003, regarding Forest
Service cooperative agreements with third parties that are of
mutually significant benefit (division F of Public Law 108-7;
117 Stat. 274; 16 U.S.C. 565a-1 note) is amended by striking
``September 30, 2007'' and inserting ``September 30, 2010''.
Sec. 418. (a) Notwithstanding any other provision of law and
until October 1, 2009, the Indian Health Service may not
disburse funds for the provision of health care services
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.) to any
Alaska Native village or Alaska Native village corporation that
is located within the area served by an Alaska Native regional
health entity.
(b) Nothing in this section shall be construed to prohibit
the disbursal of funds to any Alaska Native village or Alaska
Native village corporation under any contract or compact
entered into prior to May 1, 2006, or to prohibit the renewal
of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes,
Inc. and the Council of Athabascan Tribal Governments shall be
treated as Alaska Native regional health entities to which
funds may be disbursed under this section.
Sec. 419. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated
for Federal assistance to the State of Florida to acquire lands
for Everglades restoration purposes.
Sec. 420. Section 337(a) of the Department of the Interior
and Related Agencies Appropriations Act, 2005 (Public Law 108-
447; 118 Stat. 3012) is amended by striking ``September 30,
2006'' and inserting ``September 30, 2008''.
Sec. 421. Section 339 of division E of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3103)
is amended--
(1) by striking ``2005 through 2007'' and inserting
``2005 through 2008''; and
(2) by adding at the end the following new sentence:
``The categorical exclusion under this section shall
not apply with respect to any allotment in a federally
designated wilderness area.''.
Sec. 422. A permit fee collected during fiscal year 2007 by
the Secretary of Agriculture under the Act of March 4, 1915 (16
U.S.C. 497) for a marina on the Shasta-Trinity National Forest
shall be deposited in a special account in the Treasury
established for the Secretary of Agriculture, and shall remain
available to the Secretary of Agriculture until expended,
without further appropriation, for purposes stated in section
808(a)(3)(A-D) of title VIII of division J of Public Law 108-
447 (16 U.S.C. 6807), and for direct operating or capital costs
associated with the issuance of a marina permit.
Sec. 423. The Forest Service shall allocate to the Regions of
the Forest Service, $15,000,000 from the current balance in the
``timber roads purchaser election fund'', to remain available
until expended, for the following purposes: vegetative
treatments in timber stands at high risk of fire due to insect,
disease, or drought; road work in support of vegetative
treatments to support forest health objectives; and maintaining
infrastructure for the processing of woody fiber in Regions
where it is critical to sustaining local economies and
fulfilling the forest health objectives of the Forest Service.
Sec. 424. (a) Land Sale Authorization.--To offset the acreage
acquired by the Federal Government upon the acquisition of the
Elkhorn Ranch in Medora, North Dakota, the Secretary of
Agriculture (in this section referred to as the ``Secretary'')
shall sell all right, title, and interest of the United States
to between 5,195 or 5,205 acres of National Forest System lands
located in Billings County, North Dakota. It is the intent of
Congress that there will be no net gain in federally owned land
in North Dakota as a result of these land conveyances.
(b) Land Sales.--The Secretary may prescribe reservations,
terms, and conditions of sale under this section, and may
configure the descriptions of the land to be sold under this
section to enhance the marketability of the land or for
management purposes. The Secretary may utilize brokers or other
third parties in the sale of land and, from the proceeds of the
sale, may pay reasonable commissions or fees for services
rendered.
(c) Consideration.--As consideration for the purchase of land
sold under this section, the purchaser shall pay to the
Secretary an amount, in cash, equal to the fair market value of
the land, as determined by the Secretary by appraisal or
competitive sale consistent with Federal law applicable to land
sales. The Secretary may reject any offer made under this
section if the Secretary determines, in the absolute discretion
of the Secretary, that the offer is not adequate or not in the
public interest;
(d) Initial Offer.--Under such terms, conditions, and
procedures as the Secretary may prescribe, any base property
landowner holding a current permit to graze any land authorized
for sale under this section shall have a non-assignable first
right to buy the land, provided that right must be exercised
within 6 months after the date of the offer from the Secretary;
(e) Treatment of Proceeds.--Using the proceeds from the sale
of land under this section, the Secretary shall cover direct
expenses incurred by the Secretary in conducting the sale. Any
remaining proceeds shall be deposited into the fund established
by the Act of December 4, 1967 (commonly known as the Sisk Act;
16 U.S.C. 484a), and shall be available, until expended, for
the acquisition of land for inclusion in the National Forest
System.
(f) Land Transfers.--The lands are to be conveyed from fiscal
years 2008 to 2009. In the conveyance of any land authorized by
this section, the Secretary shall not be required to conduct
additional environmental analysis, including heritage resource
analysis, and no sale, offer to sell, or conveyance shall be
subject to administrative appeal.
(g) Elkhorn Ranch.--The grazing land lease terms in effect on
the date of the enactment of this Act relating to the acquired
Elkhorn Ranch in Medora, North Dakota, shall remain in effect
until December 31, 2009. After that date, Federal land grazing
use of the Elkhorn Ranch shall be managed through the grazing
agreement between the Medora Grazing Association and the Forest
Service. The Animal Unit Months (AUMs) for both Federal and
private lands encompassing the Elkhorn Ranch shall become part
of the grazing agreement held by Medora Grazing Association to
be reallocated to its members in accordance with their rules in
effect as of the date of the enactment of this Act.
(h) The multiple uses of the acquired Elkhorn Ranch shall
continue.
Sec. 425. In fiscal year 2008 and thereafter, the Forest
Service shall not change the eligibility requirements for base
property, and livestock ownership as they relate to leasing of
base property and shared livestock agreements for grazing
permits on the Dakota Prairie Grasslands that were in effect as
of July 18, 2005.
Sec. 426. The Arts and Artifacts Indemnity Act (Public Law
94-158) is amended--
(1) in section 3(a) by striking ``(B) the exhibition
of which is'' and inserting in lieu thereof ``(B) in
the case of international exhibitions,''; and
(2) in section 5(b), by inserting before the period
``for international exhibitions, and $5,000,000,000 at
any one time for domestic exhibitions''; and
(3) in section 5(c), by inserting before the period
``for international exhibitions, or $750,000,000 for
domestic exhibitions''.
Sec. 427. In accordance with authorities available in section
428, of Public Law 109-54, the Secretary of Agriculture and the
Secretary of the Interior shall execute an agreement that
transfers management and oversight of the Great Onyx, Harper's
Ferry, and Oconaluftee Job Corps Centers to the Forest Service.
These Job Corps centers shall continue to be administered as
described in section 147(c) of Public Law 105-220, Workforce
Investment Act of 1998.
Sec. 428. The United States Department of Agriculture, Forest
Service shall seek to collaborate with stakeholders or parties
in Sierra Forest Legacy, et al v. Weingardt, et al, Civil No. C
07-001654 (E.D. Cal.), and Sierra Club, et al v. Bosworth, et
al, Civil No. C 05-00397 (N.D. Cal.), regarding harvest
operations outside of the Giant Sequoia National Monument in
relation to the decisions approving the Revised Ice Timber Sale
and Fuels Reduction Project and the Frog Project, and taking
into account the terms of the contracts for those projects, and
in relation to the Record of Decision for the Kings River
Project, and as appropriate in regard to other disputed fuel
reduction projects in the area.
Sec. 429. (a) In General.--Section 636 of division A of the
Treasury, Postal Service, and General Government Appropriations
Act, 1997 (5 U.S.C. prec. 5941 note; Public Law 104-208), is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``or'';
(B) in paragraph (2), by striking the period
and inserting ``; or''; and
(C) by adding at the end the following:
``(3) a temporary fire line manager.''; and
(2) in subsection (c)--
(A) in paragraph (3), by striking ``, and''
and inserting a semicolon;
(B) in paragraph (4)(B), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) notwithstanding the definition of the terms
`supervisor' and `management official' under section
7103(a) of title 5, United States Code, the term
`temporary fire line manager' means an employee of the
Forest Service or the Department of the Interior, whose
duties include, as determined by the employing agency--
``(A) temporary supervision or management of
personnel engaged in wildland or managed fire
activities;
``(B) providing analysis or information that
affects a decision by a supervisor or manager
about a wildland or managed fire; or
(C) directing the deployment of equipment for
a wildland or managed fire.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act.
Sec. 430. Global Climate Change. (a) The Congress finds
that--
(1) greenhouse gases accumulating in the atmosphere
are causing average temperatures to rise at a rate
outside the range of natural variability and are posing
a substantial risk of rising sea-levels, altered
patterns of atmospheric and oceanic circulation, and
increased frequency and severity of floods, droughts,
and wildfires;
(2) there is a growing scientific consensus that
human activity is a substantial cause of greenhouse gas
accumulation in the atmosphere; and
(3) mandatory steps will be required to slow or stop
the growth of greenhouse gas emissions into the
atmosphere.
(b) It is the sense of the Congress that there should be
enacted a comprehensive and effective national program of
mandatory, market-based limits and incentives on emissions of
greenhouse gases that slow, stop, and reverse the growth of
such emissions at a rate and in a manner that: (1) will not
significantly harm the United States economy; and (2) will
encourage comparable action by other nations that are major
trading partners and key contributors to global emissions.
Sec. 431. None of the funds made available in this Act may be
used to purchase light bulbs unless the light bulbs have the
``ENERGY STAR'' or ``Federal Energy Management Program''
designation, except in instances where the agency determines
that ENERGY STAR or FEMP designated light bulbs are not cost-
effective over the life of the light bulbs or are not
reasonably available to meet the functional requirements of the
agency.
Sec. 432. None of the funds made available under this Act may
be used to promulgate or implement the Environmental Protection
Agency proposed regulations published in the Federal Register
on January 3, 2007 (72 Fed. Reg. 69).
Sec. 433. None of the funds made available by this Act shall
be used to prepare or publish final regulations regarding a
commercial leasing program for oil shale resources on public
lands pursuant to section 369(d) of the Energy Policy Act of
2005 (Public Law 109-58) or to conduct an oil shale lease sale
pursuant to subsection 369(e) of such Act.
Sec. 434. Section 401 of the Herger-Feinstein Quincy Library
Group Forest Recovery Act, Public Law 105-277, division A,
Sec. 101(e) [title IV], 112 Stat. 2681-305, is amended--
(1) In section (g) by striking ``until'' and all that
follows and inserting ``until September 30, 2012.'';
(2) By deleting section (i) and inserting: ``By June
1, 2008, the Forest Service shall initiate a
collaborative process with the Plaintiffs in Sierra
Nevada Forest Prot. Campaign v. Rey, Case No. CIV-S-05-
0205 MCE/GGH (E.D. Cal.), appeal docketed sub nom.
Sierra Forest Legacy v. Rey, No. 07-16892 (9th Cir.
Oct. 23, 2007) and the Quincy Library Group to
determine whether modifications to the Pilot Project
are appropriate for the remainder of the Pilot
Project.''; and
(3) By adding at the end the following:
``(m) Sections 104-106 of Public Law 108-148 shall apply to
projects authorized by this Act.''.
Sec. 435. In addition to the amounts otherwise provided to
the Environmental Protection Agency in this Act, $8,000,000, to
remain available until expended, is provided to EPA to be
transferred to the Department of the Navy for clean-up
activities at the Treasure Island Naval Station--Hunters Point
Annex.
Sec. 436. In addition to amounts provided to the
Environmental Protection Agency in this Act, the Oklahoma
Department of Environmental Quality is provided the amount of
$3,000,000 for a grant to the Oklahoma Department of
Environmental Quality for ongoing relocation assistance as
administered by the Lead Impacted Communities Relocation
Assistance Trust and as conducted consistent with the use of
prior unexpended funding for relocation assistance, including
buy outs of properties, in accordance with section 2301 of
Public Law 109-234 (120 Stat. 455-466).
Sec. 437. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 1.56 percent of the budget
authority provided for fiscal year 2008 for any discretionary
appropriation in titles I through IV of this Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
(c) Indian Land and Water Claim Settlements.--Under the
heading ``Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians'', the
across-the-board rescission in this section, and any subsequent
across-the-board rescission for fiscal year 2008, shall apply
only to the first dollar amount in the paragraph and the
distribution of the rescission shall be at the discretion of
the Secretary of the Interior who shall submit a report on such
distribution and the rationale therefor to the House and Senate
Committees on Appropriations.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
report specifying the account and amount of each rescission
made pursuant to this section.
TITLE V
WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$78,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such funds
shall only become available if funds previously provided for
wildland fire suppression will be exhausted imminently and the
Secretary of the Interior notifies the House and Senate
Committees on Appropriations in writing of the need for these
additional funds: Provided further, That such funds are also
available for repayment to other appropriations accounts from
which funds were transferred for wildfire suppression: Provided
further, That the amount provided by this paragraph is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
DEPARTMENT OF AGRICULTURE
Forest Service
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$222,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such funds
shall only become available if funds provided previously for
wildland fire suppression will be exhausted imminently and the
Secretary of Agriculture notifies the House and Senate
Committees on Appropriations in writing of the need for these
additional funds: Provided further, That such funds are also
available for repayment to other appropriation accounts from
which funds were transferred for wildfire suppression: Provided
further, That the amount provided by this paragraph is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2008''.
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSIONS)
For necessary expenses of the Workforce Investment Act of
1998 (``WIA''), the Denali Commission Act of 1998, and the
Women in Apprenticeship and Non-Traditional Occupations Act of
1992, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings
and other facilities, and the purchase of real property for
training centers as authorized by the WIA; $3,608,349,000, plus
reimbursements, is available. Of the amounts provided:
(1) for grants to States for adult employment and
training activities, youth activities, and dislocated
worker employment and training activities,
$2,994,510,000 as follows:
(A) $864,199,000 for adult employment and
training activities, of which $152,199,000
shall be available for the period July 1, 2008
to June 30, 2009, and of which $712,000,000
shall be available for the period October 1,
2008 through June 30, 2009;
(B) $940,500,000 for youth activities, which
shall be available for the period April 1, 2008
through June 30, 2009; and
(C) $1,189,811,000 for dislocated worker
employment and training activities, of which
$341,811,000 shall be available for the period
July 1, 2008 through June 30, 2009, and of
which $848,000,000 shall be available for the
period October 1, 2008 through June 30, 2009:
Provided, That notwithstanding the transfer limitation
under section 133(b)(4) of the WIA, up to 30 percent of
such funds may be transferred by a local board if
approved by the Governor;
(2) for federally administered programs, $477,873,000
as follows:
(A) $282,092,000 for the dislocated workers
assistance national reserve, of which
$6,300,000 shall be available on October 1,
2007, of which $63,792,000 shall be available
for the period July 1, 2008 through June 30,
2009, and of which $212,000,000 shall be
available for the period October 1, 2008
through June 30, 2009: Provided, That up to
$125,000,000 may be made available for
Community-Based Job Training grants from funds
reserved under section 132(a)(2)(A) of the WIA
and shall be used to carry out such grants
under section 171(d) of such Act, except that
the 10 percent limitation otherwise applicable
to the amount of funds that may be used to
carry out section 171(d) shall not be
applicable to funds used for Community-Based
Job Training grants: Provided further, That
funds provided to carry out section
132(a)(2)(A) of the WIA may be used to provide
assistance to a State for State-wide or local
use in order to address cases where there have
been worker dislocations across multiple
sectors or across multiple local areas and such
workers remain dislocated; coordinate the State
workforce development plan with emerging
economic development needs; and train such
eligible dislocated workers: Provided further,
That funds provided to carry out section 171(d)
of the WIA may be used for demonstration
projects that provide assistance to new
entrants in the workforce and incumbent
workers: Provided further, That $2,600,000
shall be for a noncompetitive grant to the
National Center on Education and the Economy,
which shall be awarded not later than 30 days
after the date of enactment of this Act:
Provided further, That $1,500,000 shall be for
a non-competitive grant to the AFL-CIO Working
for America Institute, which shall be awarded
not later than 30 days after the date of
enactment of this Act: Provided further, That
$2,200,000 shall be for a non-competitive grant
to the AFL-CIO Appalachian Council,
Incorporated, for Job Corps career transition
services, which shall be awarded not later than
30 days after the date of enactment of this
Act;
(B) $53,696,000 for Native American programs,
which shall be available for the period July 1,
2008 through June 30, 2009;
(C) $81,085,000 for migrant and seasonal
farmworker programs under section 167 of the
WIA, including $75,610,000 for formula grants
(of which not less that 70 percent shall be for
employment and training services), $4,975,000
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent
housing), and $500,000 for other discretionary
purposes, which shall be available for the
period July 1, 2008 through June 30, 2009:
Provided, That, notwithstanding any other
provision of law or related regulation, the
Department shall take no action limiting the
number or proportion of eligible participants
receiving related assistance services or
discouraging grantees from providing such
services;
(D) $1,000,000 for carrying out the Women in
Apprenticeship and Nontraditional Occupations
Act, which shall be available for the period
July 1, 2008 through June 30, 2009; and
(E) $60,000,000 for YouthBuild activities as
described in section 173A of the WIA, which
shall be available for the period April 1, 2008
through June 30, 2009;
(3) for national activities, $135,966,000, which
shall be available for the period July 1, 2008 through
July 30, 2009 as follows:
(A) $49,370,000 for Pilots, Demonstrations,
and Research, of which $5,000,000 shall be for
grants to address the employment and training
needs of young parents (notwithstanding the
requirements of sections 171(b)(2)(B) or
171(c)(4)(D) of the WIA): Provided, That
funding provided to carry out projects under
section 171 of the WIA that are identified in
the explanatory statement described in section
4 (in the matter preceding division A of this
consolidated Act), shall not be subject to the
requirements of section 171(b)(2)(B) and
171(c)(4)(D) of the WIA, the joint funding
requirements of sections 171(b)(2)(A) and
171(c)(4)(A) of the WIA, or any time limit
requirements of sections 171(b)(2)(C) and
171(c)(4)(B) of the WIA;
(B) $74,800,000 for ex-offender activities,
under the authority of section 171 of the Act,
notwithstanding the requirements of sections
171(b)(2)(B) or 171(c)(4)(D), of which not less
than $55,000,000 shall be for youthful offender
activities: Provided, That $50,000,000 shall be
available from program year 2007 and program
year 2008 funds for competitive grants to local
educational agencies or community-based
organizations to develop and implement
mentoring strategies that integrate educational
and employment interventions designed to
prevent youth violence in schools identified as
persistently dangerous under section 9532 of
the Elementary and Secondary Education Act;
(C) $4,921,000 for Evaluation under section
172 of the WIA; and
(D) $6,875,000 for the Denali Commission,
which shall be available for the period July 1,
2008 through June 30, 2009.
Of the amounts made available under this heading in Public
Law 107-116 to carry out the activities of the National Skills
Standards Board, $44,000 are rescinded.
Of the unexpended balances remaining from funds appropriated
to the Department of Labor under this heading for fiscal years
2005 and 2006 to carry out the Youth, Adult and Dislocated
Worker formula programs under the Workforce Investment Act,
$250,000,000 are rescinded: Provided, That the Secretary of
Labor may, upon the request of a State, apply any portion of
the State's share of this rescission to funds otherwise
available to the State for such programs during program year
2007: Provided further, That notwithstanding any provision of
such Act, the Secretary may waive such requirements as may be
necessary to carry out the instructions relating to this
rescission in House Report 110-424.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965,
$530,900,000, which shall be available for the period July 1,
2008 through June 30, 2009.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during fiscal year 2008 of trade adjustment
benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, allowances for job search and
relocation, and related State administrative expenses under
Part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, $888,700,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for
payments for any period subsequent to September 15, 2008.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For authorized administrative expenses, $90,517,000, together
with not to exceed $3,233,436,000 which may be expended from
the Employment Security Administration Account in the
Unemployment Trust Fund (``the Trust Fund''), of which:
(1) $2,497,770,000 from the Trust Fund is for grants
to States for the administration of State unemployment
insurance laws as authorized under title III of the
Social Security Act, the administration of unemployment
insurance for Federal employees and for ex-service
members as authorized under sections 8501-8523 of title
5, United States Code, and the administration of trade
readjustment allowances and alternative trade
adjustment assistance under the Trade Act of 1974, and
shall be available for obligation by the States through
December 31, 2008, except that funds used for
automation acquisitions shall be available for
obligation by the States through September 30, 2010,
and funds used for unemployment insurance workloads
experienced by the States through September 30, 2008
shall be available for Federal obligation through
December 31, 2008;
(2) $9,900,000 from the Trust Fund is for national
activities necessary to support the administration of
the Federal-State unemployment insurance system;
(3) $693,000,000 from the Trust Fund, together with
$22,883,000 from the General Fund of the Treasury, is
for grants to States in accordance with section 6 of
the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2008 through
June 30, 2009;
(4) $32,766,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, the
administration of activities, including foreign labor
certifications, under the Immigration and Nationality
Act, and the provision of technical assistance and
staff training under the Wagner-Peyser Act, including
not to exceed $1,228,000 that may be used for
amortization payments to States which had independent
retirement plans in their State employment service
agencies prior to 1980;
(5) $52,985,000 from the General Fund is to provide
workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act
and shall be available for Federal obligation for the
period July 1, 2008 through June 30, 2009; and
(6) $14,649,000 from the General Fund is to provide
for work incentive grants to the States and shall be
available for the period July 1, 2008 through June 30,
2009:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2008 is projected by
the Department of Labor to exceed 2,786,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist
other States in carrying out activities under such title III if
the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary of Labor may use funds appropriated for
grants to States under title III of the Social Security Act to
make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or
which are used to support the national activities of the
Federal-State unemployment insurance or immigration programs,
may be obligated in contracts, grants, or agreements with non-
State entities: Provided further, That funds appropriated under
this Act for activities authorized under title III of the
Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and Employment
Service automation efforts, notwithstanding cost allocation
principles prescribed under the Office of Management and Budget
Circular A-87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as authorized
by section 9501(c)(1) of the Internal Revenue Code of 1954; and
for nonrepayable advances to the Unemployment Trust Fund as
authorized by section 8509 of title 5, United States Code, and
to the ``Federal unemployment benefits and allowances''
account, to remain available until September 30, 2009,
$437,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after
September 15, 2008, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums as
may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and training
programs, $88,451,000, together with not to exceed $86,936,000,
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $141,790,000.
Pension Benefit Guaranty Corporation
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 4201 et seq.), within
limits of funds and borrowing authority available to such
Corporation, and in accord with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act (31 U.S.C. 9104), as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2008, for such Corporation: Provided, That none
of the funds available to the Corporation for fiscal year 2008
shall be available for obligations for administrative expenses
in excess of $411,151,000: Provided further, That to the extent
that the number of new plan participants in plans terminated by
the Corporation exceeds 100,000 in fiscal year 2008, an amount
not to exceed an additional $9,200,000 shall be available for
obligation for administrative expenses for every 20,000
additional terminated participants: Provided further, That an
additional $50,000 shall be made available for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan
terminations, after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate.
Employment Standards Administration
SALARIES AND EXPENSES
(INCLUDING RESCISSION)
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services
rendered, $426,351,000, together with $2,058,000 which may be
expended from the Special Fund in accordance with sections
39(c), 44(d), and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and
14 of the Fair Labor Standards Act of 1938 and for processing
applications and issuing registrations under title I of the
Migrant and Seasonal Agricultural Worker Protection Act.
Of the unobligated funds collected pursuant to section 286(v)
of the Immigration and Nationality Act, $102,000,000 are
rescinded.
special benefits
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by chapter 81 of title 5,
United States Code; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; sections 4(c)
and 5(f) of the War Claims Act of 1948; and 50 percent of the
additional compensation and benefits required by section 10(h)
of the Longshore and Harbor Workers' Compensation Act,
$203,000,000, together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment
of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts
appropriated may be used under section 8104 of title 5, United
States Code, by the Secretary of Labor to reimburse an
employer, who is not the employer at the time of injury, for
portions of the salary of a reemployed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated
on September 30, 2007, shall remain available until expended
for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any
other corporation or instrumentality required under section
8147(c) of title 5, United States Code, to pay an amount for
its fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for
employees of such fair share entities through September 30,
2008: Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act,
$52,280,000 shall be made available to the Secretary as
follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems,
$21,855,000.
(2) For automated workload processing operations,
including document imaging, centralized mail intake and
medical bill processing, $16,109,000.
(3) For periodic roll management and medical review,
$14,316,000.
(4) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
chapter 81 of title 5, United States Code, or the Longshore and
Harbor Workers' Compensation Act, provide as part of such
notice and claim, such identifying information (including
Social Security account number) as such regulations may
prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$208,221,000, to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs
incurred in the current fiscal year, such amounts as may be
necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2009, $62,000,000, to remain available
until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $104,745,000, to
remain available until expended: Provided, That the Secretary
of Labor is authorized to transfer to any executive agency with
authority under the Energy Employees Occupational Illness
Compensation Program Act, including within the Department of
Labor, such sums as may be necessary in fiscal year 2008 to
carry out those authorities: Provided further, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim, such
identifying information (including Social Security account
number) as may be prescribed: Provided further, That not later
than 30 days after enactment of this Act, in addition to other
sums transferred by the Secretary to the National Institute for
Occupational Safety and Health (``NIOSH'') for the
administration of the Energy Employees Occupational Illness
Compensation Program (``EEOICP''), the Secretary shall transfer
$4,500,000 to NIOSH from the funds appropriated to the Energy
Employees Occupational Illness Compensation Fund, for use by or
in support of the Advisory Board on Radiation and Worker Health
(``the Board'') to carry out its statutory responsibilities
under the EEOICP, including obtaining audits, technical
assistance and other support from the Board's audit contractor
with regard to radiation dose estimation and reconstruction
efforts, site profiles, procedures, and review of Special
Exposure Cohort petitions and evaluation reports.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
In fiscal year 2008 and thereafter, such sums as may be
necessary from the Black Lung Disability Trust Fund, to remain
available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954; and interest on advances, as
authorized by section 9501(c)(2) of that Act. In addition, the
following amounts shall be available from the Fund for fiscal
year 2008 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section
9501(d)(5): not to exceed $32,761,000 for transfer to the
Employment Standards Administration ``Salaries and Expenses'';
not to exceed $24,785,000 for transfer to Departmental
Management, ``Salaries and Expenses''; not to exceed $335,000
for transfer to Departmental Management, ``Office of Inspector
General''; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of
the Treasury.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $494,641,000, including not to exceed
$91,093,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary of Labor under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $750,000 per
fiscal year of training institute course tuition fees,
otherwise authorized by law to be collected, and may utilize
such sums for occupational safety and health training and
education grants: Provided, That, notwithstanding 31 U.S.C.
3302, the Secretary is authorized, during the fiscal year
ending September 30, 2008, to collect and retain fees for
services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and
international laboratory recognition programs that ensure the
safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART)
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against
employees for exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,116,000 shall be
available for Susan Harwood training grants, of which
$3,200,000 shall be used for the Institutional Competency
Building training grants which commenced in September 2000, for
program activities for the period of October 1, 2007 to
September 30, 2008, provided that a grantee has demonstrated
satisfactory performance: Provided further, That such grants
shall be awarded not later than 30 days after the date of
enactment of this Act: Provided further, That the Secretary
shall provide a report to the Committees on Appropriations of
the House of Representatives and the Senate with timetables for
the development and issuance of occupational safety and health
standards on beryllium, silica, cranes and derricks, confined
space entry in construction, and hazard communication global
harmonization; such timetables shall include actual or
estimated dates for: the publication of an advance notice of
proposed rulemaking, the commencement and completion of a Small
Business Regulatory Enforcement Fairness Act review (if
required), the completion of any peer review (if required), the
submission of the draft proposed rule to the Office of
Management and Budget for review under Executive Order No.
12866 (if required), the publication of a proposed rule, the
conduct of public hearings, the submission of a draft final
rule to the Office and Management and Budget for review under
Executive Order No. 12866 (if required), and the issuance of a
final rule; and such report shall be submitted to the
Committees on Appropriations of the House of Representatives
and the Senate within 90 days of the enactment of this Act,
with updates provided every 90 days thereafter that shall
include an explanation of the reasons for any delays in meeting
the projected timetables for action.
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $339,862,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities, $2,200,000 for an award to the United Mine Workers
of America, for classroom and simulated rescue training for
mine rescue teams, and $1,184,000 for an award to the Wheeling
Jesuit University, for the National Technology Transfer Center
for a coal slurry impoundment project; in addition, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health education
and training activities, notwithstanding 31 U.S.C. 3302; and,
in addition, the Mine Safety and Health Administration may
retain up to $1,000,000 from fees collected for the approval
and certification of equipment, materials, and explosives for
use in mines, and may utilize such sums for such activities;
the Secretary of Labor is authorized to accept lands,
buildings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation with
other agencies, Federal, State, or private; the Mine Safety and
Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety
associations; the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law,
may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
the national organization; and any funds available to the
Department may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in
the event of a major disaster.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$476,861,000, together with not to exceed $77,067,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $5,000,000 may
be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act: Provided, That the Current
Employment Survey shall maintain the content of the survey
issued prior to June 2005 with respect to the collection of
data for the women worker series.
Office of Disability Employment Policy
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $27,712,000.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, including
the hire of three sedans, and including the management or
operation, through contracts, grants or other arrangements of
Departmental activities conducted by or through the Bureau of
International Labor Affairs, including bilateral and
multilateral technical assistance and other international labor
activities, $296,756,000, of which $82,516,000 is for the
Bureau of International Labor Affairs (including $5,000,000 to
implement model programs to address worker rights issues
through technical assistance in countries with which the United
States has trade preference programs), and of which $20,000,000
is for the acquisition of Departmental information technology,
architecture, infrastructure, equipment, software and related
needs, which will be allocated by the Department's Chief
Information Officer in accordance with the Department's capital
investment management process to assure a sound investment
strategy; together with not to exceed $308,000, which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund.
OFFICE OF JOB CORPS
To carry out subtitle C of title I of the Workforce
Investment Act of 1998, including Federal administrative
expenses, the purchase and hire of passenger motor vehicles,
the construction, alteration and repairs of buildings and other
facilities, and the purchase of real property for training
centers as authorized by the Workforce Investment Act;
$1,626,855,000, plus reimbursements, as follows:
(1) $1,485,357,000 for Job Corps Operations, of which
$894,357,000 is available for obligation for the period
July 1, 2008 through June 30, 2009 and of which
$591,000,000 is available for obligation for the period
October 1, 2008 through June 30, 2009;
(2) $112,920,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $12,920,000
is available for the period July 1, 2008 through June
30, 2011 and $100,000,000 is available for the period
October 1, 2008 through June 30, 2011; and
(3) $28,578,000 for necessary expenses of the Office
of Job Corps is available for obligation for the period
October 1, 2007 through September 30, 2008:
Provided, That the Office of Job Corps shall have contracting
authority: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or for
Job Corps centers: Provided further, That none of the funds
made available in this Act shall be used to reduce Job Corps
total student training slots below the current level of 44,491
in program year 2008.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $200,631,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund
to carry out the provisions of sections 4100-4113, 4211-4215,
and 4321-4327 of title 38, United States Code, and Public Law
103-353, and which shall be available for obligation by the
States through December 31, 2008, of which $1,984,000 is for
the National Veterans' Employment and Training Services
Institute. To carry out the Homeless Veterans Reintegration
Programs under section 5(a)(1) of the Homeless Veterans
Comprehensive Assistance Act of 2001 and the Veterans Workforce
Investment Programs under section 168 of the Workforce
Investment Act, $31,522,000, of which $7,482,000 shall be
available for obligation for the period July 1, 2008, through
June 30, 2009.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $70,072,000, together with not to exceed $5,641,000,
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated in this Act for the
Job Corps shall be used to pay the salary of an individual,
either as direct costs or any proration as an indirect cost, at
a rate in excess of Executive Level I.
(TRANSFER OF FUNDS)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred
between a program, project, or activity, but no such program,
project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority
granted by this section shall be available only to meet
emergency needs and shall not be used to create any new program
or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or
services rendered, whole or in part, by forced or indentured
child labor in industries and host countries already identified
by the United States Department of Labor prior to enactment of
this Act.
Sec. 104. After September 30, 2007, the Secretary of Labor
shall issue a monthly transit subsidy of not less than the full
amount (of not less than $110) that each of its employees of
the National Capital Region is eligible to receive.
Sec. 105. None of the funds appropriated in this title for
grants under section 171 of the Workforce Investment Act of
1998 may be obligated prior to the preparation and submission
of a report by the Secretary of Labor to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds.
Sec. 106. There is authorized to be appropriated such sums as
may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be constructed.
Sec. 107. None of the funds made available to the Department
of Labor for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 may be
used for any purpose other than training in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training: Provided, That the preceding limitation
shall not apply to multi-year grants awarded prior to June 30,
2007.
Sec. 108. None of the funds available in this Act or
available to the Secretary of Labor from other sources for
Community-Based Job Training grants and grants authorized under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 shall be obligated for a grant awarded
on a non-competitive basis.
Sec. 109. The Secretary of Labor shall take no action to
amend, through regulatory or administration action, the
definition established in 20 CFR 667.220 for functions and
activities under title I of the Workforce Investment Act of
1998, or to modify, through regulatory or administrative
action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in
section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the
preceding sentence shall permit or require the Secretary of
Labor to withdraw approval for such redesignation from a State
that received the approval not later than October 12, 2005, or
to revise action taken or modify the redesignation procedure
being used by the Secretary in order to complete such
redesignation for a State that initiated the process of such
redesignation by submitting any request for such redesignation
not later than October 26, 2005.
Sec. 110. None of the funds made available in this or any
other Act shall be available to finalize or implement any
proposed regulation under the Workforce Investment Act of 1998,
Wagner-Peyser Act of 1933, or the Trade Adjustment Assistance
Reform Act of 2002 until such time as legislation reauthorizing
the Workforce Investment Act of 1998 and the Trade Adjustment
Assistance Reform Act of 2002 is enacted.
Sec. 111. None of the funds available in this Act may be used
to carry out a public-private competition or direct conversion
under Office of Management and Budget Circular A-76 or any
successor administrative regulation, directive or policy until
60 days after the Government Accountability Office provides a
report to the Committees on Appropriations of the House of
Representatives and the Senate on the use of competitive
sourcing at the Department of Labor.
Sec. 112. (a) Not later than June 20, 2008, the Secretary of
Labor shall propose regulations pursuant to section 303(y) of
the Federal Mine Safety and Health Act of 1977, consistent with
the recommendations of the Technical Study Panel established
pursuant to section 11 of the Mine Improvement and New
Emergency Response (MINER) Act (Public Law 109-236), to require
that in any coal mine, regardless of the date on which it was
opened, belt haulage entries not be used to ventilate active
working places without prior approval from the Assistant
Secretary. Further, a mine ventilation plan incorporating the
use of air coursed through belt haulage entries to ventilate
active working places shall not be approved until the Assistant
Secretary has reviewed the elements of the plan related to the
use of belt air and determined that the plan at all times
affords at least the same measure of protection where belt
haulage entries are not used to ventilate working places. The
Secretary shall finalize the regulations not later than
December 31, 2008.
(b) Not later than June 15, 2008, the Secretary of Labor
shall propose regulations pursuant to section 315 of the
Federal Coal Mine Health and Safety Act of 1969, consistent
with the recommendations of the National Institute for
Occupational Safety and Health pursuant to section 13 of the
MINER Act (Public Law 109-236), requiring rescue chambers, or
facilities that afford at least the same measure of protection,
in underground coal mines. The Secretary shall finalize the
regulations not later than December 31, 2008.
Sec. 113. None of the funds appropriated in this Act under
the heading ``Employment and Training Administration'' shall be
used by a recipient or subrecipient of such funds to pay the
salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of Executive Level II. This
limitation shall not apply to vendors providing goods and
services as defined in OMB Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government
employees, and the size of the organizations that administer
Federal programs involved including Employment and Training
Administration programs.
Sec. 114. (a) In this section:
(1) The term ``covered funds'' means funds provided
under section 173 of the Workforce Investment Act of
1998 (29 U.S.C. 2918) to a State that submits an
application under that section not earlier than May 4,
2007, for a national emergency grant to address the
effects of the May 4, 2007, Greensburg, Kansas tornado.
(2) The term ``professional municipal services''
means services that are necessary to facilitate the
recovery of Greensburg, Kansas from that tornado, and
necessary to plan for or provide basic management and
administrative services, which may include--
(A) the overall coordination of disaster
recovery and humanitarian efforts, oversight,
and enforcement of building code compliance,
and coordination of health and safety response
units; or
(B) the delivery of humanitarian assistance
to individuals affected by that tornado.
(b) Covered funds may be used to provide temporary public
sector employment and services authorized under section 173 of
such Act to individuals affected by such tornado, including
individuals who were unemployed on the date of the tornado, or
who are without employment history, in addition to individuals
who are eligible for disaster relief employment under section
173(d)(2) of such Act.
(c) Covered funds may be used to provide professional
municipal services for a period of not more than 24 months, by
hiring or contracting with individuals or organizations
(including individuals employed by contractors) that the State
involved determines are necessary to provide professional
municipal services.
(d) Covered funds expended under this section may be spent on
costs incurred not earlier than May 4, 2007.
This title may be cited as the ``Department of Labor
Appropriations Act, 2008''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII, XIX,
and XXVI of the Public Health Service Act, section 427(a) of
the Federal Coal Mine Health and Safety Act, title V and
sections 1128E, and 711, and 1820 of the Social Security Act,
the Health Care Quality Improvement Act of 1986, the Native
Hawaiian Health Care Act of 1988, the Cardiac Arrest Survival
Act of 2000, and section 712 of the American Jobs Creation Act
of 2004, $6,978,099,000, of which $309,889,000 shall be
available for construction and renovation (including equipment)
of health care and other facilities and other health-related
activities specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), and of which $38,538,000 from general
revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare
rural hospital flexibility grants program under such section:
Provided, That of the funds made available under this heading,
$160,000 shall be available until expended for facilities
renovations at the Gillis W. Long Hansen's Disease Center:
Provided further, That $40,000,000 of the funding provided for
community health centers shall be for base grant adjustments
for existing health centers: Provided further, That in addition
to fees authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full
disclosure of information under the Act sufficient to recover
the full costs of operating the National Practitioner Data
Bank, and shall remain available until expended to carry out
that Act: Provided further, That fees collected for the full
disclosure of information under the ``Health Care Fraud and
Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient to
recover the full costs of operating the program, and shall
remain available until expended to carry out that Act: Provided
further, That no more than $40,000 is available until expended
for carrying out the provisions of 42 U.S.C. 233(o) including
associated administrative expenses and relevant evaluations:
Provided further, That no more than $44,055,000 is available
until expended for carrying out the provisions of Public Law
104-73 and for expenses incurred by the Department of Health
and Human Services pertaining to administrative claims made
under such law: Provided further, That of the funds made
available under this heading, $305,315,000 shall be for the
program under title X of the Public Health Service Act to
provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office: Provided further, That of the
funds available under this heading, $1,854,800,000 shall remain
available to the Secretary of Health and Human Services through
September 30, 2010, for parts A and B of title XXVI of the
Public Health Service Act: Provided further, That within the
amounts provided for part A of title XXVI of the Public Health
Service Act, funds shall be made available to qualifying
jurisdictions, within 45 days of enactment, for increasing
supplemental grants for fiscal year 2008 to metropolitan areas
that received grant funding in fiscal year 2007 under subparts
I and II of part A of title XXVI of the Public Health Service
Act to ensure that an area's total funding under part A for
fiscal year 2007, together with the amount of this additional
funding, is not less than 86.6 percent of the amount of such
area's total funding under part A for fiscal year 2006:
Provided further, That, notwithstanding section 2603(c)(1) of
the Public Health Service Act, the additional funding to areas
under the immediately preceding proviso, which may be used for
costs incurred during fiscal year 2007, shall be available to
the area for obligation from the date of the award through the
end of the grant year for the award: Provided further, That
$808,500,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act:
Provided further, That in addition to amounts provided herein,
$25,000,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out Parts
A, B, C, and D of title XXVI of the Public Health Service Act
to fund section 2691 Special Projects of National Significance:
Provided further, That, notwithstanding section 502(a)(1) and
502(b)(1) of the Social Security Act, not to exceed
$100,937,000 is available for carrying out special projects of
regional and national significance pursuant to section
501(a)(2) of such Act and $10,586,000 is available for projects
described in paragraphs (A) through (F) of section 501(a)(3) of
such Act: Provided further, That of the funds provided,
$39,283,000 shall be provided to the Denali Commission as a
direct lump payment pursuant to Public Law 106-113: Provided
further, That of the funds provided, $25,000,000 shall be
provided for the Delta Health Initiative as authorized in
section 219 of this Act and associated administrative expenses:
Provided further, That notwithstanding section 747(e)(2) of the
PHS Act, not less than $5,000,000 shall be for general
dentistry programs, not less than $5,000,000 shall be for
pediatric dentistry programs and not less than $24,614,000
shall be for family medicine programs: Provided further, That
of the funds available under this heading, $9,000,000 shall be
provided for the National Cord Blood Inventory pursuant to the
Stem Cell Therapeutic and Research Act of 2005.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health
Service Act. For administrative expenses to carry out the
guaranteed loan program, including section 709 of the Public
Health Service Act, $2,898,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the Public Health Service Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $5,500,000 shall be
available from the Trust Fund to the Secretary of Health and
Human Services.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and
XXVI of the Public Health Service Act, sections 101, 102, 103,
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and
Health Act of 1977, section 13 of the Mine Improvement and New
Emergency Response Act of 2006, sections 20, 21, and 22 of the
Occupational Safety and Health Act of 1970, title IV of the
Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, and for expenses necessary to
support activities related to countering potential biological,
disease, nuclear, radiological, and chemical threats to
civilian populations; including purchase and insurance of
official motor vehicles in foreign countries; and purchase,
hire, maintenance, and operation of aircraft, $6,156,541,000,
of which $56,000,000 shall remain available until expended for
equipment, construction and renovation of facilities; of which
$568,803,000 shall remain available until expended for the
Strategic National Stockpile; of which $27,215,000 shall be
available for public health improvement activities specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); of which
$121,541,000 for international HIV/AIDS shall remain available
until September 30, 2009; and of which $109,000,000 shall be
available until expended to provide screening and treatment for
first response emergency services personnel, residents,
students, and others related to the September 11, 2001
terrorist attacks on the World Trade Center: Provided, That of
this amount, $56,500,000 is designated as described in section
5 (in the matter preceding division A of this consolidated
Act). In addition, such sums as may be derived from authorized
user fees, which shall be credited to this account: Provided,
That in addition to amounts provided herein, the following
amounts shall be available from amounts available under section
241 of the Public Health Service Act: (1) $12,794,000 to carry
out the National Immunization Surveys; (2) $113,636,000 to
carry out the National Center for Health Statistics surveys;
(3) $24,751,000 to carry out information systems standards
development and architecture and applications-based research
used at local public health levels; (4) $48,523,000 for Health
Marketing; (5) $31,000,000 to carry out Public Health Research;
and (6) $94,969,000 to carry out research activities within the
National Occupational Research Agenda: Provided further, That
none of the funds made available for injury prevention and
control at the Centers for Disease Control and Prevention may
be used, in whole or in part, to advocate or promote gun
control: Provided further, That up to $31,800,000 shall be made
available until expended for Individual Learning Accounts for
full-time equivalent employees of the Centers for Disease
Control and Prevention: Provided further, That the Director may
redirect the total amount made available under authority of
Public Law 101-502, section 3, dated November 3, 1990, to
activities the Director may so designate: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are to be notified promptly of
any such transfer: Provided further, That not to exceed
$18,929,000 may be available for making grants under section
1509 of the Public Health Service Act to not less than 15
States, tribes, or tribal organizations: Provided further, That
notwithstanding any other provision of law, the Centers for
Disease Control and Prevention shall award a single contract or
related contracts for development and construction of the next
building or facility designated in the Buildings and Facilities
Master Plan that collectively include the full scope of the
project: Provided further, That the solicitation and contract
shall contain the clause ``availability of funds'' found at 48
CFR 52.232-18: Provided further, That of the funds
appropriated, $10,000 is for official reception and
representation expenses when specifically approved by the
Director of the Centers for Disease Control and Prevention:
Provided further, That employees of the Centers for Disease
Control and Prevention or the Public Health Service, both
civilian and Commissioned Officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the Public Health Service Act, or in overseas
assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or the
Department of Health and Human Services during the period of
detail or assignment: Provided further, That out of funds made
available under this heading for domestic HIV/AIDS testing, up
to $30,000,000 shall be for States eligible under section 2625
of the Public Health Service Act as of December 31, 2007 and
shall be distributed by May 31, 2008 based on standard criteria
relating to a State's epidemiological profile, and of which not
more than $1,000,000 may be made available to any one State,
and any amounts that have not been obligated by May 31, 2008
shall be used to make grants authorized by other provisions of
the Public Health Service Act to States and local public health
departments for HIV prevention activities.
National Institutes of Health
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,890,525,000, of
which up to $8,000,000 may be used for facilities repairs and
improvements at the NCI-Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,974,900,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$396,632,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,736,199,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,571,353,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,641,746,000: Provided, That $300,000,000 may be
made available to International Assistance Programs ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to remain
available until expended: Provided further, That such sums
obligated in fiscal years 2003 through 2007 for extramural
facilities construction projects are to remain available until
expended for disbursement, with prior notification of such
projects to the Committees on Appropriations of the House of
Representatives and the Senate.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,970,228,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,277,017,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $678,978,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $653,673,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,065,881,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $517,629,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $401,146,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$139,920,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $444,016,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $1,018,493,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,429,466,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$495,434,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $303,955,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,169,884,000.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $123,739,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $203,117,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title
IV of the Public Health Service Act), $67,741,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $326,669,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2008, the National
Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Institutes
of Health: Provided further, That in addition to amounts
provided herein, $8,200,000 shall be available from amounts
available under section 241 of the Public Health Service Act to
carry out the purposes of the National Information Center on
Health Services Research and Health Care Technology established
under section 478A of the Public Health Service Act and related
health services.
OFFICE OF THE DIRECTOR
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $1,128,819,000, of
which up to $25,000,000 shall be used to carry out section 215
of this Act: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for
replacement only: Provided further, That the National
Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred in
National Institutes of Health research facilities and that such
payments shall be credited to the National Institutes of Health
Management Fund: Provided further, That all funds credited to
such Fund shall remain available for one fiscal year after the
fiscal year in which they are deposited: Provided further, That
$112,872,000 shall be available for continuation of the
National Children's Study: Provided further, That $504,420,000
shall be available for the Common Fund established under
section 402A(c)(1) of the Public Health Service Act: Provided
further, That of the funds provided $10,000 shall be for
official reception and representation expenses when
specifically approved by the Director of the National
Institutes of Health: Provided further, That the Office of AIDS
Research within the Office of the Director of the National
Institutes of Health may spend up to $4,000,000 to make grants
for construction or renovation of facilities as provided for in
section 2354(a)(5)(B) of the Public Health Service Act.
BUILDINGS AND FACILITIES
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $121,081,000, to remain available until
expended.
Substance Abuse and Mental Health Services Administration
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health
Service Act (``PHS Act'') with respect to substance abuse and
mental health services, the Protection and Advocacy for
Individuals with Mental Illness Act, and section 301 of the PHS
Act with respect to program management, $3,291,543,000, of
which $19,120,000 shall be available for the projects and in
the amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That notwithstanding section
520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A are available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts
provided herein, the following amounts shall be available under
section 241 of the PHS Act: (1) $79,200,000 to carry out
subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; (2) $21,413,000 to carry out
subpart I of part B of title XIX of the PHS Act to fund section
1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available
under this Act for section 1920(b) activities shall not exceed
5 percent of the amounts appropriated for subpart I of part B
of title XIX; (3) $17,750,000 to carry out national surveys on
drug abuse; and (4) $4,300,000 to evaluate substance abuse
treatment programs: Provided further, That section 520E(b)(2)
of the Public Health Service Act shall not apply to funds
appropriated under this Act for fiscal year 2008.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security Act,
amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made
available pursuant to section 937(c) of the Public Health
Service Act shall not exceed $334,564,000.
Centers for Medicare and Medicaid Services
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $141,628,056,000, to remain
available until expended.
For making, after May 31, 2008, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 2008 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2009, $67,292,669,000, to
remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under
section 1844 and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d) of Public Law 97-248, and for administrative
expenses incurred pursuant to section 201(g) of the Social
Security Act, $188,445,000,000.
In addition, for making matching payments under section 1844,
and benefit payments under section 1860D-16 of the Social
Security Act, not anticipated in budget estimates, such sums as
may be necessary.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$3,207,690,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust
Funds, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and Health
Care Act of 2006; and such sums as may be collected from
authorized user fees and the sale of data, which shall remain
available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the Public Health Service Act shall be
credited to and available for carrying out the purposes of this
appropriation: Provided further, That $45,000,000, to remain
available until September 30, 2009, is for contract costs for
the Healthcare Integrated General Ledger Accounting System:
Provided further, That $193,000,000, to remain available until
September 30, 2009, is for CMS Medicare contracting reform
activities: Provided further, That funds appropriated under
this heading are available for the Healthy Start, Grow Smart
program under which the Centers for Medicare and Medicaid
Services may, directly or through grants, contracts, or
cooperative agreements, produce and distribute informational
materials including, but not limited to, pamphlets and
brochures on infant and toddler health care to expectant
parents enrolled in the Medicaid program and to parents and
guardians enrolled in such program with infants and children:
Provided further, That the Secretary of Health and Human
Services is directed to collect fees in fiscal year 2008 from
Medicare Advantage organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations with
risk-sharing contracts under section 1876 of that Act pursuant
to section 1876(k)(4)(D) of that Act: Provided further, That
$5,007,000 shall be available for the projects and in the
amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Administration for Children and Families
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT
PROGRAMS
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. chapter 9),
$2,949,713,000, to remain available until expended; and for
such purposes for the first quarter of fiscal year 2009,
$1,000,000,000, to remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title
IV-A of the Social Security Act before the effective date of
the program of Temporary Assistance for Needy Families (TANF)
with respect to such State, such sums as may be necessary:
Provided, That the sum of the amounts available to a State with
respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as
amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV-D,
X, XI, XIV, and XVI of the Social Security Act and the Act of
July 5, 1960 (24 U.S.C. chapter 9), for the last 3 months of
the current fiscal year for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under section 2604(a)-(d) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)-
(d)), $2,015,206,000.
For making payments under section 2604(e) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
$596,379,000, notwithstanding the designation requirement of
section 2602(e) of such Act: Provided, That of the amount
provided by this paragraph, $250,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
REFUGEE AND ENTRANT ASSISTANCE
For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and placement
of unaccompanied alien children authorized by title IV of the
Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980, for carrying out section 462
of the Homeland Security Act of 2002, and for carrying out the
Torture Victims Relief Act of 1998, $667,288,000, of which up
to $9,988,000 shall be available to carry out the Trafficking
Victims Protection Act of 2000: Provided, That funds
appropriated under this heading pursuant to section 414(a) of
the Immigration and Nationality Act and section 462 of the
Homeland Security Act of 2002 for fiscal year 2008 shall be
available for the costs of assistance provided and other
activities to remain available through September 30, 2010.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out the Child Care and Development Block Grant
Act of 1990, $2,098,746,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance
for low-income families: Provided, That $18,777,370 shall be
available for child care resource and referral and school-aged
child care activities, of which $982,080 shall be for the Child
Care Aware toll-free hotline: Provided further, That, in
addition to the amounts required to be reserved by the States
under section 658G, $267,785,718 shall be reserved by the
States for activities authorized under section 658G, of which
$98,208,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $9,821,000
shall be for use by the Secretary for child care research,
demonstration, and evaluation activities.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX of
such Act shall be 10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and 316
of the Family Violence Prevention and Services Act, the Native
American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), sections 330F and 330G of the Public
Health Service Act, the Abandoned Infants Assistance Act of
1988, sections 261 and 291 of the Help America Vote Act of
2002, part B(1) of title IV and sections 413, 1110, and 1115 of
the Social Security Act; for making payments under the
Community Services Block Grant Act, sections 439(i), 473B, and
477(i) of the Social Security Act, and the Assets for
Independence Act, and for necessary administrative expenses to
carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and
XX of the Social Security Act, the Act of July 5, 1960 (24
U.S.C. chapter 9), the Low-Income Home Energy Assistance Act of
1981, title IV of the Immigration and Nationality Act, section
501 of the Refugee Education Assistance Act of 1980, and
section 505 of the Family Support Act of 1988, $9,129,990,000,
of which $4,400,000, to remain available until September 30,
2009, shall be for grants to States for adoption incentive
payments, as authorized by section 473A of the Social Security
Act and may be made for adoptions completed before September
30, 2008: Provided, That $7,000,270,000 shall be for making
payments under the Head Start Act, of which $1,388,800,000
shall become available October 1, 2008, and remain available
through September 30, 2009: Provided further, That $705,451,000
shall be for making payments under the Community Services Block
Grant Act: Provided further, That not less than $8,000,000
shall be for section 680(3)(B) of the Community Services Block
Grant Act: Provided further, That in addition to amounts
provided herein, $6,000,000 shall be available from amounts
available under section 241 of the Public Health Service Act to
carry out the provisions of section 1110 of the Social Security
Act: Provided further, That to the extent Community Services
Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under the Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further, That
the Secretary of Health and Human Services shall establish
procedures regarding the disposition of intangible property
which permits grant funds, or intangible assets acquired with
funds authorized under section 680 of the Community Services
Block Grant Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant for purposes and uses consistent with the original grant:
Provided further, That funds appropriated for section 680(a)(2)
of the Community Services Block Grant Act shall be available
for financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $53,625,000 is
for a compassion capital fund to provide grants to charitable
organizations to emulate model social service programs and to
encourage research on the best practices of social service
organizations: Provided further, That $17,720,000 shall be for
activities authorized by the Help America Vote Act of 2002, of
which $12,370,000 shall be for payments to States to promote
access for voters with disabilities, and of which $5,350,000
shall be for payments to States for protection and advocacy
systems for voters with disabilities: Provided further, That
$110,836,000 shall be for making competitive grants to provide
abstinence education (as defined by section 510(b)(2) of the
Social Security Act) to adolescents, and for Federal costs of
administering the grant: Provided further, That grants under
the immediately preceding proviso shall be made only to public
and private entities which agree that, with respect to an
adolescent to whom the entities provide abstinence education
under such grant, the entities will not provide to that
adolescent any other education regarding sexual conduct, except
that, in the case of an entity expressly required by law to
provide health information or services the adolescent shall not
be precluded from seeking health information or services from
the entity in a different setting than the setting in which
abstinence education was provided: Provided further, That
within amounts provided herein for abstinence education for
adolescents, up to $10,000,000 may be available for a national
abstinence education campaign: Provided further, That in
addition to amounts provided herein for abstinence education
for adolescents, $4,500,000 shall be available from amounts
available under section 241 of the Public Health Service Act to
carry out evaluations (including longitudinal evaluations) of
adolescent pregnancy prevention approaches: Provided further,
That up to $2,000,000 shall be for improving the Public
Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness: Provided further, That $17,301,000 shall be
available for the projects and in the amounts specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437, $64,437,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $5,067,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Act, for the first quarter of fiscal
year 2009, $1,776,000,000.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under section 474 of
title IV-E, for the last 3 months of the current fiscal year
for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
Administration on Aging
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 and section 398 of the Public
Health Service Act, $1,438,567,000, of which $5,500,000 shall
be available for activities regarding medication management,
screening, and education to prevent incorrect medication and
adverse drug reactions: Provided, That $6,431,000 shall be
available for the projects and in the amounts specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for
carrying out titles III, XVII, XX, and XXI of the Public Health
Service Act, the United States-Mexico Border Health Commission
Act, and research studies under section 1110 of the Social
Security Act, $355,518,000, together with $5,792,000 to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Hospital Insurance Trust Fund
and the Supplemental Medical Insurance Trust Fund, and
$46,756,000 from the amounts available under section 241 of the
Public Health Service Act to carry out national health or human
services research and evaluation activities: Provided, That of
the funds made available under this heading for carrying out
title XX of the Public Health Service Act, $13,120,000 shall be
for activities specified under section 2003(b)(2), all of which
shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as
amended, without application of the limitation of section
2010(c) of said title XX: Provided further, That of this
amount, $51,891,000 shall be for minority AIDS prevention and
treatment activities; and $5,892,000 shall be to assist
Afghanistan in the development of maternal and child health
clinics, consistent with section 103(a)(4)(H) of the
Afghanistan Freedom Support Act of 2002; and $1,000,000 shall
be transferred, not later than 30 days after enactment of this
Act, to the National Institute of Mental Health to administer
the Interagency Autism Coordinating Committee: Provided
further, That specific information requests from the chairmen
and ranking members of the Subcommittees on Labor, Health and
Human Services, and Education, and Related Agencies, on
scientific research or any other matter, shall be transmitted
to the Committees on Appropriations in a prompt, professional
manner and within the time frame specified in the request:
Provided further, That scientific information, including such
information provided in congressional testimony, requested by
the Committees on Appropriations and prepared by government
researchers and scientists shall be transmitted to the
Committees on Appropriations, uncensored and without delay:
Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide, to individuals
adopting embryos, through grants and other mechanisms, medical
and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be
provided consistent with 42 CFR 59.5(a)(4): Provided further,
That $4,138,000 shall be available for the projects and in the
amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
OFFICE OF MEDICARE HEARINGS AND APPEALS
For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such Act),
$65,000,000, to be transferred in appropriate part from the
Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts and cooperative agreements for the
development and advancement of an interoperable national health
information technology infrastructure, $42,402,000: Provided,
That in addition to amounts provided herein, $18,900,000 shall
be available from amounts available under section 241 of the
Public Health Service Act to carry out health information
technology network development.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, $44,000,000: Provided, That of such
amount, necessary sums are available for providing protective
services to the Secretary and investigating non-payment of
child support cases for which non-payment is a Federal offense
under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$31,628,000, together with not to exceed $3,281,000 to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Hospital Insurance Trust Fund
and the Supplemental Medical Insurance Trust Fund.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, for medical care of dependents and
retired personnel under the Dependents' Medical Care Act (10
U.S.C. chapter 55), such amounts as may be required during the
current fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to
countering potential biological, disease, nuclear, radiological
and chemical threats to civilian populations, and for other
public health emergencies, $666,087,000, of which not to exceed
$21,804,000, to remain available until September 30, 2009, is
to pay the costs described in section 319F-2(c)(7)(B) of the
Public Health Service Act, and of which $103,921,000 shall be
used to support advanced research and development of medical
countermeasures, consistent with section 319L of the Public
Health Service Act.
For expenses necessary to prepare for and respond to an
influenza pandemic, $76,139,000.
General Provisions
Sec. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary of Health and Human Services.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 203. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a
rate in excess of Executive Level I.
Sec. 204. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or
for other taps and assessments made by any office located in
the Department of Health and Human Services, prior to the
preparation and submission of a report by the Secretary of
Health and Human Services to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary of Health and Human
Services shall determine, but not more than 2.4 percent, of any
amounts appropriated for programs authorized under such Act
shall be made available for the evaluation (directly, or by
grants or contracts) of the implementation and effectiveness of
such programs.
(TRANSFER OF FUNDS)
Sec. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Health and Human Services in this Act may
be transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
(TRANSFER OF FUNDS)
Sec. 208. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes and centers from the
total amounts identified by these two Directors as funding for
research pertaining to the human immunodeficiency virus:
Provided, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
(TRANSFER OF FUNDS)
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related
to the human immunodeficiency virus, as jointly determined by
the Director of the National Institutes of Health and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the
decision of minors to seek family planning services and that it
provides counseling to minors on how to resist attempts to
coerce minors into engaging in sexual activities.
Sec. 211. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service
Act shall be exempt from any State law requiring notification
or the reporting of child abuse, child molestation, sexual
abuse, rape, or incest.
Sec. 212. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary of
Health and Human Services denies participation in such program
to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it
will not provide, pay for, provide coverage of, or provide
referrals for abortions: Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such
entity's enrollees): Provided further, That nothing in this
section shall be construed to change the Medicare program's
coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all
Medicare covered services.
Sec. 213. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2008, that the State will commit additional State
funds, in accordance with subsection (b), to ensure compliance
with State laws prohibiting the sale of tobacco products to
individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human Services
under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2008 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2007, and
adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The State
is to submit a report to the Secretary on all fiscal year 2007
State expenditures and all fiscal year 2008 obligations for
tobacco prevention and compliance activities by program
activity by July 31, 2008.
(d) The Secretary shall exercise discretion in enforcing the
timing of the State obligation of the additional funds required
by the certification described in subsection (a) as late as
July 31, 2008.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 of
the Public Health Service Act from a territory that receives
less than $1,000,000.
Sec. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2008:
(1) The Secretary of Health and Human Services (in
this section referred to as the ``Secretary of HHS'')
may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2669(c)). The Secretary of HHS shall consult with the
Secretary of State and relevant Chief of Mission to
ensure that the authority provided in this section is
exercised in a manner consistent with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927) and
other applicable statutes administered by the
Department of State.
(2) The Secretary of HHS is authorized to provide
such funds by advance or reimbursement to the Secretary
of State as may be necessary to pay the costs of
acquisition, lease, alteration, renovation, and
management of facilities outside of the United States
for the use of the Department of Health and Human
Services. The Department of State shall cooperate fully
with the Secretary of HHS to ensure that the Department
of Health and Human Services has secure, safe,
functional facilities that comply with applicable
regulation governing location, setback, and other
facilities requirements and serve the purposes
established by this Act. The Secretary of HHS is
authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions
or agencies in participating foreign countries, funds
to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities,
including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental
diseases, and other health activities abroad.
Sec. 215. (a) Authority.--Notwithstanding any other provision
of law, the Director of the National Institutes of Health (in
this section referred to as the ``Director of NIH'') may use
funds available under section 402(b)(7) or 402(b)(12) of the
Public Health Service Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities
described in such section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director of the NIH may utilize such peer
review procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in lieu
of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
Public Health Service Act.
Sec. 216. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention (``CDC'') and the Agency for Toxic Substances and
Disease Registry (``ATSDR)'' may be transferred to ``Disease
Control, Research, and Training'', to be available only for
Individual Learning Accounts: Provided, That such funds may be
used for any individual full-time equivalent employee while
such employee is employed either by CDC or ATSDR.
Sec. 217. Notwithstanding any other provisions of law, funds
made available in this Act may be used to continue operating
the Council on Graduate Medical Education established by
section 301 of Public Law 102-408.
Sec. 218. The Director of the National Institutes of Health
shall require that all investigators funded by the NIH submit
or have submitted for them to the National Library of
Medicine's PubMed Central an electronic version of their final,
peer-reviewed manuscripts upon acceptance for publication, to
be made publicly available no later than 12 months after the
official date of publication: Provided, That the NIH shall
implement the public access policy in a manner consistent with
copyright law.
Sec. 219. (a) The Secretary of Health and Human Services is
authorized to award a grant to the Delta Health Alliance, a
nonprofit alliance of academic institutions in the Mississippi
Delta region that has as its primary purposes addressing
longstanding, unmet health needs and catalyzing economic
development in the Mississippi Delta.
(b) To be eligible to receive a grant under subsection (a),
the Delta Health Alliance shall solicit and fund proposals from
local governments, hospitals, health care clinics, academic
institutions, and rural public health-related entities and
organizations for research development, educational programs,
health care services, job training, and planning, construction,
and equipment of public health-related facilities in the
Mississippi Delta region.
(c) With respect to the use of grant funds under this section
for construction or major alteration of property, the Federal
interest in the property involved shall last for a period of 1
year following the completion of the project or until such time
that the Federal Government is compensated for its
proportionate interest in the property if the property use
changes or the property is transferred or sold, whichever time
period is less. At the conclusion of such period, the Notice of
Federal Interest in such property shall be removed.
(d) There are authorized to be appropriated such sums as may
be necessary to carry out this section in fiscal year 2008 and
in each of the five succeeding fiscal years.
Sec. 220. Not to exceed $35,000,000 of funds appropriated by
this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $2,500,000 per project.
(TRANSFER OF FUNDS)
Sec. 221. Of the amounts made available in this Act for the
National Institutes of Health, 1 percent of the amount made
available for National Research Service Awards (NRSA) shall be
made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in
primary medical care to individuals affiliated with entities
who have received grants or contracts under section 747 of the
Public Health Service Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director of
the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 222. None of the funds made available in this Act may be
used--
(1) for the Ombudsman Program of the Centers for
Disease Control and Prevention; and
(2) by the Centers for Disease Control and Prevention
to provide additional rotating pastel lights, zero-
gravity chairs, or dry-heat saunas for its fitness
center.
Sec. 223. There is hereby established in the Treasury of the
United States a fund to be known as the ``Nonrecurring expenses
fund'' (the Fund): Provided, That unobligated balances of
expired discretionary funds appropriated for this or any
succeeding fiscal year from the General Fund of the Treasury to
the Department of Health and Human Services by this or any
other Act may be transferred (not later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated)
into the Fund: Provided further, That amounts deposited in the
Fund shall be available until expended, and in addition to such
other funds as may be available for such purposes, for capital
acquisition necessary for the operation of the Department,
including facilities infrastructure and information technology
infrastructure, subject to approval by the Office of Management
and Budget: Provided further, That amounts in the Fund may be
obligated only after the Committees on Appropriations of the
House of Representatives and the Senate are notified at least
15 days in advance of the planned use of funds.
(RESCISSION OF FUNDS)
Sec. 224. Of the funds available within the Health
Professions Student Loan program authorized in subpart II,
Federally-Supported Student Loan Funds, of title VII of the
Public Health Service Act, $15,000,000 are rescinded.
Sec. 225. (a) Continuation of Availability of Permitted
Number of Medical Residency Positions Under the Medicare
Program.--Section 1886(h)(4)(H) of the Social Security Act (42
U.S.C. Section 1395ww(h)(4)(H)) is amended by adding at the end
the following:
``(v) Special provider agreement.--If
an entity enters into a provider
agreement pursuant to section 1866(a)
to provide hospital services on the
same physical site previously used by
Medicare Provider No. 05-0578--
``(I) the limitation on the
number of total full time
equivalent residents under
subparagraph (F) and clauses
(v) and (vi)(I) of subsection
(d)(5)(B) applicable to such
provider shall be equal to the
limitation applicable under
such provisions to Provider No.
05-0578 for its cost reporting
period ending on June 30, 2006;
and
``(II) the provisions of
subparagraph (G) and subsection
(d)(5)(B)(vi)(II) shall not be
applicable to such provider for
the first three cost reporting
years in which such provider
trains residents under any
approved medical residency
training program.''.
(b) Technical Correction of Section 422 of MMA.--
(1) In general.--Section 1886(h)(7) of the Social
Security Act (42 U.S.C. 1395ww(h)(7)) is amended--
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) Adjustment based on settled cost
report.--In the case of a hospital with a dual
accredited osteopathic and allopathic family
practice program for which--
``(i) the otherwise applicable
resident limit was reduced under
subparagraph (A)(i)(I); and
``(ii) such reduction was based on a
reference resident level that was
determined using a cost report and
where a revised or corrected notice of
program reimbursement was issued for
such cost report between September 1,
2006 and September 15, 2006, whether as
a result of an appeal or otherwise, and
the reference resident level under such
settled cost report is higher than the
level used for the reduction under
subparagraph (A)(i)(I);
the Secretary shall apply subparagraph
(A)(i)(I) using the higher resident reference
level and make any necessary adjustments to
such reduction. Any such necessary adjustments
shall be effective for portions of cost
reporting periods occurring on or after July 1,
2005.''.
(2) Effective date.--Subject to paragraph (3), the
amendments made by paragraph (1) shall take effect as
if included in the enactment of section 422 of the
Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173).
(c) Offsetting Costs.--
(1) In general.--The amount of funds available to the
Physician Assistance and Quality Initiative Fund for
expenditures--
(A) under the first sentence of section
1848(l)(2)(A) of the Social Security Act (42
U.S.C. 1395w-4(l)(2)(A)) is reduced by
$500,000; and
(B) under the first amount in the second
sentence of such section is reduced by
$24,500,000.
(2) Conforming amendments.--Section 1848(l)(2)(A) of
the Social Security Act (42 U.S.C. 1395w-4(l)(2)(A)) is
amended--
(A) in the first sentence, by inserting after
``$1,350,000,000'' the following: ``, as
reduced by section 524 and section 225(c)(1)(A)
of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 2008 (division G of the
Consolidated Appropriations Act, 2008)''; and
(B) in the second sentence, by inserting
after ``$325,000,000'' the following: ``, as
reduced by section 225(c)(1)(B) of such Act,''.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2008''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the Higher
Education Act of 1965, $15,755,083,000, of which $7,639,035,000
shall become available on July 1, 2008, and shall remain
available through September 30, 2009, and of which
$7,934,756,000 shall become available on October 1, 2008, and
shall remain available through September 30, 2009, for academic
year 2008-2009: Provided, That $6,835,271,000 shall be for
basic grants under section 1124: Provided further, That up to
$4,000,000 of these funds shall be available to the Secretary
of Education on October 1, 2007, to obtain annually updated
local educational-agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,365,031,000
shall be for concentration grants under section 1124A: Provided
further, That $2,967,949,000 shall be for targeted grants under
section 1125: Provided further, That $2,967,949,000 shall be
for education finance incentive grants under section 1125A:
Provided further, That $9,330,000 shall be to carry out
sections 1501 and 1503: Provided further, That $1,634,000 shall
be available for a comprehensive school reform clearinghouse.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965, $1,262,778,000,
of which $1,125,192,000 shall be for basic support payments
under section 8003(b), $49,466,000 shall be for payments for
children with disabilities under section 8003(d), $17,820,000
shall be for construction under section 8007(b) and shall
remain available through September 30, 2009, $65,350,000 shall
be for Federal property payments under section 8002, and
$4,950,000, to remain available until expended, shall be for
facilities maintenance under section 8008: Provided, That for
purposes of computing the amount of a payment for an eligible
local educational agency under section 8003(a) for school year
2007-2008, children enrolled in a school of such agency that
would otherwise be eligible for payment under section
8003(a)(1)(B) of such Act, but due to the deployment of both
parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in
section 8003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by
title II, part B of title IV, subparts 6 and 9 of part D of
title V, parts A and B of title VI, and parts B and C of title
VII of the Elementary and Secondary Education Act of 1965
(``ESEA''); the McKinney-Vento Homeless Assistance Act; section
203 of the Educational Technical Assistance Act of 2002; the
Compact of Free Association Amendments Act of 2003; and the
Civil Rights Act of 1964, $5,383,119,000, of which
$3,763,355,000 shall become available on July 1, 2008, and
remain available through September 30, 2009, and of which
$1,435,000,000 shall become available on October 1, 2008, and
shall remain available through September 30, 2009, for academic
year 2008-2009: Provided, That funds made available to carry
out part B of title VII of the ESEA may be used for
construction, renovation and modernization of any elementary
school, secondary school, or structure related to an elementary
school or secondary school, run by the Department of Education
of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That from the funds
referred to in the preceding proviso, not less than $1,250,000
shall be for a grant to the Department of Education of the
State of Hawaii for the activities described in such proviso,
and $1,250,000 shall be for a grant to the University of Hawaii
School of Law for a Center of Excellence in Native Hawaiian
law: Provided further, That funds made available to carry out
part C of title VII of the ESEA may be used for construction:
Provided further, That up to 100 percent of the funds available
to a State educational agency under part D of title II of the
ESEA may be used for subgrants described in section
2412(a)(2)(B) of such Act: Provided further, That $58,129,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002: Provided further, That
$33,707,000 shall be available to carry out part D of title V
of the ESEA: Provided further, That no funds appropriated under
this heading may be used to carry out section 5494 under the
ESEA: Provided further, That $18,001,000 shall be available to
carry out the Supplemental Education Grants program for the
Federated States of Micronesia and the Republic of the Marshall
Islands: Provided further, That up to 5 percent of these
amounts may be reserved by the Federated States of Micronesia
and the Republic of the Marshall Islands to administer the
Supplemental Education Grants programs and to obtain technical
assistance, oversight and consultancy services in the
administration of these grants and to reimburse the United
States Departments of Labor, Health and Human Services, and
Education for such services: Provided further, That $2,400,000
of the funds available for the Foreign Language Assistance
Program shall be available for 5-year grants to local
educational agencies that would work in partnership with one or
more institutions of higher education to establish or expand
articulated programs of study in languages critical to United
States national security that will enable successful students
to advance from elementary school through college to achieve a
superior level of proficiency in those languages.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $121,690,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C,
and D of title V, and section 1504 of the Elementary and
Secondary Education Act of 1965 (``ESEA''), $1,003,040,000:
Provided, That $9,821,000 shall be provided to the National
Board for Professional Teaching Standards to carry out section
2151(c) of the ESEA: Provided further, That from funds for
subpart 4, part C of title II, up to 3 percent shall be
available to the Secretary for technical assistance and
dissemination of information: Provided further, That
$357,059,000 shall be available to carry out part D of title V
of the ESEA: Provided further, That $100,573,000 of the funds
for subpart 1, part D of title V of the ESEA shall be available
for the projects and in the amounts specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That $99,000,000 of the funds for subpart 1 shall be
for competitive grants to local educational agencies, including
charter schools that are local educational agencies, or States,
or partnerships of: (1) a local educational agency, a State, or
both; and (2) at least one non-profit organization to develop
and implement performance-based teacher and principal
compensation systems in high-need schools: Provided further,
That such performance-based compensation systems must consider
gains in student academic achievement as well as classroom
evaluations conducted multiple times during each school year
among other factors and provide educators with incentives to
take on additional responsibilities and leadership roles:
Provided further, That up to 5 percent of such funds for
competitive grants shall be available for technical assistance,
training, peer review of applications, program outreach and
evaluation activities: Provided further, That of the funds
available for part B of title V, the Secretary shall use up to
$24,783,000 to carry out activities under section 5205(b) and
under subpart 2, and shall use not less than $190,000,000 to
carry out other activities authorized under subpart 1.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part C
of title II, part A of title IV, and subparts 2, 3, and 10 of
part D of title V of the Elementary and Secondary Education Act
of 1965 (``ESEA''), $705,733,000, of which $300,000,000 shall
become available on July 1, 2008, and remain available through
September 30, 2009: Provided, That $300,000,000 shall be
available for subpart 1 of part A of title IV and $222,519,000
shall be available for subpart 2 of part A of title IV, of
which not less than $1,500,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (``Project SERV'') program to provide education-
related services to local educational agencies and to
institutions of higher education in which the learning
environment has been disrupted due to a violent or traumatic
crisis: Provided further, That Project SERV funds appropriated
in previous fiscal years may be used to provide services to
local educational agencies and to institutions of higher
education in which the learning environment has been disrupted
due to a violent or traumatic crisis: Provided further, That
$150,729,000 shall be available to carry out part D of title V
of the ESEA: Provided further, That of the funds available to
carry out subpart 3 of part C of title II, up to $12,072,000
may be used to carry out section 2345 and $2,950,000 shall be
used by the Center for Civic Education to implement a
comprehensive program to improve public knowledge,
understanding, and support of the Congress and the State
legislatures.
English Language Acquisition
For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $712,848,000, which shall
become available on July 1, 2008, and shall remain available
through September 30, 2009, except that 6.5 percent of such
amount shall be available on October 1, 2007, and shall remain
available through September 30, 2009, to carry out activities
under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education
Act (``IDEA'') and the Special Olympics Sport and Empowerment
Act of 2004, $12,181,473,000, of which $5,084,406,000 shall
become available on July 1, 2008, and shall remain available
through September 30, 2009, and of which $6,856,444,000 shall
become available on October 1, 2008, and shall remain available
through September 30, 2009, for academic year 2008-2009:
Provided, That $13,000,000 shall be for Recording for the Blind
and Dyslexic, Inc., to support activities under section
674(c)(1)(D) of the IDEA: Provided further, That $1,500,000
shall be for the recipient of funds provided by Public Law 105-
78 under section 687(b)(2)(G) of the IDEA (as in effect prior
to the enactment of the Individuals with Disabilities Education
Improvement Act of 2004) to provide information on diagnosis,
intervention, and teaching strategies for children with
disabilities: Provided further, That the amount for section
611(b)(2) of the IDEA shall be equal to the lesser of the
amount available for that activity during fiscal year 2007,
increased by the amount of inflation as specified in section
619(d)(2)(B) of the IDEA, or the percentage increase in the
funds appropriated under section 611(i) of the IDEA: Provided
further, That nothing in section 674(e) of the IDEA shall be
construed to establish a private right of action against the
National Instructional Materials Access Center for failure to
perform the duties of such center or otherwise authorize a
private right of action related to the performance of such
center: Provided further, That $7,500,000 shall be available to
support the 2009 Special Olympics World Winter Games.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act, $3,283,929,000,
of which $1,000,000 shall be awarded to the American Academy of
Orthotists and Prosthetists for activities that further the
purposes of the grant received by the Academy for the period
beginning October 1, 2003, including activities to meet the
demand for orthotic and prosthetic provider services and
improve patient care: Provided, That $3,155,000 of the funds
for section 303 of the Rehabilitation Act of 1973 shall be
available for the projects and in the amounts specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Special Institutions for Persons With Disabilities
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, $22,000,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$60,757,000, of which $1,705,000 shall be for construction and
shall remain available until expended: Provided, That from the
total amount available, the Institute may at its discretion use
funds for the endowment program as authorized under section 207
of such Act.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986, $115,400,000: Provided, That from the
total amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006, the
Adult Education and Family Literacy Act, subpart 4 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA'') and title VIII-D of the Higher Education Amendments
of 1998, $1,976,166,000, of which $4,077,000 shall become
available on October 1, 2007 and remain available until
September 30, 2009, of which $1,181,089,000 shall become
available on July 1, 2008, and shall remain available through
September 30, 2009, and of which $791,000,000 shall become
available on October 1, 2008, and shall remain available
through September 30, 2009: Provided, That of the amount
provided for Adult Education State Grants, $67,896,000 shall be
made available for integrated English literacy and civics
education services to immigrants and other limited English
proficient populations: Provided further, That of the amount
reserved for integrated English literacy and civics education,
notwithstanding section 211 of the Adult Education and Family
Literacy Act, 65 percent shall be allocated to States based on
a State's absolute need as determined by calculating each
State's share of a 10-year average of the United States
Citizenship and Immigration Services data for immigrants
admitted for legal permanent residence for the 10 most recent
years, and 35 percent allocated to States that experienced
growth as measured by the average of the 3 most recent years
for which United States Citizenship and Immigration Services
data for immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount
less than $60,000: Provided further, That of the amounts made
available for the Adult Education and Family Literacy Act,
$7,000,000 shall be for national leadership activities under
section 243 and $6,583,000 shall be for the National Institute
for Literacy under section 242: Provided further, That
$81,532,000 shall be available to support the activities
authorized under subpart 4 of part D of title V of the ESEA, of
which up to 5 percent shall become available October 1, 2007,
and shall remain available through September 30, 2009, for
evaluation, technical assistance, school networks, peer review
of applications, and program outreach activities, and of which
not less than 95 percent shall become available on July 1,
2008, and remain available through September 30, 2009, for
grants to local educational agencies: Provided further, That
funds made available to local educational agencies under this
subpart shall be used only for activities related to
establishing smaller learning communities within large high
schools or small high schools that provide alternatives for
students enrolled in large high schools.
Student Financial Assistance
(INCLUDING RESCISSION)
For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965,
$16,114,317,000, which shall remain available through September
30, 2009.
The maximum Pell Grant for which a student shall be eligible
during award year 2008-2009 shall be $4,241.
Of the unobligated funds available under section
401A(e)(1)(C) of the Higher Education Act of 1965, $525,000,000
are rescinded.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, and 4 of part A, and parts B, C, D,
and E of title IV of the Higher Education Act of 1965,
$708,216,000, which shall remain available until expended.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the Higher Education Act
of 1965 (``HEA''), section 1543 of the Higher Education
Amendments of 1992, the Mutual Educational and Cultural
Exchange Act of 1961, title VIII of the Higher Education
Amendments of 1998, part I of subtitle A of title VI of the
America COMPETES Act, and section 117 of the Carl D. Perkins
Career and Technical Education Act of 2006, $2,057,801,000:
Provided, That $9,699,000, to remain available through
September 30, 2009, shall be available to fund fellowships for
academic year 2009-2010 under subpart 1 of part A of title VII
of the HEA, under the terms and conditions of such subpart 1:
Provided further, That $620,000 is for data collection and
evaluation activities for programs under the HEA, including
such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That the funds
provided for title II of the HEA shall be allocated
notwithstanding section 210 of such Act: Provided further, That
$100,668,000 of the funds for part B of title VII of the Higher
Education Act of 1965 shall be available for the projects and
in the amounts specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
Howard University
For partial support of Howard University, $237,392,000, of
which not less than $3,526,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act
(Public Law 98-480) and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the Higher Education Act of 1965, $481,000.
Historically Black College and University Capital Financing Program
Account
For administrative expenses to carry out the Historically
Black College and University Capital Financing Program entered
into pursuant to part D of title III of the Higher Education
Act of 1965, $188,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$555,815,000, of which $293,155,000 shall be available until
September 30, 2009: Provided, That of the amount available to
carry out section 208 of the Educational Technical Assistance
Act, up to $5,000,000 may be used for State data coordinators
and for awards to entities, including entities other than
States, to improve data coordination.
Departmental Management
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $418,587,000, of which $2,100,000, to
remain available until expended, shall be for building
alterations and related expenses for the move of Department
staff to the Mary E. Switzer building in Washington, DC.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $91,205,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $51,753,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome
racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to carry out a plan
of racial desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of
any student to a school other than the school which is nearest
the student's home, except for a student requiring special
education, to the school offering such special education, in
order to comply with title VI of the Civil Rights Act of 1964.
For the purpose of this section an indirect requirement of
transportation of students includes the transportation of
students to carry out a plan involving the reorganization of
the grade structure of schools, the pairing of schools, or the
clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described
in this section does not include the establishment of magnet
schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(TRANSFER OF FUNDS)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of
Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 305. None of the funds made available in this Act may be
used to promulgate, implement, or enforce any revision to the
regulations in effect under section 496 of the Higher Education
Act of 1965 on June 1, 2007, until legislation specifically
requiring such revision is enacted.
Sec. 306. (a) Maintenance of Integrity and Ethical Values
Within Department of Education.--Within 60 days after the
enactment of this Act, the Secretary of Education shall
implement procedures--
(1) to assess whether a covered individual or entity
has a potential financial interest in, or impaired
objectivity towards, a product or service purchased
with, or guaranteed or insured by, funds administered
by the Department of Education or a contracted entity
of the Department; and
(2) to disclose the existence of any such potential
financial interest or impaired objectivity.
(b) Review by Inspector General.--
(1) Within 60 days after the implementation of the
procedures described in subsection (a), the Inspector
General of the Department of Education shall report to
the Committees on Appropriations of the House of
Representatives and the Senate on the adequacy of such
procedures.
(2) Within 1 year, the Inspector General shall
conduct at least 1 review to ensure that such
procedures are properly implemented and are effective
to uncover and disclose the existence of potential
financial interests or impaired objectivity described
in subsection (a).
(3) The Inspector General shall report to such
Committees any recommendations for modifications to
such procedures that the Inspector General determines
are necessary to uncover and disclose the existence of
such potential financial interests or impaired
objectivity.
(c) Definition.--For purposes of this section, the term
``covered individual or entity'' means--
(1) an officer or professional employee of the
Department of Education;
(2) a contractor or subcontractor of the Department,
or an individual hired by the contracted entity;
(3) a member of a peer review panel of the
Department; or
(4) a consultant or advisor to the Department.
Sec. 307. (a) Notwithstanding section 8013(9)(B) of the
Elementary and Secondary Education Act of 1965, North Chicago
Community Unit School District 187, North Shore District 112,
and Township High School District 113 in Lake County, Illinois,
and Glenview Public School District 34 and Glenbrook High
School District 225 in Cook County, Illinois, shall be
considered local educational agencies as such term is used in
and for purposes of title VIII of such Act for fiscal years
2008 and 2009.
(b) Notwithstanding any other provision of law, federally
connected children (as determined under section 8003(a) of the
Elementary and Secondary Education Act of 1965) who are in
attendance in the North Shore District 112, Township High
School District 113, Glenview Public School District 34, and
Glenbrook High School District 225 described in subsection (a),
shall be considered to be in attendance in the North Chicago
Community Unit School District 187 described in subsection (a)
for purposes of computing the amount that the North Chicago
Community Unit School District 187 is eligible to receive under
subsection (b) or (d) of such section for fiscal years 2008 and
2009 if--
(1) such school districts have entered into an
agreement for such students to be so considered and for
the equitable apportionment among all such school
districts of any amount received by the North Chicago
Community Unit School District 187 under such section;
and
(2) any amount apportioned among all such school
districts pursuant to paragraph (1) is used by such
school districts only for the direct provision of
educational services.
Sec. 308. Prior to January 1, 2008, the Secretary of
Education may not terminate any voluntary flexible agreement
under section 428A of the Higher Education Act of 1965 that
existed on October 1, 2007. With respect to an entity with
which the Secretary of Education had a voluntary flexible
agreement under section 428A of the Higher Education Act of
1965 on October 1, 2007 that is not cost neutral, if the
Secretary terminates such agreement on or after January 1,
2008, the Secretary of Education shall, not later than March
31, 2008, negotiate to enter, and enter, into a new voluntary
flexible agreement with such entity so that the agreement is
cost neutral, unless such entity does not want to enter into
such agreement.
Sec. 309. Notwithstanding section 102(a)(4)(A) of the Higher
Education Act of 1965, the Secretary of Education shall not
take into account a bankruptcy petition filed in the United
States Bankruptcy Court for the Northern District of New York
on February 21, 2001, in determining whether a nonprofit
educational institution that is a subsidiary of an entity that
filed such petition meets the definition of an ``institution of
higher education'' under section 102 of that Act.
(RESCISSION OF FUNDS)
Sec. 310. Of the unobligated balances available under the
Federal Direct Student Loan Program Administration authorized
by section 458 of the Higher Education Act and the Higher
Education Reconciliation Act of 2005, $25,000,000 are
rescinded.
Sec. 311. The Secretary of Education shall--
(1) deem each local educational agency that received
a fiscal year 2007 basic support payment for heavily
impacted local educational agencies under section
8003(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)) as eligible to
receive a fiscal year 2008 basic support payment for
heavily impacted local educational agencies under such
section; and
(2) make a payment to such local educational agency
under such section for fiscal year 2008.
This title may be cited as the ``Department of Education
Appropriations Act, 2008''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
SALARIES AND EXPENSES
For expenses necessary of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92-28, $4,994,000.
Corporation for National and Community Service
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service to carry out the Domestic Volunteer Service
Act of 1973 (``1973 Act'') and the National and Community
Service Act of 1990 (``1990 Act''), $796,662,000, of which
$313,054,000 is to carry out the 1973 Act and $483,608,000 is
to carry out the 1990 Act: Provided, That $24,205,000 of the
amount provided under this heading shall remain available until
September 30, 2009 to carry out subtitle E of the 1990 Act:
Provided further, That up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and
electronic management of the grants cycle: Provided further,
That none of the funds made available under this heading for
activities authorized by section 122 and part E of title II of
the 1973 Act shall be used to provide stipends or other
monetary incentives to program participants or volunteer
leaders whose incomes exceed the income guidelines in
subsections 211(e) and 213(b) of the 1973 Act: Provided
further, That notwithstanding subtitle H of title I of the 1990
Act, none of the funds provided for quality and innovation
activities shall be used to support salaries and related
expenses (including travel) attributable to Corporation for
National and Community Service employees: Provided further,
That, for fiscal year 2008 and thereafter, in addition to
amounts otherwise provided to the National Service Trust under
this heading, at no later than the end of the fifth fiscal year
after the fiscal year for which funds are appropriated or
otherwise made available, unobligated balances of
appropriations available for grants under the National Service
Trust Program under subtitle C of title I of the 1990 Act
during such fiscal year may be transferred to the National
Service Trust after notice is transmitted to Congress, if such
funds are initially obligated before the expiration of their
period of availability as provided in this Act: Provided
further, That of the amounts provided under this heading: (1)
not less than $124,718,000, to remain available until expended,
to be transferred to the National Service Trust for educational
awards authorized under subtitle D of title I of the 1990 Act:
Provided further, That in addition to these funds, the
Corporation may transfer funds from the amount provided for
AmeriCorps grants under the National Service Trust Program, to
the National Service Trust authorized under subtitle D of title
I of the 1990 Act, upon determination that such transfer is
necessary to support the activities of national service
participants and after notice is transmitted to the Congress;
(2) not more than $55,000,000 of funding provided for grants
under the National Service Trust program authorized under
subtitle C of title I of the 1990 Act may be used to
administer, reimburse, or support any national service program
authorized under section 129(d)(2) of such Act; (3) $12,000,000
shall be to provide assistance to State commissions on national
and community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(4) of the 1990 Act; and (4) not
less than $5,000,000 shall be for the acquisition, renovation,
equipping and startup costs for a campus located in Vinton,
Iowa and a campus in Vicksburg, Mississippi to carry out
subtitle E of title I of the 1990 Act.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act of
1990 and under section 504(a) of the Domestic Volunteer Service
Act of 1973, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts
and consultants authorized under 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation
expenses, $68,964,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,932,000.
ADMINISTRATIVE PROVISIONS
Sec. 401. Notwithstanding any other provision of law, the
term ``qualified student loan'' with respect to national
service education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State agency,
in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Sec. 402. Notwithstanding any other provision of law, funds
made available under section 129(d)(5)(B) of the National and
Community Service Act of 1990 to assist entities in placing
applicants who are individuals with disabilities may be
provided to any entity that receives a grant under section 121
of the Act.
Sec. 403. The Corporation for National and Community Service
shall make any significant changes to program requirements,
service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2008, during any grant
selection process, an officer or employee of the Corporation
shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of the
Corporation that is authorized by the Corporation to receive
such information.
Sec. 404. Professional Corps programs described in section
122(a)(8) of the National and Community Service Act of 1990 may
apply to the Corporation for a waiver of application of section
140(c)(2).
Sec. 405. Notwithstanding section 1342 of title 31, United
States Code, the Corporation may solicit and accept the
services of organizations and individuals (other than
participants) to assist the Corporation in carrying out the
duties of the Corporation under the national service laws:
Provided, That an individual who provides services under this
section shall be subject to the same protections and
limitations as volunteers under section 196(a) of the National
and Community Service Act of 1990.
Sec. 406. Organizations operating projects under the
AmeriCorps Education Awards Program shall do so without regard
to the requirements of sections 121(d) and (e), 131(e), 132,
and 140(a), (d), and (e) of the National and Community Service
Act of 1990.
Sec. 407. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first three years that
they receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the National and Community Service Act of 1990,
and subject to partial waiver consistent with section 2521.70
of title 45, Code of Federal Regulations.
Sec. 408. Notwithstanding any other provision of law,
formula-based grants to States and territories under section
129(a)(1)-(2) of the 1990 Act to operate AmeriCorps programs
may be made if the application describes proposed positions
into which participants will be placed, the proposed minimum
qualifications of such participants, and an assurance that the
State will select national service programs for subgrants on a
competitive basis, and an assurance that the aforementioned
information will be provided for each subgrant awarded prior to
the execution of such subgrants.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 2010, $420,000,000: Provided, That no funds
made available to the Corporation for Public Broadcasting by
this Act shall be used to pay for receptions, parties, or
similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds contained
in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis
of race, color, national origin, religion, or sex: Provided
further, That no funds made available to the Corporation for
Public Broadcasting by this Act shall be used to apply any
political test or qualification in selecting, appointing,
promoting, or taking any other personnel action with respect to
officers, agents, and employees of the Corporation: Provided
further, That for fiscal year 2008, in addition to the amounts
provided above, $29,700,000 shall be for costs related to
digital program production, development, and distribution,
associated with the transition of public broadcasting to
digital broadcasting, to be awarded as determined by the
Corporation in consultation with public radio and television
licensees or permittees, or their designated representatives:
Provided further, That for fiscal year 2008, in addition to the
amounts provided above, $26,750,000 is available pursuant to
section 396(k)(10) of the Communications Act of 1934 for
replacement and upgrade of the public radio interconnection
system: Provided further, That none of the funds made available
to the Corporation for Public Broadcasting by this Act, the
Continuing Appropriations Resolution, 2007 (Public Law 110-5),
or the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2006
(Public Law 109-149), shall be used to support the Television
Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it by
the Labor Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978; and for expenses necessary
for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454, $43,800,000:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance,
including those provided to foreign governments and
international organizations, and for arbitration services shall
be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for
arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $8,096,000.
Institute of Museum and Library Services
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION
For carrying out the Museum and Library Services Act of 1996
and the National Museum of African American History and Culture
Act, $268,193,000, of which $18,610,000 shall be available for
library, museum and related projects and in the amounts
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That funds may be made available for support through
inter-agency agreement or grant to commemorative Federal
commissions that support museum and library activities, in
partnership with libraries and museums that are eligible for
funding under programs carried out by the Institute of Museum
and Library Services.
Medicare Payment Advisory Commission
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the
Social Security Act, $10,748,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
National Commission on Libraries and Information Science
SALARIES AND EXPENSES
For close out activities of the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended), $400,000.
National Council on Disability
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,113,000.
National Labor Relations Board
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $256,238,000: Provided,
That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5,
1935, and as amended by the Labor-Management Relations Act,
1947, and as defined in section 3(f) of the Act of June 25,
1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit
basis and at least 95 percent of the water stored or supplied
thereby is used for farming purposes.
National Mediation Board
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by the
President, $12,911,000.
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission, $10,696,000.
Railroad Retirement Board
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, authorized
under section 15(d) of the Railroad Retirement Act of 1974,
$79,000,000, which shall include amounts becoming available in
fiscal year 2008 pursuant to section 224(c)(1)(B) of Public Law
98-76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to
the amount by which the product of recipients and the average
benefit received exceeds the amount available for payment of
vested dual benefits: Provided, That the total amount provided
herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2009, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $103,694,000, to be derived in such
amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than $7,173,000,
to be derived from the railroad retirement accounts and
railroad unemployment insurance account: Provided, That none of
the funds made available in any other paragraph of this Act may
be transferred to the Office; used to carry out any such
transfer; used to provide any office space, equipment, office
supplies, communications facilities or services, maintenance
services, or administrative services for the Office; used to
pay any salary, benefit, or award for any personnel of the
Office; used to pay any other operating expense of the Office;
or used to reimburse the Office for any service provided, or
expense incurred, by the Office: Provided further, That funds
made available under the heading in this Act, or subsequent
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Acts, may be used for any
audit, investigation, or review of the Medicare Program.
Social Security Administration
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m), 217(g), 228(g), and 1131(b)(2)
of the Social Security Act, $28,140,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $27,000,191,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2009,
$14,800,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official
reception and representation expenses, not more than
$9,781,842,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $2,000,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2008
not needed for fiscal year 2008 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section 7131
of title 5, United States Code, and for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are
made.
In addition, $135,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2008 exceed
$135,000,000, the amounts shall be available in fiscal year
2009 only to the extent provided in advance in appropriations
Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act (Public Law 108-203), which shall remain
available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $26,451,000, together with not to exceed $67,098,000, to
be transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of
Representatives and the Senate.
TITLE V
GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, radio, television,
or video presentation designed to support or defeat legislation
pending before the Congress or any State legislature, except in
presentation to the Congress or any State legislature itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any
activity designed to influence legislation or appropriations
pending before the Congress or any State legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and expenses'';
and the Chairman of the National Mediation Board is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and expenses''.
Sec. 505. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to carry out any
program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
Sec. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly
state--
(1) the percentage of the total costs of the program
or project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 507. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that
includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape
or incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness,
including a life-endangering physical condition caused
by or arising from the pregnancy itself, that would, as
certified by a physician, place the woman in danger of
death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does
not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a
health maintenance organization, a health insurance plan, or
any other kind of health care facility, organization, or plan.
Sec. 509. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.204(b) and section
498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act (21 U.S.C. 812) except for
normal and recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may be
used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b))
providing for, or providing for the assignment of, a unique
health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until
legislation is enacted specifically approving the standard.
Sec. 512. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an
entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in
section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the
Secretary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications
required by paragraph (4) of such section.
Sec. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act, as amended by the Children's Internet Protection
Act and the No Child Left Behind Act, unless the local
educational agency with responsibility for such covered school
has made the certifications required by paragraph (2) of such
section.
Sec. 516. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2008, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction
in personnel which would result in a change in existing
programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier.
Sec. 517. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not
directly related to and necessary for the work of the committee
involved.
(b) None of the funds made available in this Act may be used
to disseminate scientific information that is deliberately
false or misleading.
Sec. 518. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program, project,
and activity level any funding allocations for fiscal year 2008
that are different than those specified in this Act, the
accompanying detailed table in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), or the fiscal year 2008 budget request.
Sec. 519. None of the funds made available by this Act may be
used to carry out the evaluation of the Upward Bound program
described in the absolute priority for Upward Bound Program
participant selection and evaluation published by the
Department of Education in the Federal Register on September
22, 2006 (71 Fed. Reg. 55447 et seq.).
Sec. 520. None of the funds in this Act may be used to employ
workers described in section 274A(h)(3) of the Immigration and
Nationality Act.
Sec. 521. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of contracts,
grants, and cooperative agreements exceeding $100,000 in value
and awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2008, but not to include grants
awarded on a formula basis. Such report shall include the name
of the contractor or grantee, the amount of funding, and the
governmental purpose. Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for
which the report is submitted.
Sec. 522. Not later than 30 days after the date of enactment
of this Act, the Departments, agencies, and commissions funded
under this Act, shall establish and maintain on the homepages
of their Internet websites--
(1) a direct link to the Internet websites of their
Offices of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to those
Departments, agencies, and commissions.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee
certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the
contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
Sec. 524. Section 1848(l)(2)(A) of the Social Security Act,
as amended by section 6 of the TMA, Abstinence Education, and
QI Programs Extension Act of 2007 (Public Law 110-90), is
amended by reducing the dollar amount in the first sentence by
$150,000,000.
Sec. 525. Iraqi and Afghan aliens granted special immigrant
status under section 101(a)(27) of the Immigration and
Nationality Act shall be eligible for resettlement assistance,
entitlement programs, and other benefits available to refugees
admitted under section 207 of such Act for a period not to
exceed 6 months.
Sec. 526. None of the funds appropriated by this Act may be
used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of
the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization arrangements
between the social security system established by title II of
the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such
agreement.
Sec. 527. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process claims
for credit for quarters of coverage based on work performed
under a social security account number that was not the
claimant's number which is an offense prohibited under section
208 of the Social Security Act.
Sec. 528. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 1.747 percent of the fiscal year
2008 budget authority--
(1) provided for any discretionary account of this
Act; and
(2) provided in any advance appropriation for fiscal
year 2008 for any discretionary account of this Act
made available by any prior fiscal year appropriation
Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in such subsection; and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act, accompanying reports, or explanatory
statement for fiscal year 2008 covering such account or
item, or for accounts and items not included in
appropriation Acts, as delineated in the most recently
submitted President's budget).
(c) Exceptions.--This section shall not apply--
(1) to discretionary budget authority that has been
designated as described in section 5 (in the matter
preceding division A of this consolidated Act); or
(2) to discretionary budget authority made available
under title III under the Student Financial Assistance
account for the Federal Pell Grants program.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
report specifying the account and amount of each rescission
made pursuant to this section.
TITLE VI
NATIONAL COMMISSION ON CHILDREN AND DISASTER
SECTION 601. SHORT TITLE.
This title may be cited as the ``Kids in Disasters Well-
being, Safety, and Health Act of 2007''.
SEC. 602. DEFINITIONS.
In this title:
(1) All hazards.--The term ``all hazards'' has the
meaning given the term ``hazard'' under section
602(a)(1) of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5195a), and includes natural
disasters, acts of terrorism, and other man-made
disasters.
(2) Child; children.--The terms ``child'' and
``children'' mean an individual or individuals,
respectively, who have not attained 18 years of age.
(3) Emergency.--The term ``emergency'' has the
meaning given such term under section 102(1) of the
Robert T. Stafford Disaster Relief and Assistance Act
(42 U.S.C. 5122(1)).
(4) Major disaster.--The term ``major disaster'' has
the meaning given such term under section 102(2) of the
Robert T. Stafford Disaster Relief and Assistance Act
(42 U.S.C. 5122(2)).
SEC. 603. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the
``National Commission on Children and Disasters'' (referred to
in this title as the ``Commission'').
SEC. 604. PURPOSES OF COMMISSION.
The purposes of the Commission are to--
(1) conduct a comprehensive study to examine and
assess the needs of children as they relate to
preparation for, response to, and recovery from all
hazards, including major disasters and emergencies;
(2) build upon the evaluations of other entities and
avoid unnecessary duplication, by reviewing the
findings, conclusions, and recommendations of other
commissions, Federal, State, and local governments, or
nongovernmental entities, relating to the needs of
children as they relate to preparation for, response
to, and recovery from all hazards, including major
disasters and emergencies; and
(3) submit a report to the President and Congress on
specific findings, conclusions, and recommendations to
address the needs of children as they relate to
preparation for, response to, and recovery from all
hazards, including major disasters and emergencies.
SEC. 605. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members,
of whom--
(1) 1 member shall be appointed by the President;
(2) 1 member, who is of a different political party
than that of the member appointed under paragraph (1),
shall be appointed by the President;
(3) 2 members shall be appointed by the majority
leader of the Senate;
(4) 2 members shall be appointed by the minority
leader of the Senate;
(5) 2 members shall be appointed by the Speaker of
the House of Representatives; and
(6) 2 members shall be appointed by the minority
leader of the House of Representatives.
(b) Chairperson, Vice-Chairperson, and Meetings.--Not later
than 30 days after the date on which all members of the
Commission are appointed under subsection (a), such members
shall meet to elect a Chairperson and Vice Chairperson from
among such members and shall determine a schedule of Commission
meetings.
(c) Governmental Appointees.--An individual appointed to the
Commission may not be an official or employee of the Federal
Government.
(d) Commission Representation.--The Commission shall include
at least one--
(1) representative from private nonprofit entities
with demonstrated expertise in addressing the needs of
children as they relate to preparation for, response
to, and recovery from all hazards, including major
disasters and emergencies; and
(2) State emergency manager or local emergency
manager.
(e) Qualifications.--Members appointed under subsection (a)
may include--
(1) individuals involved with providing services to
children, including health, education, housing, and
other social services;
(2) individuals with experience in emergency
management, including coordination of resources and
services among State and local governments, the Federal
Government, and nongovernmental entities;
(3) individuals with philanthropic experience focused
on the needs of children in all hazards, including
major disasters and emergencies;
(4) individuals with experience in providing donated
goods and services, including personnel services, to
meet the needs of children and families as they relate
to preparation for, response to, and recovery from all
hazards, including major disasters and emergencies; and
(5) individuals who have conducted academic research
related to addressing the needs of children in all
hazards, including major disasters and emergencies.
(f) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission not later than 120 days after the
appointment of members of the Commission.
(g) Quorum and Vacancy.--
(1) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold hearings.
(2) Vacancy.--Any vacancy in the Commission shall not
affect its powers and shall be filled in the same
manner in which the original appointment was made.
SEC. 606. DUTIES OF COMMISSION.
The Commission shall--
(1) conduct pursuant to section 604(2) a
comprehensive study that examines and assesses the
needs of children as they relate to preparation for,
response to, and recovery from all hazards, including
major disasters and emergencies, including specific
findings relating to--
(A) child physical health, mental health, and
trauma;
(B) child care in all settings;
(C) child welfare;
(D) elementary and secondary education;
(E) sheltering, temporary housing, and
affordable housing;
(F) transportation;
(G) juvenile justice;
(H) evacuation; and
(I) relevant activities in emergency
management;
(2) identify, review, and evaluate existing laws,
regulations, policies, and programs relevant to the
needs of children as they relate to preparation for,
response to, and recovery from all hazards, including
major disasters and emergencies;
(3) identify, review, and evaluate the lessons
learned from past disasters and emergencies relative to
addressing the needs of children; and
(4) submit a report to the President and Congress on
the Commission's specific findings, conclusions, and
recommendations to address the needs of children as
they relate to preparation for, response to, and
recovery from all hazards, including major disasters
and emergencies, including specific recommendations on
the need for planning and establishing a national
resource center on children and disasters, coordination
of resources and services, administrative actions,
policies, regulations, and legislative changes as the
Commission considers appropriate.
SEC. 607. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, and receive such evidence as
may be necessary to carry out the functions of the Commission.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may access, to the
extent authorized by law, from any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the
Federal Government such information, suggestions,
estimates, and statistics as the Commission considers
necessary to carry out this title.
(2) Provision of information.--On written request of
the Chairperson of the Commission, each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, provide the requested information to
the Commission.
(3) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored,
and disseminated by members of the Commission and its
staff consistent with all applicable statutes,
regulations, and Executive orders.
(c) Assistance From Federal Agencies.--
(1) General services administration.--On request of
the Chairperson of the Commission, the Administrator of
General Services shall provide to the Commission, on a
reimbursable basis, administrative support and other
assistance necessary for the Commission to carry out
its duties.
(2) Other departments and agencies.--In addition to
the assistance provided for under paragraph (1),
departments and agencies of the United States may
provide to the Commission such assistance as they may
determine advisable and as authorized by law.
(d) Contracting.--The Commission may enter into contracts to
enable the Commission to discharge its duties under this title.
(e) Donations.--The Commission may accept, use, and dispose
of donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as a department or agency of the United States.
SEC. 608. STAFF OF COMMISSION.
(a) In General.--The Chairperson of the Commission, in
consultation with the Vice Chairperson, in accordance with
rules agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, in accordance with the provisions of title 5, United
States Code, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff of Federal Agencies.--Upon request of the
Chairperson of the Commission, the head of any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the Federal
Government may detail, without reimbursement, any of its
personnel to the Commission to assist it in carrying out its
duties under this title. Any detail of an employee shall be
without interruption or loss of civil service status or
privilege.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
SEC. 609. TRAVEL EXPENSES.
Each member of the Commission shall serve without
compensation, but shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with applicable
provisions in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703 of title 5, United States Code.
SEC. 610. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.
The provisions of the Federal Advisory Committee Act shall
apply to the Commission, including the staff of the Commission.
SEC. 611. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Report.--The Commission shall, not later than 1
year after the date of its first meeting, submit to the
President and Congress an interim report containing specific
findings, conclusions, and recommendations required under this
title as have been agreed to by a majority of Commission
members.
(b) Other Reports and Information.--
(1) Reports.--The Commission may issue additional
reports as the Commission determines necessary.
(2) Information.--The Commission may hold public
hearings to collect information and shall make such
information available for use by the public.
(c) Final Report.--The Commission shall, not later than 2
years after the date of its first meeting, submit to the
President and Congress a final report containing specific
findings, conclusions, and recommendations required under this
title as have been agreed to by a majority of Commission
members.
(d) Termination.--
(1) In general.--The Commission, and all the
authorities of this title, shall terminate 180 days
after the date on which the final report is submitted
under subsection (b).
(2) Records.--Not later than the date of termination
of the Commission under paragraph (1), all records and
papers of the Commission shall be delivered to the
Archivist of the United States for deposit in the
National Archives.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title, $1,500,000 for each of fiscal years 2008 and 2009.
SEC. 613. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to confer on the
Commission purposes and duties that are the responsibility of
the Congress.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2008''.
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008
TITLE I
LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate, $40,000;
Majority Whip of the Senate, $10,000; Minority Whip of the
Senate, $10,000; President Pro Tempore emeritus, $15,000;
Chairmen of the Majority and Minority Conference Committees,
$5,000 for each Chairman; and Chairmen of the Majority and
Minority Policy Committees, $5,000 for each Chairman; in all,
$195,000.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$158,457,000, which shall be paid from this appropriation
without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,316,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $620,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus,
$309,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $4,796,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $2,912,000.
committee on appropriations
For salaries of the Committee on Appropriations, $14,161,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,587,000 for each such committee; in
all, $3,174,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $778,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,620,000 for each such committee;
in all, $3,240,000.
office of the chaplain
For Office of the Chaplain, $379,000.
office of the secretary
For Office of the Secretary, $22,388,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$60,600,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,684,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized
by law, and related expenses, $41,100,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,280,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,439,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$6,000; Sergeant at Arms and Doorkeeper of the Senate, $6,000;
Secretary for the Majority of the Senate, $6,000; Secretary for
the Minority of the Senate, $6,000; in all, $24,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $129,000,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on
International Narcotics Control, $520,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$2,000,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $142,389,000, which shall remain
available until September 30, 2012.
miscellaneous items
For miscellaneous items, $17,528,000, of which up to $500,000
shall be made available for a pilot program for mailings of
postal patron postcards by Senators for the purpose of
providing notice of a town meeting by a Senator in a county (or
equivalent unit of local government) at which the Senator will
personally attend: Provided, That any amount allocated to a
Senator for such mailing shall not exceed 50 percent of the
cost of the mailing and the remaining cost shall be paid by the
Senator from other funds available to the Senator.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$375,704,000.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
Sec. 1. Gross Rate of Compensation in Offices of Senators.
Effective on and after October 1, 2007, each of the dollar
amounts contained in the table under section 105(d)(1)(A) of
the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61-
1(d)(1)(A)) shall be deemed to be the dollar amounts in that
table, as adjusted by law and in effect on September 30, 2007,
increased by an additional $50,000 each.
Sec. 2. President pro Tempore Emeritus of the Senate. Section
7(e) of the Legislative Branch Appropriations Act, 2003 (2
U.S.C. 32b note) is amended by striking ``and the 109th
Congress'' and inserting ``, the 109th Congress, and the 110th
Congress''.
Sec. 3. Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority. (a) In General.--
Upon the written request of the Secretary of the Conference of
the Majority or the Secretary of the Conference of the
Minority, the Secretary of the Senate shall transfer from the
appropriations account appropriated under the subheading
``offices of the secretaries of the conference of the majority
and the conference of the minority'' under the heading
``Salaries, Officers and Employees'' such amount as the
Secretary of the Conference of the Majority or the Secretary of
the Conference of the Minority shall specify to the
appropriations account under the heading ``miscellaneous
items'' within the contingent fund of the Senate.
(b) Authority to Incur Expenses.--The Secretary of the
Conference of the Majority or the Secretary of the Conference
of the Minority may incur such expenses as may be necessary or
appropriate. Expenses incurred by the Secretary of the
Conference of the Majority or the Secretary of the Conference
of the Minority shall be paid from the amount transferred under
subsection (a) by the Secretary of the Conference of the
Majority or the Secretary of the Conference of the Minority and
upon vouchers approved by the Secretary of the Conference of
the Majority or the Secretary of the Conference of the
Minority, as applicable.
(c) Authority to Advance Sums.--The Secretary of the Senate
may advance such sums as may be necessary to defray expenses
incurred in carrying out subsections (a) and (b).
(d) Effective Date.--This section shall apply to fiscal year
2008 and each fiscal year thereafter.
Sec. 4. Uniform Limitation on Gross Compensation for
Employees of Committees. (a) In General.--Section 105(e) of the
Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(e))
is amended by striking paragraph (3) and inserting the
following:
``(3)(A) In this paragraph--
``(i) the term `committee of the Senate'
means--
``(I) any standing committee
(including the majority and minority
policy committees) of the Senate;
``(II) any select committee
(including the conference majority and
conference minority of the Senate); or
``(III) any joint committee the
expenses of which are paid from the
contingent fund of the Senate; and
``(ii) an employee of a subcommittee shall be
considered to be an employee of the full
committee.
``(B) Subject to adjustment as provided by law, no
employee of a committee of the Senate shall be paid at
a per annum gross rate in excess of $162,515.''.
(b) Effective Date.--The amendment made by this section shall
apply to fiscal year 2008 and each fiscal year thereafter.
Sec. 5. United States Senate-Japan Interparliamentary Group.
(a) Establishment and Meetings.--Not to exceed 12 Senators
shall be appointed to meet once per Congress with
representatives of the Diet of Japan for discussion of common
problems in the interest of relations between the United States
and Japan. The Senators so appointed shall be referred to as
the ``United States group'' of the United States Senate-Japan
Interparliamentary Group. The meetings shall take place in
Japan and Washington, D.C. alternatively.
(b) Appointment of Members.--The President of the Senate
shall appoint Senators under this section, including a Chair
and Vice Chair, upon recommendations of the majority and
minority leaders of the Senate. Such appointments shall be for
the duration of each Congress.
(c) Funding.--There is authorized to be appropriated $100,000
for each Congress to assist in meeting the expenses of the
United States group. Appropriations shall be disbursed on
vouchers to be approved by the Chair of the United States
group.
(d) Certification of Expenditures.--A report of expenditures
by the United States group shall be prepared and certified each
Congress by the Chair.
(e) Effective Date.--This section shall apply to fiscal year
2008, and each fiscal year thereafter.
Sec. 6. Orientation Seminars. (a) In General.--Section 107(a)
of the Supplemental Appropriations Act, 1979 (2 U.S.C. 69a;
Public Law 96-38) is amended in the first sentence by striking
``$25,000'' and inserting ``$30,000''.
(b) Effective Date.--The amendment made by this section shall
apply with respect to fiscal year 2008 and each fiscal year
thereafter.
Sec. 7. Media Support Services. (a) Definitions.--In this
section, the terms ``national committee'' and ``political
party'' have the meaning given such terms in section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431).
(b) In General.--The official duties of employees of the
Sergeant at Arms and Doorkeeper of the Senate under the Senate
Daily Press Gallery, the Senate Periodical Press Gallery, the
Senate Press Photographers Gallery, and the Senate Radio and
Television Correspondents Gallery may include providing media
support services with respect to the presidential nominating
conventions of the national committees of political parties.
(c) Approval of Sergeant at Arms.--The terms and conditions
under which employees perform official duties under subsection
(b) shall be subject to the approval of the Sergeant at Arms
and Doorkeeper of the Senate.
(d) Effective Date.--This section shall apply to fiscal year
2008 and each fiscal year thereafter.
Sec. 8. Consultants. With respect to fiscal year 2008, the
first sentence of section 101(a) of the Supplemental
Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) shall be applied
by substituting ``nine individual consultants'' for ``eight
individual consultants''.
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
For salaries and expenses of the House of Representatives,
$1,188,211,000, as follows:
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $24,048,000,
including: Office of the Speaker, $4,761,000, including $25,000
for official expenses of the Speaker; Office of the Majority
Floor Leader, $2,388,000, including $10,000 for official
expenses of the Majority Leader; Office of the Minority Floor
Leader, $4,290,000, including $10,000 for official expenses of
the Minority Leader; Office of the Majority Whip, including the
Chief Deputy Majority Whip, $1,894,000, including $5,000 for
official expenses of the Majority Whip; Office of the Minority
Whip, including the Chief Deputy Minority Whip, $1,420,000,
including $5,000 for official expenses of the Minority Whip;
Speaker's Office for Legislative Floor Activities, $499,000;
Republican Steering Committee, $943,000; Republican Conference,
$1,631,000; Republican Policy Committee, $325,000; Democratic
Steering and Policy Committee, $1,295,000; Democratic Caucus,
$1,604,000; nine minority employees, $1,498,000; training and
program development--majority, $290,000; training and program
development--minority, $290,000; Cloakroom Personnel--majority,
$460,000; and Cloakroom Personnel--minority, $460,000.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members'
clerk hire, official expenses, and official mail, $581,000,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $133,000,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2008.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$32,203,700, including studies and examinations of executive
agencies and temporary personal services for such committee, to
be expended in accordance with section 202(b) of the
Legislative Reorganization Act of 1946 and to be available for
reimbursement to agencies for services performed: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2008: Provided further, That
$2,403,700 shall be derived from prior year unobligated
balances from funds previously appropriated to the Committee on
Appropriations.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $166,785,000, including: for salaries and
expenses of the Office of the Clerk, including not more than
$13,000, of which not more than $10,000 is for the Family Room,
for official representation and reception expenses,
$22,423,000; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of
Garages, and including not more than $3,000 for official
representation and reception expenses, $6,884,000; for salaries
and expenses of the Office of the Chief Administrative Officer,
$114,553,000, of which $6,269,000 shall remain available until
expended; for salaries and expenses of the Office of the
Inspector General, $4,368,000; for salaries and expenses of the
Office of Emergency Planning, Preparedness and Operations,
$3,049,000, to remain available until expended; for salaries
and expenses of the Office of General Counsel, $1,178,000; for
the Office of the Chaplain, $166,000; for salaries and expenses
of the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules, and
not more than $1,000 for official representation and reception
expenses, $1,799,000; for salaries and expenses of the Office
of the Law Revision Counsel of the House, $2,939,000; for
salaries and expenses of the Office of the Legislative Counsel
of the House, $7,258,000; for salaries and expenses of the
Office of Interparliamentary Affairs, $702,000; for other
authorized employees, $1,016,000; and for salaries and expenses
of the Office of the Historian, $450,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution
or law, $254,174,000, including: supplies, materials,
administrative costs and Federal tort claims, $3,588,000;
official mail for committees, leadership offices, and
administrative offices of the House, $310,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $227,455,000; supplies,
materials, and other costs relating to the House portion of
expenses for the Capitol Visitor Center, $2,262,000, to remain
available until expended; Business Continuity and Disaster
Recovery, $16,856,000, of which $5,408,000 shall remain
available until expended; and miscellaneous items including
purchase, exchange, maintenance, repair and operation of House
motor vehicles, interparliamentary receptions, and gratuities
to heirs of deceased employees of the House, $703,000.
Child Care Center
For salaries and expenses of the House of Representatives
Child Care Center, such amounts as are deposited in the account
established by section 312(d)(1) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2112), subject to the level
specified in the budget of the Center, as submitted to the
Committee on Appropriations of the House of Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or
To Reduce the Federal Debt.--Notwithstanding any other
provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2008. Any amount remaining after all payments are
made under such allowances for fiscal year 2008 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
Sec. 102. Contract for Exercise Facility.--(a) Section 103(a)
of the Legislative Branch Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 3175), is amended by striking ``private
entity'' and inserting ``public or private entity''.
(b) The amendment made by subsection (a) shall take effect as
if included in the enactment of the Legislative Branch
Appropriations Act, 2005.
Sec. 103. Deposits.--(a) The second sentence of section 101
of the Legislative Branch Appropriations Act, 1996 (2 U.S.C.
117j) is amended by striking ``deposited in the Treasury as
miscellaneous receipts'' and inserting ``deposited in the
Treasury for credit to the account of the Office of the Chief
Administrative Officer''.
(b) The amendments made by this section shall apply with
respect to fiscal year 2008 and each succeeding fiscal year.
Sec. 104. House Services Revolving Fund.--(a) Section 105(b)
of the Legislative Branch Appropriations Act, 2005 (2 U.S.C.
117m(b)) is amended by striking ``the Chief Administrative
Officer'' and inserting the following: ``the Chief
Administrative Officer, including purposes relating to energy
and water conservation and environmental activities carried out
in buildings, facilities, and grounds under the Chief
Administrative Officer's jurisdiction,''.
(b) The amendments made by this section shall apply with
respect to fiscal year 2008 and each succeeding fiscal year.
Sec. 105. Adjustment.--The first sentence of section 5 of
House Resolution 1238, Ninety-first Congress, agreed to
December 22, 1970 (as enacted into permanent law by chapter
VIII of the Supplemental Appropriations Act, 1971) (2 U.S.C.
31b-5), is amended by striking ``step 1 of level 6'' and
inserting ``step 7 of level 11''.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,398,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$9,220,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
Joint Congressional Committee on Inaugural Ceremonies of 2009
For salaries and expenses associated with conducting the
inaugural ceremonies of the President and Vice President of the
United States, January 20, 2009, in accordance with such
program as may be adopted by the joint congressional committee
authorized to conduct the inaugural ceremonies of 2009,
$1,240,000 to be disbursed by the Secretary of the Senate and
to remain available until September 30, 2009. Funds made
available under this heading shall be available for payment, on
a direct or reimbursable basis, whether incurred on, before, or
after, October 1, 2008: Provided, That the compensation of any
employee of the Committee on Rules and Administration of the
Senate who has been designated to perform service with respect
to the inaugural ceremonies of 2009 shall continue to be paid
by the Committee on Rules and Administration, but the account
from which such staff member is paid may be reimbursed for the
services of the staff member (including agency contributions
when appropriate) out of funds made available under this
heading.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month to
the Attending Physician; (2) an allowance of $725 per month
each to four medical officers while on duty in the Office of
the Attending Physician; (3) an allowance of $725 per month to
two assistants and $580 per month each not to exceed 11
assistants on the basis heretofore provided for such
assistants; and (4) $2,063,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $2,798,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and
Special Services Office, $5,348,000, to be disbursed by the
Secretary of the Senate.
Statements of Appropriations
For the preparation, under the direction of the Committees on
Appropriations of the Senate and the House of Representatives,
of the statements for the first session of the 110th Congress,
showing appropriations made, indefinite appropriations, and
contracts authorized, together with a chronological history of
the regular appropriations bills as required by law, $30,000,
to be paid to the persons designated by the chairmen of such
committees to supervise the work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government
contributions for health, retirement, social security,
professional liability insurance, and other applicable employee
benefits, $232,800,000, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and reception
expenses, $48,900,000, to be disbursed by the Chief of the
Capitol Police or his designee: Provided, That, notwithstanding
any other provision of law, the cost of basic training for the
Capitol Police at the Federal Law Enforcement Training Center
for fiscal year 2008 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland
Security.
Administrative Provisions
(INCLUDING TRANSFER OF FUNDS)
Sec. 1001. Transfer Authority.--Amounts appropriated for
fiscal year 2008 for the Capitol Police may be transferred
between the headings ``salaries'' and ``general expenses'' upon
the approval of the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 1002. Advance Payments.--During fiscal year 2008 and
each succeeding fiscal year, following notification of the
Committees on Appropriations of the House of Representatives
and the Senate, the Chief of the Capitol Police may make
payments in advance for obligations of the United States
Capitol Police for subscription services if the Chief
determines it to be more prompt, efficient, or economical to do
so.
Sec. 1003. Utility Tunnel Repairs.--(a) From the unexpended
balances available under the heading ``Architect of the
Capitol, Capitol Power Plant'' in chapter 6 of title V of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28; 111 Stat. 167), $876,000 are hereby rescinded.
(b) In addition to the amounts otherwise made available in
this Act under the heading ``Capitol Police, Salaries'', there
is appropriated $876,000 for expenses under such heading
resulting from any utility tunnel repairs and asbestos
abatement activities carried out by the Architect of the
Capitol: Provided, That the amount provided by this section is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
Sec. 1004. United States Capitol Police and Library of
Congress Police Merger.--(a) Short Title.--This section may be
cited as the ``U.S. Capitol Police and Library of Congress
Police Merger Implementation Act of 2007''.
(b) Transfer of Personnel.--
(1) Transfers.--
(A) Library of congress police employees.--
Effective on the employee's transfer date, each
Library of Congress Police employee shall be
transferred to the United States Capitol Police
and shall become either a member or civilian
employee of the Capitol Police, as determined
by the Chief of the Capitol Police under
paragraph (2).
(B) Library of congress police civilian
employees.--Effective on the employee's
transfer date, each Library of Congress Police
civilian employee shall be transferred to the
United States Capitol Police and shall become a
civilian employee of the Capitol Police.
(2) Treatment of library of congress police
employees.--
(A) Determination of status within capitol
police.--
(i) Eligibility to serve as members
of the capitol police.--A Library of
Congress Police employee shall become a
member of the Capitol Police on the
employee's transfer date if the Chief
of the Capitol Police determines and
issues a written certification that the
employee meets each of the following
requirements:
(I) Based on the assumption
that such employee would
perform a period of continuous
Federal service after the
transfer date, the employee
would be entitled to an annuity
for immediate retirement under
section 8336(b) or 8412(b) of
title 5, United States Code (as
determined by taking into
account subparagraph (C)(i)),
on the date such employee
becomes 60 years of age.
(II) During the transition
period, the employee
successfully completes
training, as determined by the
Chief of the Capitol Police.
(III) The employee meets the
qualifications required to be a
member of the Capitol Police,
as determined by the Chief of
the Capitol Police.
(ii) Service as civilian employee of
capitol police.--If the Chief of the
Capitol Police determines that a
Library of Congress Police employee
does not meet the eligibility
requirements, the employee shall become
a civilian employee of the Capitol
Police on the employee's transfer date.
(iii) Finality of determinations.--
Any determination of the Chief of the
Capitol Police under this subparagraph
shall not be appealable or reviewable
in any manner.
(iv) Deadline for determinations.--
The Chief of the Capitol Police shall
complete the determinations required
under this subparagraph for all Library
of Congress Police employees not later
than September 30, 2009.
(B) Exemption from mandatory separation.--
Section 8335(c) or 8425(c) of title 5, United
States Code, shall not apply to any Library of
Congress Police employee who becomes a member
of the Capitol Police under this subsection,
until the earlier of--
(i) the date on which the individual
is entitled to an annuity for immediate
retirement under section 8336(b) or
8412(b) of title 5, United States Code;
or
(ii) the date on which the
individual--
(I) is 57 years of age or
older; and
(II) is entitled to an
annuity for immediate
retirement under section
8336(m) or 8412(d) of title 5,
United States Code, (as
determined by taking into
account subparagraph (C)(i)).
(C) Treatment of prior creditable service for
retirement purposes.--
(i) Prior service for purposes of
eligibility for immediate retirement as
member of capitol police.--Any Library
of Congress Police employee who becomes
a member of the Capitol Police under
this subsection shall be entitled to
have any creditable service under
section 8332 or 8411 of title 5, United
States Code, that was accrued prior to
becoming a member of the Capitol Police
included in calculating the employee's
service as a member of the Capitol
Police for purposes of section 8336(m)
or 8412(d) of title 5, United States
Code.
(ii) Prior service for purposes of
computation of annuity.--Any creditable
service under section 8332 or 8411 of
title 5, United States Code, of an
individual who becomes a member of the
Capitol Police under this paragraph
that was accrued prior to becoming a
member of the Capitol Police--
(I) shall be treated and
computed as employee service
under section 8339 or section
8415 of such title; but
(II) shall not be treated as
service as a member of the
Capitol Police or service as a
congressional employee for
purposes of applying any
formula under section 8339(b),
8339(q), 8415(c), or 8415(d) of
such title under which a
percentage of the individual's
average pay is multiplied by
the years (or other period) of
such service.
(3) Duties of employees transferred to civilian
positions.--
(A) Duties.--The duties of any individual who
becomes a civilian employee of the Capitol
Police under this section, including a Library
of Congress Police civilian employee under
paragraph (1)(B) and a Library of Congress
Police employee who becomes a civilian employee
of the Capitol Police under paragraph
(2)(A)(ii), shall be determined solely by the
Chief of the Capitol Police, except that a
Library of Congress Police civilian employee
under paragraph (1)(B) shall continue to
support Library of Congress police operations
until all Library of Congress Police employees
are transferred to the United States Capitol
Police under this section.
(B) Finality of determinations.--Any
determination of the Chief of the Capitol
Police under this paragraph shall not be
appealable or reviewable in any manner.
(4) Protecting status of transferred employees.--
(A) Nonreduction in pay, rank, or grade.--The
transfer of any individual under this
subsection shall not cause that individual to
be separated or reduced in basic pay, rank or
grade.
(B) Leave and compensatory time.--Any annual
leave, sick leave, or other leave, or
compensatory time, to the credit of an
individual transferred under this subsection
shall be transferred to the credit of that
individual as a member or an employee of the
Capitol Police (as the case may be). The
treatment of leave or compensatory time
transferred under this subsection shall be
governed by regulations of the Capitol Police
Board.
(C) Prohibiting imposition of probationary
period.--The Chief of the Capitol Police may
not impose a period of probation on any
individual who is transferred under this
section.
(5) Rules of construction relating to employee
representation.--
(A) Employee representation.--Nothing in this
section shall be construed to authorize any
labor organization that represented an
individual who was a Library of Congress police
employee or a Library of Congress police
civilian employee before the individual's
transfer date to represent that individual as a
member of the Capitol Police or an employee of
the Capitol Police after the individual's
transfer date.
(B) Agreements not applicable.--Nothing in
this section shall be construed to authorize
any collective bargaining agreement (or any
related court order, stipulated agreement, or
agreement to the terms or conditions of
employment) applicable to Library of Congress
police employees or to Library of Congress
police civilian employees to apply to members
of the Capitol Police or to civilian employees
of the Capitol Police.
(6) Rule of construction relating to personnel
authority of the chief of the capitol police.--Nothing
in this section shall be construed to affect the
authority of the Chief of the Capitol Police to--
(A) terminate the employment of a member of
the Capitol Police or a civilian employee of
the Capitol Police; or
(B) transfer any individual serving as a
member of the Capitol Police or a civilian
employee of the Capitol Police to another
position with the Capitol Police.
(7) Transfer date defined.--In this section, the term
``transfer date'' means, with respect to an employee--
(A) in the case of a Library of Congress
Police employee who becomes a member of the
Capitol Police, the first day of the first pay
period applicable to members of the United
States Capitol Police which begins after the
date on which the Chief of the Capitol Police
issues the written certification for the
employee under paragraph (2)(A);
(B) in the case of a Library of Congress
Police employee who becomes a civilian employee
of the Capitol Police, the first day of the
first pay period applicable to employees of the
United States Capitol Police which begins after
September 30, 2009; or
(C) in the case of a Library of Congress
Police civilian employee, the first day of the
first pay period applicable to employees of the
United States Capitol Police which begins after
September 30, 2008.
(8) Cancellation in portion of unobligated balance of
fedlink revolving fund .--Amounts available for
obligation by the Librarian of Congress as of the date
of the enactment of this Act from the unobligated
balance in the revolving fund established under section
103 of the Library of Congress Fiscal Operations
Improvement Act of 2000 (2 U.S.C. 182c) for the Federal
Library and Information Network program of the Library
of Congress and the Federal Research program of the
Library of Congress are reduced by a total of $560,000,
and the amount so reduced is hereby cancelled.
(c) Transition Provisions.--
(1) Transfer and allocations of property and
appropriations.--
(A) In general.--Effective on the transfer
date of any Library of Congress Police employee
and Library of Congress Police civilian
employee who is transferred under this
section--
(i) the assets, liabilities,
contracts, property, and records
associated with the employee shall be
transferred to the Capitol Police; and
(ii) the unexpended balances of
appropriations, authorizations,
allocations, and other funds employed,
used, held, arising from, available to,
or to be made available in connection
with the employee shall be transferred
to and made available under the
appropriations accounts for the Capitol
Police for ``Salaries'' and ``General
Expenses'', as applicable.
(B) Joint review.--During the transition
period, the Chief of the Capitol Police and the
Librarian of Congress shall conduct a joint
review of the assets, liabilities, contracts,
property records, and unexpended balances of
appropriations, authorizations, allocations,
and other funds employed, used, held, arising
from, available to, or to be made available in
connection with the transfer under this
section.
(2) Treatment of alleged violations of certain
employment laws with respect to transferred
individuals.--
(A) In general.--Notwithstanding any other
provision of law and except as provided in
subparagraph (C), in the case of an alleged
violation of any covered law (as defined in
subparagraph (D)) which is alleged to have
occurred prior to the transfer date with
respect to an individual who is transferred
under this section, and for which the
individual has not exhausted all of the
remedies available for the consideration of the
alleged violation which are provided for
employees of the Library of Congress under the
covered law prior to the transfer date, the
following shall apply:
(i) The individual may not initiate
any procedure which is available for
the consideration of the alleged
violation of the covered law which is
provided for employees of the Library
of Congress under the covered law.
(ii) To the extent that the
individual has initiated any such
procedure prior to the transfer date,
the procedure shall terminate and have
no legal effect.
(iii) Subject to subparagraph (B),
the individual may initiate and
participate in any procedure which is
available for the resolution of
grievances of officers and employees of
the Capitol Police under the
Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.) to provide
for consideration of the alleged
violation. The previous sentence does
not apply in the case of an alleged
violation for which the individual
exhausted all of the available remedies
which are provided for employees of the
Library of Congress under the covered
law prior to the transfer date.
(B) Special rules for applying congressional
accountability act of 1995.--In applying
subparagraph (A)(iii) with respect to an
individual to whom this subsection applies, for
purposes of the consideration of the alleged
violation under the Congressional
Accountability Act of 1995--
(i) the date of the alleged violation
shall be the individual's transfer
date;
(ii) notwithstanding the third
sentence of section 402(a) of such Act
(2 U.S.C. 1402(a)), the individual's
request for counseling under such
section shall be made not later than 60
days after the date of the alleged
violation; and
(iii) the employing office of the
individual at the time of the alleged
violation shall be the Capitol Police
Board.
(C) Exception for alleged violations subject
to hearing prior to transfer.--Subparagraph (A)
does not apply with respect to an alleged
violation for which a hearing has commenced in
accordance with the covered law on or before
the transfer date.
(D) Covered law defined.--In this paragraph,
a ``covered law'' is any law for which the
remedy for an alleged violation is provided for
officers and employees of the Capitol Police
under the Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.)
(3) Availability of detailees during transition
period.--During the transition period, the Chief of the
Capitol Police may detail additional members of the
Capitol Police to the Library of Congress, without
reimbursement.
(4) Effect on existing memorandum of understanding.--
The Memorandum of Understanding between the Library of
Congress and the Capitol Police entered into on
December 12, 2004, shall remain in effect during the
transition period, subject to--
(A) the provisions of this section; and
(B) such modifications as may be made in
accordance with the modification and dispute
resolution provisions of the Memorandum of
Understanding, consistent with the provisions
of this section.
(5) Rule of construction relating to personnel
authority of the librarian of congress.--Nothing in
this section shall be construed to affect the authority
of the Librarian of Congress to--
(A) terminate the employment of a Library of
Congress Police employee or Library of Congress
Police civilian employee; or
(B) transfer any individual serving in a
Library of Congress Police employee position or
Library of Congress Police civilian employee
position to another position at the Library of
Congress.
(d) Police Jurisdiction, Unlawful Activities, and
Penalties.--
(1) Jurisdiction.--
(A) Extension of capitol police
jurisdiction.--Section 9 of the Act entitled
``An Act to define the area of the United
States Capitol Grounds, to regulate the use
thereof, and for other purposes'', approved
July 31, 1946 (2 U.S.C. 1961) is amended by
adding at the end the following:
``(d) For purposes of this section, `United States Capitol
Buildings and Grounds' shall include the Library of Congress
buildings and grounds described under section 11 of the Act
entitled `An Act relating to the policing of the buildings of
the Library of Congress', approved August 4, 1950 (2 U.S.C.
167j), except that in a case of buildings or grounds not
located in the District of Columbia, the authority granted to
the Metropolitan Police Force of the District of Columbia shall
be granted to any police force within whose jurisdiction the
buildings or grounds are located.''.
(B) Repeal of library of congress police
jurisdiction.--The first section and sections 7
and 9 of the Act of August 4, 1950 (2 U.S.C.
167, 167f, 167h) are repealed on October 1,
2009.
(2) Unlawful activities and penalties.--
(A) Extension of united states capitol
buildings and grounds provisions to the library
of congress buildings and grounds.--
(i) Capitol buildings.--Section 5101
of title 40, United States Code, is
amended by inserting ``all buildings on
the real property described under
section 5102(d)'' after ``(including
the Administrative Building of the
United States Botanic Garden)''.
(ii) Capitol grounds.--Section 5102
of title 40, United States Code, is
amended by adding at the end the
following:
``(d) Library of Congress Buildings and Grounds.--
``(1) In general.--Except as provided under paragraph
(2), the United States Capitol Grounds shall include
the Library of Congress grounds described under section
11 of the Act entitled `An Act relating to the policing
of the buildings of the Library of Congress', approved
August 4, 1950 (2 U.S.C. 167j).
``(2) Authority of librarian of congress.--
Notwithstanding subsections (a) and (b), the Librarian
of Congress shall retain authority over the Library of
Congress buildings and grounds in accordance with
section 1 of the Act of June 29, 1922 (2 U.S.C. 141; 42
Stat. 715).''.
(iii) Conforming amendment relating
to disorderly conduct.--Section
5104(e)(2) of title 40, United States
Code, is amended by striking
subparagraph (C) and inserting the
following:
``(C) with the intent to disrupt the
orderly conduct of official business,
enter or remain in a room in any of the
Capitol Buildings set aside or
designated for the use of--
``(i) either House of
Congress or a Member,
committee, officer, or employee
of Congress, or either House of
Congress; or
``(ii) the Library of
Congress;''.
(B) Repeal of offenses and penalties specific
to the library of congress.--Sections 2, 3, 4,
5, 6, and 8 of the Act of August 4, 1950 (2
U.S.C. 167a, 167b, 167c, 167d, 167e, and 167g)
are repealed.
(C) Suspension of prohibitions against use of
library of congress buildings and grounds.--
Section 10 of the Act of August 4, 1950 (2
U.S.C. 167i) is amended by striking ``2 to 6,
inclusive, of this Act'' and inserting ``5103
and 5104 of title 40, United States Code''.
(D) Conforming amendment to description of
library of congress grounds.--Section 11 of the
Act of August 4, 1950 (2 U.S.C. 167j) is
amended--
(i) in subsection (a), by striking
``For the purposes of this Act the''
and inserting ``The'';
(ii) in subsection (b), by striking
``For the purposes of this Act the''
and inserting ``The'';
(iii) in subsection (c), by striking
``For the purposes of this Act the''
and inserting ``The''; and
(iv) in subsection (d), by striking
``For the purposes of this Act the''
and inserting ``The''.
(3) Conforming amendment relating to jurisdiction of
inspector general of library of congress.--Section
1307(b)(1) of the Legislative Branch Appropriations
Act, 2006 (2 U.S.C. 185(b)), is amended by striking the
semicolon at the end and inserting the following: ``,
except that nothing in this paragraph may be construed
to authorize the Inspector General to audit or
investigate any operations or activities of the United
States Capitol Police;''.
(4) Effective date.--The amendments made by this
section shall take effect October 1, 2009.
(e) Collections, Physical Security, Control, and Preservation
of Order and Decorum Within the Library.--
(1) Establishment of regulations.--The Librarian of
Congress shall establish standards and regulations for
the physical security, control, and preservation of the
Library of Congress collections and property, and for
the maintenance of suitable order and decorum within
Library of Congress.
(2) Treatment of security systems.--
(A) Responsibility for security systems.--In
accordance with the authority of the Capitol
Police and the Librarian of Congress
established under this section, the amendments
made by this section, and the provisions of law
referred to in subparagraph (C), the Chief of
the Capitol Police and the Librarian of
Congress shall be responsible for the operation
of security systems at the Library of Congress
buildings and grounds described under section
11 of the Act of August 4, 1950, in
consultation and coordination with each other,
subject to the following:
(i) The Librarian of Congress shall
be responsible for the design of
security systems for the control and
preservation of Library collections and
property, subject to the review and
approval of the Chief of the Capitol
Police.
(ii) The Librarian of Congress shall
be responsible for the operation of
security systems at any building or
facility of the Library of Congress
which is located outside of the
District of Columbia, subject to the
review and approval of the Chief of the
Capitol Police.
(B) Initial proposal for operation of
systems.--Not later than October 1, 2008, the
Chief of the Capitol Police, in coordination
with the Librarian of Congress, shall prepare
and submit to the Committee on House
Administration of the House of Representatives,
the Committee on Rules and Administration of
the Senate, and the Committees on
Appropriations of the House of Representatives
and the Senate an initial proposal for carrying
out this paragraph.
(C) Provisions of law.--The provisions of law
referred to in this subparagraph are as
follows:
(i) Section 1 of the Act of June 29,
1922 (2 U.S.C. 141).
(ii) The undesignated provision under
the heading ``General Provision, This
Chapter'' in chapter 5 of title II of
division B of the Omnibus Consolidated
and Emergency Supplemental
Appropriations Act, 1999 (2 U.S.C.
141a).
(iii) Section 308 of the Legislative
Branch Appropriations Act, 1996 (2
U.S.C. 1964).
(iv) Section 308 of the Legislative
Branch Appropriations Act, 1997 (2
U.S.C. 1965).
(f) Payment of Capitol Police Services Provided in Connection
With Relating to Library of Congress Special Events.--
(1) Payments of amounts deposited in revolving
fund.--Section 102(e) of the Library of Congress Fiscal
Operations Improvement Act of 2000 (2 U.S.C. 182b(e))
is amended to read as follows:
``(e) Use of Amounts.--
``(1) In general.--Except as provided in paragraph
(2), amounts in the accounts of the revolving fund
under this section shall be available to the Librarian,
in amounts specified in appropriations Acts and without
fiscal year limitation, to carry out the programs and
activities covered by such accounts.
``(2) Special rule for payments for certain capitol
police services.--In the case of any amount in the
revolving fund consisting of a payment received for
services of the United States Capitol Police in
connection with a special event or program described in
subsection (a)(4), the Librarian shall transfer such
amount upon receipt to the Capitol Police for deposit
into the applicable appropriations accounts of the
Capitol Police.''.
(2) Use of other library funds to make payments.--In
addition to amounts transferred pursuant to section
102(e)(2) of the Library of Congress Fiscal Operations
Improvement Act of 2000 (as added by paragraph (1)),
the Librarian of Congress may transfer amounts made
available for salaries and expenses of the Library of
Congress during a fiscal year to the applicable
appropriations accounts of the United States Capitol
Police in order to reimburse the Capitol Police for
services provided in connection with a special event or
program described in section 102(a)(4) of such Act.
(3) Effective date.--The amendments made by this
subsection shall apply with respect to services
provided by the United States Capitol Police on or
after the date of the enactment of this Act.
(g) Other Conforming Amendments.--
(1) In general.--Section 1015 of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 1901 note)
and section 1006 of the Legislative Branch
Appropriations Act, 2004 (2 U.S.C. 1901 note; Public
Law 108-83; 117 Stat. 1023) are repealed.
(2) Effective date.--The amendments made by paragraph
(1) shall take effect October 1, 2009.
(h) Definitions.--In this section--
(1) the term ``Act of August 4, 1950'' means the Act
entitled ``An Act relating to the policing of the
buildings and grounds of the Library of Congress,'' (2
U.S.C. 167 et seq.);
(2) the term ``Library of Congress Police employee''
means an employee of the Library of Congress designated
as police under the first section of the Act of August
4, 1950 (2 U.S.C. 167);
(3) the term ``Library of Congress Police civilian
employee'' means an employee of the Library of Congress
Office of Security and Emergency Preparedness who
provides direct administrative support to, and is
supervised by, the Library of Congress Police, but
shall not include an employee of the Library of
Congress who performs emergency preparedness or
collections control and preservation functions; and
(4) the term ``transition period'' means the period
the first day of which is the date of the enactment of
this Act and the final day of which is September 30,
2009.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $3,350,000, of which $700,000
shall remain available until September 30, 2009: Provided, That
the Executive Director of the Office of Compliance may, within
the limits of available appropriations, dispose of surplus or
obsolete personal property by interagency transfer, donation,
or discarding: Provided further, That not more than $500 may be
expended on the certification of the Executive Director of the
Office of Compliance in connection with official representation
and reception expenses.
Administrative Provision
Sec. 1101. Compensation of Board and Officers of the Office
of Compliance. (a) Members of the Board of Directors.--Section
301(g) of the Congressional Accountability Act of 1995 (2
U.S.C. 1381(g)) is amended by striking paragraph (1) and
inserting the following:
``(1) Per diem.--
``(A) Rate of compensation for each day.--
Each member of the Board shall be compensated,
for each day (including travel time) during
which such member is engaged in the performance
of the duties of the Board, at a rate equal to
the daily equivalent of the lesser of--
``(i) the highest annual rate of
compensation of any officer of the
Senate; or
``(ii) the highest annual rate of
compensation of any officer of the
House of Representatives.
``(B) Authority to prorate.--The rate of pay
of a member may be prorated based on the
portion of the day during which the member is
engaged in the performance of Board duties.''.
(b) Officers.--Section 302 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1382) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) Compensation.--
``(A) Authority to fix compensation.--The
Chair may fix the compensation of the Executive
Director.
``(B) Limitation.--The rate of pay for the
Executive Director may not exceed the lesser
of--
``(i) the highest annual rate of
compensation of any officer of the
Senate; or
``(ii) the highest annual rate of
compensation of any officer of the
House of Representatives.'';
(2) in subsection (b), by striking paragraph (3) and
inserting the following:
``(3) Compensation.--
``(A) Authority to fix compensation.--The
Chair may fix the compensation of the Deputy
Executive Directors.
``(B) Limitation.--The rate of pay for a
Deputy Executive Director may not exceed 96
percent of the lesser of--
``(i) the highest annual rate of
compensation of any officer of the
Senate; or
``(ii) the highest annual rate of
compensation of any officer of the
House of Representatives.'';
(3) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Compensation.--
``(A) Authority to fix compensation.--The
Chair may fix the compensation of the General
Counsel.
``(B) Limitation.--The rate of pay for the
General Counsel may not exceed the lesser of--
``(i) the highest annual rate of
compensation of any officer of the
Senate; or
``(ii) the highest annual rate of
compensation of any officer of the
House of Representatives.''; and
(4) in subsection (e), by striking ``General
Accounting Office'' and inserting ``Government
Accountability Office''.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $4,000 to
be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $37,399,000.
Administrative Provision
Sec. 1201. Executive Exchange Program for the Congressional
Budget Office. (a) In General.--The Director of the
Congressional Budget Office may establish and conduct an
executive exchange program under which employees of the Office
may be assigned to private sector organizations, and employees
of private sector organizations may be assigned to the Office,
for 1-year periods to further the institutional interests of
the Office or Congress, including for the purpose of providing
training to officers and employees of the Office.
(b) Limitations and Conditions.--The Director of the
Congressional Budget Office shall--
(1) limit the number of officers and employees who
are assigned to private sector organizations at any one
time to not more than 3;
(2) limit the number of employees from private sector
organizations who are assigned to the Office at any one
time to not more than 3;
(3) require that an employee of a private sector
organization assigned to the Office may not have access
to any trade secrets or to any other nonpublic
information which is of commercial value to the private
sector organization from which such employee is
assigned; and
(4) approve employees to be detailed from the private
sector without regard to political affiliation and
solely on the basis of their fitness to perform their
assigned duties.
(c) Treatment of Private Employees.--An employee of a private
sector organization assigned to the Office under the executive
exchange program shall be considered to be an employee of the
Office for purposes of--
(1) chapter 73 of title 5, United States Code;
(2) sections 201, 203, 205, 207, 208, 209, 603, 606,
607, 643, 654, 1905, and 1913 of title 18, United
States Code;
(3) sections 1343, 1344, and 1349(b) of title 31,
United States Code;
(4) chapter 171 of title 28, United States Code
(commonly referred to as the ``Federal Tort Claims
Act'') and any other Federal tort liability statute;
(5) the Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(6) section 1043 of the Internal Revenue Code of
1986.
(d) Termination of Assignments.--No assignment under this
section shall commence after the end of the 2-year period
beginning on the date of enactment of this section.
(e) Effective Date.--Subject to subsection (d), this section
shall apply to fiscal year 2008 and each fiscal year
thereafter.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for surveys
and studies in connection with activities under the care of the
Architect of the Capitol; for all necessary expenses for the
general and administrative support of the operations under the
Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or exchange,
maintenance, and operation of a passenger motor vehicle,
$79,897,000, of which $400,000 shall remain available until
September 30, 2012.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $24,090,000, of which $8,290,000
shall remain available until September 30, 2012.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $10,090,000, of which
$500,000 shall remain available until September 30, 2012.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision of
the Architect of the Capitol, $70,283,000, of which $14,400,000
shall remain available until September 30, 2012.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $65,635,000, of which
$25,400,000 shall remain available until September 30, 2012.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such
buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for
air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $85,310,000,
of which $3,155,000 shall remain available until September 30,
2012: Provided, That not more than $8,000,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2008.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $27,553,000, of which $4,890,000 shall remain
available until September 30, 2012.
Capitol Police Buildings, Grounds, and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and AOC security operations,
$14,966,000, of which $1,000,000 shall remain available until
September 30, 2012.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on the
Library, $8,808,000: Provided, That of the amount made
available under this heading, the Architect may obligate and
expend such sums as may be necessary for the maintenance, care
and operation of the National Garden established under section
307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect or a duly
authorized designee.
Capitol Visitor Center
For an additional amount for the Capitol Visitor Center
project, $28,753,000, to remain available until expended, of
which up to $8,500,000 may be used for Capitol Visitor Center
operations: Provided, That the Architect of the Capitol may not
obligate any of the funds which are made available for the
Capitol Visitor Center project without an obligation plan
approved by the Committees on Appropriations of the Senate and
House of Representatives.
Administrative Provisions
Sec. 1301. Inspector General of the Architect of the Capitol.
(a) Short Title.--This section may be cited as the ``Architect
of the Capitol Inspector General Act of 2007''.
(b) Office of Inspector General.--There is an Office of
Inspector General within the Office of the Architect of the
Capitol which is an independent objective office to--
(1) conduct and supervise audits and investigations
relating to the Architect of the Capitol;
(2) provide leadership and coordination and recommend
policies to promote economy, efficiency, and
effectiveness; and
(3) provide a means of keeping the Architect of the
Capitol and the Congress fully and currently informed
about problems and deficiencies relating to the
administration of programs and operations of the
Architect of the Capitol.
(c) Appointment of Inspector General; Supervision; Removal.--
(1) Appointment and supervision.--
(A) In general.--There shall be at the head
of the Office of Inspector General, an
Inspector General who shall be appointed by the
Architect of the Capitol, in consultation with
the Inspectors General of the Library of
Congress, Government Printing Office,
Government Accountability Office, and United
States Capitol Police. The appointment shall be
made without regard to political affiliation
and solely on the basis of integrity and
demonstrated ability in accounting, auditing,
financial analysis, law, management analysis,
public administration, or investigations. The
Inspector General shall report to, and be under
the general supervision of, the Architect of
the Capitol.
(B) Audits, investigations, reports, and
other duties and responsibilities.--The
Architect of the Capitol shall have no
authority to prevent or prohibit the Inspector
General from--
(i) initiating, carrying out, or
completing any audit or investigation;
(ii) issuing any subpoena during the
course of any audit or investigation;
(iii) issuing any report; or
(iv) carrying out any other duty or
responsibility of the Inspector General
under this section.
(2) Removal.--The Inspector General may be removed
from office by the Architect of the Capitol. The
Architect of the Capitol shall, promptly upon such
removal, communicate in writing the reasons for any
such removal to each House of Congress.
(3) Compensation.--The Inspector General shall be
paid at an annual rate of pay equal to $1,500 less than
the annual rate of pay of the Architect of the Capitol.
(d) Duties, Responsibilities, Authority, and Reports.--
(1) In general.--Sections 4, 5 (other than
subsections (a)(13) and (e)(1)(B) thereof), 6 (other
than subsection (a)(7) and (8) thereof), and 7 of the
Inspector General Act of 1978 (5 U.S.C. App.) shall
apply to the Inspector General of the Architect of the
Capitol and the Office of such Inspector General and
such sections shall be applied to the Office of the
Architect of the Capitol and the Architect of the
Capitol by substituting--
(A) ``Office of the Architect of the
Capitol'' for ``establishment''; and
(B) ``Architect of the Capitol'' for ``head
of the establishment''.
(2) Employees.--The Inspector General, in carrying
out this section, is authorized to select, appoint, and
employ such officers and employees (including
consultants) as may be necessary for carrying out the
functions, powers, and duties of the Office of
Inspector General subject to the provisions of law
governing selections, appointments, and employment in
the Office of the Architect of the Capitol.
(e) Transfers.--All functions, personnel, and budget
resources of the Office of the Inspector General of the
Architect of the Capitol as in effect before the effective date
of this section are transferred to the Office of Inspector
General described under subsection (b).
(f) References.--References in any other Federal law,
Executive order, rule, regulation, or delegation of authority,
or any document of or relating to the Inspector General of the
Architect of the Capitol shall be deemed to refer to the
Inspector General as set forth under this section.
(g) First Appointment.--By the date occurring 180 days after
the date of enactment of this Act, the Architect of the Capitol
shall appoint an individual to the position of Inspector
General of the Architect of the Capitol described under
subparagraph (A) of subsection (c)(1) in accordance with that
subparagraph.
(h) Effective Date.--
(1) In general.--Except as provided under paragraph
(2), this section shall take effect 180 days after the
date of enactment of this Act and apply with respect to
fiscal year 2008 and each fiscal year thereafter.
(2) First appointment.--Subsection (g) shall take
effect on the date of enactment of this Act and the
Architect of the Capitol shall take such actions as
necessary after such date of enactment to carry out
that subsection.
Sec. 1302. Flexible Work Schedules. Notwithstanding section
6101 of title 5, United States Code, the Architect of the
Capitol may establish and conduct a pilot program to test
flexible work schedules within the Architect of the Capitol and
Botanic Garden. Such pilot program shall be in accordance with
chapter 61 of title 5, United States Code. This authority shall
terminate effective September 30, 2008.
Sec. 1303. Travel and Transportation. (a) In General.--
Section 5721(1) of title 5, United States Code, is amended--
(1) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively; and
(2) by inserting after subparagraph (F) the
following:
``(G) the Architect of the Capitol;''.
(b) Demonstration Program.--Section 521(1)(B) of the National
Energy Conservation Policy Act (42 U.S.C. 8241(1)(B)) is
amended by striking ``paragraphs (B) through (H)'' and
inserting ``subparagraphs (B) through (I)''.
Sec. 1304. Advance Payments.--During fiscal year 2008 and
each succeeding fiscal year, following notification of the
Committees on Appropriations of the House of Representatives
and the Senate, the Architect of the Capitol may make payments
in advance for obligations of the Office of the Architect of
the Capitol for subscription services if the Architect
determines it to be more prompt, efficient, or economical to do
so.
Sec. 1305. CVC Maintenance.--For maintenance purposes, the
Capitol Visitor Center (CVC) is considered an extension of the
Capitol Building, and the maintenance functions for the CVC's
infrastructure is the responsibility of the Architect of the
Capitol. Starting in fiscal year 2008, and each fiscal year
thereafter, the CVC's facilities maintenance budget and
associated payroll will be included with the Capitol Building's
appropriation budget, and integrated in such a way as to
facilitate the reporting of expenses associated with the
maintenance of the CVC facility.
Sec. 1306. Leasing Authority.--(a) Section 1102(b) of the
Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b))
is amended--
(1) in paragraph (1), by striking ``Committee on
Rules and Administration'' and inserting ``Committees
on Appropriations and Rules and Administration'';
(2) in paragraph (2), by striking ``the House Office
Building Commission'' and inserting ``the Committee on
Appropriations of the House of Representatives and the
House Office Building Commission''; and
(3) in paragraph (3), by striking the period at the
end and inserting ``, for space to be leased for any
other entity under subsection (a).''.
(b) The amendments made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 2004.
Sec. 1307. Easements for Rights-of-Way. (a) In General.--The
Architect of the Capitol may grant, upon such terms as the
Architect of the Capitol considers advisable, including
monetary consideration, easements for rights-of-way over, in,
and upon the Capitol Grounds and any other public lands under
the jurisdiction and control of the Architect of the Capitol.
(b) Limitation.--No easement granted under this section may
include more land than is necessary for the easement.
(c) Easement Account.--There is established in the Treasury
an easement account for the Architect of the Capitol. The
Architect of the Capitol shall deposit in the account all
proceeds received relating to the granting of easements under
this section. The proceeds deposited in that account shall be
available to the Architect, in such amounts and for such
purposes provided in appropriations acts.
(d) In-Kind Consideration.--Subject to subsection (f), the
Architect may accept in-kind consideration instead of, or in
addition to, any monetary consideration, for any easement
granted under this section.
(e) Termination of Easement.--The Architect of the Capitol
may terminate all or part of any easement granted under this
section for--
(1) failure to comply with the terms of the grant;
(2) nonuse for a 2-year period; or
(3) abandonment.
(f) Approval.--The Architect of the Capitol may grant an
easement for rights-of-way under subsection (a) upon submission
of written notice of intent to grant that easement and the
amount or type of consideration to be received, and approval
by--
(1) the Committee on Rules and Administration of the
Senate for easements granted on property under Senate
jurisdiction;
(2) the House Office Building Commission for property
under House of Representatives jurisdiction; and
(3) the Committee on Rules and Administration of the
Senate and the House Office Building Commission for
easements granted on any other property.
(g) Effective Date.--This section shall apply to fiscal year
2008 and each fiscal year thereafter.
Sec. 1308. Design-Build Contracts.--(a) Notwithstanding any
other provision of law, the Architect of the Capitol may use
the two-phase selection procedures authorized in section 303M
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253m) for entering into a contract for the design
and construction of a public building, facility, or work in the
same manner and under the same terms and conditions as the head
of an executive agency under such section.
(b) This section shall apply with respect to fiscal year 2008
and each succeeding fiscal year.
Sec. 1309. Assistant to the Chief Executive Officer for
Visitor Services. (a) Definition.--In this section the term
``Chief Executive Officer'' means the Chief Executive Officer
for Visitor Services established under section 6701 of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act of 2007 (2 U.S.C. 1806).
(b) Assistant to the Chief Executive Officer.--The Architect
of the Capitol shall--
(1) after consultation with the Chief Executive
Officer, appoint an assistant to perform the
responsibilities of the Chief Executive Officer during
the absence or disability of the Chief Executive
Officer, or during a vacancy in the position of the
Chief Executive Officer; and
(2) fix the rate of basic pay for the position of the
assistant appointed under paragraph (1) at a rate not
to exceed the highest total rate of pay for the Senior
Executive Service under subchapter VIII of chapter 53
of title 5, United States Code, for the locality
involved.
(c) Effective Date.--This section shall apply to fiscal year
2008 and each fiscal year thereafter.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by the
Board, $395,784,000, of which not more than $6,000,000 shall be
derived from collections credited to this appropriation during
fiscal year 2008, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2008 and shall remain available
until expended for the development and maintenance of an
international legal information database and activities related
thereto: Provided, That the Library of Congress may not
obligate or expend any funds derived from collections under the
Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$6,350,000: Provided further, That of the total amount
appropriated, $16,451,000 shall remain available until
September 30, 2010 for the partial acquisition of books,
periodicals, newspapers, and all other materials including
subscriptions for bibliographic services for the Library,
including $40,000 to be available solely for the purchase, when
specifically approved by the Librarian, of special and unique
materials for additions to the collections: Provided further,
That of the total amount appropriated, not more than $12,000
may be expended, on the certification of the Librarian of
Congress, in connection with official representation and
reception expenses for the Overseas Field Offices: Provided
further, That of the total amount appropriated, $7,000,000
shall remain available until expended for the digital
collections and educational curricula program: Provided
further, That of the total amount appropriated, $750,000 shall
remain available until expended, and shall be transferred to
the Abraham Lincoln Bicentennial Commission for carrying out
the purposes of Public Law 106-173, of which $10,000 may be
used for official representation and reception expenses of the
Abraham Lincoln Bicentennial Commission: Provided further, That
of the total amount appropriated, $1,482,000 shall be used for
the National Digital Information Infrastructure and
Preservation Program: Provided further, That of the total
amount appropriated, $75,000 shall be used to provide a grant
to the Middle Eastern Text Initiative for translation and
publishing of middle eastern text: Provided further, That
$125,000 shall be used to provide a grant to the University of
Mississippi for the American Music Archives.
Copyright Office
SALARIES AND EXPENSES
For necessary expenses of the Copyright Office, $49,558,000,
of which not more than $29,826,000, to remain available until
expended, shall be derived from collections credited to this
appropriation during fiscal year 2008 under section 708(d) of
title 17, United States Code: Provided, That not more than
$10,000,000 shall be derived from prior year unobligated
balances: Provided further, That the Copyright Office may not
obligate or expend any funds derived from collections under
such section, in excess of the amount authorized for obligation
or expenditure in appropriations Acts: Provided further, That
not more than $4,398,000 shall be derived from collections
during fiscal year 2008 under sections 111(d)(2), 119(b)(2),
803(e), 1005, and 1316 of such title: Provided further, That
the total amount available for obligation shall be reduced by
the amount by which collections and unobligated balances are
less than $44,224,000: Provided further, That not more than
$100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in the
Copyright Office of the Library of Congress for the purpose of
training nationals of developing countries in intellectual
property laws and policies: Provided further, That not more
than $4,250 may be expended, on the certification of the
Librarian of Congress, in connection with official
representation and reception expenses for activities of the
International Copyright Institute and for copyright
delegations, visitors, and seminars: Provided further, That
notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading
which are attributable to royalty fees and payments received by
the Copyright Office pursuant to sections 111, 119, and chapter
10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).
Congressional Research Service
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C.
166) and to revise and extend the Annotated Constitution of the
United States of America, $102,601,000: Provided, That no part
of such amount may be used to pay any salary or expense in
connection with any publication, or preparation of material
therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has
obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate.
Books for the Blind and Physically Handicapped
SALARIES AND EXPENSES
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $67,091,000,
of which $20,704,000 shall remain available until expended, of
which $650,000 shall be available to contract to provide
newspapers to blind and physicially handicapped residents at no
cost to the individual.
Administrative Provisions
Sec. 1401. Incentive Awards Program. Of the amounts
appropriated to the Library of Congress in this Act, not more
than $5,000 may be expended, on the certification of the
Librarian of Congress, in connection with official
representation and reception expenses for the incentive awards
program.
Sec. 1402. Reimbursable and Revolving Fund Activities. (a) In
General.--For fiscal year 2008, the obligational authority of
the Library of Congress for the activities described in
subsection (b) may not exceed $122,529,000.
(b) Activities.--The activities referred to in subsection (a)
are reimbursable and revolving fund activities that are funded
from sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
(c) Transfer of Funds.--During fiscal year 2008, the
Librarian of Congress may temporarily transfer funds
appropriated in this Act, under the heading ``Library of
Congress'', under the subheading ``Salaries and Expenses'', to
the revolving fund for the FEDLINK Program and the Federal
Research Program established under section 103 of the Library
of Congress Fiscal Operations Improvement Act of 2000 (Public
Law 106-481; 2 U.S.C. 182c): Provided, That the total amount of
such transfers may not exceed $1,900,000: Provided further,
That the appropriate revolving fund account shall reimburse the
Library for any amounts transferred to it before the period of
availability of the Library appropriation expires.
Sec. 1403. Audit Requirement. Section 207(e) of the
Legislative Branch Appropriations Act, 1998 (2 U.S.C. 182(e))
is amended to read as follows:
``(e) Audit.--The revolving fund shall be subject to audit by
the Comptroller General at the Comptroller General's
discretion.''.
Sec. 1404. Transfer Authority. (a) In General.--Amounts
appropriated for fiscal year 2008 for the Library of Congress
may be transferred during fiscal year 2008 between any of the
headings under the heading ``LIBRARY OF CONGRESS'' upon the
approval of the Committees on Appropriations of the Senate and
the House of Representatives.
(b) Limitation.--Not more than 10 percent of the total amount
of funds appropriated to the account under any heading under
the heading ``LIBRARY OF CONGRESS'' for fiscal year 2008 may be
transferred from that account by all transfers made under
subsection (a).
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(INCLUDING TRANSFER OF FUNDS)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format;
printing and binding for the Architect of the Capitol; expenses
necessary for preparing the semimonthly and session index to
the Congressional Record, as authorized by law (section 902 of
title 44, United States Code); printing and binding of
Government publications authorized by law to be distributed to
Members of Congress; and printing, binding, and distribution of
Government publications authorized by law to be distributed
without charge to the recipient, $90,000,000: Provided, That
this appropriation shall not be available for paper copies of
the permanent edition of the Congressional Record for
individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code:
Provided further, That this appropriation shall be available
for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any
other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or
unexpended balances in this account or accounts for similar
purposes for preceding fiscal years may be transferred to the
Government Printing Office revolving fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.
Office of Superintendent of Documents
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of
Government publications and their distribution to the public,
Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized
by law, $35,000,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other
related publications for fiscal years 2006 and 2007 to
depository and other designated libraries: Provided further,
That any unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may be
transferred to the Government Printing Office revolving fund
for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate.
Government Printing Office Revolving Fund
The Government Printing Office is hereby authorized to make
such expenditures, within the limits of funds available and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
section 9104 of title 31, United States Code, as may be
necessary in carrying out the programs and purposes set forth
in the budget for the current fiscal year for the Government
Printing Office revolving fund: Provided further, That not more
than $5,000 may be expended on the certification of the Public
Printer in connection with official representation and
reception expenses: Provided further, That the revolving fund
shall be available for the hire or purchase of not more than 12
passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to
the Public Printer shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further,
That the revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of such title:
Provided further, That the revolving fund and the funds
provided under the headings ``Office of Superintendent of
Documents'' and ``Salaries and Expenses'' together may not be
available for the full-time equivalent employment of more than
2,621 work-years (or such other number of work-years as the
Public Printer may request, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate): Provided further, That activities financed through
the revolving fund may provide information in any format:
Provided further, That the revolving fund and the funds
provided under the headings ``Office of Superintendent of
Documents'' and ``salaries and expenses'' may not be used for
contracted security services at GPO's passport facility in the
District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under
section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and (8)
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and
(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in
foreign countries, $501,000,000: Provided, That not more than
$5,413,000 of payments received under section 782 of title 31,
United States Code, shall be available for use in fiscal year
2008: Provided further, That not more than $2,097,000 of
reimbursements received under section 9105 of title 31, United
States Code, shall be available for use in fiscal year 2008:
Provided further, That of the total amount provided, up to
$2,500,000 is for technology assessment studies: Provided
further, That this appropriation and appropriations for
administrative expenses of any other department or agency which
is a member of the National Intergovernmental Audit Forum or a
Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as
determined by the respective Forum, including necessary travel
expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as
reimbursements to any appropriation from which costs involved
are initially financed.
Administrative Provisions
Sec. 1501. Contract Appeals Board. (a) Definitions.--In this
section--
(1) the term ``Board'' means the Contract Appeals
Board established under subsection (b); and
(2) the term ``legislative branch agency'' means--
(A) the Architect of the Capitol;
(B) the United States Botanic Gardens;
(C) the Government Accountability Office;
(D) the Government Printing Office;
(E) the Library of Congress;
(F) the Congressional Budget Office;
(G) the United States Capitol Police; and
(H) any other agency, including any office,
board, or commission, established in the
legislative branch; and
(b) Establishment.--There is established a Contract Appeals
Board within the Government Accountability Office. The Board
shall hear and decide appeals from decisions of a contracting
officer with respect to any contract entered into by a
legislative branch agency.
(c) Members of the Board.--
(1) Appointment.--The Comptroller General shall
appoint at least 3 members to the Contract Appeals
Board.
(2) Qualifications.--Each member shall have not less
than 5 years experience in public contract law.
(3) Pay.--Subject to any provision of law relating to
pay applicable to the Office of General Counsel of the
Government Accountability Office, the Comptroller
General shall establish and adjust the annual rate of
basic pay of members of the Board.
(d) Provisions Applicable to Appeals.--The Contract Disputes
Act of 1978 (Public Law 95-563, 41 U.S.C. 601 et seq.), as
amended, shall apply to appeals to the Board, except that
section 4, subsections 8(a), (b), and (c), and subsection 10(a)
shall not apply to such appeals and the amount of any claim
referenced in subsection 6(c) shall be $50,000. The Comptroller
General shall prescribe regulations for procedures for appeals
to the Board that are consistent with procedures under the
Contract Disputes Act of 1978.
(e) Effective Date.--This section shall apply with respect
to fiscal year 2008 and each fiscal year thereafter.
Sec. 1502. Repeal and Modification of Certain Reporting
Requirements. (a) Annual Report by GAO on Consistency of IMF
Practices With Statutory Policies.--Section 504(e) of the
Consolidated Appropriations Act, 2000 (Public Law 106-113; 113
Stat. 1501A-318) is repealed.
(b) Review of Proposed Changes to Export Thresholds for
Computers.--Section 314 of the Consolidated Appropriations Act,
2001 (Public Law 106-554; 114 Stat. 2763A-123) is repealed.
(c) Congressional Hunger Fellowship Program Audit.--Section
4404(f)(4)(A) of the Congressional Hunger Fellows Act of 2002
(2 U.S.C. 1161(f)(4)(A); Public Law 107-171) is amended--
(1) by striking ``shall'' and inserting ``may''; and
(2) by striking ``annual.''.
(d) Haitian Refugee Immigration.--Section 902(k) of the
Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255
note; Public Law 105-277) is repealed.
(e) Audit of Financial Transactions.--Section 11 of the
National Moment of Remembrance Act (36 U.S.C. 116 note; Public
Law 106-579) is repealed.
(f) Loss Ratios and Refund of Premiums.--Section 1882(r)(5)
of the Social Security Act (42 U.S.C. 1395ss(r)(5)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``(A) The Comptroller General
shall periodically, not less than once every 3
years,'' and inserting ``The Secretary may'';
and
(B) by striking ``and to the Secretary''; and
(2) by striking subparagraph (B).
(g) Radiation Exposure Compensation Reports.--Section 14 of
the Radiation Exposure Compensation Act (42 U.S.C. 2210 note;
Public Law 101-426) is repealed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund
for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $9,000,000: Provided, That not later than
March 31, 2008, the Board of Trustees of the Open World
Leadership Center shall prepare and submit a report to the
Committees on Appropriations of the Senate and the House of
Representatives for potential options for transfer of the Open
World Leadership Center to a department or agency in the
executive branch, establishment of the Center as an independent
agency in the executive branch, or other appropriate options.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
Sec. 201. Maintenance and Care of Private Vehicles. No part
of the funds appropriated in this Act shall be used for the
maintenance or care of private vehicles, except for emergency
assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives
issued by the Committee on House Administration and for the
Senate issued by the Committee on Rules and Administration.
Sec. 202. Fiscal Year Limitation. No part of the funds
appropriated in this Act shall remain available for obligation
beyond fiscal year 2008 unless expressly so provided in this
Act.
Sec. 203. Rates of Compensation and Designation. Whenever in
this Act any office or position not specifically established by
the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is
appropriated for or the rate of compensation or designation of
any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers,
and committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect
thereto.
Sec. 204. Consulting Services. The expenditure of any
appropriation under this Act for any consulting service through
procurement contract, under section 3109 of title 5, United
States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for
public inspection, except where otherwise provided under
existing law, or under existing Executive order issued under
existing law.
Sec. 205. Awards and Settlements. Such sums as may be
necessary are appropriated to the account described in
subsection (a) of section 415 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards and
settlements as authorized under such subsection.
Sec. 206. Costs of LBFMC. Amounts available for
administrative expenses of any legislative branch entity which
participates in the Legislative Branch Financial Managers
Council (LBFMC) established by charter on March 26, 1996, shall
be available to finance an appropriate share of LBFMC costs as
determined by the LBFMC, except that the total LBFMC costs to
be shared among all participating legislative branch entities
(in such allocations among the entities as the entities may
determine) may not exceed $2,000.
Sec. 207. Landscape Maintenance. The Architect of the
Capitol, in consultation with the District of Columbia, is
authorized to maintain and improve the landscape features,
excluding streets and sidewalks, in the irregular shaped grassy
areas bounded by Washington Avenue, SW on the northeast, Second
Street SW on the west, Square 582 on the south, and the
beginning of the I-395 tunnel on the southeast.
Sec. 208. Limitation on Transfers. None of the funds made
available in this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
Sec. 209. Guided Tours of the Capitol.--(a) Except as
provided in subsection (b), none of the funds made available to
the Architect of the Capitol or the U.S. Capitol Guide Service
and Congressional Special Services Office in this Act may be
used to eliminate guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and
Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol or Director of the
U.S. Capitol Guide Service and Congressional Special Services
Office with the approval of the Capitol Police Board, guided
tours of the United States Capitol which are led by employees
and interns described in subsection (a) may be suspended
temporarily or otherwise subject to restriction for security or
related reasons to the same extent as guided tours of the
United States Capitol which are led by the Architect of the
Capitol or the Capitol Guide Service.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2008.''
Sec. 210. (a) Rescissions.--There is hereby rescinded an
amount equal to 0.25 percent of the budget authority provided
for fiscal year 2008 for any discretionary account in title I
of this Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in such subsection; and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
(c) Exception.--This section shall not apply to section 1003
of title I of this Act.
(d) Administration of Across-the-Board Reductions.--In the
administration of subsection (a), with respect to the budget
authority provided under the heading ``SENATE'' in title I of
this Act--
(1) the percentage rescissions under subsection (a)
shall apply to the total amount of all funds
appropriated under that heading; and
(2) the rescissions may be applied without regard to
subsection (b).
DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
(INCLUDING RESCISSION OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $3,936,583,000, to remain available until
September 30, 2012: Provided, That of this amount, not to
exceed $321,983,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor: Provided further, That of the funds appropriated for
``Military Construction, Army'' under Public Law 110-5,
$8,690,000 are hereby rescinded.
Military Construction, Navy and Marine Corps
(INCLUDING RESCISSIONS OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps as
currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$2,198,394,000, to remain available until September 30, 2012:
Provided, That of this amount, not to exceed $113,017,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the funds appropriated for
``Military Construction, Navy and Marine Corps'' under Public
Law 108-132, $5,862,000; under Public Law 108-324, $2,069,000;
and under Public Law 110-5, $2,626,000 are hereby rescinded.
Military Construction, Air Force
(INCLUDING RESCISSIONS OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $1,159,747,000, to remain available until
September 30, 2012: Provided, That of this amount, not to
exceed $43,721,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That
of the funds appropriated for ``Military Construction, Air
Force'' under Public Law 108-324, $5,319,000; and under Public
Law 110-5, $5,151,000 are hereby rescinded.
Military Construction, Defense-Wide
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities,
and real property for activities and agencies of the Department
of Defense (other than the military departments), as currently
authorized by law, $1,609,596,000, to remain available until
September 30, 2012: Provided, That such amounts of this
appropriation as may be determined by the Secretary of Defense
may be transferred to such appropriations of the Department of
Defense available for military construction or family housing
as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided
further, That of the amount appropriated, not to exceed
$155,569,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That
of the funds appropriated for ``Military Construction, Defense-
Wide'' under Public Law 110-5, $10,192,000 are hereby
rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $536,656,000, to
remain available until September 30, 2012.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $287,537,000, to
remain available until September 30, 2012.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army Reserve as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $148,133,000, to remain available until September 30,
2012.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the reserve components of the Navy and Marine Corps as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $64,430,000, to
remain available until September 30, 2012.
Military Construction, Air Force Reserve
(INCLUDING RESCISSION OF FUNDS)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air Force Reserve as authorized by chapter 1803 of title
10, United States Code, and Military Construction Authorization
Acts, $28,359,000, to remain available until September 30,
2012: Provided, That of the funds appropriated for ``Military
Construction, Air Force Reserve'' under Public Law 109-114,
$3,069,000 are hereby rescinded.
North Atlantic Treaty Organization Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the
acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $201,400,000, to remain available until
expended.
Family Housing Construction, Army
(INCLUDING RESCISSION OF FUNDS)
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $424,400,000,
to remain available until September 30, 2012: Provided, That of
the funds appropriated for ``Family Housing Construction,
Army'' under Public Law 110-5, $4,559,000 are hereby rescinded.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $731,920,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$293,129,000, to remain available until September 30, 2012.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $371,404,000.
Family Housing Construction, Air Force
(INCLUDING RESCISSION OF FUNDS)
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$327,747,000, to remain available until September 30, 2012:
Provided, That of the funds appropriated for ``Family Housing
Construction, Air Force'' under Public Law 108-132, $15,000,000
are hereby rescinded.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $688,335,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for operation and maintenance, leasing, and minor
construction, as authorized by law, $48,848,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $500,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of
title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting
facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile of
lethal chemical agents and munitions in accordance with section
1412 of the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile, as
currently authorized by law, $104,176,000, to remain available
until September 30, 2012, which shall be only for the Assembled
Chemical Weapons Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$295,689,000, to remain available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$7,235,591,000, to remain available until expended: Provided,
That the Department of Defense shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to
obligating an amount for a construction project that exceeds or
reduces the amount identified for that project in the most
recently submitted budget request for this account by 20
percent or $2,000,000, whichever is less: Provided further,
That the previous proviso shall not apply to projects costing
less than $5,000,000, except for those projects not previously
identified in any budget submission for this account and
exceeding the minor construction threshold under 10 U.S.C.
2805.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000,
to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access
roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as
important to the national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess
of 100 percent of the value as determined by the Army Corps of
Engineers or the Naval Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General; (3) where the estimated value
is less than $25,000; or (4) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any
activity from one base or installation to another, without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity
to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior
notification to the Committees on Appropriations of both Houses
of Congress.
Sec. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by
the Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United States
firms or United States firms in joint venture with host nation
firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this section
shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible
bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of the plans and scope of any
proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation during
the current fiscal year shall be obligated during the last two
months of the fiscal year.
(INCLUDING TRANSFER OF FUNDS)
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the
authorizations enacted into law during the current session of
Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were made available, if the funds obligated
for such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
Sec. 118. (a) The Secretary of Defense, in consultation with
the Secretary of State, shall submit to the Committees on
Appropriations of both Houses of Congress, by February 15 of
each year, an annual report, in unclassified and, if necessary
classified form, on actions taken by the Department of Defense
and the Department of State during the previous fiscal year to
encourage host countries to assume a greater share of the
common defense burden of such countries and the United States.
(b) The report under subsection (a) shall include a
description of--
(1) attempts to secure cash and in-kind contributions
from host countries for military construction projects;
(2) attempts to achieve economic incentives offered
by host countries to encourage private investment for
the benefit of the United States Armed Forces;
(3) attempts to recover funds due to be paid to the
United States by host countries for assets deeded or
otherwise imparted to host countries upon the cessation
of United States operations at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic
product (GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount
contributed to NATO by host countries, in dollars and
in terms of the percent of the total NATO budget.
(c) In this section, the term ``host country'' means other
member countries of NATO, Japan, South Korea, and United States
allies bordering the Arabian Sea.
(INCLUDING TRANSFER OF FUNDS)
Sec. 119. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note) pursuant
to section 207(a)(2)(C) of such Act, may be transferred to the
account established by section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to
be merged with, and to be available for the same purposes and
the same time period as that account.
(INCLUDING TRANSFER OF FUNDS)
Sec. 120. Subject to 30 days prior notification to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged with
and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of
military unaccompanied housing in ``Military Construction''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available
to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
Sec. 121. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the Committees on
Appropriations of both Houses of Congress the notice described
in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of
any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation
for which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units
stationed at such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal Government
with respect to the guarantee.
(INCLUDING TRANSFER OF FUNDS)
Sec. 122. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay
for expenses associated with the Homeowners Assistance Program.
Any amounts transferred shall be merged with and be available
for the same purposes and for the same time period as the fund
to which transferred.
Sec. 123. Notwithstanding this or any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of
funds for repair and maintenance of all family housing units,
including general or flag officer quarters: Provided, That not
more than $35,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer quarters
without 30 days prior notification to the Committees on
Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of both
Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the
prior fiscal year.
Sec. 124. Whenever the Secretary of Defense or any other
official of the Department of Defense is requested by the
subcommittee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives or the subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate to respond to a
question or inquiry submitted by the chairman or another member
of that subcommittee pursuant to a subcommittee hearing or
other activity, the Secretary (or other official) shall respond
to the request, in writing, within 21 days of the date on which
the request is transmitted to the Secretary (or other
official).
Sec. 125. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title
10, United States Code, are appropriated and shall be available
until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection
(i)(3) of such section.
(INCLUDING TRANSFER OF FUNDS)
Sec. 126. None of the funds made available in this title, or
in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that has
been approved for realignment to another installation, in 2005
under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function that
is planned for that installation, or unless the Secretary of
Defense certifies that the cost to the United States of
carrying out such project would be less than the cost to the
United States of cancelling such project, or if the project is
at an active component base that shall be established as an
enclave or in the case of projects having multi-agency use,
that another Government agency has indicated it will assume
ownership of the completed project. The Secretary of Defense
may not transfer funds made available as a result of this
limitation from any military construction project, land
acquisition, or family housing project to another account or
use such funds for another purpose or project without the prior
approval of the Committees on Appropriations of both Houses of
Congress. This section shall not apply to military construction
projects, land acquisition, or family housing projects for
which the project is vital to the national security or the
protection of health, safety, or environmental quality:
Provided, That the Secretary of Defense shall notify the
congressional defense committees within seven days of a
decision to carry out such a military construction project.
(INCLUDING TRANSFER OF FUNDS)
Sec. 127. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'', to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
Sec. 128. None of the funds in this title shall be used for
any activity related to the construction of an Outlying Landing
Field in Washington County, North Carolina.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55,
and 61 of title 38, United States Code; pension benefits to or
on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits,
the Reinstated Entitlement Program for Survivors, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title IV
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et
seq.) and for other benefits as authorized by sections 107,
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $41,236,322,000, to remain
available until expended: Provided, That not to exceed
$28,583,000 of the amount appropriated under this heading shall
be reimbursed to ``General operating expenses'' and ``Medical
administration'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically
provided as the ``Compensation and pensions'' appropriation:
Provided further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical care
collections fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as
authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United
States Code, $3,300,289,000, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5),
and (11) of that subsection, shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by title 38, United States Code, chapters 19 and 21,
$41,250,000, to remain available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, such sums as may
be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That during
fiscal year 2008, within the resources available, not to exceed
$500,000 in gross obligations for direct loans are authorized
for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $154,562,000.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $71,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That funds made available under this heading
are available to subsidize gross obligations for the principal
amount of direct loans not to exceed $3,287,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $311,000, which may be transferred
to and merged with the appropriation for ``General operating
expenses''.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $628,000.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM
ACCOUNT
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 20 of title 38, United States Code, not to exceed
$750,000 of the amounts appropriated by this Act for ``General
operating expenses'' and ``Medical administration'' may be
expended.
Veterans Health Administration
MEDICAL SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in
section 1705(a) of title 38, United States Code, including care
and treatment in facilities not under the jurisdiction of the
Department, and including medical supplies and equipment, food
services, and salaries and expenses of health-care employees
hired under title 38, United States Code, and aid to State
homes as authorized by section 1741 of title 38, United States
Code; $29,104,220,000, plus reimbursements, of which not less
than $2,900,000,000 shall be expended for specialty mental
health care and not less than $130,000,000 shall be expended
for the homeless grants and per diem program: Provided, That of
the funds made available under this heading, not to exceed
$1,350,000,000 shall be available until September 30, 2009:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans
who have service-connected disabilities, lower income, or have
special needs: Provided further, That, notwithstanding any
other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical
benefits to veterans in enrollment priority groups 1 through 6:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs: Provided
further, That for the Department of Defense/Department of
Veterans Affairs Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code,
a minimum of $15,000,000, to remain available until expended,
for any purpose authorized by section 8111 of title 38, United
States Code.
MEDICAL ADMINISTRATION
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative
expenses in support of capital policy activities; and
administrative and legal expenses of the Department for
collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code,
and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et
seq.): $3,517,000,000, plus reimbursements, of which
$250,000,000 shall be available until September 30, 2009.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction, and renovation of any facility under the
jurisdiction or for the use of the Department; for oversight,
engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry services, $4,100,000,000, plus reimbursements, of which
$350,000,000 shall be available until September 30, 2009:
Provided, That $325,000,000 for non-recurring maintenance
provided under this heading shall be allocated in a manner not
subject to the Veterans Equitable Resource Allocation.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $480,000,000, plus
reimbursements, to remain available until September 30, 2009.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $195,000,000, of which not to
exceed $20,000,000 shall be available until September 30, 2009.
Departmental Administration
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, and the Department
of Defense for the cost of overseas employee mail,
$1,605,000,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11)
of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,327,001,000: Provided further, That of the
funds made available under this heading, not to exceed
$75,000,000 shall be available for obligation until September
30, 2009: Provided further, That from the funds made available
under this heading, the Veterans Benefits Administration may
purchase (on a one-for-one replacement basis only) up to two
passenger motor vehicles for use in operations of that
Administration in Manila, Philippines.
INFORMATION TECHNOLOGY SYSTEMS
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; including pay and
associated cost for operations and maintenance associated
staff; for the capital asset acquisition of information
technology systems, including management and related
contractual costs of said acquisitions, including contractual
costs associated with operations authorized by section 3109 of
title 5, United States Code, $1,966,465,000, to be available
until September 30, 2009: Provided, That none of these funds
may be obligated until the Department of Veterans Affairs
submits to the Committees on Appropriations of both Houses of
Congress, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget; (2) complies with the Department of Veterans Affairs
enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That within 30 days of enactment of this Act,
the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a
reprogramming base letter which provides, by project, the costs
included in this appropriation.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions
of the Inspector General Act of 1978 (5 U.S.C. App.),
$80,500,000, of which $5,000,000 shall be available until
September 30, 2009.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of
title 38, United States Code, including planning, architectural
and engineering services, construction management services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $1,069,100,000, to remain available until
expended, of which $2,000,000 shall be to make reimbursements
as provided in section 13 of the Contract Disputes Act of 1978
(41 U.S.C. 612) for claims paid for contract disputes:
Provided, That except for advance planning activities,
including needs assessments which may or may not lead to
capital investments, and other capital asset management related
activities, including portfolio development and management
activities, and investment strategy studies funded through the
advance planning fund and the planning and design activities
funded through the design fund, including needs assessments
which may or may not lead to capital investments, none of the
funds appropriated under this heading shall be used for any
project which has not been approved by the Congress in the
budgetary process: Provided further, That funds provided in
this appropriation for fiscal year 2008, for each approved
project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2008; and (2)
by the awarding of a construction contract by September 30,
2009: Provided further, That the Secretary of Veterans Affairs
shall promptly submit to the Committees on Appropriations of
both Houses of Congress a written report on any approved major
construction project for which obligations are not incurred
within the time limitations established above: Provided
further, That none of the funds appropriated in this or any
other Act may be used to reduce the mission, services, or
infrastructure, including land, of the 18 facilities on the
Capital Asset Realignment for Enhanced Services (CARES) list
requiring further study, as specified by the Secretary of
Veterans Affairs, without prior approval of the Committees on
Appropriations of both Houses of Congress.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is
equal to or less than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, $630,535,000, to
remain available until expended, along with unobligated
balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project
where the estimated cost is equal to or less than the amount
set forth in such section: Provided, That funds in this account
shall be available for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused
by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by
such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify,
or alter existing hospital, nursing home, and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United
States Code, $165,000,000, to remain available until expended.
GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $39,500,000, to remain
available until expended.
Administrative Provisions
(INCLUDING TRANSFER OF FUNDS)
Sec. 201. Any appropriation for fiscal year 2008 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(INCLUDING TRANSFER OF FUNDS)
Sec. 202. Amounts made available for fiscal year 2008, in
this Act or any other Act, under the ``Medical services'',
``Medical Administration'', and ``Medical facilities'' accounts
may be transferred among the accounts to the extent necessary
to implement the restructuring of the Veterans Health
Administration accounts: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by
section 3109 of title 5, United States Code, hire of passenger
motor vehicles; lease of a facility or land or both; and
uniforms or allowances therefore, as authorized by sections
5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except
beneficiaries entitled to such hospitalization or examination
under the laws providing such benefits to veterans, and persons
receiving such treatment under sections 7901 through 7904 of
title 5, United States Code, or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)),
unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical services'' account at such
rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2007.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from sections 3328(a),
3334, and 3712(a) of title 31, United States Code, except that
if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and pensions''.
(INCLUDING TRANSFER OF FUNDS)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2008, the Secretary of Veterans Affairs shall, from
the National Service Life Insurance Fund (38 U.S.C. 1920), the
Veterans' Special Life Insurance Fund (38 U.S.C. 1923), and the
United States Government Life Insurance Fund (38 U.S.C. 1955),
reimburse the ``General operating expenses'' account for the
cost of administration of the insurance programs financed
through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an
insurance program during fiscal year 2008 that are available
for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside: Provided
further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings
accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That
the Secretary shall determine the cost of administration for
fiscal year 2008 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the
proceeds are received.
(INCLUDING TRANSFER OF FUNDS)
Sec. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management of the Department
of Veterans Affairs and the Office of Employment Discrimination
Complaint Adjudication under section 319 of title 38, United
States Code, for all services provided at rates which will
recover actual costs but not exceed $32,067,000 for the Office
of Resolution Management and $3,148,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided,
That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That
amounts received shall be credited to ``General operating
expenses'' for use by the office that provided the service.
Sec. 211. No appropriations in this title shall be available
to enter into any new lease of real property if the estimated
annual rental is more than $300,000 unless the Secretary
submits a report which the Committees on Appropriations of both
Houses of Congress approve within 30 days following the date on
which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
(INCLUDING TRANSFER OF FUNDS)
Sec. 213. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or
revenues derived from enhanced-use leasing activities
(including disposal) may be deposited into the ``Construction,
major projects'' and ``Construction, minor projects'' accounts
and be used for construction (including site acquisition and
disposition), alterations, and improvements of any medical
facility under the jurisdiction or for the use of the
Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, major
projects'' and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services''
are available--
(1) for furnishing recreational facilities, supplies,
and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to ``Medical services'', to
remain available until expended for the purposes of that
account.
Sec. 216. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans who are
eligible under existing Department of Veterans Affairs medical
care requirements and who reside in Alaska to obtain medical
care services from medical facilities supported by the Indian
Health Service or tribal organizations. The Secretary shall:
(1) limit the application of this provision to rural Alaskan
veterans in areas where an existing Department of Veterans
Affairs facility or Veterans Affairs-contracted service is
unavailable; (2) require participating veterans and facilities
to comply with all appropriate rules and regulations, as
established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services
activities; and (4) result in no additional cost to the
Department of Veterans Affairs or the Indian Health Service.
(INCLUDING TRANSFER OF FUNDS)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of
title 38, United States Code, may be transferred to the
``Construction, major projects'' and ``Construction, minor
projects'' accounts, to remain available until expended for the
purposes of these accounts.
Sec. 218. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used to
replace the current system by which the Veterans Integrated
Services Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 219. None of the funds made available in this title may
be used to implement any policy prohibiting the Directors of
the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 220. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
(INCLUDING TRANSFER OF FUNDS)
Sec. 221. Amounts made available under the ``Medical
services'', ``Medical Administration'', ``Medical facilities'',
``General operating expenses'', and ``National Cemetery
Administration'' accounts for fiscal year 2008, may be
transferred to or from the ``Information technology systems''
account: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 222. Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting a
request to the Committees on Appropriations of both Houses of
Congress to make the transfer and an approval is issued, or
absent a response, a period of 30 days has elapsed.
(INCLUDING TRANSFER OF FUNDS)
Sec. 223. Any balances in prior year accounts established for
the payment of benefits under the Reinstated Entitlement
Program for Survivors shall be transferred to and merged with
amounts available under the ``Compensation and pensions''
account, and receipts that would otherwise be credited to the
accounts established for the payment of benefits under the
Reinstated Entitlement Program for Survivors program shall be
credited to amounts available under the ``Compensation and
pensions'' account.
Sec. 224. Prohibition on Disposal of Department of Veterans
Affairs Lands and Improvements at West Los Angeles Medical
Center, California. (a) In General.--The Secretary of Veterans
Affairs may not declare as excess to the needs of the
Department of Veterans Affairs, or otherwise take any action to
exchange, trade, auction, transfer, or otherwise dispose of, or
reduce the acreage of, Federal land and improvements at the
Department of Veterans Affairs West Los Angeles Medical Center,
California, encompassing approximately 388 acres on the north
and south sides of Wilshire Boulevard and west of the 405
Freeway.
(b) Special Provision Regarding Lease With Representative of
the Homeless.--Notwithstanding any provision of this Act,
section 7 of the Homeless Veterans Comprehensive Services Act
of 1992 (Public Law 102-590) shall remain in effect.
(c) Conforming Amendment.--Section 8162(c)(1) of title 38,
United States Code, is amended--
(1) by inserting ``or section 224(a) of the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2008'' after ``section 421(b)(2) of
the Veterans' Benefits and Services Act of 1988 (Public
Law 100-322; 102 Stat. 553)''; and
(2) by striking ``that section'' and inserting ``such
sections''.
(d) Effective Date.--This section, including the amendment
made by this section, shall apply with respect to fiscal year
2008 and each fiscal year thereafter.
Sec. 225. The Department shall continue research into Gulf
War Illness at levels not less than those made available in
fiscal year 2007, within available funds contained in this Act.
Sec. 226. (a) Not later than 30 days after the date of the
enactment of this Act, the Inspector General of the Department
of Veterans Affairs shall establish and maintain on the
homepage of the Internet website of the Office of Inspector
General a mechanism by which individuals can anonymously report
cases of waste, fraud, or abuse with respect to the Department
of Veterans Affairs.
(b) Not later than 30 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall establish and
maintain on the homepage of the Internet website of the
Department of Veterans Affairs a direct link to the Internet
website of the Office of Inspector General of the Department of
Veterans Affairs.
Sec. 227. (a) Upon a determination by the Secretary of
Veterans Affairs that such action is in the national interest,
and will have a direct benefit for veterans through increased
access to treatment, the Secretary of Veterans Affairs may
transfer not more than $5,000,000 to the Secretary of Health
and Human Services for the Graduate Psychology Education
Program, which includes treatment of veterans, to support
increased training of psychologists skilled in the treatment of
post-traumatic stress disorder, traumatic brain injury, and
related disorders.
(b) The Secretary of Health and Human Services may only use
funds transferred under this section for the purposes described
in subsection (a).
(c) The Secretary of Veterans Affairs shall notify Congress
of any such transfer of funds under this section.
Sec. 228. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with--
(1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, and
Independent Agencies Appropriations Act, 2006 (Public
Law 109-115; 119 Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States
Code.
Sec. 229. The Secretary of Veterans Affairs may carry out a
major medical facility lease in fiscal year 2008 in an amount
not to exceed $12,000,000 to implement the recommendations
outlined in the August, 2007 Study of South Texas Veterans'
Inpatient and Specialty Outpatient Health Care Needs.
(INCLUDING RECISSION OF FUNDS)
Sec. 230. Of the amounts made available for ``Veterans Health
Administration, Medical Services'' in Public Law 110-28,
$66,000,000 are rescinded. For an additional amount for
``Departmental Administration, Construction, Major Projects'',
$66,000,000, to be available until expended: Provided, That the
amount provided by this section is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act).
Sec. 231. Section 1710(f)(2)(B) of title 38, United States
Code, is amended by striking ``September 30, 2007,'' and
inserting ``September 30, 2008,''.
Sec. 232. Section 1729(a)(2)(E) of title 38, United States
Code, is amended by striking ``October 1, 2007,'' and inserting
``October 1, 2008,''.
Sec. 233. The unobligated balance of funds appropriated under
the heading ``Construction, Major Projects'' in Public Law 109-
234 for environmental clean-up and removal of debris from the
Department of Veterans Affairs property in Gulfport,
Mississippi, shall be available to the Department to replace
missing doors and windows, and to repair roofs, of the
buildings identified by the City of Gulfport, Mississippi, that
will convey with the property, to prevent further environmental
damage to the interior infrastructure of these buildings:
Provided, That the amount provided by this section is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
Sec. 234. Notwithstanding any other provision of law,
increases necessary to carry out section 3674 of title 38,
United States Code at a level equal to fiscal year 2007 shall
be available from amounts provided in this title for
``Departmental Administration, General Operating Expenses''.
Sec. 235. (a) Emergency Designation.--Notwithstanding any
other provision of this title (except section 230), of the
amounts otherwise provided by this title for the following
accounts, the following amounts are designated as emergency
requirements and necessary to meet emergency needs pursuant to
subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for
fiscal year 2008: Veterans Health Administration, Medical
Services, $1,936,549,000; Veterans Health Administration,
Medical Administration, $75,000,000; Veterans Health
Administration, Medical Facilities, $508,000,000; Veterans
Health Administration, Medical and Prosthetic Research,
$69,000,000; National Cemetery Administration, $28,191,000;
Departmental Administration, General Operating Expenses,
$133,163,000; Departmental Administration, Information
Technology Systems, $107,248,000; Departmental Administration,
Office of the Inspector General, $7,901,000; Departmental
Administration, Construction, Major Projects, $341,700,000;
Departmental Administration, Construction, Minor ProjectS,
$397,139,000; Departmental Administration, Grants for
Construction of State Extended Care Facilities, $80,000,000;
and Departmental Administration, Grants for Construction of
State Veterans Cemeteries, $7,500,000.
(b) Contingent Appropriation.--Any amount appropriated in
this title that is designated by the Congress as an emergency
requirement pursuant to subsection (a) shall be made available
only after submission to the Congress by January 18, 2008, a
formal budget request by the President that includes
designation of the entire amount of the request as an emergency
requirement.
(c) Requirement for Availability.--None of the funds
described in subsection (a) shall become available for
obligation unless all such funds are made available for
obligation.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one-for-one replacement basis only) and
hire of passenger motor vehicles; not to exceed $7,500 for
official reception and representation expenses; and insurance
of official motor vehicles in foreign countries, when required
by law of such countries, $44,600,000, to remain available
until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, $11,000,000, to remain
available until expended, for purposes authorized by section
2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $22,717,000,
of which $1,210,000 shall be available for the purpose of
providing financial assistance as described, and in accordance
with the process and reporting procedures set forth, under this
heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $31,230,000, to remain
available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to
be derived from the Lease of Department of Defense Real
Property for Defense Agencies account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the
federally-owned water main at Arlington National Cemetery
making additional land available for ground burials.
Armed Forces Retirement Home
TRUST FUND
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$55,724,000.
General Fund Payment, Armed Forces Retirement Home
For payment to the ``Armed Forces Retirement Home'',
$800,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 402. Such sums as may be necessary for fiscal year 2008
for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may be
used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 404. No part of any funds appropriated in this Act shall
be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication,
radio, television, or film presentation designed to support or
defeat legislation pending before Congress, except in
presentation to Congress itself.
Sec. 405. All departments and agencies funded under this Act
are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 407. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 408. The Director of the Congressional Budget Office
shall, not later than February 1, 2008, submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report projecting annual appropriations
necessary for the Department of Veterans Affairs to continue
providing necessary health care to veterans for fiscal years
2009 through 2012.
Sec. 409. None of the funds appropriated or otherwise made
available in this Act may be used for any action that is
related to or promotes the expansion of the boundaries or size
of the Pinon Canyon Maneuver Site, Colorado.
Sec. 410. (a) In this section:
(1) The term ``City'' means the City of Aurora,
Colorado.
(2) The term ``deed'' means the quitclaim deed--
(A) conveyed by the Secretary to the City;
and
(B) dated May 24, 1999.
(3) The term ``non-Federal land'' means--
(A) parcel I of the Fitzsimons Army Medical
Center, Colorado; and
(B) the parcel of land described in the deed.
(4) The term ``Secretary'' means the Secretary of the
Interior.
(b)(1) In accordance with paragraph (2), to allow the City to
convey by donation to the United States the non-Federal land to
be used by the Secretary of Veterans Affairs for the
construction of a veterans medical facility.
(2) In carrying out paragraph (1), with respect to the non-
Federal land, the Secretary shall forego exercising any rights
provided by the--
(A) deed relating to a reversionary interest of the
United States; and
(B) any other reversionary interest of the United
States.
This division may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act,
2008''.
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948;
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange
or purchase of passenger motor vehicles as authorized by law;
and for expenses of general administration, $4,385,042,000:
Provided, That of the amount provided by this paragraph,
$575,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act): Provided
further, That of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and merged
with, ``Emergencies in the Diplomatic and Consular Service'',
to be available only for emergency evacuations and terrorism
rewards: Provided further, That of the amount made available
under this heading, not less than $360,905,000 shall be
available only for public diplomacy international information
programs: Provided further, That of the funds made available
under this heading, $5,000,000 shall be made available for a
demonstration program to expand access to consular services:
Provided further, That of the amount appropriated under this
heading, $2,000,000 shall be available for the Secretary to
establish and operate a public/private interagency public
diplomacy center which shall serve as a program integration and
coordination entity for United States public diplomacy
programs: Provided further, That of the amounts appropriated
under this heading, $4,000,000, to remain available until
expended, shall be for compensation to the families of members
of the Foreign Service or other United States Government
employees or their dependents, who were killed in terrorist
attacks since 1979: Provided further, That none of the funds
made available for compensation in the previous proviso may be
obligated without specific authorization in a subsequent Act of
Congress: Provided further, That during fiscal year 2008,
foreign service annuitants may be employed, notwithstanding
section 316.401 of title 5, Code of Federal Regulations,
pursuant to waivers under section 824(g)(1)(C)(ii) of the
Foreign Service Act of 1980 (22 U.S.C. 4064(g)(1)(C)(ii)):
Provided further, That of the funds appropriated under this
heading, $5,000,000 shall be made available for the
Ambassador's Fund for Cultural Preservation: Provided further,
That of the funds appropriated under this heading, $500,000 may
not be available for obligation until the Secretary of State
submits a report to the Committees on Appropriations outlining
a plan to increase the capacity of United States Embassy Moscow
to monitor human rights and Russian laws relating to the press
and civil society groups, and consults with the Committees on
Appropriations concerning such plan: Provided further, That the
Secretary may transfer to and merge with ``Emergencies in the
Diplomatic and Consular Service'' for rewards payments
unobligated balances of funds appropriated under ``Diplomatic
and Consular Programs'' for this fiscal year and for each
fiscal year hereafter, at no later than the end of the fifth
fiscal year after the fiscal year for which any such funds were
appropriated or otherwise made available: Provided further,
That funds available under this heading may be available for a
United States Government interagency task force to examine,
coordinate and oversee United States participation in the
United Nations headquarters renovation project: Provided
further, That no funds may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least
15 days in advance, the Committees on Appropriations are
notified of such proposed action: Provided further, That funds
appropriated under this heading are available, pursuant to 31
U.S.C. 1108(g), for the field examination of programs and
activities in the United States funded from any account
contained in this title.
In addition, not to exceed $1,558,390 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act; in addition, as
authorized by section 5 of such Act, $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational
Exchange Act, not to exceed $6,000,000, to remain available
until expended, may be credited to this appropriation from fees
or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and, in addition, not to exceed $15,000, which shall
be derived from reimbursements, surcharges, and fees for use of
Blair House facilities.
In addition, for the costs of worldwide security protection,
$974,760,000, to remain available until expended: Provided,
That of the amount provided by this paragraph, $206,632,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$60,062,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$34,008,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $505,441,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,175,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as
authorized, $23,000,000, to remain available until September
30, 2009.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $761,216,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $676,000,000, to
remain available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,000,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the ``Repatriation Loans
Program Account'', subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $678,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be transferred
to and merged with ``Diplomatic and Consular Programs''.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $16,351,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $158,900,000.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $1,354,400,000: Provided, That the Secretary of
State shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for
the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency,
as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget and cause the United Nations budget for
the biennium 2008-2009 to exceed the revised United Nations
budget level for the biennium 2006-2007 of $4,173,895,900:
Provided further, That any payment of arrearages under this
title shall be directed toward activities that are mutually
agreed upon by the United States and the respective
international organization: Provided further, That none of the
funds appropriated in this paragraph shall be available for a
United States contribution to an international organization for
the United States share of interest costs made known to the
United States Government by such organization for loans
incurred on or after October 1, 1984, through external
borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,700,500,000, of which 15 percent shall remain available
until September 30, 2009: Provided, That none of the funds made
available under this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations and other appropriate committees
of the Congress are notified of the estimated cost and length
of the mission, the national interest that will be served, and
the planned exit strategy; (2) the Committees on Appropriations
and other appropriate committees of the Congress are notified
that the United Nations has taken appropriate measures to
prevent United Nations employees, contractor personnel, and
peacekeeping forces serving in any United Nations peacekeeping
mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation,
and to hold accountable individuals who engage in such acts
while participating in the peacekeeping mission, including the
prosecution in their home countries of such individuals in
connection with such acts; and (3) a reprogramming of funds
pursuant to section 615 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the
Secretary of State to the Committees on Appropriations that
American manufacturers and suppliers are being given
opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being
given to foreign manufacturers and suppliers: Provided further,
That of the amount provided by this paragraph, $468,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$30,430,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $88,425,000, to remain available until expended, as
authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182, $10,940,000: Provided, That of the amount
provided under this heading for the International Joint
Commission, $9,000 may be made available for representation
expenses 45 days after submission to the Committees on
Appropriations of a report detailing obligations, expenditures
and associated activities for fiscal years 2005, 2006 and 2007,
including any unobligated funds which expired at the end of
each fiscal year and the justification for why such funds were
not obligated.
Of the funds made available in the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006, Public
Law 109-108, as continued by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5), for the International Joint Commission
(119 Stat. 2323), $300,000 for the Lake Champlain Basin Program
shall remain available for the purposes intended until
September 30, 2009.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$26,527,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324: Provided further, That funds appropriated
under this heading shall be available for programs in the
amounts contained in the table included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) accompanying this Act and
no proposal for deviation from those amounts shall be
considered.
Other
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), $15,500,000, to remain
available until expended, as authorized.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2008, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2008, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2008, to remain
available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $19,500,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
RELATED AGENCIES
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease, and
installation of necessary equipment for radio and television
transmission and reception to Cuba, and to make and supervise
grants for radio and television broadcasting to the Middle
East, $676,727,000: Provided, That of the total amount in this
heading, not to exceed $16,000 may be used for official
receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as
authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, notwithstanding any other
provision of law, not to exceed $2,000,000 in receipts from
advertising and revenue from business ventures, not to exceed
$500,000 in receipts from cooperating international
organizations, and not to exceed $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes: Provided
further, That of the amount provided by this paragraph,
$12,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and reception,
and purchase and installation of necessary equipment for radio
and television transmission and reception as authorized,
$10,748,000, to remain available until expended, as authorized.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $499,000, as
authorized by section 1303 of Public Law 99-83.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,300,000, to remain available until September 30,
2009.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,370,000, to remain available until September 30, 2009.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2009.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not more
than $4,000 for the purpose of official representation, to
remain available until September 30, 2009: Provided, That the
Commission shall submit a spending plan to the Committees on
Appropriations no later than March 1, 2008 which effectively
addresses the recommendations of the Government Accountability
Office's audit of the Commission (GAO-07-1128): Provided
further, That the Commission shall provide to the Committees on
Appropriations a quarterly accounting of the cumulative
balances of any unobligated funds that were received by the
Commission during any previous fiscal year: Provided further,
That for purposes of costs relating to printing and binding,
the Commission shall be deemed, effective on the date of its
establishment, to be a committee of Congress: Provided further,
That compensation for the executive director of the Commission
may not exceed the rate payable for level II of the Executive
Schedule under section 5314 of title 5, United States Code:
Provided further, That section 1238(c)(1) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001,
is amended by striking ``June'' and inserting ``December'':
Provided further, That travel by members of the Commission and
its staff shall be arranged and conducted under the rules and
procedures applying to travel by members of the House of
Representatives and its staff.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-99; 118 Stat. 448), $150,000, to remain
available until September 30, 2009.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $25,000,000, to remain available until September 30, 2009.
GENERAL PROVISIONS--THIS TITLE
ALLOWANCES AND DIFFERENTIALS
Sec. 101. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
for hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
UNOBLIGATED BALANCES REPORT
Sec. 102. The Department of State and the Broadcasting Board
of Governors shall provide to the Committees on Appropriations
a quarterly accounting of the cumulative balances of any
unobligated funds that were received by such agency during any
previous fiscal year.
EMBASSY CONSTRUCTION
Sec. 103. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct a
diplomatic facility of the United States may not include office
space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that
such department or agency has not provided to the Department of
State the full amount of funding required by subsection (e) of
section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-453), as amended by section 629 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the Marine Corps.
PEACEKEEPING MISSIONS
Sec. 104. None of the funds made available under title I of
this Act may be used for any United Nations undertaking when it
is made known to the Federal official having authority to
obligate or expend such funds that: (1) the United Nations
undertaking is a peacekeeping mission; (2) such undertaking
will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
DENIAL OF VISAS
Sec. 105. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for
any purpose for which appropriations are prohibited by section
616 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2008.
SENIOR POLICY OPERATING GROUP
Sec. 106. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 105(f) of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7103(f)) to coordinate agency activities regarding
policies (including grants and grant policies) involving the
international trafficking in persons, shall coordinate all such
policies related to the activities of traffickers and victims
of severe forms of trafficking.
(b) None of the funds provided under title I of this or any
other Act making appropriations for Department of State and
Related Agencies shall be expended to perform functions that
duplicate coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 105(f).
UNITED STATES CITIZENS BORN IN JERUSALEM
Sec. 107. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
CONSULTING SERVICES
Sec. 108. The expenditure of any appropriation under title I
of this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
COMPLIANCE WITH SECTION 609
Sec. 109. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for
any purpose for which appropriations are prohibited by section
609 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section
609 of that Act shall continue to apply during fiscal year
2008.
STATE DEPARTMENT AUTHORITIES
Sec. 110. Funds appropriated under title I of this Act for
the Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
PERSONNEL ACTIONS
Sec. 111. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 615 of title VI of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
RESTRICTIONS ON UNITED NATIONS DELEGATIONS
Sec. 112. None of the funds made available under title I of
this Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such commission is chaired or presided
over by a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)),
has provided support for acts of international terrorism.
PEACEKEEPING ASSESSMENT
Sec. 113. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e
note) is amended at the end by adding the following: ``(v) For
assessments made during calendar year 2008, 27.1 percent.''.
ALHURRA BROADCASTING
Sec. 114. Funds appropriated for the programs and activities
of Alhurra in fiscal year 2008 may be made available only if
the Secretary of State certifies and reports to the Committees
on Appropriations that Alhurra does not advocate on behalf of
any organization that the Secretary knows, or has reason to
believe, engages in terrorist activities.
department of state inspector general
Sec. 115. (a) Link to Office of Inspector General From
Homepage of Department of State.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall establish and maintain on the homepage of the Internet
website of the Department of State a direct link to the
Internet website of the Office of Inspector General of the
Department of State.
(b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not later
than 30 days after the date of the enactment of this Act, the
Inspector General of the Department of State shall establish
and maintain on the homepage of the Internet website of the
Office of Inspector General a mechanism by which individuals
can anonymously report cases of waste, fraud, or abuse with
respect to the Department of State.
CONSULAR OPERATIONS
Sec. 116. The Secretary of State shall establish limited
consular operations in Iraq within 180 days of enactment of
this Act in which designated categories of aliens may apply and
interview for admission to the United States.
INTERNATIONAL BOUNDARY AND WATER COMMISSION
Sec. 117. Of the funds appropriated in this Act under the
heading ``International Boundary and Water Commission, United
States and Mexico, Construction'' (IBWC), up to $66,000,000 may
be expended for construction of secondary wastewater treatment
capability of at least 25 million gallons per day (mgd) from
the Tijuana River, subject to the following conditions: (1)
IBWC shall resume negotiations in accordance with section 804
of Public Law 106-457; (2) IBWC shall prepare design and
engineering plans to upgrade the South Bay International
Wastewater Treatment Plant to treat 25 mgd to secondary
treatment and update its conceptual designs for a scalable
project capable of treating up to 100 mgd to secondary at the
facility; and (3) none of the funds made available by this
section may be obligated for construction before the Government
Accountability Office completes a report on the proposed
projects.
COMMISSION FINANCIAL MANAGEMENT
Sec. 118. (a) Requirement for Performance Reviews.--The
United States-China Economic and Security Review Commission
shall comply with chapter 43 of title 5, United States Code,
regarding the establishment and regular review of employee
performance appraisals.
(b) Limitation on Cash Awards.--The United States-China
Economic and Security Review Commission shall comply with
section 4505a of title 5, United States Code, with respect to
limitations on payment of performance-based cash awards.
TITLE II
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, as amended, $1,000,000, to remain available until
September 30, 2009.
PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized to
make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the
Government Corporation Control Act, as may be necessary in
carrying out the program for the current fiscal year for such
corporation: Provided, That none of the funds available during
the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-weapon
state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic
or military assistance under this Act, that has detonated a
nuclear explosive after the date of the enactment of this Act:
Provided further, That notwithstanding section 1(c) of Public
Law 103-428, as amended, sections 1(a) and (b) of Public Law
103-428 shall remain in effect through October 1, 2008:
Provided further, That not less than 10 percent of the
aggregate loan, guarantee, and insurance authority available to
the Export-Import Bank under this Act should be used for
renewable energy and environmentally beneficial products and
services.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $68,000,000, to remain
available until September 30, 2011: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2026, for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2008, 2009, 2010, and 2011: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any Eastern European country, any Baltic State
or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$78,000,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2008.
RECEIPTS COLLECTED
Receipts collected pursuant to the Export-Import Bank Act of
1945, as amended, and the Federal Credit Reform Act of 1990, as
amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2008 in
excess of obligations, up to $50,000,000, shall become
available October 1, 2008 and shall remain available until
September 30, 2011.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to
make, without regard to fiscal year limitations, as provided by
31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $47,500,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $23,500,000, as
authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2008, 2009, and 2010: Provided further,
That funds so obligated in fiscal year 2008 remain available
for disbursement through 2016; funds obligated in fiscal year
2009 remain available for disbursement through 2017; funds
obligated in fiscal year 2010 remain available for disbursement
through 2018: Provided further, That notwithstanding any other
provision of law, the Overseas Private Investment Corporation
is authorized to undertake any program authorized by title IV
of the Foreign Assistance Act of 1961 in Iraq: Provided
further, That funds made available pursuant to the authority of
the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private
Investment Corporation Noncredit Account and merged with said
account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $50,400,000, to
remain available until September 30, 2009.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2008,
unless otherwise specified herein, as follows:
GLOBAL HEALTH AND CHILD SURVIVAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $1,843,150,000, to
remain available until September 30, 2009, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be
made available for such activities as: (1) child survival and
maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected
by AIDS; and (6) family planning/reproductive health: Provided
further, That none of the funds appropriated under this
paragraph may be made available for nonproject assistance,
except that funds may be made available for such assistance for
ongoing health activities: Provided further, That of the funds
appropriated under this paragraph, not to exceed $350,000, in
addition to funds otherwise available for such purposes, may be
used to monitor and provide oversight of child survival,
maternal and family planning/reproductive health, and
infectious disease programs: Provided further, That of the
funds appropriated under this paragraph the following amounts
should be allocated as follows: $450,150,000 for child survival
and maternal health; $15,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS; $633,000,000 for other infectious
diseases, including $153,000,000 for tuberculosis control, of
which $15,000,000 shall be used for the Global TB Drug
Facility; and $395,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this paragraph, $72,500,000 should
be made available for a United States contribution to The GAVI
Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading
``Operating Expenses of the United States Agency for
International Development'' for costs directly related to
global health, but funds made available for such costs may not
be derived from amounts made available for contribution under
this and preceding provisos: Provided further, That of the
funds appropriated under this paragraph, $115,000,000 shall be
made available to combat avian influenza, of which $15,000,000
shall be made available, notwithstanding any other provision of
law except section 551 of Public Law 109-102, to enhance the
preparedness of militaries in Asia and Africa to respond to an
avian influenza pandemic, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no
later than six months after the date of enactment of this Act,
and must be accompanied by a comprehensive analysis as well as
the complete evidence and criteria utilized to make the
determination: Provided further, That none of the funds made
available under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That
nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the
use of quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for foreign operations, export financing,
and related programs, the term ``motivate'', as it relates to
family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, That
to the maximum extent feasible, taking into consideration cost,
timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available
only for the procurement of condoms manufactured in the United
States: Provided further, That information provided about the
use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and
failure rates of such use: Provided further, That of the amount
provided by this paragraph, $115,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $4,700,000,000, to remain available until expended, and
which shall be apportioned directly to the Department of State:
Provided, That of the funds appropriated under this paragraph,
$550,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25) for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria, and shall be expended
at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent
of the aggregate amount of funds made available to the Global
Fund in fiscal year 2008 may be made available to the United
States Agency for International Development for technical
assistance related to the activities of the Global Fund:
Provided further, That of the funds appropriated under this
paragraph, up to $13,000,000 may be made available, in addition
to amounts otherwise available for such purposes, for
administrative expenses of the Office of the Global AIDS
Coordinator: Provided further, That funds made available under
this heading shall be made available notwithstanding the second
sentence of section 403(a) of Public Law 108-25.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,636,881,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading
that are made available for assistance programs for displaced
and orphaned children and victims of war, not to exceed
$43,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That $400,000,000 should be
allocated for basic education: Provided further, That of the
funds appropriated by this Act, not less than $245,000,000
shall be made available for microenterprise and microfinance
development programs for the poor, especially women: Provided
further, That of the funds appropriated under this heading, not
less than $28,000,000 shall be made available for Collaborative
Research Support Programs: Provided further, That of the funds
appropriated under this heading, $750,000 shall be made
available to implement 7 U.S.C. section 1736g-2(a)(2)(C) to
improve food aid product quality and nutrient delivery:
Provided further, That of the funds appropriated under this
heading, not less than $22,500,000 shall be made available for
the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this heading,
$12,000,000 should be made available for cooperative
development programs within the Office of Private and Voluntary
Cooperation: Provided further, That funds appropriated under
this heading should be made available for programs to address
sexual and gender-based violence: Provided further, That of the
funds appropriated in this Act, not less than $300,000,000
shall be made available for safe drinking water and sanitation
supply projects, including water management related to safe
drinking water and sanitation, only to implement the Senator
Paul Simon Water for the Poor Act of 2005 (Public Law 109-121),
of which not less than $125,000,000 should be made available
for such projects in Africa: Provided further, That of the
funds appropriated under this heading, not less than
$15,000,000 shall be made available for programs to improve
women's leadership capacity in recipient countries, and
$10,000,000 may be made available to support a fund that
enhances economic opportunities for very poor, poor, and low-
income women in developing countries.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international
disaster relief, rehabilitation, and reconstruction assistance,
$432,350,000, to remain available until expended, of which
$20,000,000 should be for famine prevention and relief:
Provided further, That of the amount provided by this
paragraph, $110,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act).
TRANSITION INITIATIVES
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $45,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that it is important
to the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part
I of the Act: Provided further, That such costs, including the
cost of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That funds made available by this
paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used
for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for
International Development, $8,160,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided, That funds made available under this heading shall
remain available until September 30, 2010.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $655,800,000, of
which up to $25,000,000 may remain available until September
30, 2009: Provided, That none of the funds appropriated under
this heading and under the heading ``Capital Investment Fund''
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term
lease of offices for use by the United States Agency for
International Development, unless the Administrator has
identified such proposed construction (including architect and
engineering services), purchase, or long-term lease of offices
in a report submitted to the Committees on Appropriations at
least 15 days prior to the obligation of these funds for such
purposes: Provided further, That the previous proviso shall not
apply where the total cost of construction (including architect
and engineering services), purchase, or long-term lease of
offices does not exceed $1,000,000: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading may entail commitments for the expenditure
of such funds through fiscal year 2009: Provided further, That
any decision to open a new overseas mission or office of the
United States Agency for International Development or, except
where there is a substantial security risk to mission
personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961 may
be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses of the United States Agency for
International Development'' in accordance with the provisions
of those sections: Provided further, That of the amount
provided by this paragraph, $20,800,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
CAPITAL INVESTMENT FUND OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $88,000,000, to
remain available until expended: Provided, That this amount is
in addition to funds otherwise available for such purposes:
Provided further, That funds appropriated under this heading
shall be available for obligation only pursuant to the regular
notification procedures of the Committees on Appropriations.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $38,000,000, to
remain available until September 30, 2009, which sum shall be
available for the Office of the Inspector General of the United
States Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$2,994,823,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not less than $415,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which sum
cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic
and democratic reforms which are additional to those which were
undertaken in previous fiscal years: Provided further, That
with respect to the provision of assistance for Egypt for
democracy, human rights and governance activities, the
organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the Government of Egypt: Provided further, That of
the funds appropriated under this heading for assistance for
Egypt, not less than $135,000,000 shall be made available for
project assistance, of which not less than $20,000,000 shall be
made available for democracy, human rights and governance
programs and not less than $50,000,000 shall be used for
education programs, of which not less than $10,000,000 should
be made available for scholarships for Egyptian students with
high financial need to attend United States accredited
institutions of higher education in Egypt: Provided further,
That $11,000,000 of the funds appropriated under this heading
should be made available for Cyprus to be used only for
scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and
promote peace and cooperation between the two communities on
Cyprus: Provided further, That of the funds appropriated under
this heading, not less than $363,547,000 shall be made
available only for assistance for Jordan: Provided further,
That of the funds appropriated under this heading that are made
available for assistance for Jordan, up to $40,000,000 may be
transferred to, and merged with, funds appropriated by this Act
under the heading ``Debt Restructuring'' for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of reducing or cancelling amounts owed to the United States or
any agency of the United States by the Hashemite Kingdom of
Jordan: Provided further, That of the funds appropriated under
this heading not more than $218,500,000 may be made available
for assistance for the West Bank and Gaza, of which not to
exceed $2,000,000 may be used for administrative expenses of
the United States Agency for International Development, in
addition to funds otherwise available for such purposes, to
carry out programs in the West Bank and Gaza: Provided further,
That if the President exercises the waiver authority under
section 650 of this Act, of the funds made available under this
heading for assistance to the Palestinian Authority, not more
than $100,000,000 of the funds made available under this
heading for cash transfer assistance to the Palestinian
Authority may be obligated for such assistance until the
Secretary of State certifies and reports to the Committees on
Appropriations that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing
and all financing mechanisms flow through this account, has
eliminated all parallel financing mechanisms outside of the
Palestinian Authority treasury account, and has established a
single comprehensive civil service roster and payroll: Provided
further, That none of the funds appropriated under this heading
for cash transfer assistance to the Palestinian Authority may
be obligated for salaries of personnel of the Palestinian
Authority located in Gaza: Provided further, That none of the
funds appropriated under this heading for cash transfer
assistance to the Palestinian Authority may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas or any power-sharing government with Hamas
unless Hamas has accepted the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
amended: Provided further, That the Secretary of State shall
ensure that Federal or non-Federal audits of all funds
appropriated under this heading for cash transfer assistance to
the Palestinian Authority are conducted on at least an annual
basis to ensure compliance with this Act, and such audit shall
include a detailed accounting of all programs, projects, and
activities carried out using such funds, including both
obligations and expenditures, and that the audit is compliant
with generally accepted accounting standards: Provided further,
That funds made available under this heading for cash transfer
assistance to the Palestinian Authority shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That $45,000,000 of the funds
appropriated under this heading shall be made available for
assistance for Lebanon, of which not less than $10,000,000
should be made available for scholarships and direct support of
American educational institutions in Lebanon: Provided further,
That not more than $300,000,000 of the funds made available for
assistance for Afghanistan under this heading may be obligated
for such assistance until the Secretary of State certifies to
the Committees on Appropriations that the Government of
Afghanistan at both the national and provincial level is
cooperating fully with United States funded poppy eradication
and interdiction efforts in Afghanistan: Provided further, That
the President may waive the previous proviso if he determines
and reports to the Committees on Appropriations that to do so
is vital to the national security interests of the United
States: Provided further, That such report shall include an
analysis of the steps being taken by the Government of
Afghanistan, at the national and provincial level, to cooperate
fully with United States funded poppy eradication and
interdiction efforts in Afghanistan: Provided further, That of
the funds appropriated under this heading, $196,000,000 shall
be apportioned directly to the United States Agency for
International Development (USAID) for alternative development/
institution building and sustainable development programs in
Colombia and may be transferred to, and merged with, funds
appropriated under the heading ``Development Assistance'' to
continue programs administered by USAID: Provided further, That
with respect to funds apportioned to USAID for programs in
Colombia under this heading, the responsibility for policy
decisions for the use of such funds, including which activities
will be funded and the amount of funds that will be provided
for each of those activities, shall be the responsibility of
the Administrator of USAID in consultation with the Assistant
Secretary of State for International Narcotics and Law
Enforcement Affairs: Provided further, That of the funds
appropriated under this heading that are available for
assistance for the Democratic Republic of Timor-Leste, up to
$1,000,000 may be available for administrative expenses of the
United States Agency for International Development in addition
to amounts otherwise made available for such purposes: Provided
further, That notwithstanding any other provision of law, funds
appropriated under this heading may be made available for
programs and activities for the Central Highlands of Vietnam:
Provided further, That notwithstanding any other provision of
law, of the funds appropriated under this heading, up to
$53,000,000 may be made available for energy-related assistance
for North Korea, subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available
for a Middle East Financing Facility, Middle East Enterprise
Fund, or any other similar entity in the Middle East shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
amount provided by this paragraph, $542,568,000 is designated
as described in section 5 (in the matter preceding division A
of this consolidated Act).
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$15,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2009.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $295,950,000, to remain
available until September 30, 2009, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative
authorities contained in that Act for the use of economic
assistance.
(c) The provisions of section 628 of this Act shall apply to
funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 628 of this Act, local currencies
generated by, or converted from, funds appropriated by this Act
and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy SEED Act of 1989.
(d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $399,735,000, to remain available until September 30,
2009: Provided, That the provisions of such chapters shall
apply to funds appropriated by this paragraph: Provided
further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law,
for confidence-building measures and other activities in
furtherance of the peaceful resolution of regional conflicts,
especially those in the vicinity of Abkhazia and Nagorno-
Karabagh: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading in this
Act or prior Acts making appropriations for foreign operations,
export financing, and related programs, that are made available
pursuant to the provisions of section 807 of Public Law 102-511
shall be subject to a 6 percent ceiling on administrative
expenses.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $21,000,000,
to remain available until September 30, 2009.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $30,000,000, to remain available until
September 30, 2009: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, (1) in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project and (2) a project may exceed the
limitation by up to $10,000 if the increase is due solely to
foreign currency fluctuation: Provided further, That the
Foundation shall provide a report to the Committees on
Appropriations after each time such waiver authority is
exercised.
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not
to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States, $333,500,000, to
remain available until September 30, 2009: Provided, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That the Director may
transfer to the Foreign Currency Fluctuations Account, as
authorized by 22 U.S.C. 2515, an amount not to exceed
$2,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made
available for Peace Corps overseas operations.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $1,557,000,000, to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $88,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation: Provided further, That up to 10 percent
of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the
Millennium Challenge Act of 2003 for candidate countries for
fiscal year 2008: Provided further, That none of the funds
available to carry out section 616 of such Act may be made
available until the Chief Executive Officer of the Millennium
Challenge Corporation provides a report to the Committees on
Appropriations listing the candidate countries that will be
receiving assistance under section 616 of such Act, the level
of assistance proposed for each such country, a description of
the proposed programs, projects and activities, and the
implementing agency or agencies of the United States
Government: Provided further, That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section
609 of the Millennium Challenge Act of 2003 only if such
Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the
United States Government funding anticipated for the duration
of the Compact.
Department of State
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, $164,000,000, of which the following amounts shall be
made available, subject to the regular notification procedures
of the Committees on Appropriations, until September 30, 2010--
(1) $64,000,000 for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and
Labor, Department of State, of which $15,000,000 shall
be for democracy and rule of law programs in the
People's Republic of China, Hong Kong, and Taiwan:
Provided, That assistance for Taiwan should be matched
from sources other than the United States Government:
Provided further, That $5,000,000 shall be made
available for programs and activities for the promotion
of democracy in countries located outside the Middle
East region with a significant Muslim population, and
where such programs and activities would be important
to United States efforts to respond to, deter, or
prevent acts of international terrorism: Provided
further, That funds used for such purposes should
support new initiatives and activities in those
countries: Provided further, That $15,000,000 shall be
made available for an internet freedom initiative to
expand access and information in closed societies,
including in the Middle East and Asia: Provided
further, That the Department of State shall consult
with the Committees on Appropriations prior to the
initial obligation of funds made available pursuant to
the previous proviso; and
(2) $100,000,000 for the National Endowment for
Democracy: Provided, That of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Eastern
Europe and the Baltic States'', and ``Assistance for
the Independent States of the Former Soviet Union'', an
additional $11,000,000 should be made available to
support the ongoing programs and activities of the
National Endowment for Democracy.
(b) Funds appropriated by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of law and, with regard to
the National Endowment for Democracy, any regulation. Funds
appropriated under this heading are in addition to funds
otherwise available for such purposes.
(c) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the rule
of law, and otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of
democratic states, institutions, and practices that are
responsive and accountable to citizens.
(d) Any contract, grant or cooperative agreement (or any
amendment to any contract, grant, or cooperative agreement) in
excess of $2,500,000 for the promotion of democracy under this
Act shall be subject to the regular notification procedures of
the Committees on Appropriations.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $558,449,000, to remain
available until September 30, 2010: Provided, That during
fiscal year 2008, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided
further, That none of the funds provided under this heading for
counter narcotics activities in Afghanistan shall be made
available for eradication programs through the aerial spraying
of herbicides: Provided further, That of the funds appropriated
under this heading, not less than $39,750,000 shall be made
available for judicial, human rights, rule of law and related
activities for Colombia, of which not less than $20,000,000
shall be made available for the Office of the Attorney General,
of which $5,000,000 shall be for the Human Rights Unit,
$5,000,000 shall be for the Justice and Peace Unit, $7,000,000
shall be used to support a witness protection program for
victims of armed groups, and $3,000,000 shall be for
investigations of mass graves and identification of remains:
Provided further, That of the funds appropriated under this
heading that are available for assistance for Colombia,
$8,000,000 shall be available for human rights activities,
$5,500,000 shall be available for judicial reform, $3,000,000
shall be for the Office of the Procuraduria General de la
Nacion, $2,000,000 shall be for the Office of the Defensoria
del Pueblo, and $750,000 should be made available for a United
States contribution to the Office of the United Nations High
Commissioner for Human Rights in Colombia to support monitoring
and public reporting of human rights conditions in the field:
Provided further, That of the funds appropriated under this
heading, not more than $38,000,000 may be available for
administrative expenses.
ANDEAN COUNTERDRUG PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America, $327,460,000,
to remain available until September 30, 2010: Provided, That
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development,
shall provide to the Committees on Appropriations not later
than 45 days after the date of the enactment of this Act and
prior to the initial obligation of funds appropriated under
this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading
that is made available notwithstanding section 482(b) of the
Foreign Assistance Act of 1961 shall be made available subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available to
the Department of State for assistance to the Government of
Colombia in this Act may be used to support a unified campaign
against narcotics trafficking and organizations designated as
Foreign Terrorist Organizations, and to take actions to protect
human health and welfare in emergency circumstances, including
undertaking rescue operations: Provided further, That this
authority shall cease to be effective if the Secretary of State
has credible evidence that the Colombian Armed Forces are not
conducting vigorous operations to restore government authority
and respect for human rights in areas under the effective
control of paramilitary organizations, illegal self-defense
groups, illegal security cooperatives, or other criminal,
guerrilla or successor armed groups or organizations: Provided
further, That the President shall ensure that if any helicopter
procured with funds in this Act or prior Acts making
appropriations for foreign operations, export financing, and
related programs, is used to aid or abet the operations of any
illegal self-defense group, paramilitary organization, illegal
security cooperative or successor organizations in Colombia,
such helicopter shall be immediately returned to the United
States: Provided further, That no United States Armed Forces
personnel or United States civilian contractor employed by the
United States will participate in any combat operation in
connection with assistance made available by this Act for
Colombia: Provided further, That rotary and fixed wing aircraft
supported with funds appropriated under this heading for
assistance for Colombia may be used for aerial or manual drug
eradication and interdiction including to transport personnel
and supplies and to provide security for such operations, and
to provide transport in support of alternative development
programs and investigations of cases under the jurisdiction of
the Attorney General, the Procuraduria General de la Nacion,
and the Defensoria del Pueblo: Provided further, That of the
funds appropriated under this heading that are available for
Colombia, up to $2,500,000 shall be transferred to, and merged
with, funds appropriated under the heading ``Foreign Military
Financing Program'' and shall be made available only for
assistance for the Colombian Armed Forces to provide security
for manual eradication programs and up to $2,500,000 shall be
transferred to, and merged with, funds appropriated under the
heading ``International Narcotics Control and Law Enforcement''
and shall be made available only for assistance for the
Colombian National Police to provide security for manual
eradication programs: Provided further, That of the funds
available for the Colombian national police for the procurement
of chemicals for aerial coca and poppy eradication programs,
not more than 20 percent of such funds may be made available
for such eradication programs unless the Secretary of State
certifies to the Committees on Appropriations that: (1) the
herbicide is being used in accordance with EPA label
requirements for comparable use in the United States and with
Colombian laws; and (2) the herbicide, in the manner it is
being used, does not pose unreasonable risks or adverse effects
to humans or the environment including endemic species:
Provided further, That such funds may not be made available
unless the Secretary of State certifies to the Committees on
Appropriations that complaints of harm to health or licit crops
caused by such aerial eradication are thoroughly evaluated and
fair compensation is being paid in a timely manner for
meritorious claims: Provided further, That the Secretary shall
submit a report to the Committees on Appropriations detailing
all claims, evaluations, and compensation paid during the
twelve month period prior to the date of enactment of this Act:
Provided further, That such funds may not be made available for
such purposes unless programs are being implemented by United
States Agency for International Development, the Government of
Colombia, or other organizations, in consultation and
coordination with local communities, to provide alternative
sources of income in areas where security permits for small-
acreage growers and communities whose illicit crops are
targeted for aerial eradication: Provided further, That none of
the funds appropriated by this Act shall be made available for
the cultivation or processing of African oil palm, if doing so
would contribute to significant loss of native species, disrupt
or contaminate natural water sources, reduce local food
security, or cause the forced displacement of local people:
Provided further, That funds appropriated by this Act may be
used for aerial eradication in Colombia's national parks or
reserves only if the Secretary of State certifies to the
Committees on Appropriations on a case-by-case basis that there
are no effective alternatives and the eradication is conducted
in accordance with Colombian laws: Provided further, That funds
appropriated under this heading that are made available for
assistance for the Bolivian military and police may be made
available for such purposes only if the Secretary of State
certifies to the Committees on Appropriations that the Bolivian
military and police are respecting human rights and cooperating
fully with investigations and prosecutions by civilian judicial
authorities of military and police personnel who have been
implicated in gross violations of human rights: Provided
further, That of the funds appropriated under this heading, not
more than $17,000,000 may be available for administrative
expenses of the Department of State, and not more than
$7,800,000 may be available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the
United States Agency for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable
the Secretary of State to provide, as authorized by law, a
contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $1,029,900,000, to remain
available until expended: Provided, That not more than
$23,000,000 may be available for administrative expenses:
Provided further, That not less than $40,000,000 of the funds
made available under this heading shall be made available for
refugees resettling in Israel: Provided further, That funds
made available under this heading shall be made available for
assistance for refugees from North Korea: Provided further,
That of the amount provided by this paragraph, $200,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $45,000,000, to remain available
until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $487,000,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter 9
of part II of the Foreign Assistance Act of 1961, section 504
of the FREEDOM Support Act, section 23 of the Arms Export
Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $34,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That of the funds
appropriated under this heading, not less than $26,000,000
shall be made available for the Biosecurity Engagement Program:
Provided further, That funds appropriated under this heading
may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so
reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency: Provided
further, That of the funds made available for demining and
related activities, not to exceed $700,000, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and management
of the demining program: Provided further, That funds
appropriated under this heading that are available for ``Anti-
terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2009.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $20,400,000, to
remain available until September 30, 2010, which shall be
available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been
appropriated or otherwise made available for programs within
the International Affairs Budget Function 150, including the
cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $30,300,000, to remain available until September
30, 2010: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.
TITLE IV
MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $85,877,000, of
which up to $3,000,000 may remain available until expended:
Provided, That funds appropriated under this heading shall not
be available for Equatorial Guinea: Provided further, That the
civilian personnel for whom military education and training may
be provided under this heading may include civilians who are
not members of a government whose participation would
contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That funds appropriated under this heading that are
made available for assistance for Angola, Cameroon, Central
African Republic, Chad, Cote d'Ivoire, Guinea, Libya, and Nepal
may be made available only for expanded international military
education and training: Provided further, That funds made
available under this heading in the second proviso and for
assistance for Haiti, Guatemala, the Democratic Republic of the
Congo, Sri Lanka, Ethiopia, Bangladesh, Libya, Angola, and
Nigeria may only be provided through the regular notification
procedures of the Committees on Appropriations and any such
notification shall include a detailed description of proposed
activities.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for grants to enable the President to
carry out the provisions of section 23 of the Arms Export
Control Act, $4,588,325,000: Provided, That of the funds
appropriated under this heading, not less than $2,400,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$631,200,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $300,000,000 shall be made
available for assistance for Jordan: Provided further, That of
the funds appropriated under this heading, not more than
$53,000,000 shall be available for Colombia, of which
$5,000,000 should be made available for medical and
rehabilitation assistance, removal of landmines, and to enhance
communications capabilities: Provided further, That of the
funds appropriated under this heading, $3,655,000 may be made
available for assistance for Morocco, and an additional
$1,000,000 may be made available if the Secretary of State
certifies to the Committees on Appropriations that the
Government of Morocco is continuing to make progress on human
rights, and is allowing all persons to advocate freely their
views regarding the status and future of the Western Sahara
through the exercise of their rights to peaceful expression,
association and assembly and to document violations of human
rights in that territory without harassment: Provided further,
That funds appropriated or otherwise made available by this
paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That $4,000,000 of the funds appropriated
under this heading shall be transferred to and merged with
funds appropriated under the heading ``Diplomatic and Consular
Programs'' to be made available to the Bureau of Democracy,
Human Rights and Labor, Department of State, to ensure adequate
monitoring of the uses of assistance made available under this
heading in countries where such monitoring is most needed, in
addition to amounts otherwise available for such purposes.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 615 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan: Provided further, That none of the funds
appropriated under this heading may be made available for
assistance for Haiti, Guatemala, Nepal, Sri Lanka, Pakistan,
Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina,
Ethiopia, and Democratic Republic of the Congo except pursuant
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries for
which assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds
made available under this heading for procurement of defense
articles, defense services or design and construction services
that are not sold by the United States Government under the
Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the
minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$41,900,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales: Provided further, That not more
than $395,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2008 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2008 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act: Provided further,
That of the amount provided by this paragraph, $100,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $263,230,000:
Provided, That of the funds made available under this heading,
not less than $25,000,000 shall be made available for a United
States contribution to the Multinational Force and Observers
mission in the Sinai: Provided further, That none of the funds
appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures
of the Committees on Appropriations: Provided further, That of
the amount provided by this paragraph, $35,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
TITLE V
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment
Facility, $81,763,000 to the International Bank for
Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $950,000,000, to remain
available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $75,153,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury, $2,037,000, for the United States paid-in
share of the increase in capital stock, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $31,918,770.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $135,684,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $10,159 for the
United States share of the paid-in portion of the increase in
capital stock, to remain available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $18,072,000, to remain available
until expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of
1973, $319,485,000.
TITLE VI
GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 601. (a) No funds appropriated in titles II through V of
this Act may be made as payment to any international financial
institution while the United States Executive Director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such Director receives from
the United States, is in excess of the rate provided for an
individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution
is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATIONS
Sec. 602. None of the funds appropriated or otherwise made
available under any title of this Act may be made available to
make any assessed contribution or voluntary payment of the
United States to the United Nations if the United Nations
implements or imposes any taxation on any United States
persons.
LIMITATION ON RESIDENCE EXPENSES
Sec. 603. Of the funds appropriated or made available
pursuant to title III of this Act, not to exceed $100,500 shall
be for official residence expenses of the United States Agency
for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
UNOBLIGATED BALANCES REPORT
Sec. 604. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly
accounting of cumulative balances by program, project, and
activity of the funds received by such Department or Agency in
this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 605. Of the funds appropriated or made available
pursuant to titles II through V of this Act, not to exceed
$250,000 shall be available for representation and
entertainment allowances, of which not to exceed $4,000 shall
be available for entertainment allowances, for the United
States Agency for International Development during the current
fiscal year: Provided, That no such entertainment funds may be
used for the purposes listed in section 648 of this Act:
Provided further, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars:
Provided further, That of the funds made available by this Act
for general costs of administering military assistance and
sales under the heading ``Foreign Military Financing Program'',
not to exceed $4,000 shall be available for entertainment
expenses and not to exceed $130,000 shall be available for
representation allowances: Provided further, That of the funds
made available by this Act under the heading ``International
Military Education and Training'', not to exceed $55,000 shall
be available for entertainment allowances: Provided further,
That of the funds made available by this Act for the Inter-
American Foundation, not to exceed $3,000 shall be available
for entertainment and representation allowances: Provided
further, That of the funds made available by this Act for the
Peace Corps, not to exceed a total of $4,000 shall be available
for entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $4,000 shall be available
for representation and entertainment allowances: Provided
further, That of the funds made available by this Act under the
heading ``Millennium Challenge Corporation'', not to exceed
$115,000 shall be available for representation and
entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 606. (a) Prohibition on Taxation.--None of the funds
appropriated under titles II through V of this Act may be made
available to provide assistance for a foreign country under a
new bilateral agreement governing the terms and conditions
under which such assistance is to be provided unless such
agreement includes a provision stating that assistance provided
by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with
this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to
200 percent of the total taxes assessed during fiscal year 2008
on funds appropriated by this Act by a foreign government or
entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2009 and allocated
for the central government of such country and for the West
Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to
any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the policy of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
North Korea, Iran, or Syria: Provided, That for purposes of
this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
MILITARY COUPS
Sec. 608. None of the funds appropriated or otherwise made
available pursuant to titles II through V of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government
is deposed by military coup or decree: Provided, That
assistance may be resumed to such government if the President
determines and certifies to the Committees on Appropriations
that subsequent to the termination of assistance a
democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public
participation in democratic processes: Provided further, That
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the
Committees on Appropriations.
TRANSFER AUTHORITY
Sec. 609. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 615 (a) and (b) of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2008, for programs
under title II of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c)(1) Limitation on Transfers Between Agencies.--None of the
funds made available under titles II through V of this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in
this Act, unless the President provides notification in
accordance with the regular notification procedures of the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 610. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
AVAILABILITY OF FUNDS
Sec. 611. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 661, section 667,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance
Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the headings ``Assistance for Eastern
Europe and the Baltic States'' and ``Development Credit
Authority'', shall remain available for an additional 4 years
from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated
before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 612. No part of any appropriation provided under titles
II through V in this Act shall be used to furnish assistance to
the government of any country which is in default during a
period in excess of one calendar year in payment to the United
States of principal or interest on any loan made to the
government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless
the President determines, following consultations with the
Committees on Appropriations, that assistance to such country
is in the national interest of the United States.
COMMERCE AND TRADE
Sec. 613. (a) None of the funds appropriated or made
available pursuant to titles II through V of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to benefit
American producers.
SURPLUS COMMODITIES
Sec. 614. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to titles II through V of this Act, for the production
or extraction of any commodity or mineral for export, if it is
in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity.
REPROGRAMMING NOTIFICATION REQUIREMENTS
Sec. 615. (a) None of the funds made available in title I of
this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2008, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the
agencies and departments funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds
that: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5)
closes or opens a mission or post; (6) reorganizes or renames
offices; (7) reorganizes programs or activities; or (8)
contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under previous
appropriations Acts to the agencies or department funded under
title I of this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies or department funded by title
I of this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming
of funds in excess of $750,000 or 10 percent, whichever is
less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through V of this Act for
``Global Health and Child Survival'', ``Development
Assistance'', ``International Organizations and Programs'',
``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Programs'',
``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Economic Support Fund'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Capital Investment Fund'',
``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'' (by
country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this
subsection shall not apply to any reprogramming for an
activity, program, or project for which funds are appropriated
under titles III or IV of this Act of less than 10 percent of
the amount previously justified to the Congress for obligation
for such activity, program, or project for the current fiscal
year.
(d) The requirements of this section or any similar provision
of this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived
if failure to do so would pose a substantial risk to human
health or welfare: Provided, That in case of any such waiver,
notification to the Congress, or the appropriate congressional
committees, shall be provided as early as practicable, but in
no event later than 3 days after taking the action to which
such notification requirement was applicable, in the context of
the circumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
Sec. 616. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
titles II through V of this Act or any previously enacted Act
making appropriations for foreign operations, export financing,
and related programs, which are returned or not made available
for organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2009:
Provided, That section 307(a) of the Foreign Assistance Act of
1961 is amended by striking ``Libya,''.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
Sec. 617. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines that
to do so is in the national security interest of the United
States.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(e)(1) Of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' that are allocated for assistance for the Government of
the Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Government
of the Russian Federation--
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 618. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
ALLOCATIONS
Sec. 619. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) accompanying
this Act:
``Educational and Cultural Exchange Programs''.
``American Sections, International Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic
States''.
``Assistance for the Independent States of the Former
Soviet Union''.
``Democracy Fund''.
``International Narcotics Control and Law
Enforcement''.
``Andean Counterdrug Programs''.
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act) shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961.
SPECIAL NOTIFICATION REQUIREMENTS
Sec. 620. None of the funds appropriated under titles II
through V of this Act shall be obligated or expended for
assistance for Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran,
Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia except as
provided through the regular notification procedures of the
Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 621. For the purpose of titles II through V of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the United
States Agency for International Development ``program, project,
and activity'' shall also be considered to include central,
country, regional, and program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of
this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
GLOBAL HEALTH AND CHILD SURVIVAL ACTIVITIES
Sec. 622. Up to $13,500,000 of the funds made available by
this Act in title III for assistance under the heading ``Global
Health and Child Survival'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be
used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles III and IV of this Act that are
made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision
of law except for the provisions under the heading ``Global
Health and Child Survival'' and the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117
Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided
further, That of the funds appropriated under title III of this
Act, not less than $461,000,000 shall be made available for
family planning/reproductive health.
AFGHANISTAN
Sec. 623. Of the funds appropriated under titles III and IV
of this Act, not less than $1,057,050,000 should be made
available for assistance for Afghanistan: Provided, That of the
funds made available pursuant to this section, $3,000,000
should be made available for reforestation activities: Provided
further, That funds made available pursuant to the previous
proviso should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided
further, That of the funds allocated for assistance for
Afghanistan from this Act not less than $75,000,000 shall be
made available to support programs that directly address the
needs of Afghan women and girls, including for the Afghan
Independent Human Rights Commission, the Afghan Ministry of
Women's Affairs, and for women-led nonprofit organizations in
Afghanistan: Provided further, That of the funds appropriated
by this Act that are available for Afghanistan, $20,000,000
should be made available through United States universities to
develop agriculture extension services for Afghan farmers,
$2,000,000 should be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund, and not less than $10,000,000 should
be made available for continued support of the United States
Agency for International Development's Afghan Civilian
Assistance Program.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 624. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
GLOBAL FUND MANAGEMENT
Sec. 625. (a) Notwithstanding any other provision of this
Act, 20 percent of the funds that are appropriated by this Act
for a contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State certifies to the Committees on Appropriations that the
Global Fund--
(1) is releasing incremental disbursements only if
grantees demonstrate progress against clearly defined
performance indicators;
(2) is providing support and oversight to country-
level entities, such as country coordinating
mechanisms, principal recipients, and Local Fund Agents
(LFAs), to enable them to fulfill their mandates;
(3) has a full-time, professional, independent Office
of Inspector General that is fully operational;
(4) requires LFAs to assess whether a principal
recipient has the capacity to oversee the activities of
sub-recipients;
(5) is making progress toward implementing a
reporting system that breaks down grantee budget
allocations by programmatic activity;
(6) has adopted and is implementing a policy to
publish on a publicly available website the reports of
the Global Fund's Inspector General in a manner that is
consistent with the Policy for Disclosure of Reports of
the Inspector General as approved at the 16th Meeting
of the Board of the Global Fund to Fight AIDS,
Tuberculosis and Malaria; and
(7) is tracking and encouraging the involvement of
civil society, including faith-based organizations, in
country coordinating mechanisms and program
implementation.
(b) The Secretary of State shall submit a report to the
Committees on Appropriations not later than 120 days after
enactment of this Act on the involvement of faith-based
organizations in Global Fund programs. The report shall
include--
(1) on a country-by-country basis--
(A) a description of the amount of grants and
sub-grants provided to faith-based
organizations; and
(B) a detailed description of the involvement
of faith-based organizations in the Country
Coordinating Mechanism (CCM) process of the
Global Fund; and
(2) a description of actions the Global Fund is
taking to enhance the involvement of faith-based
organizations in the CCM process, particularly in
countries in which the involvement of faith-based
organizations has been underrepresented.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 626. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President
shall publish each waiver in the Federal Register and, at least
15 days before the waiver takes effect, shall notify the
Committees on Appropriations of the waiver (including the
justification for the waiver) in accordance with the regular
notification procedures of the Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 627. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-
for-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title III of
this Act and, subject to the regular notification procedures of
the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
SEPARATE ACCOUNTS
Sec. 628. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of
local currencies of that country, the Administrator of
the United States Agency for International Development
shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of the United
States Agency for International Development and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon
with the foreign government, local currencies deposited
in a separate account pursuant to subsection (a), or an
equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for
such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--The United States
Agency for International Development shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which
remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of the
United States Agency for International Development
shall report on an annual basis as part of the
justification documents submitted to the Committees on
Appropriations on the use of local currencies for the
administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government
of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject
sector assistance, that country shall be required to
maintain such funds in a separate account and not
commingle them with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of subsection
(b)(1) only through the notification procedures of the
Committees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
Sec. 629. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available under titles II through V of this
Act for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
FINANCIAL MARKET ASSISTANCE
Sec. 630. Of the funds appropriated by this Act under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made
available for building capital markets and financial systems in
countries eligible to receive United States assistance.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 631. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 632. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose
of inducing such an enterprise to relocate outside the
United States if such incentive or inducement is likely
to reduce the number of employees of such business
enterprise in the United States because United States
production is being replaced by such enterprise outside
the United States; or
(2) assistance for any program, project, or activity
that contributes to the violation of internationally
recognized workers rights, as defined in section 507(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that
country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate
with the level of development of the recipient country
and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
COMPREHENSIVE EXPENDITURES REPORT
Sec. 633. Not later than 180 days after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the total amount of
United States Government expenditures in fiscal years 2005 and
2006, by Federal agency, for programs and activities in each
foreign country, identifying the line item as presented in the
President's Budget Appendix and the purpose for which the funds
were provided: Provided, That if required, information may be
submitted in classified form.
SPECIAL AUTHORITIES
Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated under titles II through V of this
Act that are made available for assistance for Afghanistan may
be made available notwithstanding section 612 of this Act or
any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles II and
III of this Act that are made available for Iraq, Lebanon,
Montenegro, Pakistan, and for victims of war, displaced
children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954,
may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the
United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months after the
enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 118 Stat. 3038) is amended by striking ``2007'' and
inserting ``2009''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(h) China Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading ``Development
Assistance'' in this Act, not less than $10,000,000 shall be
made available to United States educational institutions and
nongovernmental organizations for programs and activities in
the People's Republic of China relating to the environment,
democracy, and the rule of law: Provided, That funds made
available pursuant to this authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(i) Middle East Foundation.--Funds appropriated by this Act
and prior Acts for a Middle East Foundation shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(j) Extension of Authority.--Section 1365(c) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 22 U.S.C. 2778 note) is amended by striking ``During the
16 year period beginning on October 23, 1992'' and inserting
``During the 22 year period beginning on October 23, 1992''
before the period at the end.
(k) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and
2007'' and inserting ``2007, and 2008''; and
(B) in subsection (e), by striking ``2007''
each place it appears and inserting ``2008'';
and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2007'' and inserting
``2008''.
(l) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(m) Capital Security Cost-Sharing.--Notwithstanding any other
provision of law, of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'', not less
than $2,000,000 shall be made available for the Capital
Security Cost-Sharing fees of the Library of Congress.
(n) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive Order, funds appropriated by this Act and prior Acts
making appropriations for foreign operations, export financing,
and related programs under the headings ``Economic Support
Fund'', ``Peacekeeping Operations'', ``International Disaster
Assistance'', and ``Transition Initiatives'' should be made
available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign
terrorist organizations: Provided, That the Secretary of State
shall consult with the Committees on Appropriations prior to
the obligation of funds pursuant to this subsection: Provided
further, That for the purposes of this subsection,
``International Disaster Assistance'' may also mean
``International Disaster and Famine Assistance'': Provided
further, That for the purposes of this subsection the term
``foreign terrorist organization'' means an organization
designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.
(o) Nongovernmental Organizations.--With respect to the
provision of assistance for democracy, human rights and
governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall not
be subject to the prior approval by the government of any
foreign country.
(p) Prison Conditions.--Funds appropriated by this Act to
carry out the provisions of chapters 1 and 11 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961, and
the Support for East European Democracy (SEED) Act of 1989, may
be used to provide assistance to improve conditions in prison
facilities administered by foreign governments, including among
other things, activities to improve prison sanitation and
ensure the availability of adequate food, drinking water and
medical care for prisoners: Provided, That assistance made
available under this subsection may be made available
notwithstanding section 660 of the Foreign Assistance Act of
1961, and subject to the regular notification procedures of the
Committees on Appropriations.
(q) Program for Research and Training on Eastern Europe and
the Independent States of the Former Soviet Union.--Of the
funds appropriated by this Act under the heading, ``Economic
Support Fund'', not less than $5,000,000 shall be made
available to carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former Soviet
Union (title VIII) as authorized by the Soviet-Eastern European
Research and Training Act of 1983 (22 U.S.C. 4501-4508, as
amended).
(r) Broadcasting Board of Governors Authority.--Section
504(c) of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 6206 note) is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(s) Transatlantic Legislators' Dialogue Authority.--Section
109(c) of Public Law 98-164 is amended by striking ``$50,000''
and inserting ``$100,000''.
(t) OPIC Authority.--Notwithstanding section 235(a)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the
authority of subsections (a) through (c) of section 234 of such
Act shall remain in effect through April 1, 2008.
ARAB LEAGUE BOYCOTT OF ISRAEL
Sec. 635. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize relations
with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually
on specific steps being taken by the United States to
encourage Arab League states to normalize their
relations with Israel to bring about the termination of
the Arab League boycott of Israel, including those to
encourage allies and trading partners of the United
States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
ELIGIBILITY FOR ASSISTANCE
Sec. 636. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained under titles II through
V of this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance in
support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of
chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'': Provided, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a
description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance:
Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any
other Act.
(b) Public Law 480.--During fiscal year 2008, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
RESERVATIONS OF FUNDS
Sec. 637. (a) Funds appropriated under titles II through V of
this Act which are specifically designated may be reprogrammed
for other programs within the same account notwithstanding the
designation if compliance with the designation is made
impossible by operation of any provision of this or any other
Act: Provided, That any such reprogramming shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by
this Act and administered by the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can
be obligated during the original period of availability:
Provided, That such designated funds that are continued
available for an additional fiscal year shall be obligated only
for the purpose of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs.
Specifically designated funding levels or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
ASIA
Sec. 638. (a) Funding Levels.--Of the funds appropriated by
this Act under the headings ``Global Health and Child
Survival'' and ``Development Assistance'', not less than the
amount of funds initially allocated for each such account
pursuant to subsection 653(a) of the Foreign Assistance Act of
1961 for fiscal year 2007 shall be made available for Cambodia,
Philippines, Vietnam, Asia and Near East Regional, and Regional
Development Mission/Asia: Provided, That for the purposes of
this subsection, ``Global Health and Child Survival'' shall
mean ``Child Survival and Health Programs Fund''.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct the
United States executive director to each appropriate
international financial institution in which the United
States participates, to oppose and vote against the
extension by such institution any loan or financial or
technical assistance or any other utilization of funds
of the respective bank to and for Burma.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$13,000,000 shall be made available to support
democracy activities in Burma, along the Burma-Thailand
border, for activities of Burmese student groups and
other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders:
Provided, That such funds may be made available
notwithstanding any other provision of law: Provided
further, That in addition to assistance for Burmese
refugees provided under the heading ``Migration and
Refugee Assistance'' in this Act, not less than
$3,000,000 shall be made available for community-based
organizations operating in Thailand to provide food,
medical and other humanitarian assistance to internally
displaced persons in eastern Burma: Provided further,
That funds made available under this paragraph shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director to each international
financial institution to use the voice and vote of the
United States to support projects in Tibet if such
projects do not provide incentives for the migration
and settlement of non-Tibetans into Tibet or facilitate
the transfer of ownership of Tibetan land and natural
resources to non-Tibetans; are based on a thorough
needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not
less than $5,000,000 of the funds appropriated by this
Act under the heading ``Economic Support Fund'' should
be made available to nongovernmental organizations to
support activities which preserve cultural traditions
and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in
China, and not less than $250,000 should be made
available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 639. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of the enactment
of this Act by the Congress: Provided, That not to exceed
$25,000 may be made available to carry out the provisions of
section 316 of Public Law 96-533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
Sec. 640. None of the funds appropriated or made available
pursuant to titles II through V of this Act for carrying out
the Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961, the costs for participation of another country's
delegation at international conferences held under the auspices
of multilateral or international organizations.
REQUESTS FOR DOCUMENTS
Sec. 641. None of the funds appropriated or made available
pursuant to titles II through V of this Act shall be available
to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file,
or record necessary to the auditing requirements of the United
States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 642. (a) None of the funds appropriated or otherwise
made available by titles II through V of this Act may be
available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration Act of
1979. The prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This
section applies with respect to lethal military equipment
provided under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the President makes a determination pursuant to
subsection (b), the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a
detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES
OWED BY FOREIGN COUNTRIES
Sec. 643. (a) Subject to subsection (c), of the funds
appropriated under titles II through V by this Act that are
made available for assistance for a foreign country, an amount
equal to 110 percent of the total amount of the unpaid fully
adjudicated parking fines and penalties and unpaid property
taxes owed by the central government of such country shall be
withheld from obligation for assistance for the central
government of such country until the Secretary of State submits
a certification to the Committees on Appropriations stating
that such parking fines and penalties and unpaid property taxes
are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a)
may be made available for other programs or activities funded
by this Act, after consultation with and subject to the regular
notification procedures of the Committees on Appropriations,
provided that no such funds shall be made available for
assistance for the central government of a foreign country that
has not paid the total amount of the fully adjudicated parking
fines and penalties and unpaid property taxes owed by such
country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment of
this Act, or at any time with respect to a particular country,
if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties and unpaid
property taxes and interest owed by nations receiving foreign
assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(2) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2007.
(3) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be
owed by a foreign country on real property in the
District of Columbia or New York, New York in a court
order or judgment entered against such country by a
court of the United States or any State or subdivision
thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
Sec. 644. None of the funds appropriated under titles II
through V of this Act may be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza
unless the President has exercised the authority under section
604(a) of the Middle East Peace Facilitation Act of 1995 (title
VI of Public Law 104-107) or any other legislation to suspend
or make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That
if the President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 645. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available for tribunals other
than Yugoslavia, Rwanda, or the Special Court for Sierra Leone
shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
LANDMINES AND CLUSTER MUNITIONS
Sec. 646. (a) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United States
Agency for International Development and the Department of
State and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be disposed
of on a grant basis in foreign countries, subject to such terms
and conditions as the President may prescribe.
(b) Cluster Munitions.--During the current fiscal year, no
military assistance shall be furnished for cluster munitions,
no defense export license for cluster munitions may be issued,
and no cluster munitions or cluster munitions technology shall
be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a
99 percent or higher tested rate; and
(2) the agreement applicable to the assistance,
transfer, or sale of the cluster munitions or cluster
munitions technology specifies that the cluster
munitions will only be used against clearly defined
military targets and will not be used where civilians
are known to be present.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 647. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to create in
any part of Jerusalem a new office of any department or agency
of the United States Government for the purpose of conducting
official United States Government business with the Palestinian
Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to
the acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 648. None of the funds appropriated or otherwise made
available under titles III or IV of this Act under the heading
``International Military Education and Training'' or ``Foreign
Military Financing Program'' for Informational Program
activities or under the headings ``Global Health and Child
Survival'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
COLOMBIA
Sec. 649. (a) Assistance for Colombia.--Of the funds
appropriated in titles III and IV of this Act, not more than
$545,608,000 shall be available for assistance for Colombia.
(b) Funding Amounts and Notification.--Funds appropriated by
this Act that are available for assistance for Colombia shall
be made available in the amounts indicated in the table in the
accompanying explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) and
any proposed increases or decreases to the amounts contained in
such table shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Assistance for the Colombian Armed Forces.--
(1) Funding.--Funds appropriated by this Act that are
available for assistance for the Colombian Armed
Forces, may be made available as follows:
(A) Up to 70 percent of such funds may be
obligated prior to the certification and report
by the Secretary of State pursuant to
subparagraph (B).
(B) Up to 15 percent of such funds may be
obligated only after the Secretary of State
consults with, and subsequently certifies and
submits a written report to, the Committees on
Appropriations that the Government of Colombia
is meeting the requirements described in
paragraph (2).
(2) Requirements.--The requirements referred to in
paragraph (1) are as follows:
(A) The Commander General of the Colombian
Armed Forces is suspending or placing on
administrative duty, if requested by the
prosecutor, those members of the Armed Forces,
of whatever rank, who, according to the
Minister of Defense, the Attorney General or
the Procuraduria General de la Nacion, have
been credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations or successor armed
groups.
(B) The Government of Colombia is
investigating and prosecuting, in the civilian
justice system, those members of the Colombian
Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations or successor armed
groups.
(C) The Colombian Armed Forces are
cooperating fully with civilian prosecutors and
judicial authorities in such cases (including
providing requested information, such as the
identity of persons suspended from the Armed
Forces and the nature and cause of the
suspension, and access to witnesses, relevant
military documents, and other requested
information).
(D) The Colombian Armed Forces have taken all
necessary steps to sever links (including
denying access to military intelligence,
vehicles, and other equipment or supplies, and
ceasing other forms of active or tacit
cooperation) at all levels, with paramilitary
organizations or successor armed groups,
especially in regions where such organizations
have a significant presence.
(E) The Government of Colombia is dismantling
paramilitary leadership and financial networks
by arresting and prosecuting under civilian
criminal law individuals who have provided
financial, planning, or logistical support, or
have otherwise aided or abetted paramilitary
organizations or successor armed groups; by
identifying and seizing land and other assets
illegally acquired by such organizations or
their associates and returning such land or
assets to their rightful occupants or owners;
by revoking reduced sentences for demobilized
paramilitaries who engage in new criminal
activity; and by arresting and prosecuting
under civilian criminal law, and when
requested, promptly extraditing to the United
States members of successor armed groups.
(F) The Government of Colombia is ensuring
that the Colombian Armed Forces are not
violating the land and property rights of
Colombia's indigenous and Afro-Colombian
communities, and that the Colombian Armed
Forces are implementing procedures to
distinguish between civilians, including
displaced persons, and combatants in their
operations.
(3) The balance of such funds may be obligated after
July 31, 2008, if, before such date, the Secretary of
State consults with, and submits a written
certification to, the Committees on Appropriations that
the Colombian Armed Forces are continuing to meet the
requirements described in paragraph (2) and are
conducting vigorous operations to restore civilian
government authority and respect for human rights in
areas under the effective control of paramilitary
organizations or successor armed groups and guerrilla
organizations.
(4) Certain funds exempted.--The requirement to
withhold funds from obligation shall not apply with
respect to funds made available under the heading
``Andean Counterdrug Programs'' for continued support
for the Critical Flight Safety Program or for any
alternative development programs in Colombia
administered by the Bureau of International Narcotics
and Law Enforcement Affairs of the Department of State.
(5) Report.--At the time the Secretary of State
submits certifications pursuant to paragraphs (1)(B)
and (3) of this subsection, the Secretary shall also
submit to the Committees on Appropriations a report
that contains, with respect to each such paragraph, a
detailed description of the specific actions taken by
both the Colombian Government and Colombian Armed
Forces which support each requirement of the
certification, and the cases or issues brought to the
attention of the Secretary, including through the
Department of State's annual Country Reports on Human
Rights Practices, for which the actions taken by the
Colombian Government or Armed Forces have been
determined by the Secretary of State to be inadequate.
(d) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2008, the Secretary of State shall consult
with Colombian and internationally recognized human rights
organizations regarding progress in meeting the requirements
contained in subsection (c)(2).
(e) Assistance for Demobilization and Disarmament of Former
Combatants in Colombia.--
(1) Availability of funds.--Of the funds appropriated
in this Act under the heading ``Economic Support
Fund'', up to $11,442,000 may be made available in
fiscal year 2008 for assistance for the disarmament,
demobilization and reintegration of former members of
foreign terrorist organizations (FTOs) in Colombia, if
the Secretary of State consults with and makes a
certification described in paragraph (2) to the
Committees on Appropriations prior to the initial
obligation of amounts for such assistance for the
fiscal year involved.
(2) Certification.--A certification described in this
subsection is a certification that--
(A) assistance for the fiscal year will be
provided only for individuals who have: (i)
verifiably renounced and terminated any
affiliation or involvement with FTOs or other
illegal armed groups; (ii) are meeting all the
requirements of the Colombia demobilization
program, including having disclosed their
involvement in past crimes and their knowledge
of the FTO's structure, financing sources,
illegal assets, and the location of kidnapping
victims and bodies of the disappeared; and
(iii) are not involved in acts of intimidation
or violence;
(B) the Government of Colombia is providing
full cooperation to the Government of the
United States to extradite the leaders and
members of the FTOs who have been indicted in
the United States for murder, kidnapping,
narcotics trafficking, or other violations of
United States law, and is extraditing to the
United States those commanders, leaders and
members indicted in the United States who have
breached the terms of the Colombian
demobilization program, including by failing to
fully confess their crimes, failing to disclose
their illegal assets, or committing new crimes
since the approval of the Justice and Peace
Law;
(C) the Government of Colombia is not
knowingly taking any steps to legalize the
titles of land or other assets illegally
obtained and held by FTOs, their associates, or
successors, has established effective
procedures to identify such land and other
assets, and is seizing and returning such land
and other assets to their rightful occupants or
owners;
(D) the Government of Colombia is
implementing a concrete and workable framework
for dismantling the organizational structures
of foreign terrorist organizations; and
(E) funds shall not be made available as cash
payments to individuals and are available only
for activities under the following categories:
verification, reintegration (including training
and education), vetting, recovery of assets for
reparations for victims, and investigations and
prosecutions.
(f) Illegal Armed Groups.--
(1) Denial of visas to supporters of colombian
illegal armed groups.--Subject to paragraph (2), the
Secretary of State shall not issue a visa to any alien
who the Secretary determines, based on credible
evidence--
(A) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC),
the National Liberation Army (ELN), the United
Self-Defense Forces of Colombia (AUC), or
successor armed groups, including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities
of such groups; or
(B) has committed, ordered, incited,
assisted, or otherwise participated in the
commission of a gross violation of human
rights, including extra-judicial killings, in
Colombia.
(2) Waiver.--Paragraph (1) shall not apply if the
Secretary of State certifies to the Committees on
Appropriations, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support
the peace process in Colombia or for urgent
humanitarian reasons.
(g) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted''
means to provide any support to paramilitary or
successor armed groups, including taking actions which
allow, facilitate, or otherwise foster the activities
of such groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives, including those groups and
cooperatives that have formerly demobilized but
continue illegal operations, as well as parts thereof.
(3) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
Sec. 650. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker
of the House of Representatives, the President pro tempore of
the Senate, and the Committees on Appropriations that waiving
such prohibition is important to the national security
interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the funds
will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed. The report shall also
detail the steps the Palestinian Authority has taken to arrest
terrorists, confiscate weapons and dismantle the terrorist
infrastructure.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
Sec. 651. Chapter 1 of part III of the Foreign Assistance Act
of 1961 is amended by adding the following section:
``SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.
``(a) In General.--No assistance shall be furnished under
this Act or the Arms Export Control Act to any unit of the
security forces of a foreign country if the Secretary of State
has credible evidence that such unit has committed gross
violations of human rights.
``(b) Exception.--The prohibition in subsection (a) shall not
apply if the Secretary determines and reports to the Committee
on Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committees on
Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice.
``(c) Duty to Inform.--In the event that funds are withheld
from any unit pursuant to this section, the Secretary of State
shall promptly inform the foreign government of the basis for
such action and shall, to the maximum extent practicable,
assist the foreign government in taking effective measures to
bring the responsible members of the security forces to
justice.''.
FOREIGN MILITARY TRAINING REPORT
Sec. 652. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations by the
date specified in that section.
AUTHORIZATION REQUIREMENT
Sec. 653. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'' and ``Overseas Private Investment Corporation'', may
be obligated and expended notwithstanding section 10 of Public
Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.
LIBYA
Sec. 654. (a) None of the funds appropriated or otherwise
made available by this Act shall be obligated or expended to
finance directly any assistance for Libya.
(b) The prohibition of subsection (a) shall no longer apply
if the Secretary of State certifies to the Committees on
Appropriations that the Government of Libya has made the final
settlement payments to the Pan Am 103 victims' families, paid
to the LaBelle Disco bombing victims the agreed upon settlement
amounts, and is engaging in good faith settlement discussions
regarding other relevant terrorism cases.
(c) Not later than 180 days after enactment of this Act, the
Secretary shall submit a report to the Committees on
Appropriations describing (1) actions taken by the Department
of State to facilitate a resolution of these cases; and (2)
United States commercial activities in Libya's energy sector.
PALESTINIAN STATEHOOD
Sec. 655. (a) Limitation on Assistance.--None of the funds
appropriated under titles II through V of this Act may be
provided to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congressional
committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate
security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity,
in order to help meet the requirements of subsection (a),
consistent with the provisions of section 650 of this Act
(``Limitation on Assistance to the Palestinian Authority'').
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 656. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
WEST BANK AND GAZA ASSISTANCE
Sec. 657. (a) Oversight.--For fiscal year 2008, 30 days prior
to the initial obligation of funds for the bilateral West Bank
and Gaza Program, the Secretary of State shall certify to the
Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity
nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization. The Secretary of
State shall, as appropriate, establish procedures specifying
the steps to be taken in carrying out this subsection and shall
terminate assistance to any individual, entity, or educational
institution which she has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles II
through V of this Act for assistance under the West
Bank and Gaza program may be made available for the
purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism.
(2) Notwithstanding any other provision of law, none
of the funds made available by this or prior
appropriations act, including funds made available by
transfer, may be made available for obligation for
security assistance for the West Bank and Gaza until
the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been
established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the
West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act up to
$500,000 may be used by the Office of the Inspector
General of the United States Agency for International
Development for audits, inspections, and other
activities in furtherance of the requirements of this
subsection. Such funds are in addition to funds
otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program
in fiscal year 2008 under the heading ``Economic Support
Fund''. The audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of
chapter 2 of title II of Public Law 109-13.
WAR CRIMINALS
Sec. 658. (a)(1) None of the funds appropriated or otherwise
made available under titles II through V of this Act may be
made available for assistance, and the Secretary of the
Treasury shall instruct the United States Executive Director at
each international financial institution to vote against any
new project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new
project involving financial or technical assistance or grants
to any country or entity described in subsection (a), the
Secretary of the Treasury, in consultation with the Secretary
of State, shall provide to the Committees on Appropriations a
written justification for the proposed assistance, including an
explanation of the United States position regarding any such
vote, as well as a description of the location of the proposed
assistance by municipality, its purpose, and its intended
beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means a
city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
USER FEES
Sec. 659. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the International
Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention, care and treatment for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND
Sec. 660. (a) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'' and ``Global Health and Child Survival'' accounts
for fiscal year 2008, $40,000,000 shall be made available for
the United Nations Population Fund (UNFPA): Provided, That of
this amount, not less than $7,000,000 shall be derived from
funds appropriated under the heading ``International
Organizations and Programs''.
(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to the ``Global Health and Child
Survival'' account and shall be made available for family
planning, maternal, and reproductive health activities, subject
to the regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds
made available under this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Amounts made
available under this Act for UNFPA may not be made available to
UNFPA unless--
(1) UNFPA maintains amounts made available to UNFPA
under this section in an account separate from other
accounts of UNFPA;
(2) UNFPA does not commingle amounts made available
to UNFPA under this section with other sums; and
(3) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted
for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that
the UNFPA plans to spend funds for a country program in
the People's Republic of China in the year covered by
the report, then the amount of such funds that the
UNFPA plans to spend in the People's Republic of China
shall be deducted from the funds made available to the
UNFPA after March 1 for obligation for the remainder of
the fiscal year in which the report is submitted.
(f) Nothing in this section shall be construed to limit the
authority of the President to deny funds to any organization by
reason of the application of another provision of this Act or
any other provision of law.
COMMUNITY-BASED POLICE ASSISTANCE
Sec. 661. (a) Authority.--Funds made available by title III
of this Act to carry out the provisions of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961,
may be used, notwithstanding section 660 of that Act, to
enhance the effectiveness and accountability of civilian police
authority through training and technical assistance in human
rights, the rule of law, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
Sec. 662. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation, to
pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may
be exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security forces)
does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
Sec. 663. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of
its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance
with this section, establish the terms and conditions
under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
BASIC EDUCATION
Sec. 664. (a) In General.--Of the funds appropriated by title
III of this Act, not less than $700,000,000 shall be made
available for assistance for developing countries for basic
education, of which not less than $190,000,000 shall be
provided and implemented in countries that have an approved
national education plan.
(b) Coordinator.--There shall be established within the
Department of State in the immediate office of the Director of
United States Foreign Assistance, a Coordinator of United
States Government activities to provide basic education
assistance in developing countries (hereinafter in this section
referred to as the ``Coordinator'').
(c) Responsibilities.--That the Coordinator shall have
primary responsibility for the oversight and coordination of
all resources and international activities of the United States
Government that provide assistance in developing countries for
basic education. The individual serving as the Coordinator may
not hold any other position in the Federal Government during
the individual's time of service as Coordinator.
(d) Strategy.--The President shall develop a comprehensive
integrated United States Government strategy to provide
assistance in developing countries for basic education within
90 days of enactment of this Act.
(e) Report to Congress.--Not later than September 30, 2008,
the Secretary of State shall report to the Committees on
Appropriations on the implementation of United States
Government assistance programs in developing countries for
basic education.
(f) Funds appropriated by title II of Public Law 109-102 and
provided to the Comptroller General pursuant to section 567 of
that Act shall be available until expended and are also
available to the Comptroller General to conduct further
evaluations of basic education programs in developing countries
under the direction of the Committees on Appropriations.
RECONCILIATION PROGRAMS
Sec. 665. Of the funds appropriated by title III of this Act
under the heading ``Economic Support Fund'', $16,000,000 shall
be made available to support reconciliation programs which
bring together individuals of different ethnic, religious and
political backgrounds from areas of civil conflict and war, and
an additional $9,000,000 shall be made available to support
programs in the Middle East: Provided, That the Administrator
of the United States Agency for International Development shall
consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the most effective uses of such
funds.
SUDAN
Sec. 666. (a) Limitation on Assistance.--Subject to
subsection (b):
(1) Notwithstanding any other provision of law, none
of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502,
of the Congressional Budget Act of 1974, of modifying
loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or
canceling amounts owed to the United States, and
modifying concessional loans, guarantees, and credit
agreements.
(b) Subsection (a) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations
that:
(1) The Government of Sudan honors its pledges to
cease attacks upon civilians and disarms and
demobilizes the Janjaweed and other government-
supported militias.
(2) The Government of Sudan and all government-
supported militia groups are honoring their commitments
made in all previous cease-fire agreements.
(3) The Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, including protection officers, and
an international monitoring team that is based in
Darfur and has the support of the United States.
(c) Exceptions.--The provisions of subsection (a) shall not
apply to--
(1) humanitarian assistance;
(2) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile
State, and Abyei; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace
Agreement or any other internationally-recognized
viable peace agreement in Sudan.
(d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of
Southern Sudan.
(e) Notwithstanding any other law, assistance in this Act may
be made available to the Government of Southern Sudan to
provide non-lethal military assistance, military education and
training, and defense services controlled under the
International Traffic in Arms Regulations (22 CRF 120.1 et
seq.) if the Secretary of State--
(1) determines that the provision of such items is in
the national interest of the United States; and
(2) not later than 15 days before the provision of
any such assistance, notifies the Committees on
Appropriations and the Committee on Foreign Relations
in the Senate and the Committee on Foreign Affairs in
the House of Representatives of such determination.
(f) Chad.--Notwithstanding any other provision of law, of the
funds appropriated by this Act for assistance for Sudan, up to
$5,000,000 shall be made available for administrative and other
expenses of the United States Agency for International
Development in Chad.
TRADE CAPACITY BUILDING
Sec. 667. Of the funds appropriated by this Act, under the
headings ``Development Assistance'', ``Assistance for Eastern
Europe and the Baltic States'', ``Economic Support Fund'',
``Andean Counterdrug Programs'', and ``Assistance for the
Independent States of the Former Soviet Union'', not less than
$550,000,000 should be made available for trade capacity
building assistance.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 668. (a) Public Disclosure.--Ten percent of the funds
appropriated in this Act under the heading ``International
Organizations and Programs'' for a contribution to any United
Nations agency may be withheld from disbursement if the
Secretary of State reports to the Committees on Appropriations
that such agency does not have or is not implementing a policy
of posting on a publicly available website information such as
(1) audits, budget reports, and information related to
procurement activities; (2) procedures for protecting
whistleblowers; and (3) efforts to ensure the independence of
internal oversight bodies, adopt international public sector
accounting standards, and limit administrative costs.
(b) United Nations Development Program.--Twenty percent of
the funds appropriated by this Act under the heading
``International Organizations and Programs'' for a United
States contribution to the United Nations Development Program
(UNDP) shall be withheld from disbursement until the Secretary
of State reports to the Committees on Appropriations that UNDP
is--
(1) giving adequate access to information to the
Department of State regarding UNDP's programs and
activities as requested, including in North Korea and
Burma;
(2) conducting oversight of UNDP programs and
activities globally; and
(3) implementing a whistleblower protection policy
equivalent to that recommended by the United Nations
Secretary General on December 3, 2007.
(c)(1) World Bank.--Ten percent of the funds appropriated by
this Act under the heading ``International Development
Association'' shall be withheld from disbursement until the
Secretary of the Treasury reports to the Committees on
Appropriations that--
(A) the World Bank has made publicly available, in an
appropriate manner, financial disclosure forms of
senior World Bank personnel, including those at the
level of managing director, vice president, and above;
(B) the World Bank has established a plan and
maintains a schedule for conducting regular,
independent audits of internal management controls and
procedures for meeting operational objectives, and is
making reports describing the scope and findings of
such audits available to the public;
(C) the World Bank is adequately staffing and
sufficiently funding the Department of Institutional
Integrity;
(D) the World Bank has made publicly available the
reports of the Department of Institutional Integrity,
and any subsequent review of corrective actions for
such reports, including, but not limited to, the
November 23, 2005 ``Report of Investigation into
Reproductive and Child Health I Project Credit N0180
India'', and the May 2006 report on Credit Number 3703
DRC, Grant number H193 DRC, and Grant number H010 DRC;
and
(E) the World Bank is implementing the
recommendations of the ``Volcker Panel'' report in a
timely manner.
(2) Anticorruption Provisions.--In addition to the funds
withheld in subsection (b)(1), 10 percent of the funds
appropriated by this Act under the heading ``International
Development Association'' shall be withheld from disbursement
until the Secretary of the Treasury reports to the Committees
on Appropriations on the extent to which the World Bank has
completed the following:
(A) World Bank procurement guidelines, including the
World Bank's Standard Bidding Documents, have been
applied to all procurement financed in whole or in part
by a loan from the World Bank or a credit agreement or
grant from the International Development Association
(IDA);
(B) the World Bank maintains a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions,
and complaints regarding procurement procedures and
payments under IDA and World Bank projects;
(C) thresholds for international competitive bidding
have been established to maximize international
competitive bidding in accordance with sound
procurement practices, including transparency,
competition, and cost-effective results for the
Borrowers;
(D) the World Bank is consulting with the appropriate
private and public sector representatives regarding
implementation of the country procurement pilots
outlined in the June 2007 report to the Board; and
(E) all countries selected for the procurement pilot
program must adhere to all World Bank anti-fraud and
anti-corruption policies and must demonstrate a strong
anti-fraud enforcement record.
(d) Report.--
(1)(A) The Comptroller General of the United States
shall conduct an assessment of the programs and
activities funded under the heading ``Millennium
Challenge Corporation'' (MCC) in this Act and prior
Acts making appropriations for foreign operations,
export financing, and related programs to include a
review of the financial controls and procurement
practices of the Corporation and its accountable
entities, and the results achieved by MCC's compacts.
(B) Of the funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act, up to
$250,000 shall be made available to the Comptroller for
the requirements of subsection (1)(A).
(2)(A) The Comptroller General of the United States
shall conduct an assessment of the HIV/AIDS programs
and activities funded under the headings ``Child
Survival and Health Programs Fund'', ``Global HIV/AIDS
Initiative'', and ``Global Health and Child Survival''
in this Act and prior Acts making appropriations for
foreign operations, export financing, and related
programs to include a review of the procurement and
results monitoring activities of United States
bilateral HIV/AIDS programs. The assessment should also
address the impact of Global HIV/AIDS Initiative
funding on other United States global health
programming.
(B) Of the funds appropriated under the heading
``Global Health and Child Survival'', up to $125,000
shall be made available to the Comptroller for the
requirements of subsection (2)(A).
(e) National Budget Transparency.--
(1) None of the funds appropriated by this Act may be
made available for assistance for the central
government of any country that fails to make publicly
available on an annual basis its national budget, to
include income and expenditures.
(2) The Secretary of State may waive subsection
(e)(1) if the Secretary reports to the Committees on
Appropriations that to do so is in the national
interests of the United States.
(3) The reporting requirement pursuant to section
585(b) of Public Law 108-7 regarding fiscal
transparency and accountability in countries whose
central governments receive United States foreign
assistance shall apply to this Act.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND
CERTAIN OTHER COUNTRIES
Sec. 669. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year
2008, funds available to the Department of Defense may be
expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of
section 516 of such Act to Albania, Afghanistan, Bulgaria,
Croatia, Estonia, Former Yugoslavian Republic of Macedonia,
Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Tajikistan, Turkmenistan, and Ukraine.
GENDER-BASED VIOLENCE
Sec. 670. Programs funded under titles III and IV of this Act
that provide training for foreign police, judicial, and
military officials, shall include, where appropriate, programs
and activities that address gender-based violence.
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN
GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT
Sec. 671. (a) None of the funds made available in this Act
under the heading ``Economic Support Fund'' may be used to
provide assistance to the government of a country that is a
party to the International Criminal Court and has not entered
into an agreement with the United States pursuant to Article 98
of the Rome Statute preventing the International Criminal Court
from proceeding against United States personnel present in such
country.
(b) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (NATO) member country, a major
non-NATO ally (including Australia, Egypt, Israel, Japan,
Jordan, Argentina, the Republic of Korea, and New Zealand),
Taiwan, or such other country as he may determine if he
determines and reports to the appropriate congressional
committees that it is important to the national interests of
the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a particular
country if he determines and reports to the appropriate
congressional committees that such country has entered into an
agreement with the United States pursuant to Article 98 of the
Rome Statute preventing the International Criminal Court from
proceeding against United States personnel present in such
country.
(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
WESTERN HEMISPHERE
Sec. 672. (a) Central and South America.--Of the funds
appropriated by this Act under the headings ``Global Health and
Child Survival'' and ``Development Assistance'', not less than
the amount of funds initially allocated for each such account
pursuant to section 653(a) of the Foreign Assistance Act of
1961 for fiscal year 2007 shall be made available for El
Salvador, Guatemala, Nicaragua, Honduras, Ecuador, Peru,
Bolivia, Brazil, Latin America and Caribbean Regional, Central
America Regional, and South America Regional: Provided, That
for the purposes of this subsection, ``Global Health and Child
Survival'' shall mean ``Child Survival and Health Programs
Fund''.
(b) Haiti.--
(1) The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the
Coast Guard.
(2) Of the funds appropriated by this Act under
titles III and IV, not less than $201,584,000 shall be
available for assistance for Haiti.
(3) None of the funds made available by this Act
under the heading ``International Narcotics Control and
Law Enforcement'' may be used to transfer excess
weapons, ammunition or other lethal property of an
agency of the United States Government to the
Government of Haiti for use by the Haitian National
Police until the Secretary of State certifies to the
Committees on Appropriations that any members of the
Haitian National Police who have been credibly alleged
to have committed serious crimes, including drug
trafficking and human rights violations, have been
suspended and the Haitian Government is cooperating in
a reform and restructuring plan for the Haitian
National Police and the reform of the judicial system
as called for in United Nations Security Council
Resolution 1608 adopted on June 22, 2005.
(c) Dominican Republic.--Of the funds appropriated by this
Act under the headings ``Global Health and Child Survival'' and
``Development Assistance'', not less than $23,000,000 shall be
made available for assistance for the Dominican Republic, of
which not less than $5,000,000 shall be made available for
basic health care, nutrition, sanitation, education, and
shelter for migrant workers and other residents of batey
communities.
(d) Assistance for Guatemala.--
(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Guatemala, not less than $4,000,000
shall be made available for a United States
contribution to the International Commission Against
Impunity in Guatemala (CICIG).
(2) Funds appropriated by this Act under the heading
``International Military Education and Training''
(IMET) that are available for assistance for Guatemala,
other than for expanded IMET, may be made available
only for the Guatemalan Air Force, Navy and Army Corps
of Engineers: Provided, That assistance for the
Guatemalan Army Corps of Engineers shall only be
available for training to improve disaster response
capabilities and to participate in international
peacekeeping operations: Provided further, That such
funds may be made available only if the Secretary of
State certifies that the Guatemalan Air Force, Navy and
Army Corps of Engineers are respecting human rights and
are cooperating with civilian judicial investigations
and prosecutions of current and retired military
personnel who have been credibly alleged to have
committed violations of human rights.
(3) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not
more than $500,000 may be made available for the
Guatemalan Air Force and Navy: Provided, That such
funds may be made available only if the Secretary of
State certifies that the Guatemalan Air Force and Navy
are respecting human rights and are cooperating with
civilian judicial investigations and prosecutions of
current and retired military personnel who have been
credibly alleged to have committed violations of human
rights, and the Guatemalan Armed Forces are fully
cooperating (including access for investigators, the
provision of documents and other evidence, and
testimony of witnesses) with the CICIG.
(e) Free Trade Agreements.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$10,000,000 shall be made available for labor and environmental
capacity building activities relating to the free trade
agreements with countries of Central America and the Dominican
Republic.
(f) Notification Requirement.--Funds made available in this
Act for assistance for Guatemala and Haiti under the headings
referred to in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
ZIMBABWE
Sec. 673. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
DEVELOPMENT GRANTS PROGRAM
Sec. 674. (a) Establishment of the Program.--There is
established within the United States Agency for International
Development (USAID) a Development Grants Program (DGP) to
provide small grants to United States and indigenous
nongovernmental organizations for the purpose of carrying out
the provisions of chapters 1 and 10 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961.
(b) Eligibility for Grants.--Grants from the DGP shall be
made only for proposals of nongovernmental organizations.
(c) Competition.--Grants made pursuant to the authority of
this section shall be provided through an open, transparent and
competitive process.
(d) Size of Program and Individual Grants.--
(1) Of the funds appropriated by this Act to carry
out chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, not less than
$50,000,000 shall be made available for purposes of
this section: Provided, That not more than 50 percent
of this amount shall be derived from funds appropriated
to carry out chapter 1 of part I of such Act.
(2) No individual organization can receive grants, or
grant amendments, made pursuant to this section in
excess of $2,000,000.
(e) Availability of Other Funds.--Funds made available under
this section are in addition to other funds available for such
purposes including funds designated by this Act by section 665.
(f) Definition.--For purposes of this section, the term
``nongovernmental organization'' means a private voluntary
organization, and shall not include entities owned in whole or
in part by a government or governmental entity.
(g) Report.--Within 90 days from the date of enactment of
this Act, and after consultation with the Committees on
Appropriations, the Administrator of USAID shall submit a
report to those Committees describing the procedures and
mechanisms USAID will use to implement this section.
DISASTER ASSISTANCE AND RECOVERY
Sec. 675. Funds made available to the Comptroller General
under chapter 4 of title I of the Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 69) and
section 593 of the Foreign Operations, Export Financing, and
Programs Agencies Appropriations Act, 2001 (Public Law 106-429;
114 Stat. 1900A-59) to monitor the provisions of assistance to
address the effects of hurricanes in Central America and the
Caribbean and the earthquake in Colombia, and to monitor the
earthquake relief and reconstruction efforts in El Salvador
under section 561 of the Foreign Operations, Export Financing,
and Programs Agencies Appropriations Act, 2002 (Public Law 107-
115; 115 Stat. 2162) shall also be available to the Comptroller
General to monitor any other disaster assistance and recovery
effort.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
Sec. 676. (a) Authority.--Up to $81,000,000 of the funds made
available in title III of this Act to carry out the provisions
of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States'', may be used by the United
States Agency for International Development (USAID) to hire and
employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of sections
308 and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2009.
(c) Conditions.--The authority of subsection (a) may only be
used to the extent that an equivalent number of positions that
are filled by personal services contractors or other non-direct
hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'', are
eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other non-direct hire personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to and merged and
consolidated with funds appropriated for ``Operating Expenses
of the United States Agency for International Development''.
(g) Management Reform Pilot.--Of the funds made available in
subsection (a), USAID may use, in addition to funds otherwise
available for such purposes, up to $15,000,000 to fund overseas
support costs of members of the Foreign Service with a Foreign
Service rank of four or below: Provided, That such authority is
only used to reduce USAID's reliance on overseas personal
services contractors or other non-direct hire employees
compensated with funds appropriated to carry out part I of the
Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the
Baltic States''.
(h) Disaster Surge Capacity.--Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'', may be
used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by the United States Agency
for International Development whose primary responsibility is
to carry out programs in response to natural disasters.
OPIC TRANSFER AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
Sec. 677. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title III of this Act may be transferred to and merged
with funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such funds
shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further, That
designated funding levels in this Act shall not be transferred
pursuant to this section: Provided further, That the exercise
of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
REPORTING REQUIREMENT
Sec. 678. The Secretary of State shall provide the Committees
on Appropriations, not later than April 1, 2008, and for each
fiscal quarter, a report in writing on the uses of funds made
available under the headings ``Foreign Military Financing
Program'', ``International Military Education and Training'',
and ``Peacekeeping Operations'': Provided, That such report
shall include a description of the obligation and expenditure
of funds, and the specific country in receipt of, and the use
or purpose of the assistance provided by such funds.
INDONESIA
Sec. 679. (a) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' up to
$15,700,000 may be made available for assistance for Indonesia
as follows--
(1) Of the amount provided in subsection (a),
$13,000,000 may be made available upon enactment of
this Act.
(2) Of the amount provided in subsection (a),
$2,700,000 may not be made available until the
Secretary of State reports to the Committees on
Appropriations--
(A) on the steps taken by the Government of
Indonesia on the following--
(i) prosecution and punishment, in a
manner proportional to the crime, for
members of the Armed Forces who have
been credibly alleged to have committed
gross violations of human rights in
Timor-Leste and elsewhere, and
cooperation by the Armed Forces with
civilian judicial authorities and with
international efforts to resolve cases
of gross violations of human rights;
and
(ii) implementation by the Armed
Forces of reforms to increase the
transparency and accountability of
their operations and financial
management; and
(B) that the Government of Indonesia has
written plans to effectively provide
accountability for past violations of human
rights by members of the Armed Forces, and is
implementing plans to effectively allow public
access to Papua and to pursue the criminal
investigation and provide the projected
timeframe for completing the investigation of
the murder of Munir Said Thalib.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Indonesia, not less than $250,000 should be made available for
grants for capacity building of Indonesian human rights
organizations, including in Papua.
LIMITATION ON BASING IN IRAQ
Sec. 680. None of the funds made available in this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States and
Iraq.
PROHIBITION ON USE OF TORTURE
Sec. 681. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture, cruel or inhumane treatment by any official or
contract employee of the United States Government.
REPORT ON INDONESIA
Sec. 682. Not later than 90 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees
on Appropriations that describes--
(1) the steps taken by the Government of Indonesia to
deny promotion, suspend from active service, and pursue
prosecution of military officers indicted for serious
crimes, and the extent to which past and present
Indonesian military officials are cooperating with
domestic inquiries into human rights abuses, including
the forced disappearance and killing of student
activists in 1998 and 1999;
(2) the responses of the Governments of Indonesia and
Timor Leste to the Final Report of the Commission for
Reception, Truth and Reconciliation in Timor-Leste and
the June 2006 report of the report to the Secretary-
General of the Commission of Experts to Review the
Prosecution of Serious Violations of Human Rights in
Timor-Leste in 1999; and
(3) the steps taken by the Indonesian military to
divest itself of illegal businesses.
EXTRADITION
Sec. 683. (a) None of the funds appropriated in this Act for
the Department of State may be used to provide assistance
(other than funds provided under the headings ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``Emergency Migration and Refugee
Assistance'', and ``Nonproliferation, Anti-terrorism, Demining
and Related Assistance'') for the central government of a
country which has notified the Department of State of its
refusal to extradite to the United States any individual
indicted for a criminal offense for which the maximum penalty
is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United
States extradition request.
(b) Subsection (a) shall only apply to the central government
of a country with which the United States maintains diplomatic
relations and with which the United States has an extradition
treaty and the government of that country is in violation of
the terms and conditions of the treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interests of the United States.
ENVIRONMENT AND ENERGY PROGRAMS
Sec. 684. (a) Biodiversity.--Of the funds appropriated under
the heading ``Development Assistance'', not less than
$195,000,000 shall be made available for programs and
activities which directly protect biodiversity, including
forests, in developing countries, of which not less than the
amount of funds initially allocated pursuant to section 653(a)
of the Foreign Assistance Act of 1961 for fiscal year 2006
shall be made available for such activities in Brazil,
Colombia, Ecuador, Peru and Bolivia, and that in addition to
such amounts for such countries not less than $15,000,000 shall
be made available for the United States Agency for
International Development's Amazon Basin Conservation
Initiative: Provided, That of the funds appropriated by this
Act, not less than $2,000,000 should be made available for
wildlife conservation and protected area management in the
Boma-Jonglei landscape of Southern Sudan, and not less than
$17,500,000 shall be made available for the Congo Basin Forest
Partnership of which not less than $2,500,000 shall be made
available to the United States Fish and Wildlife Service for
great apes conservation programs in Central Africa.
(b) Energy.--
(1) Of the funds appropriated by this Act, not less
than $195,000,000 shall be made available to support
clean energy and other climate change programs in
developing countries, of which not less than
$125,000,000 should be made available to directly
promote and deploy energy conservation, energy
efficiency, and renewable and clean energy technologies
with an emphasis on small hydro, solar and wind energy,
and of which the balance should be made available to
directly: (1) reduce greenhouse gas emissions; (2)
increase carbon sequestration activities; and (3)
support climate change mitigation and adaptation
programs.
(2) The Secretary of State shall convene an
interagency committee, including appropriate officials
of the Department of State, the United States Agency
for International Development, and the Environmental
Protection Agency, to evaluate the specific needs of
developing countries in adapting to climate change
impacts: Provided, That the Secretary shall submit a
report to the Committees on Appropriations not later
than September 1, 2008, describing such needs, on a
country-by-country and regional basis, and the actions
planned and being taken by the United States, including
funding provided to developing countries specifically
for adaptation to climate change impacts.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions
and the public that it is the policy of the United
States that any assistance by such institutions
(including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil,
gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in
place functioning systems for: (A) accurately
accounting for payments for companies involved in the
extraction and export of natural resources; (B) the
independent auditing of accounts receiving such
payments and the widespread public dissemination of the
findings of such audits; and (C) verifying government
receipts against company payments including widespread
dissemination of such payment information, and
disclosing such documents as Host Government
Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or
disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(2) Not later than 180 days after the enactment of
this Act, the Secretary of the Treasury shall submit a
report to the Committees on Appropriations describing,
for each international financial institution, the
amount and type of assistance provided, by country, for
the extraction and export of oil, gas, coal, timber, or
other natural resources since September 30, 2006, and
whether each institution considered, in its proposal
for such assistance, the extent to which the country
has functioning systems described in paragraph (c)(1).
UZBEKISTAN
Sec. 685. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress--
(1) in meeting its commitments under the
``Declaration on the Strategic Partnership and
Cooperation Framework Between the Republic of
Uzbekistan and the United States of America'',
including respect for human rights, establishing a
genuine multi-party system, and ensuring free and fair
elections, freedom of expression, and the independence
of the media; and
(2) in investigating and prosecuting the individuals
responsible for the deliberate killings of civilians in
Andijan in May, 2005.
(b) If the Secretary of State has credible evidence that any
current or former official of the Government of Uzbekistan was
responsible for the deliberate killings of civilians in Andijan
in May, 2005, or for other gross violations of human rights in
Uzbekistan, not later than 6 months after enactment of this Act
any person identified by the Secretary pursuant to this
subsection shall be ineligible for admission to the United
States.
(c) The restriction in subsection (b) shall cease to apply if
the Secretary determines and reports to the Committees on
Appropriations that the Government of Uzbekistan has taken
concrete and measurable steps to improve respect for
internationally recognized human rights, including allowing
peaceful political and religious expression, releasing
imprisoned human rights defenders, and implementing
recommendations made by the United Nations on torture.
(d) The Secretary may waive the application of subsection (b)
if the Secretary determines that admission to the United States
is necessary to attend the United Nations or to further United
States law enforcement objectives.
(e) For the purpose of this section ``assistance'' shall
include excess defense articles.
REPRESSION IN THE RUSSIAN FEDERATION
Sec. 686. (a) None of the funds appropriated for assistance
under this Act may be made available for the Government of the
Russian Federation, after 180 days from the date of the
enactment of this Act, unless the President determines and
certifies in writing to the Committees on Appropriations that
the Government of the Russian Federation: (1) has implemented
no statute, executive order, regulation or similar government
action that would discriminate, or which has as its principal
effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party; and (2) is (A)
honoring its international obligations regarding freedom of
expression, assembly, and press, as well as due process; (B)
investigating and prosecuting law enforcement personnel
credibly alleged to have committed human rights abuses against
political leaders, activists and journalists; and (C)
immediately releasing political leaders, activists and
journalists who remain in detention.
(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is
important to the national interests of the United States.
WAR CRIMES IN AFRICA
Sec. 687. (a) The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for Rwanda
(ICTR) and the Special Court for Sierra Leone (SCSL) to bring
to justice individuals responsible for war crimes and crimes
against humanity in a timely manner.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the
central government of a country in which individuals indicted
by ICTR and SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with ICTR
and SCSL, including the surrender and transfer of indictees in
a timely manner: Provided, That this subsection shall not apply
to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II
of this Act: Provided further, That the United States shall use
its voice and vote in the United Nations Security Council to
fully support efforts by ICTR and SCSL to bring to justice
individuals indicted by such tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a
country by country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(1) the steps being taken to obtain the cooperation
of the government in surrendering the indictee in
question to the court of jurisdiction;
(2) a strategy, including a timeline, for bringing
the indictee before such court; and
(3) the justification for exercising the waiver
authority.
COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS
Sec. 688. (a) Program Authorized.--The Secretary of State may
carry out a program of activities to combat piracy in countries
that are not members of the Organization for Economic
Cooperation and Development, including activities as follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of
intellectual property laws.
(2) The provision of training for judges and
prosecutors, including in the interpretation of
intellectual property laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property
Organization.--In carrying out the program authorized by
subsection (a), the Secretary shall, to the maximum extent
practicable, consult with and provide assistance to the World
Intellectual Property Organization in order to promote the
integration of countries described in subsection (a) into the
global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``International Narcotics Control
and Law Enforcement'', $5,000,000 may be made available in
fiscal year 2008 for the program authorized by subsection (a).
NEGLECTED TROPICAL DISEASES
Sec. 689. Of the funds appropriated under the heading
``Global Health and Child Survival'', not less than $15,000,000
shall be made available to support the United States Agency for
International Development's ongoing program to implement an
integrated response to the control of neglected diseases
including intestinal parasites, schistosomiasis, lymphatic
filariasis, onchocerciasis, trachoma and leprosy: Provided,
That the Administrator of the United States Agency for
International Development shall consult with the Committees on
Appropriations, representatives from the relevant international
technical and nongovernmental organizations addressing the
specific diseases, recipient countries, donor countries, the
private sector, UNICEF and the World Health Organization: (1)
on the most effective uses of such funds to demonstrate the
health and economic benefits of such an approach; and (2) to
develop a multilateral, integrated initiative to control these
diseases that will enhance coordination and effectiveness and
maximize the leverage of United States contributions with those
of other donors: Provided further, That funds made available
pursuant to this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
EGYPT
Sec. 690. (a) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' or under the
heading ``Economic Support Fund'' that are available for
assistance for Egypt, $100,000,000 shall not be made available
for obligation until the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Egypt has taken concrete and measurable steps to--
(1) adopt and implement judicial reforms that protect
the independence of the judiciary;
(2) review criminal procedures and train police
leadership in modern policing to curb police abuses;
and
(3) detect and destroy the smuggling network and
tunnels that lead from Egypt to Gaza.
(b) Not less than 45 days after enactment of this Act, the
Secretary may waive subsection (a) if the Secretary determines
and reports to the Committees on Appropriations that such
waiver is in the national security interest of the United
States.
RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES WHO DO NOT POSE
A THREAT TO THE UNITED STATES
Sec. 691. (a) Amendment to Authority to Determine the Bar to
Admission Inapplicable.--Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is
amended to read as follows:
``The Secretary of State, after consultation with the
Attorney General and the Secretary of Homeland Security, or the
Secretary of Homeland Security, after consultation with the
Secretary of State and the Attorney General, may determine in
such Secretary's sole unreviewable discretion that subsection
(a)(3)(B) shall not apply with respect to an alien within the
scope of that subsection or that subsection (a)(3)(B)(vi)(III)
shall not apply to a group within the scope of that subsection,
except that no such waiver may be extended to an alien who is
within the scope of subsection (a)(3)(B)(i)(II), no such waiver
may be extended to an alien who is a member or representative
of, has voluntarily and knowingly engaged in or endorsed or
espoused or persuaded others to endorse or espouse or support
terrorist activity on behalf of, or has voluntarily and
knowingly received military-type training from a terrorist
organization that is described in subclause (I) or (II) of
subsection (a)(3)(B)(vi), and no such waiver may be extended to
a group that has engaged terrorist activity against the United
States or another democratic country or that has purposefully
engaged in a pattern or practice of terrorist activity that is
directed at civilians. Such a determination shall neither
prejudice the ability of the United States Government to
commence criminal or civil proceedings involving a beneficiary
of such a determination or any other person, nor create any
substantive or procedural right or benefit for a beneficiary of
such a determination or any other person. Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, no court shall have
jurisdiction to review such a determination or revocation
except in a proceeding for review of a final order of removal
pursuant to section 1252 of this title, and review shall be
limited to the extent provided in section 1252(a)(2)(D). The
Secretary of State may not exercise the discretion provided in
this clause with respect to an alien at any time during which
the alien is the subject of pending removal proceedings under
section 1229a of this title.''.
(b) Automatic Relief for the Hmong and Other Groups That Do
Not Pose a Threat to the United States.--For purposes of
section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)), the Karen National Union/Karen
Liberation Army (KNU/KNLA), the Chin National Front/Chin
National Army (CNF/CNA), the Chin National League for Democracy
(CNLD), the Kayan New Land Party (KNLP), the Arakan Liberation
Party (ALP), the Mustangs, the Alzados, the Karenni National
Progressive Party, and appropriate groups affiliated with the
Hmong and the Montagnards shall not be considered to be a
terrorist organization on the basis of any act or event
occurring before the date of enactment of this section. Nothing
in this subsection may be construed to alter or limit the
authority of the Secretary of State or the Secretary of
Homeland Security to exercise his discretionary authority
pursuant to 212(d)(3)(B)(i) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(3)(B)(i)).
(c) Technical Correction.--(1) In General.--Section
212(a)(3)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``Subclause
(VII)'' and replacing it with ``Subclause (IX)''.
(d) Designation of the Taliban as a Terrorist Organization.--
For purposes of section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Taliban shall be
considered to be a terrorist organization described in
subclause (I) of clause (vi) of that section.
(e) Report on Duress Waivers.--The Secretary of Homeland
Security shall provide to the Committees on the Judiciary of
the United States Senate and House of Representatives a report,
not less than 180 days after the enactment of this Act and
every year thereafter, which may include a classified annex, if
appropriate, describing--
(1) the number of individuals subject to removal from
the United States for having provided material support
to a terrorist group who allege that such support was
provided under duress;
(2) a breakdown of the types of terrorist
organizations to which the individuals described in
paragraph (1) have provided material support;
(3) a description of the factors that the Department
of Homeland Security considers when evaluating duress
waivers; and
(4) any other information that the Secretary believes
that the Congress should consider while overseeing the
Department's application of duress waivers.
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this section, and
these amendments and sections 212(a)(3)(B) and 212(d)(3)(B) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B) and
1182(d)(3)(B)), as amended by these sections, shall apply to--
(1) removal proceedings instituted before, on, or
after the date of enactment of this section; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
REPORT ON ANTI-CORRUPTION ACTIVITIES
Sec. 692. Not later than August 1, 2008, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development and the Chief
Executive Officer of the Millennium Challenge Corporation,
shall submit to the Committees on Appropriations a report on
the level of corruption in each country that receives
development assistance appropriated in this Act.
DEMOCRACY, THE RULE OF LAW, AND GOVERNANCE IN IRAN
Sec. 693. Of the funds appropriated in this Act, $60,000,000
should be made available for programs to promote democracy, the
rule of law, and governance in Iran.
DENIAL OF VISAS RELATED TO REMOVAL OF ALIENS
Sec. 694. None of the funds made available in this Act may be
expended in violation of section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing
granting visas to nationals of countries that are denying or
delaying accepting aliens removed from the United States).
UNITED NATIONS HUMAN RIGHTS COUNCIL
Sec. 695. (a) None of the funds appropriated by this Act may
be made available for a United States contribution to the
United Nations Human Rights Council.
(b) The prohibition under subsection (a) shall not apply if--
(1) the Secretary of State certifies to the
Committees on Appropriations that the provision of
funds to support the United Nations Human Rights
Council is in the national interest of the United
States; or
(2) the United States is a member of the Human Rights
Council.
ATTENDANCE AT INTERNATIONAL CONFERENCES
Sec. 696. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any
single international conference occurring outside the United
States, unless the Secretary of State determines that such
attendance is in the national interest: Provided, That for
purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the
United States Government and representatives of foreign
governments, international organizations, or nongovernmental
organizations.
SAUDI ARABIA
Sec. 697. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance any assistance to Saudi Arabia: Provided, That the
President may waive the prohibition of this section if the
President certifies to the Committees on Appropriations, 15
days prior to the obligation of funds for assistance for Saudi
Arabia, that Saudi Arabia is cooperating with efforts to combat
international terrorism and that the proposed assistance will
help facilitate that effort.
CENTRAL ASIA
Sec. 698. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights and civil liberties during the preceding 6 month period,
including by fulfilling obligations recommended by the
Organization for Security and Cooperation in Europe (OSCE) in
the areas of election procedures, media freedom, freedom of
religion, free assembly and minority rights, and by meeting the
commitments it made in connection with its assumption of the
Chairmanship of the OSCE in 2010.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such a waiver is important to the national
security of the United States.
(c) Not later than October 1, 2008, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 12-month
period ending 30 days prior to submission of such
report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
DISABILITY PROGRAMS
Sec. 699. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $4,000,000
shall be made available for programs and activities
administered by the United States Agency for International
Development (USAID) to address the needs and protect the rights
of people with disabilities in developing countries, of which
$1,500,000 should be made available to disability advocacy
organizations that have expertise in working to protect the
rights and increasing the independence and full participation
of people with disabilities: Provided, That funds for
disability advocacy organizations should be used for training
and technical assistance for foreign disabled persons
organizations in such areas as advocacy, education, independent
living, and transportation, with the goal of promoting equal
participation of people with disabilities in developing
countries: Provided further, That USAID should seek to disburse
at least 25 percent of the funds made available pursuant to
this subsection in the form of small grants.
(b) Funds appropriated under the heading ``Operating Expenses
of the United States Agency for International Development''
shall be made available to develop and implement training for
staff in overseas USAID missions to promote the full inclusion
and equal participation of people with disabilities in
developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the Administrator of USAID shall seek to ensure that, where
appropriate, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities, and
organizations funded pursuant to this section.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 699A. Of the funds appropriated under title III of this
Act, $3,000,000 should be made available for activities to
improve the capacity of foreign government agencies and
nongovernmental organizations to prevent child abandonment,
address the needs of orphans, displaced and abandoned children
and provide permanent homes through family reunification,
guardianship and domestic adoptions: Provided, That funds made
available under title III of this Act should be made available,
as appropriate, consistent with--
(1) the goal of enabling children to remain in the
care of their family of origin, but when not possible,
placing children in permanent homes through adoption;
(2) the principle that such placements should be
based on informed consent which has not been induced by
payment or compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and
should be used when no other suitable permanent options
are available; and
(4) the recognition that programs that protect and
support families can reduce the abandonment and
exploitation of children.
ADVISOR FOR ACTIVITIES RELATING TO INDIGENOUS PEOPLES INTERNATIONALLY
Sec. 699B. (a) Advisor.--After consultation with the
Committees on Appropriations and not later than 90 days after
the enactment of this Act, there shall be established within
the Department of State in the immediate office of the Director
of United States Foreign Assistance an Advisor for Activities
Relating to Indigenous Peoples Internationally (hereinafter in
this section referred to as the ``Advisor''), who shall be
appointed by the Director. The Advisor shall report directly to
the Director.
(b) Responsibilities.--The Advisor shall:
(1) Advise the Director of United States Foreign
Assistance and the Administrator of the United States
Agency for International Development on matters
relating to the rights and needs of indigenous peoples
internationally and should represent the United States
Government on such matters in meetings with foreign
governments and multilateral institutions.
(2) Provide for the oversight and coordination of all
resources, programs, projects, and activities of the
United States Government to protect the rights and
address the needs of indigenous peoples
internationally; and
(3) Develop and coordinate assistance strategies with
specific goals, guidelines, benchmarks, and impact
assessments (including support for local indigenous
peoples' organizations).
(c) Funds.--Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', not less than
$250,000 shall be made available for implementing the
provisions of this section.
(d) Report.--Not later than one year after the enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations describing progress made in implementing this
section.
CHILD SOLDIERS
Sec. 699C. (a) None of the funds appropriated or otherwise
made available for foreign military financing, foreign military
sales, direct commercial sales, or excess Defense articles by
this Act or any other Act making appropriations for foreign
operations, export financing, and related programs may be
obligated or otherwise made available to the government of a
country that is identified by the Department of State in the
Department of State's most recent Country Reports on Human
Rights Practices as having governmental armed forces or
government supported armed groups, including paramilitaries,
militias, or civil defense forces, that recruit or use child
soldiers.
(b) The Secretary of State may provide assistance or defense
articles otherwise prohibited under subsection (a) to a country
upon certifying to the Committees on Appropriations that the
government of such country has implemented effective measures
to demobilize children from its forces or from government-
supported armed groups and prohibit and prevent the future
recruitment or use of child soldiers.
(c) The Secretary of State may waive the application to a
country of the prohibition in subsection (a) if the Secretary
determines and reports to the Committees on Appropriations that
such waiver is important to the national interest of the United
States.
FUNDING FOR SERBIA
Sec. 699D. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2008, if the President has made the determination
and certification contained in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury should
instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
conditions in subsection (c).
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, timely
information on the location, movement, and sources of
financial support of indictees, and the surrender and
transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Radovan
Karadzic;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security
and other support which has served to maintain separate
Republika Srpska institutions; and
(3) taking steps to implement policies which reflect
a respect for minority rights and the rule of law.
(d) This section shall not apply to Kosovo, humanitarian
assistance or assistance to promote democracy.
PHILIPPINES
Sec. 699E. Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not to exceed
$30,000,000 may be made available for assistance for the
Philippines, of which $2,000,000 may only be made available
after the Secretary of State reports to the Committees on
Appropriations that--
(1) the Philippine Government is implementing the
recommendations of the United Nations Special
Rapporteur on Extrajudicial, Summary or Arbitrary
Executions;
(2) the Philippine Government is implementing a
policy of promoting military personnel who demonstrate
professionalism and respect for human rights, and is
investigating and prosecuting military personnel and
others who have been credibly alleged to have committed
extrajudicial executions or other violations of human
rights; and
(3) the Philippine military is not engaging in acts
of intimidation or violence against members of legal
organizations who advocate for human rights.
PAKISTAN
Sec. 699F. (a) Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'', up to
$300,000,000 may be made available for assistance for Pakistan
as follows--
(b) Of the amount provided in subsection (a), $250,000,000
may be made available immediately for counter-terrorism and law
enforcement activities directed against Al Qaeda and the
Taliban and associated terrorist groups, and $50,000,000 may be
made available for such purposes after the Secretary of State
reports to the Committees on Appropriations that the Government
of Pakistan--
(1) is making concerted efforts to prevent Al Qaeda
and associated terrorist groups from operating in the
territory of Pakistan, including by eliminating
terrorist training camps or facilities, arresting
members of Al Qaeda and associated terrorist groups,
and countering recruitment efforts;
(2) is making concerted efforts to prevent the
Taliban from using the territory of Pakistan as a
sanctuary from which to launch attacks within
Afghanistan, including by arresting Taliban leaders,
stopping cross-border incursions, and countering
recruitment efforts; and
(3) is implementing democratic reforms, including--
(A) restoring the Constitution of Pakistan
and ensuring freedoms of expression and
assembly and other civil liberties guaranteed
by the Constitution;
(B) releasing political detainees and
allowing inclusive democratic elections;
(C) ending harassment and detention of
journalists, human rights defenders and
government critics by security and intelligence
forces; and
(D) restoring an independent judiciary and
ending interference in the judicial process.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Pakistan, up to
$5,000,000 may be used for administrative expenses of the
United States Agency for International Development: Provided,
That none of the funds appropriated by this Act may be made
available for cash transfer assistance for Pakistan.
SRI LANKA
Sec. 699G. (a) None of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' may be
made available for assistance for Sri Lanka, no defense export
license may be issued, and no military equipment or technology
shall be sold or transferred to Sri Lanka pursuant to the
authorities contained in this Act or any other Act, unless the
Secretary of State certifies to the Committee on Appropriations
that--
(1) the Sri Lankan military is suspending and the Sri
Lankan Government is bringing to justice members of the
military who have been credibly alleged to have
committed gross violations of human rights or
international humanitarian law, including complicity in
the recruitment of child soldiers;
(2) the Sri Lankan Government is providing access to
humanitarian organizations and journalists throughout
the country consistent with international humanitarian
law; and
(3) the Sri Lankan Government has agreed to the
establishment of a field presence of the Office of the
United Nations High Commissioner for Human Rights in
Sri Lanka with sufficient staff and mandate to conduct
full and unfettered monitoring throughout the country
and to publicize its findings.
(b) Subsection (a) shall not apply to technology or equipment
made available for the limited purposes of maritime and air
surveillance and communications.
MULTILATERAL DEVELOPMENT BANKS
Sec. 699H. (a) World Bank Inspection Panel.--The Secretary of
the Treasury shall instruct the United States Executive
Director to the World Bank to inform the Bank of, and use the
voice and vote of the United States to achieve transparency
reforms of the selection process for members of the World Bank
Inspection Panel, including--
(1) Posting Inspection Panel position vacancy
announcements on the Inspection Panel's website and in
publications that have wide circulation in member
countries;
(2) Making public official procedures for the
selection of Inspection Panel vacancies; and
(3) Posting on the Inspection Panel's website the
names of the members of the selection committee and the
name or names of the individuals proposed by the
selection committee to the President of the World Bank.
(b) Authorizations.--
(1) Section 501(i) of title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106-113,
as amended by section 591(b) of division D of Public
Law 108-447, is further amended by striking ``fiscal''
and all that follows through ``which'' and inserting in
lieu thereof ``fiscal years 2000-2010, which''.
(2) Section 801(b)(1)(ii) of Public Law 106-429, as
amended by section 591(a)(2) of division D of Public
Law 108-447, is further amended by striking ``fiscal
years 2004-2006'' and by inserting in lieu thereof
``fiscal years 2004-2010''.
MILLENNIUM CHALLENGE CORPORATION
Sec. 699I. (a) Section 607(b) of the Millennium Challenge Act
of 2003 (22 U.S.C. 7706) is amended--
(1) in paragraph (2)(B) by striking ``and the
sustainable management of natural resources'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the
period and inserting ``; and''; and
(C) by adding the following subparagraph:
``(C) promote the protection of biodiversity
and the transparent and sustainable management
and use of natural resources.''.
(b)(1) The Chief Executive Officer of the Millennium
Challenge Corporation shall, not later than 30 days following
enactment of this Act, submit to the Committees on
Appropriations a report on the proposed uses, on a country-by-
country basis, of all funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act or prior Acts
making appropriations for foreign operations, export financing,
and related programs projected to be obligated and expended in
fiscal year 2008 and subsequent fiscal years.
(2) The report required in paragraph (1) shall include, at a
minimum, a description of:
(A) Compacts in development, including the status of
negotiations and the approximate range of value of the
proposed compact;
(B) Compacts in implementation, including the
projected expenditure and disbursement of compact funds
during fiscal year 2008 and subsequent fiscal years as
determined by the country compact;
(C) Threshold country programs in development,
including the approximate range of value of the
threshold country agreement;
(D) Threshold country programs in implementation; and
(E) Use of administrative funds.
(3) The Chief Executive Officer of the Millennium Challenge
Corporation shall notify the Committees on Appropriations not
later than 15 days prior to signing any new country compact or
new threshold country program; terminating or suspending any
country compact or threshold country program; or commencing
negotiations for any new compact or threshold country program.
(4) The report required in paragraph (1) shall be updated on
a quarterly basis.
CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS
Sec. 699J. Section 1059(c) of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is
amended by adding at the end the following:
``(3) Carry forward.--If the numerical limitation
described in paragraph (1) is not reached during a
given fiscal year, the numerical limitation for the
following fiscal year shall be increased by a number
equal to the difference between the number of visas
authorized for the given fiscal year and the number of
aliens provided special immigrant status during the
given fiscal year.''.
IRAQ
Sec. 699K. (a) None of the funds appropriated or otherwise
made available by this Act may be made available for assistance
for Iraq.
(b) Subsection (a) shall not apply to funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available to rescue Iraqi scholars and for the fund
established by section 2108 of Public Law 109-13, to funds made
available under the heading ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'' for the removal and disposal of
land mines and other unexploded ordnance, small arms and light
weapons in Iraq, or for assistance for refugees and internally
displaced persons.
ANTI-KLEPTOCRACY
Sec. 699L. (a) In furtherance of the National Strategy to
Internationalize Efforts Against Kleptocracy and Presidential
Proclamation 7750, the Secretary of State shall compile and
maintain a list of officials of foreign governments and their
immediate family members who the Secretary determines there is
credible evidence to believe have been involved in corruption
relating to the extraction of natural resources in their
countries.
(b) Any individual on the list submitted under subsection (a)
shall be ineligible for admission to the United States.
(c) The Secretary may waive the application of subsection (a)
if the Secretary determines that admission to the United States
is necessary to attend the United Nations or to further United
States law enforcement objectives, or that the circumstances
which caused the individual to be included on the list have
changed sufficiently to justify the removal of the individual
from the list.
(d) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall submit a
report, in classified form if necessary, to the Committees on
Appropriations describing the evidence considered in
determining involvement pursuant to subsection (a).
COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN
Sec. 699M. (a) Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress a
comprehensive nuclear threat reduction and security plan, in
classified and unclassified forms--
(1) for ensuring that all nuclear weapons and
weapons-usable material at vulnerable sites are secure
by 2012 against the threats that terrorists have shown
they can pose; and
(2) for working with other countries to ensure
adequate accounting and security for such materials on
an ongoing basis thereafter.
(b) For each element of the accounting and security effort
described under subsection (a)(2), the plan shall--
(1) clearly designate agency and departmental
responsibility and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones
to be achieved;
(3) provide estimates of the program budget
requirements and resources to meet the goals for each
year;
(4) provide the strategy for diplomacy and related
tools and authority to accomplish the program element;
(5) provide a strategy for expanding the financial
support and other assistance provided by other
countries, particularly Russia, the European Union and
its member states, China, and Japan, for the purposes
of securing nuclear weapons and weapons-usable material
worldwide; and
(6) outline the progress in and impediments to
securing agreement from all countries that possess
nuclear weapons or weapons-usable material on a set of
global nuclear security standards, consistent with
their obligation to comply with United Nations Security
Council Resolution 1540.
PROHIBITION ON PROMOTION OF TOBACCO
Sec. 699N. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
UNOBLIGATED FUNDS RESCISSIONS
Sec. 699O. (a) Of the funds appropriated under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States that are available for tied-aid grants in title I
of Public Law 107-115 and under such heading in prior Acts
making appropriations for foreign operations, export financing,
and related programs, $25,000,000 are rescinded.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'' in prior Acts making appropriations for foreign
operations, export financing, and related programs,
$133,000,000 are rescinded.
ACROSS-THE-BOARD RESCISSION
Sec. 699P. (a) Bill-wide Rescissions.--There is hereby
rescinded an amount equal to .81 percent of the budget
authority provided for fiscal year 2008 for any discretionary
account in this Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying explanatory
statements for the relevant fiscal year covering such
account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most
recently submitted President's budget).
(c) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations a report specifying the account and amount of
each rescission made pursuant to this section.
(d) Exception.--The rescission in subsection (a) shall not
apply to funds provided in this Act designated as described in
section 5 (in the matter preceding division A of this
consolidated Act).
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2008''.
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$91,782,000, of which not to exceed $2,310,000 shall be
available for the immediate Office of the Secretary; not to
exceed $730,000 shall be available for the immediate Office of
the Deputy Secretary; not to exceed $18,720,000 shall be
available for the Office of the General Counsel; not to exceed
$9,874,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$9,417,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,383,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $23,750,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $1,986,000 shall be available for
the Office of Public Affairs; not to exceed $1,516,000 shall be
available for the Office of the Executive Secretariat; not to
exceed $1,335,000 shall be available for the Office of Small
and Disadvantaged Business Utilization; not to exceed
$7,874,000 for the Office of Intelligence, Security, and
Emergency Response; and not to exceed $11,887,000 shall be
available for the Office of the Chief Information Officer:
Provided, That the Secretary of Transportation is authorized to
transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and representation
expenses as the Secretary may determine: Provided further, That
notwithstanding any other provision of law, excluding fees
authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for
Public Affairs.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$9,140,900.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $13,883,900.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $128,094,000, shall be
paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on
operating expenses shall not apply to non-DOT entities:
Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal
administrator: Provided further, That no assessments may be
levied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assessments
and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such
Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $370,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $18,367,000. In
addition, for administrative expenses to carry out the
guaranteed loan program, $523,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $2,970,000, to remain available until
September 30, 2009: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related
to any mode of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
In addition to funds made available from any other source to
carry out the essential air service program under 49 U.S.C.
41731 through 41742, $60,000,000, to be derived from the
Airport and Airway Trust Fund, to remain available until
expended: Provided, That, in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That, if the funds under this
heading are insufficient to meet the costs of the essential air
service program in the current fiscal year, the Secretary shall
transfer such sums as may be necessary to carry out the
essential air service program from any available amounts
appropriated to or directly administered by the Office of the
Secretary for such fiscal year.
compensation for air carriers
(RESCISSION)
Of the remaining unobligated balances under section 101(a)(2)
of Public Law 107-42, $22,000,000 are rescinded.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Sec. 101. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salaries and
expenses'' to ``Minority Business Outreach''.
Sec. 102. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of
the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities
underway on the date of enactment of this Act, unless such
assessments or agreements have completed the normal
reprogramming process for Congressional notification.
Sec. 103. None of the funds made available under this Act may
be obligated or expended to establish or implement a program
under which essential air service communities are required to
assume subsidy costs commonly referred to as the EAS local
participation program.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities, the
operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to
the public, lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available by
Public Law 108-176, $8,740,000,000, of which $6,397,060,900
shall be derived from the Airport and Airway Trust Fund, of
which not to exceed $6,969,638,000 shall be available for air
traffic organization activities; not to exceed $1,082,602,000
shall be available for aviation safety activities; not to
exceed $12,549,000 shall be available for commercial space
transportation activities; not to exceed $100,593,000 shall be
available for financial services activities; not to exceed
$91,214,000 shall be available for human resources program
activities; not to exceed $286,848,000 shall be available for
region and center operations and regional coordination
activities; not to exceed $162,351,000 shall be available for
staff offices; and not to exceed $38,650,000 shall be available
for information services: Provided, That not to exceed 2
percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
increase or decrease any appropriation by more than 2 percent:
Provided further, That any transfer in excess of 2 percent
shall be treated as a reprogramming of funds under section 405
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary utilize
not less than $6,000,000 of the funds provided for aviation
safety activities to pay for staff increases in the Office of
Aviation Flight Standards and the Office of Aircraft
Certification: Provided further, That not later than March 31
of each fiscal year hereafter, the Administrator of the Federal
Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004
pursuant to section 221 of Public Law 108-176: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 for each day after March 31 that such report has
not been submitted to the Congress: Provided further, That
funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or
implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of
the enactment of this Act: Provided further, That there may be
credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in the
provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for
issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests
related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated under
this heading, not less than $8,500,000 shall be for the
contract tower cost-sharing program: Provided further, That
none of the funds in this Act shall be available for paying
premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
Administration employee unless such employee actually performed
work during the time corresponding to such premium pay:
Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working
Capital Fund: Provided further, That none of the funds in this
Act may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of air navigation
and experimental facilities and equipment, as authorized under
part A of subtitle VII of title 49, United States Code,
including initial acquisition of necessary sites by lease or
grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease
or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this
heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust
Fund, $2,513,611,000, of which $2,053,638,000 shall remain
available until September 30, 2010, and of which $459,973,000
shall remain available until September 30, 2008: Provided, That
there may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal year
2009 President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2009 through
2013, with total funding for each year of the plan constrained
to the funding targets for those years as estimated and
approved by the Office of Management and Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $146,828,100,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2010: Provided, That there
may be credited to this appropriation as offsetting
collections, funds received from States, counties,
municipalities, other public authorities, and private sources,
which shall be available for expenses incurred for research,
engineering, and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49, United
States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for grants authorized under section 41743 of title 49,
United States Code; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $4,399,000,000 to be derived
from the Airport and Airway Trust Fund and to remain available
until expended: Provided, That none of the funds under this
heading shall be available for the planning or execution of
programs the obligations for which are in excess of
$3,514,500,000 in fiscal year 2008, notwithstanding section
47117(g) of title 49, United States Code: Provided further,
That none of the funds under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any
other provision of law, of funds limited under this heading,
not more than $80,676,000 shall be obligated for
administration, not less than $10,000,000 shall be available
for the airport cooperative research program, not less than
$18,712,000 shall be for Airport Technology Research and
$10,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary,
Salaries and Expenses'' to carry out the Small Community Air
Service Development Program.
(RESCISSION)
Of the amounts authorized under sections 48103 and 48112 of
title 49, United States Code, $185,500,000 is rescinded from
amounts authorized for the fiscal year ending September 30,
2007 and prior years; and $85,000,000 is rescinded from amounts
authorized for the fiscal year ending September 30, 2008.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 425 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 2008.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities and
expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require
airport sponsors to provide land without cost to the FAA for
air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to satisfy
49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303:
Provided, That during fiscal year 2008, 49 U.S.C. 41742(b)
shall not apply, and any amount remaining in such account at
the close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and
available for the same purposes of such appropriation.
Sec. 114. (a) Section 44302(f)(1) of title 49, United States
Code, is amended by striking ``2006,'' each place it appears
and inserting ``2008,''.
(b) Section 44303(b) of such title is amended by striking
``2006,'' and inserting ``2008,''.
Sec. 115. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 116. Extension of Taxes and Expenditure Authority
Relating to Airport and Airway Trust Fund. (a) Fuel Taxes.--
Subparagraph (B) of section 4081(d)(2) of the Internal Revenue
Code of 1986 is amended by striking ``September 30, 2007'' and
inserting ``February 29, 2008''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of
such Code is amended by striking ``September 30, 2007''
and inserting ``February 29, 2008''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A)
of such Code is amended by striking ``September 30,
2007'' and inserting ``February 29, 2008''.
(c) Airport and Airway Trust Fund Expenditure Authority.--
(1) In general.--Paragraph (1) of section 9502(d) of
such Code is amended--
(A) by striking ``October 1, 2007'' and
inserting ``March 1, 2008'', and
(B) by inserting ``or the Department of
Transportation Appropriations Act, 2008'' in
subparagraph (A) before the semicolon at the
end.
(2) Conforming amendment.--Paragraph (2) of section
9502(f) of such Code is amended by striking ``October
1, 2007'' and inserting ``March 1, 2008''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2007.
Sec. 117. Labor Integration. (a) Labor Integration.--With
respect to any covered transaction involving two or more
covered air carriers that results in the combination of crafts
or classes that are subject to the Railway Labor Act (45 U.S.C.
151 et seq.), sections 3 and 13 of the labor protective
provisions imposed by the Civil Aeronautics Board in the
Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall
apply to the integration of covered employees of the covered
air carriers; except that--
(1) if the same collective bargaining agent
represents the combining crafts or classes at each of
the covered air carriers, that collective bargaining
agent's internal policies regarding integration, if
any, will not be affected by and will supersede the
requirements of this section; and
(2) the requirements of any collective bargaining
agreement that may be applicable to the terms of
integration involving covered employees of a covered
air carrier shall not be affected by the requirements
of this section as to the employees covered by that
agreement, so long as those provisions allow for the
protections afforded by sections 3 and 13 of the
Allegheny-Mohawk provisions.
(b) Definitions.--In this section, the following definitions
apply:
(1) Air carrier.--The term ``air carrier'' means an
air carrier that holds a certificate issued under
chapter 411 of title 49, United States Code.
(2) Covered air carrier.--The term ``covered air
carrier'' means an air carrier that is involved in a
covered transaction.
(3) Covered employee.--The term ``covered employee''
means an employee who--
(A) is not a temporary employee; and
(B) is a member of a craft or class that is
subject to the Railway Labor Act (45 U.S.C. 151
et seq.).
(4) Covered transaction.--The term ``covered
transaction'' means--
(A) a transaction for the combination of
multiple air carriers into a single air
carrier; and which
(B) involves the transfer of ownership or
control of--
(i) 50 percent or more of the equity
securities (as defined in section 101
of title 11, United States Code) of an
air carrier; or
(ii) 50 percent or more (by value) of
the assets of the air carrier.
(c) Application.--This section shall not apply to any covered
transaction involving a covered air carrier that took place
before the date of enactment of this Act.
(d) Effectiveness of Provision.--This section shall become
effective on the date of enactment of this Act and shall
continue in effect in fiscal years after fiscal year 2008.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $377,556,000, together with advances and
reimbursements received by the Federal Highway Administration,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration for
necessary expenses for administration and operation.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $40,216,051,359 for Federal-aid highways
and highway safety construction programs for fiscal year 2008:
Provided, That within the $40,216,051,359 obligation limitation
on Federal-aid highways and highway safety construction
programs, not more than $429,800,000 shall be available for the
implementation or execution of programs for transportation
research (chapter 5 of title 23, United States Code; sections
111, 5505, and 5506 of title 49, United States Code; and title
5 of Public Law 109-59) for fiscal year 2008: Provided further,
That this limitation on transportation research programs shall
not apply to any authority previously made available for
obligation: Provided further, That the Secretary may, as
authorized by section 605(b) of title 23, United States Code,
collect and spend fees to cover the costs of services of expert
firms, including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of Federal
credit instruments and all or a portion of the costs to the
Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended
to pay for such costs: Provided further, That such amounts are
in addition to administrative expenses that are also available
for such purpose, and are not subject to any obligation
limitation or the limitation on administrative expenses under
section 608 of title 23, United States Code.
(ADDITIONAL OBLIGATION LIMITATION)
(HIGHWAY TRUST FUND)
For an additional amount of obligation limitation to be
distributed for the purpose of section 144(e) of title 23,
United States Code, $1,000,000,000: Provided, That such
obligation limitation shall be used only for a purpose eligible
for obligation with funds apportioned under such section and
shall be distributed in accordance with the formula in such
section: Provided further, That such obligation limitation
shall remain available for a period of three fiscal years and
shall be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety
construction programs for future fiscal years: Provided
further, That in distributing obligation authority under this
paragraph, the Secretary shall ensure that such obligation
limitation shall supplement and not supplant each State's
planned obligations for such purposes.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways, not
otherwise provided, including reimbursement for sums expended
pursuant to the provisions of 23 U.S.C. 308, $41,955,051,359 or
so much thereof as may be available in and derived from the
Highway Trust Fund (other than the Mass Transit Account), to
remain available until expended.
(RESCISSION)
(HIGHWAY TRUST FUND)
Of the unobligated balances of funds apportioned to each
State under chapter 1 of title 23, United States Code,
$3,150,000,000 are rescinded: Provided, That such rescission
shall not apply to the funds distributed in accordance with
sections 130(f) and 104(b)(5) of title 23, United States Code;
sections 133(d)(1) and 163 of such title, as in effect on the
day before the date of enactment of Public Law 109-59; and the
first sentence of section 133(d)(3)(A) of such title.
I-35W BRIDGE REPAIR AND RECONSTRUCTION
For necessary expenses to carry out the project for repair
and reconstruction of the Interstate 35W bridge located in
Minneapolis, Minnesota, that collapsed on August 1, 2007, as
authorized under section 1(c) of Public Law 110-56, up to
$195,000,000, as documented by the Minnesota Department of
Transportation to remain available until expended: Provided,
That the amount provided under this heading is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act): Provided further, That the Federal
share of the costs of any project funded using amounts made
available under this section shall be 100 percent in accordance
with section 1(b) of Public Law 110-56.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for West Virginia corridor H of the
Appalachian Development Highway System as authorized under
section 1069(y) of Public Law 102-240, as amended, $15,680,000,
to remain available until expended.
DELTA REGIONAL TRANSPORTATION DEVELOPMENT PROGRAM
For necessary expenses for the Delta Regional Transportation
Development Program as authorized under section 1308 of Public
Law 109-59, $14,014,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
(INCLUDING RESCISSIONS)
Sec. 120. (a) For fiscal year 2008, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for
administrative expenses and programs by section 104(a)
of title 23, United States Code; programs funded from
the administrative takedown authorized by section
104(a)(1) of title 23, United States Code (as in effect
on the date before the date of enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users); the highway use tax evasion
program; the programs, projects and activities funded
by the set aside authorized by section 129 of this Act;
the Bureau of Transportation Statistics; and additional
obligation limitation provided in this Act for the
purpose of section 144(e) of title 23, United States
Code;
(2) not distribute an amount from the obligation
limitation for Federal-aid highways that is equal to
the unobligated balance of amounts made available from
the Highway Trust Fund (other than the Mass Transit
Account) for Federal-aid highways and highway safety
programs for previous fiscal years the funds for which
are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears
to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and
highway safety construction programs (other
than sums authorized to be appropriated for
provisions of law described in paragraphs (1)
through (9) of subsection (b) and sums
authorized to be appropriated for section 105
of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for
such fiscal year), less the aggregate of the
amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4)(A) distribute the obligation limitation for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for sections
1301, 1302, and 1934 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users; sections 117 (but individually for each
project numbered 1 through 3676 listed in the table
contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users) and 144(g) of title 23, United States Code;
and section 14501 of title 40, United States Code, so
that the amount of obligation authority available for
each of such sections is equal to the amount determined
by multiplying the ratio determined under paragraph (3)
by the sums authorized to be appropriated for that
section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of
title 23, United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the
programs that are allocated by the Secretary under the
Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users and title 23, United
States Code (other than to programs to which paragraphs
(1) and (4) apply), by multiplying the ratio determined
under paragraph (3) by the amounts authorized to be
appropriated for each such program for such fiscal
year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-
aid highways and highway safety construction programs
(other than the amounts apportioned for the equity
bonus program, but only to the extent that the amounts
apportioned for the equity bonus program for the fiscal
year are greater than $2,639,000,000, and the
Appalachian development highway system program) that
are apportioned by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users and title 23, United States
Code, in the ratio that--
(A) amounts authorized to be appropriated for
such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are
apportioned to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations: (1) under section 125 of title 23, United States
Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-Aid
Highway Act of 1981; (4) under subsections (b) and (j) of
section 131 of the Surface Transportation Assistance Act of
1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of
1987; (6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; (7) under
section 157 of title 23, United States Code, as in effect on
the day before the date of the enactment of the Transportation
Equity Act for the 21st Century; (8) under section 105 of title
23, United States Code, as in effect for fiscal years 1998
through 2004, but only in an amount equal to $639,000,000 for
each of those fiscal years; (9) for Federal-aid highway
programs for which obligation authority was made available
under the Transportation Equity Act for the 21st Century or
subsequent public laws for multiple years or to remain
available until used, but only to the extent that the
obligation authority has not lapsed or been used; (10) under
section 105 of title 23, United States Code, but only in an
amount equal to $639,000,000 for each of fiscal years 2005
through 2008; and (11) under section 1603 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, to the extent that funds obligated in
accordance with that section were not subject to a limitation
on obligations at the time at which the funds were initially
made available for obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if
the amount distributed cannot be obligated during that fiscal
year and redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of
title 23, United States Code, and title V (research title) of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users, except that obligation
authority made available for such programs under such
limitation shall remain available for a period of 3 fiscal
years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway
safety construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the
date of the distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the
States any funds that--
(A) are authorized to be appropriated for
such fiscal year for Federal-aid highways
programs; and
(B) the Secretary determines will not be
allocated to the States, and will not be
available for obligation, in such fiscal year
due to the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under
paragraph (1) in the same ratio as the distribution of
obligation authority under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph
(1) shall be available for any purposes described in
section 133(b) of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(a)(4) for the provision specified in subsection (a)(4) shall--
(1) remain available until used for obligation of
funds for that provision; and
(2) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under
subsection (a)(4) for each project numbered 1 through
3676 listed in the table contained in section 1702 of
the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users may be
obligated for any other project in such section in the
same State.
(2) Restoration.--Obligation authority used as
described in paragraph (1) shall be restored to the
original purpose on the date on which obligation
authority is distributed under this section for the
next fiscal year following obligation under paragraph
(1).
(h) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution of
obligation authority under subsection (a)(4)(A) for each of the
individual projects numbered greater than 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to 49 U.S.C.
111 may be credited to the Federal-aid highways account for the
purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation
for Federal-aid highways and highway safety construction.
Sec. 122. Of the unobligated balances made available under
sections 1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108 of
Public Law 102-240, $1,292,287.73 are rescinded.
Sec. 123. Of the unobligated balances made available under
section 1602 of Public Law 105-178, $5,987,345.70 are
rescinded.
Sec. 124. Of the unobligated balances made available under
section 188(a)(1) of title 23, United States Code, as in effect
on the day before the date of enactment of Public Law 109-59,
and under section 608(a)(1) of such title, $256,806,000 are
rescinded.
Sec. 125. Of the amounts made available under section 104(a)
of title 23, United States Code, $43,358,601 are rescinded.
Sec. 126. Of the unobligated balances of funds made available
in fiscal year 2005 and prior fiscal years for the
implementation or execution of programs for transportation
research, training and education, and technology deployment
including intelligent transportation systems, $239,801,603 are
rescinded.
Sec. 127. Of the amounts made available for ``Highway Related
Safety Grants'' by section 402 of title 23, United States Code,
and administered by the Federal Highway Administration, $11,314
in unobligated balances are rescinded.
Sec. 128. Of the unobligated balances made available under
Public Law 101-516, Public Law 102-143, Public Law 103-331,
Public Law 106-346, Public Law 107-87, and Public Law 108-7,
$4,753,687.26 are rescinded.
Sec. 129. Notwithstanding any other provision of law, the
Secretary of Transportation shall set aside from revenue
aligned budget authority authorized for fiscal year 2008 under
section 110 of title 23, United States Code, such sums as may
be necessary for the programs, projects and activities at the
level of 98 percent of the corresponding amounts identified
under this section in the explanatory statement accompanying
this Act: Provided, That funds set aside by this section, at
the request of a State, shall be transferred by the Secretary
to another Federal agency: Provided further, That the Federal
share payable on account of any program, project, or activity
carried out with funds set aside by this section shall be 100
percent: Provided further, That the sums set aside by this
section shall remain available until expended: Provided
further, That all funds set aside by this section shall be
subject to any limitation on obligations for Federal-aid
highways and highway safety construction programs set forth in
this Act or any other Act: Provided further, That the
obligation limitation made available for the programs,
projects, and activities for which funds are set aside by this
section shall remain available until used and shall be in
addition to the amount of any limitation imposed on obligations
for Federal-aid highway and highway safety construction
programs for future fiscal years: Provided further, That
amounts authorized for fiscal year 2008 for revenue aligned
budget authority under such section in excess of the amount set
aside by the first clause of this section are rescinded.
Sec. 130. Not less than 15 days prior to waiving, under her
statutory authority, any Buy America requirement for Federal-
aid highway projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor: Provided,
That the Secretary shall provide an annual report to the
Appropriations Committees of the Congress on any waivers
granted under the Buy America requirements.
Sec. 131. Notwithstanding any other provision of law,
amounts authorized for fiscal year 2008 for programs under
sections 1305 and 1502 of Public Law 109-59 and section 503(b)
of title 23, United States Code, are rescinded.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING RESCISSION)
For payment of obligations incurred for administration of
motor carrier safety operations and programs pursuant to
section 31104(i) of title 49, United States Code, and sections
4127 and 4134 of Public Law 109-59, $229,654,000, to be derived
from the Highway Trust Fund (other than the Mass Transit
Account), together with advances and reimbursements received by
the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That
none of the funds derived from the Highway Trust Fund in this
Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in
excess of $229,654,000, for ``Motor Carrier Safety Operations
and Programs'', of which $8,900,000, to remain available for
obligation until September 30, 2010, is for the research and
technology program and $1,000,000 shall be available for
commercial motor vehicle operator's grants to carry out section
4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds
under this heading for outreach and education shall be
available for transfer: Provided further, That $1,815,553 in
unobligated balances are rescinded.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING RESCISSION)
For payment of obligations incurred in carrying out sections
31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49,
United States Code, and sections 4126 and 4128 of Public Law
109-59, $300,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act
shall be available for the implementation or execution of
programs, the obligations for which are in excess of
$300,000,000, for ``Motor Carrier Safety Grants''; of which
$202,000,000 shall be available for the motor carrier safety
assistance program to carry out sections 31102 and 31104(a) of
title 49, United States Code; $25,000,000 shall be available
for the commercial driver's license improvements program to
carry out section 31313 of title 49, United States Code;
$32,000,000 shall be available for the border enforcement
grants program to carry out section 31107 of title 49, United
States Code; $5,000,000 shall be available for the performance
and registration information system management program to carry
out sections 31106(b) and 31109 of title 49, United States
Code; $25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program to carry
out section 4126 of Public Law 109-59; $3,000,000 shall be
available for the safety data improvement program to carry out
section 4128 of Public Law 109-59; and $8,000,000 shall be
available for the commercial driver's license information
system modernization program to carry out section 31309(e) of
title 49, United States Code: Provided further, That of the
funds made available for the motor carrier safety assistance
program, $29,000,000 shall be available for audits of new
entrant motor carriers: Provided further, That $11,260,214 in
unobligated balances are rescinded.
MOTOR CARRIER SAFETY
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the amounts made available under this heading in prior
appropriations Acts, $32,187,720 in unobligated balances are
rescinded.
NATIONAL MOTOR CARRIER SAFETY PROGRAM
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the amounts made available under this heading in prior
appropriations Act, $5,212,858 in unobligated balances are
rescinded.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Sec. 135. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350
of Public Law 107-87 and section 6901 of Public Law 110-28,
including that the Secretary submit a report to the House and
Senate Appropriations Committees annually on the safety and
security of transportation into the United States by Mexico-
domiciled motor carriers.
Sec. 136. None of the funds made available under this Act may
be used to establish a cross-border motor carrier demonstration
program to allow Mexico-domiciled motor carriers to operate
beyond the commercial zones along the international border
between the United States and Mexico.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
subtitle C of title X of Public Law 109-59, chapter 301 of
title 49, United States Code, and part C of subtitle VI of
title 49, United States Code, $126,572,000, of which
$26,156,000 shall remain available until September 30, 2010:
Provided, That none of the funds appropriated by this Act may
be obligated or expended to plan, finalize, or implement any
rulemaking to add to section 575.104 of title 49 of the Code of
Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards
(treadwear, traction, and temperature resistance) already in
effect.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, $107,750,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account)
and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2008, are in excess of $107,750,000 for programs
authorized under 23 U.S.C. 403.
NATIONAL DRIVER REGISTER
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $4,000,000, to be derived
from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That
none of the funds in this Act shall be available for the
implementation or execution of programs the total obligations
for which, in fiscal year 2008, are in excess of $4,000,000 for
the National Driver Register authorized under such chapter.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and
sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
59, to remain available until expended, $599,250,000 to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2008, are in
excess of $599,250,000 for programs authorized under 23 U.S.C.
402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
2010, and 2011 of Public Law 109-59, of which $225,000,000
shall be for ``Highway Safety Programs'' under 23 U.S.C. 402;
$25,000,000 shall be for ``Occupant Protection Incentive
Grants'' under 23 U.S.C. 405; $124,500,000 shall be for
``Safety Belt Performance Grants'' under 23 U.S.C. 406;
$34,500,000 shall be for ``State Traffic Safety Information
System Improvements'' under 23 U.S.C. 408; $131,000,000 shall
be for ``Alcohol-Impaired Driving Countermeasures Incentive
Grant Program'' under 23 U.S.C. 410; $18,250,000 shall be for
``Administrative Expenses'' under section 2001(a)(11) of Public
Law 109-59; $29,000,000 shall be for ``High Visibility
Enforcement Program'' under section 2009 of Public Law 109-59;
$6,000,000 shall be for ``Motorcyclist Safety'' under section
2010 of Public Law 109-59; and $6,000,000 shall be for ``Child
Safety and Child Booster Seat Safety Incentive Grants'' under
section 2011 of Public Law 109-59: Provided further, That none
of these funds shall be used for construction, rehabilitation,
or remodeling costs, or for office furnishings and fixtures for
State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made
available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical
assistance to the States: Provided further, That not to exceed
$750,000 of the funds made available for the ``High Visibility
Enforcement Program'' shall be available for the evaluation
required under section 2009(f) of Public Law 109-59.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION
(INCLUDING RESCISSIONS)
Sec. 140. Notwithstanding any other provision of law or
limitation on the use of funds made available under section 403
of title 23, United States Code, an additional $130,000 shall
be made available to the National Highway Traffic Safety
Administration, out of the amount limited for section 402 of
title 23, United States Code, to pay for travel and related
expenses for State management reviews and to pay for core
competency development training and related expenses for
highway safety staff.
Sec. 141. Of the amounts made available under the heading
``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $12,197,113.60 in
unobligated balances are rescinded.
Sec. 142. Of the amounts made available under the heading
``National Driver Register (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $119,914.61 in
unobligated balances are rescinded.
Sec. 143. Of the amounts made available under the heading
``Highway Traffic Safety Grants (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $10,528,958 in
unobligated balances are rescinded.
Federal Railroad Administration
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $150,193,499, of
which $12,268,890 shall remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$35,964,400, to remain available until expended.
CAPITAL ASSISTANCE TO STATES--INTERCITY
PASSENGER RAIL SERVICE
To enable the Federal Railroad Administrator to make
grants to States for the capital costs of improving existing
intercity passenger rail service and providing new intercity
passenger rail service, $30,000,000, to remain available until
expended: Provided, That grants shall be provided to a State
only on a reimbursable basis: Provided further, That grants
cover no more than 50 percent of the total capital cost of a
project selected for funding: Provided further, That no more
than ten percent of funds made available under this program may
be used for planning activities that lead directly to the
development of a passenger rail corridor investment plan
consistent with the requirements established by the
Administrator: Provided further, That no later than eight
months following enactment of this Act, the Secretary shall
establish and publish criteria for project selection, set a
deadline for grant applications, and provide a schedule for
project selection: Provided further, That to be eligible for
this assistance, States must include intercity passenger rail
service as an integral part of statewide transportation
planning as required under section 135 of title 23, United
States Code: Provided further, That to be eligible for capital
assistance the specific project must be on the Statewide
Transportation Improvement Plan at the time of the application
to qualify: Provided further, That the Secretary give priority
to capital and planning applications for projects that improve
the safety and reliability of intercity passenger trains,
involve a commitment by freight railroads to an enforceable on-
time performance of passenger trains of 80 percent or greater,
involve a commitment by freight railroads of financial
resources commensurate with the benefit expected to their
operations, improve or extend service on a route that requires
little or no Federal assistance for its operations, and involve
a commitment by States or railroads of financial resources to
improve the safety of highway/rail grade crossings over which
the passenger service operates.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant
to section 512 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, in such
amounts and at such times as may be necessary to pay any
amounts required pursuant to the guarantee of the principal
amount of obligations under sections 511 through 513 of such
Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the
credit risk premium during fiscal year 2008.
RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM
For necessary expenses of carrying out section 20154 of title
49, United States Code, as authorized by section 9002 of Public
Law 109-59, $20,145,000, to remain available until expended.
OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for
operation of intercity passenger rail, $475,000,000 to remain
available until expended: Provided, That the Secretary of
Transportation shall approve funding to cover operating losses
for the Corporation only after receiving and reviewing a grant
request for each specific train route: Provided further, That
each such grant request shall be accompanied by a detailed
financial analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's
satisfaction: Provided further, That the Corporation is
directed to achieve savings through operating efficiencies
including, but not limited to, modifications to food and
beverage service and first class service: Provided further,
That the Inspector General of the Department of Transportation
shall report to the House and Senate Committees on
Appropriations beginning three months after the date of the
enactment of this Act and quarterly thereafter with estimates
of the savings accrued as a result of all operational reforms
instituted by the Corporation: Provided further, That not later
than 120 days after enactment of this Act, the Corporation
shall transmit to the House and Senate Committees on
Appropriations the status of its plan to improve the financial
performance of food and beverage service and its plan to
improve the financial performance of first class service
(including sleeping car service): Provided further, That the
Corporation shall report quarterly to the House and Senate
Committees on Appropriations on its progress against the
milestones and target dates contained in the plan provided in
fiscal year 2007 and quantify savings realized to date on a
monthly basis compared to those projected in the plan, identify
any changes in the plan or delays in implementing these plans,
and identify the causes of delay and proposed corrective
measures: Provided further, That not later than 90 days after
enactment of this Act, the Corporation shall transmit, in
electronic format, to the Secretary, the House and Senate
Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation a comprehensive business
plan approved by the Board of Directors for fiscal year 2008
under section 24104(a) of title 49, United States Code:
Provided further, That the business plan shall include, as
applicable, targets for ridership, revenues, and capital and
operating expenses: Provided further, That the plan shall also
include a separate accounting of such targets for the Northeast
Corridor; commuter service; long-distance Amtrak service;
State-supported service; each intercity train route, including
Autotrain; and commercial activities including contract
operations: Provided further, That the business plan shall
include a description of the work to be funded, along with cost
estimates and an estimated timetable for completion of the
projects covered by this business plan: Provided further, That
the Corporation shall continue to provide monthly reports in
electronic format regarding the pending business plan, which
shall describe the work completed to date, any changes to the
business plan, and the reasons for such changes, and shall
identify all sole source contract awards which shall be
accompanied by a justification as to why said contract was
awarded on a sole source basis: Provided further, That the
Corporation's business plan and all subsequent supplemental
plans shall be displayed on the Corporation's website within a
reasonable timeframe following their submission to the
appropriate entities: Provided further, That none of the funds
under this heading may be obligated or expended until the
Corporation agrees to continue abiding by the provisions of
paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for
the direct loan agreement of June 28, 2002, in the same manner
as in effect on the date of enactment of this Act: Provided
further, That none of the funds provided in this Act may be
used after March 1, 2006, to support any route on which Amtrak
offers a discounted fare of more than 50 percent off the
normal, peak fare: Provided further, That the preceding proviso
does not apply to routes where the operating loss as a result
of the discount is covered by a State and the State
participates in the setting of fares: Provided further, That of
the amounts made available under this heading not less than
$18,500,000 shall be available for the Amtrak Office of
Inspector General.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
maintenance and repair of capital infrastructure owned by the
Corporation, including railroad equipment, rolling stock, legal
mandates and other services, $850,000,000, to remain available
until expended, of which not to exceed $285,000,000 shall be
for debt service obligations: Provided, That the Secretary may
retain up to one-quarter of one percent of the funds under this
heading to fund the oversight by the Federal Railroad
Administration of the design and implementation of capital
projects funded by grants made under this heading: Provided
further, That the Secretary shall approve funding for capital
expenditures, including advance purchase orders of materials,
for the Corporation only after receiving and reviewing a grant
request for each specific capital grant justifying the Federal
support to the Secretary's satisfaction: Provided further, That
none of the funds under this heading may be used to subsidize
operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital
projects not approved by the Secretary of Transportation or on
the Corporation's fiscal year 2008 business plan: Provided
further, That $35,000,000 of amounts made available under this
heading shall be available until expended for capital
improvements if the Corporation demonstrates to the Secretary's
satisfaction that the Corporation has achieved operational
savings and met ridership and revenue targets as defined in the
Corporation's business plan: Provided further, That of the
funds provided under this section, not less than $5,000,000
shall be expended for the development and implementation of a
managerial cost accounting system, which includes average and
marginal unit cost capability: Provided further, That within 90
days of enactment, the Department of Transportation Inspector
General shall review and comment to the Secretary of
Transportation and the House and Senate Committees on
Appropriations upon the strengths and weaknesses of the system
being developed by the Corporation and how it best can be
implemented to improve decision making by the Board of
Directors and management of the Corporation: Provided further,
That not later than 180 days after the enactment of this Act,
the Secretary, in consultation with the Corporation and the
States on the Northeast Corridor, shall establish a common
definition of what is determined to be a ``state of good
repair'' on the Northeast Corridor and report its findings,
including definitional areas of disagreement, to the House and
Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Sec. 150. Notwithstanding any other provision of this Act,
funds provided in this Act for the National Railroad Passenger
Corporation shall immediately cease to be available to said
Corporation in the event that the Corporation contracts to have
services provided at or from any location outside the United
States. For purposes of this section, the word ``services''
shall mean any service that was, as of July 1, 2006, performed
by a full-time or part-time Amtrak employee whose base of
employment is located within the United States.
Sec. 151. Not later than January 1, 2008, the Federal
Railroad Administrator shall submit a report, and quarterly
reports thereafter, to the House and Senate Committees on
Appropriations detailing the Administrator's efforts at
improving the on-time performance of Amtrak intercity rail
service operating on non-Amtrak owned property. Such reports
shall compare the most recent actual on-time performance data
to pre-established on-time performance goals that the
Administrator shall set for each rail service, identified by
route. Such reports shall also include whatever other
information and data regarding the on-time performance of
Amtrak trains the Administrator deems to be appropriate.
Sec. 152. The Secretary may purchase promotional items of
nominal value for use in public outreach activities to
accomplish the purposes of 49 U.S.C. 20134: Provided, That the
Secretary shall prescribe guidelines for the administration of
such purchases and use.
Sec. 153. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned automated
track inspection cars and equipment as a result of third party
liability for such damages, and any amounts collected under
this subsection shall be credited directly to the Safety and
Operations account of the Federal Railroad Administration, and
shall remain available until expended for the repair, operation
and maintenance of automated track inspection cars and
equipment in connection with the automated track inspection
program.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49,
United States Code, $89,300,000: Provided, That of the funds
available under this heading, not to exceed $1,504,000 shall be
available for travel and not to exceed $20,719,000 shall be
available for the central account: Provided further, That any
funding transferred from the central account shall be submitted
for approval to the House and Senate Committees on
Appropriations: Provided further, That none of the funds
provided or limited in this Act may be used to create a
permanent office of transit security under this heading:
Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49,
United States Code, $2,000,000 shall be reimbursed to the
Department of Transportation's Office of Inspector General for
costs associated with audits and investigations of transit-
related issues, including reviews of new fixed guideway
systems: Provided further, That upon submission to the Congress
of the fiscal year 2009 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on
new starts, including proposed allocations of funds for fiscal
year 2009.
FORMULA AND BUS GRANTS
(LIQUIDATION OF CONTRACT AUTHORITY)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING RESCISSION)
For payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, $6,855,000,000, to be derived
from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available
for the implementation or execution of programs authorized
under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317,
5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-
178, as amended, shall not exceed total obligations of
$7,767,887,062 in fiscal year 2008: Provided further, That of
the funds available to carry out the bus program under section
5309 of title 49, United States Code, which are not otherwise
allocated under this act or under SAFETEA-LU (Public Law 109-
59), not more than 10 percent may be expended in furtherance of
the Department of Transportation's ``National Strategy to
Reduce Congestion on America's Transportation Network'' issued
May, 2006 by Secretary of Transportation, the Honorable Norman
Mineta; also known as the ``Congestion Initiative'' or any
other new highway congestion initiative: Provided further, That
$28,660,920 in unobligated balances are rescinded.
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $65,362,900, to remain available until
expended: Provided, That $9,300,000 is available to carry out
the transit cooperative research program under section 5313 of
title 49, United States Code, $4,300,000 is available for the
National Transit Institute under section 5315 of title 49,
United States Code, and $7,000,000 is available for university
transportation centers program under section 5506 of title 49,
United States Code: Provided further, That $44,762,900 is
available to carry out national research programs under
sections 5312, 5313, 5314, and 5322 of title 49, United States
Code.
CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out section 5309 of title 49,
United States Code, $1,569,091,997, to remain available until
expended: Provided, That of the funds available under this
heading, amounts are to be made available as follows:
AC Transit BRT Corridor--Alameda County, California,
$490,000.
Alaska and Hawaii ferry projects, $15,000,000.
Bus Rapid Transit, Cumberland County, Pennsylvania,
$294,000.
Central Corridor Light Rail, Minnesota, $10,192,000.
Central Link Initial Segment, Washington,
$68,600,000.
Central LRT Double-Track--Largo Extension, Maryland,
$34,300,000.
Central Phoenix/East Valley Light Rail, Arizona,
$88,200,000.
Charlotte Rapid Transit, North Carolina, $1,960,000.
CORRIDORone Regional Rail Project, Pennsylvania,
$10,976,000.
DCTA Fixed Guideway/Engineering, Lewisville, Texas,
$245,000.
Denali Commission, Alaska, $5,000,000.
Dulles Corridor Metrorail Project, Virginia,
$34,300,000.
Galveston Rail Trolley, Texas, $1,960,000.
Honolulu High Capacity Transit Corridor, Hawaii,
$15,190,000.
Hudson-Bergen MOS-2, New Jersey, $54,089,135.
I-205/Portland Mall Light Rail, Oregon, $78,400,000.
I-69 HOV/BRT, Mississippi, $7,546,000.
JTA Bus Rapid Transit, Jacksonville, Florida,
$9,329,600.
Lane Transit District, Pioneer Parkway EmX Corridor,
Oregon, $14,504,000.
Long Island Rail Road East Side Access, New York,
$210,700,000.
MARC Commuter Rail Improvements and Rolling Stock,
Maryland, $9,800,000.
MBTA Fitchburg to Boston Rail Corridor Project,
Massachusetts, $5,880,000.
METRA Connects Southeast Service, Illinois,
$7,227,500.
METRA Star Line, Illinois, $7,227,500.
METRA Union Pacific Northwest Line, Illinois,
$7,227,500.
METRA Union Pacific West Line, Illinois, $7,227,500.
Metro Gold Line Eastside Extension, California,
$78,400,000.
Metrorail Orange Line Expansion, Florida, $1,960,000.
Metro Rapid Bus System Gap Closure, Los Angeles,
California, $16,347,380.
Mid-Jordan Light Rail Extension, Utah, $19,600,000.
Monmouth-Ocean-Middlesex County Passenger Rail, New
Jersey, $980,000.
New Britain-Hartford Busway, Connecticut, $3,271,632.
Norfolk Light Rail Project, Virginia, $23,030,000.
North Corridor, Houston and Southeast Corridor,
Texas, $19,600,000.
North Shore Corridor & Blue Line, Massachusetts,
$1,960,000.
NorthStar Commuter, Minnesota, $53,900,000.
Northern Indiana Commuter Transit District
Recapitalization, Indiana, $4,900,000.
North Shore LRT Connector, Pennsylvania, $32,846,115.
Northwest NJ-Northeast PA, Pennsylvania, $2,940,000.
NW/SE LRT MOS, Texas, $84,525,000.
Pacific Highway South BRT, King County, Washington,
$13,794,480.
Perris Valley Line Metrolink Extension, California,
$1,960,000.
Pawtucket/Central Falls Commuter Rail Station, Rhode
Island, $1,960,000.
Planning and Design, Bus Rapid Transit-State Avenue
Corridor, Wyandotte County, Kansas, $1,470,000.
Provo Orem Bus Rapid Transit, Utah, $4,018,000.
Rapid Transit (BRT) project, Livermore, California,
$2,940,000.
Ravenswood Line Extension, Illinois, $39,200,000.
Route 1 Bus Rapid Transit, Potomac Yard-Crystal City,
Alexandria and Arlington, Virginia, $980,000.
Second Avenue Subway Phase 1, New York, $167,810,300.
SMART EIS and PE, California, $1,960,000.
South County Commuter Rail Wickford Junction Station,
Rhode Island, $12,269,449.
Southeast Corridor LRT, Colorado, $50,529,274.
South Sacramento Corridor Phase 2, California,
$4,410,000.
Telegraph Avenue-International Boulevard-East 14th
Street Bus Rapid Transit Corridor Improvements,
California, $1,960,000.
Third Street Light Rail, San Francisco, California,
$11,760,000.
Trans-Hudson Midtown Corridor, New Jersey,
$14,700,000.
Troost Corridor Bus Rapid Transit, Missouri,
$6,134,800.
West Corridor Light Rail Project, Colorado,
$39,200,000.
University Link LRT, Washington, $19,600,000.
VIA Bus Rapid Transit Corridor Project, San Antonio,
Texas, $4,900,000.
Virginia Railway Express Extension--Gainesville/
Haymarket, Virginia, $490,000.
VRE Rolling Stock, Virginia, $3,920,000.
Weber County to Salt Lake City, Utah, $78,400,000.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Sec. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
made available by this Act under ``Federal Transit
Administration, Capital investment grants'' and bus and bus
facilities under ``Federal Transit Administration, Formula and
bus grants'' for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2010, and other recoveries, shall be made available for other
projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2007, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for a new fixed guideway
systems projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 164. During fiscal year 2008, each Federal Transit
Administration grant for a project that involves the
acquisition or rehabilitation of a bus to be used in public
transportation shall be funded for 90 percent of the net
capital costs of a biodiesel bus or a factory-installed or
retrofitted hybrid electric propulsion system and any equipment
related to such a system: Provided, That the Secretary shall
have the discretion to determine, through practicable
administrative procedures, the costs attributable to the system
and related-equipment.
Sec. 165. Notwithstanding any other provision of law, in
regard to the Central Link Initial Segment Project, to the
extent that Federal funds remain available within the current
budget for the project, the Secretary shall, immediately upon
the date of enactment of this Act, amend the Full Funding Grant
Agreement for said project to allow remaining Federal funds to
be used to support completion of the Airport Link extension of
said project.
Sec. 166. Amounts provided for a high capacity fixed guideway
light rail and mass transit project for the City of
Albuquerque, New Mexico, in Public Laws 106-69, 106-346 and
107-87 shall be available for bus and bus facilities.
Sec. 167. Any unobligated amounts made available for the
Commuter Rail, Albuquerque to Santa Fe, New Mexico under the
heading ``Capital Investment Grants'' under the heading
``Federal Transit Administration'' in title I of division A of
the Transportation, Treasury, Housing and Urban Development,
the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119
Stat. 2418) shall be made available for public transportation
buses, equipment and facilities related to such buses, and
intermodal terminal in Albuquerque and Santa Fe, New Mexico,
subject to the requirements under section 5309 of title 49,
United States Code.
Sec. 168. Notwithstanding any other provision of law, funds
made available for the Las Vegas Resort Corridor Fixed Guideway
Project under the Federal Transit Administration Capital
Investment Grants Account in any previous Appropriations Act,
including Public Laws 108-7, 108-199, 108-447, and any
unexpended funds in Federal Transit Administration grant number
NV-03-0019 may hereafter be made available until expended to
the Regional Transportation Commission of Southern Nevada for
bus rapid transit projects and bus and bus-related projects:
Provided, That funds made available for a project in accordance
with this section shall be administered under the terms and
conditions set forth in 49 U.S.C. 5307, to the extent
applicable.
Sec. 169. The second sentence of section 321 of the
Department of Transportation and Related Agencies
Appropriations Act, 1986 (99 Stat. 1287) is repealed.
Sec. 170. None of the funds provided or limited under this
Act may be used to issue a final regulation under section 5309
of title 49, United States Code, except that the Federal
Transit Administration may continue to review comments received
on the proposed rule (Docket No. FTA-2006-25737).
Sec. 171. Funds made available to the Putnam County, Florida
for Ride Solutions buses and bus facilities in Public Laws 108-
199, 108-447 and 109-115 that remain unobligated may be
available to Putnam County under the conditions of 49 U.S.C.
5312 to research, develop, fabricate, test, demonstrate, deploy
and evaluate a low floor bus to meet the needs of Ride Solution
in particular, and small urban and rural operators in general.
Sec. 172. Of the balances available for this fiscal year to
carry out 49 U.S.C. 5309(b) left to the discretion of the
Secretary of Transportation, $104,697,038 are rescinded.
Sec. 173. Of the balances available for this fiscal year to
carry out 49 U.S.C. 5339 left to the discretion of the
Secretary of Transportation, $308,900 are rescinded.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation, and
in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation's budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $17,392,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $156,000,000, to remain available until
expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $121,992,000, of which $25,720,000 shall
remain available until September 30, 2008, for salaries and
benefits of employees of the United States Merchant Marine
Academy; of which $14,139,000 shall remain available until
expended for capital improvements at the United States Merchant
Marine Academy; and of which $10,500,000 shall remain available
until expended for maintenance and repair of Schoolships at
State Maritime Schools.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $17,000,000, to remain available until
expended.
ASSISTANCE TO SMALL SHIPYARDS
To make grants for capital improvements and related
infrastructure improvements at qualified shipyards that will
facilitate the efficiency, cost-effectiveness, and quality of
domestic ship construction for commercial and Federal
Government use as authorized under section 3506 of Public Law
109-163, $10,000,000, to remain available until expended:
Provided, That to be considered for assistance, a qualified
shipyard shall submit an application for assistance no later
than 60 days after enactment of this Act: Provided further,
That from applications submitted under the previous proviso,
the Secretary of Transportation shall make grants no later than
120 days after enactment of this Act in such amounts as the
Secretary determines: Provided further, That not to exceed 2
percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized, $8,408,000,
of which $5,000,000 shall remain available until expended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That not to
exceed $3,408,000 shall be available for administrative
expenses to carry out the guaranteed loan program, which shall
be transferred to and merged with the appropriation for
``Operations and Training'', Maritime Administration.
SHIP CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this heading,
$6,673,000 are rescinded.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Sec. 175. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration, and payments
received therefor shall be credited to the appropriation
charged with the cost thereof: Provided, That rental payments
under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into
the Treasury as miscellaneous receipts.
Sec. 176. No obligations shall be incurred during the current
fiscal year from the construction fund established by the
Merchant Marine Act, 1936 (46 U.S.C. 53101 note (cds)), or
otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Pipeline and
Hazardous Materials Safety Administration, $18,130,000, of
which $639,000 shall be derived from the Pipeline Safety Fund.
HAZARDOUS MATERIALS SAFETY
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $28,000,000, of which $1,761,000 shall remain
available until September 30, 2010: Provided, That up to
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be
deposited in the general fund of the Treasury as offsetting
receipts: Provided further, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for
travel expenses incurred in performance of hazardous materials
exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107, and
to discharge the pipeline program responsibilities of the Oil
Pollution Act of 1990, $79,828,000, of which $18,810,000 shall
be derived from the Oil Spill Liability Trust Fund and shall
remain available until September 30, 2010; of which $61,018,000
shall be derived from the Pipeline Safety Fund, of which
$32,242,000 shall remain available until September 30, 2010:
Provided, That not less than $1,043,000 of the funds provided
under this heading shall be for the one-call State grant
program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2009: Provided, That
not more than $28,318,000 shall be made available for
obligation in fiscal year 2008 from amounts made available by
49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That none
of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made available for obligation by individuals
other than the Secretary of Transportation, or her designee.
Research and Innovative Technology Administration
RESEARCH AND DEVELOPMENT
For necessary expenses of the Research and Innovative
Technology Administration, $12,000,000, of which $6,036,000
shall remain available until September 30, 2010: Provided, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training.
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $66,400,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C.
App. 3), to investigate allegations of fraud, including false
statements to the government (18 U.S.C. 1001), by any person or
entity that is subject to regulation by the Department:
Provided further, That the funds made available under this
heading shall be used to investigate, pursuant to section 41712
of title 49, United States Code: (1) unfair or deceptive
practices and unfair methods of competition by domestic and
foreign air carriers and ticket agents; and (2) the compliance
of domestic and foreign air carriers with respect to item (1)
of this proviso.
Surface Transportation Board
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,324,500:
Provided, That notwithstanding any other provision of law, not
to exceed $1,250,000 from fees established by the Chairman of
the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further,
That the sum herein appropriated from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2008, to result in
a final appropriation from the general fund estimated at no
more than $25,074,500.
General Provisions--Department of Transportation
(INCLUDING TRANSFERS OF FUNDS)
(INCLUDING RESCISSION)
Sec. 180. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.
Sec. 183. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for
a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses
incurred for training may be credited respectively to the
Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Research and
University Research Centers'' account, and to the Federal
Railroad Administration's ``Safety and Operations'' account,
except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway Administration,
the Federal Railroad Administration and the Federal Transit
Administration shall be made available for the eligible
programs, projects and activities at the level of 98 percent of
the corresponding amounts identified in the explanatory
statement accompanying this Act for the ``Delta Regional
Transportation Development Program'', ``Ferry Boats and Ferry
Terminal Facilities'', ``Federal Lands'', ``Interstate
Maintenance Discretionary'', ``Transportation, Community and
System Preservation Program'', ``Rail Line Relocation and
Improvement Program'', ``Rail-highway crossing hazard
eliminations'', ``Alternatives analysis'', and ``Bus and bus
facilities'': Provided, That amounts authorized within the
Federal Highway Administration for fiscal year 2008 for the
Interstate Maintenance Discretionary program under section
118(c) of title 23, United States Code, the Ferry Boats and
Ferry Terminal Facilities program under section 147 of title
23, United States Code (excluding the set-aside for projects on
the National Highway System authorized by section 147(b) of
such title), the Public Lands Highways Discretionary program
under section 202(b)(1)(A) of title 23, United States Code, and
the Transportation, Community and System Preservation program
under section 1117 of Public Law 109-59 in excess of the
amounts so set aside by the first clause of this section for
such programs, projects and activities in the explanatory
statement accompanying this Act are rescinded: Provided
further, That amounts authorized within the Federal Railroad
Administration for fiscal year 2008 for Rail-highway Crossing
Hazard Eliminations under section 104(d)(2)(A) of title 23,
United States Code (excluding the set-aside for certain
improvements authorized by section 104(d)(2)(E) of such title),
in excess of the amounts so set aside by the first clause of
this section for such programs, projects and activities in the
explanatory statement accompanying this Act are rescinded.
Sec. 187. Notwithstanding any other provisions of law, rule
or regulation, the Secretary of Transportation is authorized to
allow the issuer of any preferred stock heretofore sold to the
Department to redeem or repurchase such stock upon the payment
to the Department of an amount determined by the Secretary.
Sec. 188. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
discretionary grant award, letter of intent, or full funding
grant agreement totaling $500,000 or more is announced by the
department or its modal administrations from: (1) any
discretionary grant program of the Federal Highway
Administration including the emergency relief program; (2) the
airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 189. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to
be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such funds
shall be available until expended.
Sec. 190. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper
payments; and
(2) to pay contractors for services provided in
recovering improper payments or contractor support in
the implementation of the Improper Payments Information
Act of 2002: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments
were made, and shall be available for the
purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains
available, shall be deposited in the Treasury
as miscellaneous receipts: Provided, That prior
to the transfer of any such recovery to an
appropriations account, the Secretary shall
notify the House and Senate Committees on
Appropriations of the amount and reasons for
such transfer: Provided further, That for
purposes of this section, the term ``improper
payments'', has the same meaning as that
provided in section 2(d)(2) of Public Law 107-
300.
Sec. 191. (a) Funds provided in Public Law 102-143 in the
item relating to ``Highway Bypass Demonstration Project'' shall
be available for the improvement of Route 101 in the vicinity
of Prunedale, Monterey County, California.
(b) Funds provided under section 378 of the Department of
Transportation and Related Agencies Appropriations Act, 2001
(Public Law 106-346, 114 Stat. 1356, 1356A-41), for the
reconstruction of School Road East in Marlboro Township, New
Jersey, shall be available for the Spring Valley Road Project
in Marlboro Township, New Jersey.
(c) Notwithstanding any other provision of law, of the
unexpended balance of funds made available in title I, chapter
III, of Public Law 97-216 (96 Stat. 180, 187) under the heading
``Federal-aid Highway Program'' to execute contracts to replace
or rehabilitate highway bridges, as designated on page 19 of
House Report 97-632, $5,000,000 shall be made available for
East Chicago Road Reconstruction, East Chicago, Indiana, and
the remaining unexpended funds shall be made available for
Calumet Avenue Grade Separation, Munster, Indiana.
(d) Of the unobligated balance appropriated under the heading
``Highway Demonstration Projects'' in title I of Public Law
102-143 (105 Stat. 929) that was allocated for Routes 70/38
Circle Elimination, New Jersey, $1,500,000 shall be transferred
to, and made available for, the Delaware Street Bridge
Replacement Project, (CR640) Bridge over Mathews Branch in West
Deptford Township, New Jersey.
Sec. 192. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the
House and Senate Committees on Appropriations, said
reprogramming action shall be approved or denied solely by the
Committees on Appropriations: Provided, That the Secretary may
provide notice to other congressional committees of the action
of the Committees on Appropriations on such reprogramming but
not sooner than 30 days following the date on which the
reprogramming action has been approved or denied by the House
and Senate Committees on Appropriations.
Sec. 193. (a) None of the funds appropriated or otherwise
made available under this Act to the Surface Transportation
Board of the Department of Transportation may be used to take
any action to allow any activity described in subsection (b) in
a case, matter, or declaratory order involving a railroad, or
an entity claiming or seeking authority to operate as a
railroad, unless the Board receives written assurance from the
Governor, or the Governor's designee, of the State in which
such activity will occur that such railroad or entity has
agreed to comply with State and local regulations that
establish public health, safety, and environmental standards
for the activities described in subsection (b), other than
zoning laws or regulations.
(b) Activities referred to in subsection (a) are activities
that occur at a solid waste rail transfer facility involving--
(1) the collection, storage, or transfer of solid
waste (as defined in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903)) outside of original
shipping containers; or
(2) the separation or processing of solid waste
(including baling, crushing, compacting, and
shredding).
Sec. 194. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate complaints filed with
the Board in an amount in excess of the amount authorized for
district court civil suit filing fees under section 1914 of
title 28, United States Code.
Sec. 195. Not later than 30 days after the date of enactment
of this Act, the Secretary of Transportation shall establish
and maintain on the homepage of the Internet website of the
Department of Transportation--
(1) a direct link to the Internet website of the
Office of Inspector General of the Department of
Transportation; and
(2) a mechanism by which individuals may anonymously
report cases of waste, fraud, or abuse with respect to
the Department of Transportation.
Sec. 196. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
Administrator of the Federal Aviation Administration to
displace, reassign, reduce the salary of, or subject to a
reduction in force any employee at the Academy or discontinue
the use of the FAA Academy as the primary training facility for
air traffic controller training as a result of implementing the
Air Traffic Control Optimum Training Solution in its entirety,
prior to September 30, 2008.
Sec. 197. Prohibition on Imposition and Collection of Tolls
on Certain Highways Constructed Using Federal Funds. (a)
Definitions.--In this section:
(1) Federal highway facility.--
(A) In general.--The term ``Federal highway
facility'' means--
(i) any highway, bridge, or tunnel on
the Interstate System that is
constructed using Federal funds; or
(ii) any United States highway.
(B) Exclusion.--The term ``Federal highway
facility'' does not include any right-of-way
for any highway, bridge, or tunnel described in
subparagraph (A).
(2) Tolling provision.--The term ``tolling
provision'' means section 1216(b) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 129 note;
112 Stat. 212);
(b) Prohibition.--
(1) In general.--None of the funds made available by
this Act shall be used to consider or approve an
application to permit the imposition or collection of
any toll on any portion of a Federal highway facility
in the State of Texas--
(A)(i) that is in existence on the date of
enactment of this Act; and
(ii) on which no toll is imposed or collected
under a tolling provision on that date of
enactment; or
(B) that would result in the Federal highway
facility having fewer non-toll lanes than
before the date on which the toll was first
imposed or collected.
(2) Exemption.--Paragraph (1) shall not apply to the
imposition or collection of a toll on a Federal highway
facility--
(A) on which a toll is imposed or collected
under a tolling provision on the date of
enactment of this Act; or
(B) that is constructed, under construction,
or the subject of an application for
construction submitted to the Secretary, after
the date of enactment of this Act.
(c) State Buy-Back.--None of the funds made available by this
Act shall be used to impose or collect a toll on a Federal
highway facility in the State of Texas that is purchased by the
State of Texas on or after the date of enactment of this Act.
Sec. 198. Notwithstanding any other provision of law, the
funding made available for the Schuylkill Valley Metro project
through the Department of Transportation Appropriations Acts
for Federal Fiscal Years 2004 and 2005 shall remain available
for that project during fiscal year 2008.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2008''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Executive Direction
For necessary salaries and expenses for Executive Direction,
$24,980,000, of which not to exceed $3,930,000 shall be
available for the immediate Office of the Secretary and Deputy
Secretary; not to exceed $1,580,000 shall be available for the
Office of Hearings and Appeals; not to exceed $510,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization, not to exceed $725,000 shall be available for the
immediate Office of the Chief Financial Officer; not to exceed
$1,155,000 shall be available for the immediate Office of the
General Counsel; not to exceed $2,670,000 shall be available to
the Office of the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $2,520,000 shall be
for the Office of the Assistant Secretary for Public Affairs;
not to exceed $1,630,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed
$1,620,000 shall be available to the Office of the Assistant
Secretary for Public and Indian Housing; not to exceed
$1,520,000 shall be available to the Office of the Assistant
Secretary for Community Planning and Development; not to exceed
$3,600,000 shall be available to the Office of the Assistant
Secretary for Housing, Federal Housing Commissioner; not to
exceed $1,570,000 shall be available to the Office of the
Assistant Secretary for Policy Development and Research; and
not to exceed $1,950,000 shall be available to the Office of
the Assistant Secretary for Fair Housing and Equal Opportunity:
Provided, That the Secretary of the Department of Housing and
Urban Development is authorized to transfer funds appropriated
for any office funded under this heading to any other office
funded under this heading following the written notification to
the House and Senate Committees on Appropriations: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 5 percent shall be submitted for prior
approval to the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide the
Committees on Appropriations quarterly written notification
regarding the status of pending congressional reports: Provided
further, That not to exceed $25,000 of the amount made
available under this paragraph for the immediate Office of the
Secretary shall be available for official reception and
representation expenses as the Secretary may determine.
ADMINISTRATION, OPERATIONS AND MANAGEMENT
For necessary salaries and expenses for administration,
operations and management for the Department of Housing and
Urban Development, $493,630,000, of which not to exceed
$69,070,000 shall be available for the personnel compensation
and benefits of the Office of Administration; not to exceed
$10,630,000 shall be available for the personnel compensation
and benefits of the Office of Departmental Operations and
Coordination; not to exceed $51,300,000 shall be available for
the personnel compensation and benefits of the Office of Field
Policy and Management; not to exceed $12,370,000 shall be
available for the personnel compensation and benefits of the
Office of the Chief Procurement Officer; not to exceed
$31,600,000 shall be available for the personnel compensation
and benefits of the remaining staff in the Office of the Chief
Financial Officer; not to exceed $80,670,000 shall be available
for the personnel compensation and benefits of the remaining
staff of the Office of the General Counsel; not to exceed
$2,810,000 shall be available for the personnel compensation
and benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,160,000 shall be available for
the personnel compensation and benefits for the Center for
Faith-Based and Community Initiatives; not to exceed
$234,020,000 shall be available for non-personnel expenses of
the Department of Housing and Urban Development: Provided,
That, funds provided under the heading may be used for
necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise
provided for, including purchase of uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C.
3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that support
the housing mission area: Provided further, That the Secretary
of Housing and Urban Development is authorized to transfer
funds appropriated for any office included in Administration,
Operations and Management to any other office included in
Administration, Operations and Management only after such
transfer has been submitted to, and received prior written
approval by, the House and Senate Committees on Appropriations:
Provided further, That no appropriation for any office shall be
increased or decreased by more than ten percent by all such
transfers.
PUBLIC AND INDIAN HOUSING PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of
the Office of Public and Indian Housing, $173,310,000.
COMMUNITY PLANNING AND DEVELOPMENT PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of
the Office of Community Planning and Development mission area,
$90,310,000.
HOUSING PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of
the Office of Housing, $334,450,000.
OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of
the Office of the Government National Mortgage Association,
$8,250,000.
POLICY DEVELOPMENT AND RESEARCH PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of
the Office of Policy Development and Research, $16,950,000.
FAIR HOUSING AND EQUAL OPPORTUNITY PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of
the Office of Fair Housing and Equal Opportunity, $63,140,000.
OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL
PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of
the Office of Healthy Homes and Lead Hazard Control,
$6,980,000.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (``the
Act'' herein), not otherwise provided for, $16,391,000,000, to
remain available until expended, of which $12,233,000,000 shall
be available on October 1, 2007, and $4,158,000,000 shall be
available on October 1, 2008: Provided, That the amounts made
available under this heading are provided as follows:
(1) $14,694,506,000 for renewals of expiring section
8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any
provision of law authorizing such assistance under
section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from
amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2008
funding cycle shall provide renewal funding for each
public housing agency based on voucher management
system (VMS) leasing and cost data for the most recent
Federal fiscal year and by applying the 2008 Annual
Adjustment Factor as established by the Secretary, and
by making any necessary adjustments for the costs
associated with deposits to family self-sufficiency
program escrow accounts or the first-time renewal of
tenant protection or HOPE VI vouchers or vouchers that
were not in use during the 12-month period in order to
be available to meet a commitment pursuant to section
8(o)(13) of the Act: Provided further, That
notwithstanding the first proviso, except for applying
the 2008 Annual Adjustment Factor and making any other
specified adjustments, public housing agencies
specified in category 1 below shall receive funding for
calendar year 2008 based on the higher of the amounts
the agencies would receive under the first proviso or
the amounts the agencies received in calendar year
2007, and public housing agencies specified in
categories 2 and 3 below shall receive funding for
calendar year 2008 equal to the amounts the agencies
received in calendar year 2007, except that public
housing agencies specified in categories 1 and 2 below
shall receive funding under this proviso only if, and
to the extent that, any such public housing agency
submits a plan, approved by the Secretary, that
demonstrates that the agency can effectively use within
12 months the funding that the agency would receive
under this proviso that is in addition to the funding
that the agency would receive under the first proviso:
(1) public housing agencies that are eligible for
assistance under section 901 in Public Law 109-148 (119
Stat. 2781) or are located in the same counties as
those eligible under section 901 and operate voucher
programs under section 8(o) of the United States
Housing Act of 1937 but do not operate public housing
under section 9 of such Act, and any public housing
agency that otherwise qualifies under this category
must demonstrate that they have experienced a loss of
rental housing stock as a result of the 2005
hurricanes; (2) public housing agencies that would
receive less funding under the first proviso than they
would receive under this proviso and that have been
placed in receivership within the 24 months preceding
the date of enactment of this Act; and (3) public
housing agencies that spent more in calendar year 2007
than the total of the amounts of any such public
housing agency's allocation amount for calendar year
2007 and the amount of any such public housing agency's
available housing assistance payments undesignated
funds balance from calendar year 2006 and the amount of
any such public housing agency's available
administrative fees undesignated funds balance through
calendar year 2007: Provided further, That
notwithstanding the first two provisos under this
paragraph, the amount of calendar year 2008 renewal
funding for any agency otherwise authorized under such
provisos shall be reduced by the amount of any unusable
amount (as determined by the Secretary, due to limits
in this paragraph with respect to an agency's
authorized level of units under contract) in such
agency's net restricted assets account, in accordance
with the most recent VMS data in calendar year 2007
that is verifiable and complete, which exceeds 7
percent of the amount of renewal funding allocated to
the agency for the calendar year 2007 funding cycle
pursuant to section 21033 of Public Law 110-5, as
amended by section 4802 of Public Law 110-28: Provided
further, That up to $50,000,000 shall be available
only: (1) to adjust the allocations for public housing
agencies, after application for an adjustment by a
public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal
costs from portability under section 8(r) of the Act of
tenant-based rental assistance; and (2) for adjustments
for public housing agencies with voucher leasing rates
at the end of the calendar year that exceed the average
leasing for the 12-month period used to establish the
allocation: Provided further, That none of the funds
provided under this paragraph may be used to support a
total number of unit months under lease which exceeds a
public housing agency's authorized level of units under
contract: Provided further, That the Secretary shall,
to the extent necessary to stay within the amount
specified under this paragraph, after subtracting
$723,257,000 from such amount, pro rate each public
housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That
except as provided in the last proviso, the entire
amount specified under this paragraph, except for
$723,257,000 shall be obligated to the public housing
agencies based on the allocation and pro rata method
described above and the Secretary shall notify public
housing agencies of their annual budget not later than
60 days after enactment of this Act: Provided further,
That the Secretary may extend the 60 day notification
period with the written approval of the House and
Senate Committees on Appropriations: Provided further,
That public housing agencies participating in the
Moving to Work demonstration shall be funded pursuant
to their Moving to Work agreements and shall be subject
to the same pro rata adjustments under the previous
proviso;
(2) $200,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects
to assistance under section 8, the family unification
program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI
vouchers, mandatory and voluntary conversions, and
tenant protection assistance including replacement and
relocation assistance: Provided, That the Secretary
shall provide replacement vouchers for all units that
were occupied within the previous 24 months that cease
to be available as assisted housing due to demolition,
disposition, or conversion, subject only to the
availability of funds;
(3) $49,000,000 for family self-sufficiency
coordinators under section 23 of the Act;
(4) up to $6,494,000 may be transferred to the
Working Capital Fund;
(5) $1,351,000,000 for administrative and other
expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program
and which up to $35,000,000 shall be available to the
Secretary to allocate to public housing agencies that
need additional funds to administer their section 8
programs, with up to $30,000,000 to be for fees
associated with section 8 tenant protection rental
assistance: Provided, That no less than $1,316,000,000
of the amount provided in this paragraph shall be
allocated for the calendar year 2008 funding cycle on a
basis to public housing agencies as provided in section
8(q) of the Act as in effect immediately before the
enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276);
(6) $20,000,000 for incremental voucher assistance
through the Family Unification Program;
(7) $75,000,000 for incremental rental voucher
assistance for use through a supported housing program
administered in conjunction with the Department of
Veterans Affairs as authorized under section 8(o)(19)
of the United States Housing Act of 1937: Provided,
That the Secretary of Housing and Urban Development
shall make such funding available, notwithstanding
section 204 (competition provision) of this title, to
public housing agencies that partner with eligible VA
Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based
on geographical need for such assistance as identified
by the Secretary of the Department of Veterans Affairs,
public housing agency administrative performance, and
other factors as specified by the Secretary of Housing
and Urban Development in consultation with the
Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of
the Department of Veterans Affairs), any provision of
any statute or regulation that the Secretary of Housing
and Urban Development administers in connection with
the use of funds made available under this paragraph
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective delivery and administration of such
voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over;
and
(8) $30,000,000 for incremental vouchers under
section 8 of the Act for nonelderly disabled families
affected by the designation of a public housing
development under section 7 of the Act, the
establishment of preferences in accordance with section
651 of the Housing and Community Development Act of
1992 (42 U.S.C. 13611), or the restriction of occupancy
to elderly families in accordance with section 658 of
such Act (42 U.S.C. 13618), and to the extent the
Secretary determines that such amount is not needed to
fund applications for such affected families, for other
nonelderly disabled families.
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading, the
heading ``Annual Contributions for Assisted Housing'', the
heading ``Tenant-Based Rental Assistance'', and the heading
``Project-Based Rental Assistance'', for fiscal year 2007 and
prior years, $1,250,000,000 are rescinded, to be effected by
the Secretary of Housing and Urban Development no later than
September 30, 2008: Provided, That if insufficient funds exist
under these headings, the remaining balance may be derived from
any other heading under this title: Provided further, That the
Secretary shall notify the Committees on Appropriations 30 days
in advance of the rescission of any funds derived from the
headings specified above: Provided further, That any such
balances governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission: Provided
further, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be
cancelled.
PROJECT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $6,381,810,000, to remain available until
expended: Provided, That the amounts made available under this
heading are provided as follows:
(1) Up to $6,139,122,000 for expiring or terminating
section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11401), for renewal of section 8
contracts for units in projects that are subject to
approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of
1990, and for administrative and other expenses
associated with project-based activities and assistance
funded under this paragraph.
(2) Not less than $238,728,000 but not to exceed
$286,230,000 for performance-based contract
administrators for section 8 project-based assistance:
Provided, That the Secretary of Housing and Urban
Development may also use such amounts for performance-
based contract administrators for: interest reduction
payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement
payments pursuant to section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C.
1715z-1(f)(2)); project rental assistance contracts for
the elderly under section 202(c)(2) of the Housing Act
of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law
86-372; 73 Stat. 667); and loans under section 202 of
the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667).
(3) Not to exceed $3,960,000 may be transferred to
the Working Capital Fund.
(4) Amounts recaptured under this heading, the
heading ``Annual Contributions for Assisted Housing'',
or the heading ``Housing Certificate Fund'' may be used
for renewals of or amendments to section 8 project-
based contracts or for performance-based contract
administrators, notwithstanding the purposes for which
such amounts were appropriated.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies,
as authorized under section 9 of the United States Housing Act
of 1937 (42 U.S.C. 1437g) (the ``Act'') $2,438,964,000, to
remain available until September 30, 2011: Provided, That
notwithstanding any other provision of law or regulation,
during fiscal year 2008 the Secretary of Housing and Urban
Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for
Public and Indian Housing any authority under paragraph (2) of
section 9(j) regarding the extension of the time periods under
such section: Provided further, That for purposes of such
section 9(j), the term ``obligate'' means, with respect to
amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future:
Provided further, That of the total amount provided under this
heading, up to $12,000,000 shall be for carrying out activities
under section 9(h) of such Act; not to exceed $16,847,000 may
be transferred to the Working Capital Fund; and up to
$15,345,000 shall be to support the ongoing Public Housing
Financial and Physical Assessment activities of the Real Estate
Assessment Center (REAC): Provided further, That no funds may
be used under this heading for the purposes specified in
section 9(k) of the Act: Provided further, That of the total
amount provided under this heading, not to exceed $18,500,000
shall be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs resulting from unforeseen
or unpreventable emergencies and natural disasters occurring in
fiscal year 2008: Provided further, That of the total amount
provided under this heading, $40,000,000 shall be for
supportive services, service coordinators and congregate
services as authorized by section 34 of the Act (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount provided under this heading
up to $8,820,000 is to support the costs of administrative and
judicial receiverships: Provided further, That from the funds
made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2008 to public housing agencies
that are designated high performers.
PUBLIC HOUSING OPERATING FUND
For 2008 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,200,000,000; of which $5,940,000 shall be
for competitive grants and contracts to third parties for the
provision of technical assistance to public housing agencies
related to the transition and implementation of asset-based
management in public housing: Provided, That, in fiscal year
2008 and all fiscal years hereafter, no amounts under this
heading in any appropriations Act may be used for payments to
public housing agencies for the costs of operation and
management of public housing for any year prior to the current
year of such Act: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k)
of the United States Housing Act of 1937.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937 (42 U.S.C. 1437v),
$100,000,000, to remain available until September 30, 2008, of
which the Secretary of Housing and Urban Development shall use
$2,400,000 for technical assistance and contract expertise, to
be provided directly or indirectly by grants, contracts or
cooperative agreements, including training and cost of
necessary travel for participants in such training, by or to
officials and employees of the department and of public housing
agencies and to residents: Provided, That none of such funds
shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments,
unless expressly permitted herein.
NATIVE AMERICAN HOUSING BLOCK GRANTS
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $630,000,000, to remain available until
expended: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race Census data and with the need component
based on multi-race Census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That of the
amounts made available under this heading, $2,000,000 shall be
contracted for assistance for a national organization
representing Native American Housing interests for providing
training and technical assistance to Indian Housing authorities
and tribally designated housing entities as authorized under
NAHASDA; and $4,250,000 shall be to support the inspection of
Indian housing units, contract expertise, training, and
technical assistance in the training, oversight, and management
of such Indian housing and tenant-based assistance, including
up to $300,000 for related travel: Provided further, That of
the amount provided under this heading, $1,980,000 shall be
made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such
notes and other obligations, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part
of which is to be guaranteed, not to exceed $17,000,000.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $9,000,000, to remain available until expended, of
which $300,000 shall be for training and technical assistance
activities.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $7,450,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part
of which is to be guaranteed, up to $367,000,000.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,044,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $41,504,255.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $300,100,000, to remain available
until September 30, 2009, except that amounts allocated
pursuant to section 854(c)(3) of such Act shall remain
available until September 30, 2010: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3) of
such Act that meet all program requirements before awarding
funds for new contracts and activities authorized under this
section: Provided further, That the Secretary may use not to
exceed $1,485,000 of the funds under this heading for training,
oversight, and technical assistance activities; and not to
exceed $1,485,000 may be transferred to the Working Capital
Fund.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
For the Office of Rural Housing and Economic Development in
the Department of Housing and Urban Development, $17,000,000,
to remain available until expended, which amount shall be
competitively awarded by September 1, 2008, to Indian tribes,
State housing finance agencies, State community and/or economic
development agencies, local rural nonprofits and community
development corporations to support innovative housing and
economic development activities in rural areas.
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For assistance to units of State and local government, and to
other entities, for economic and community development
activities, and for other purposes, $3,865,800,000, to remain
available until September 30, 2010, unless otherwise specified:
Provided, That of the amount provided, $3,593,430,000 is for
carrying out the community development block grant program
under title I of the Housing and Community Development Act of
1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.):
Provided further, That unless explicitly provided for under
this heading (except for planning grants provided in the second
paragraph and amounts made available under the third
paragraph), not to exceed 20 percent of any grant made with
funds appropriated under this heading shall be expended for
planning and management development and administration:
Provided further, That not to exceed $1,570,000 may be
transferred to the Working Capital Fund: Provided further, That
$3,000,000 is for technical assistance as authorized by section
107(b)(4) of such Act: Provided further, That $62,000,000 shall
be for grants to Indian tribes notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 305 of this Act), up to
$3,960,000 may be used for emergencies that constitute imminent
threats to health and safety.
Of the amount made available under this heading, $179,830,000
shall be available for grants for the Economic Development
Initiative (EDI) to finance a variety of targeted economic
investments in accordance with the terms and conditions
specified in the explanatory statement accompanying this Act:
Provided, That the amount made available for each grant shall
be at the level of 98 percent of the corresponding amount cited
in said explanatory statement: Provided further, That none of
the funds provided under this paragraph may be used for program
operations: Provided further, That, for fiscal years 2006,
2007, and 2008, no unobligated funds for EDI grants may be used
for any purpose except acquisition, planning, design, purchase
of equipment, revitalization, redevelopment or construction.
Of the amount made available under this heading, $25,970,000
shall be available for neighborhood initiatives that are
utilized to improve the conditions of distressed and blighted
areas and neighborhoods, to stimulate investment, economic
diversification, and community revitalization in areas with
population outmigration or a stagnating or declining economic
base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives:
Provided, That amounts made available under this paragraph
shall be provided in accordance with the terms and conditions
specified in the explanatory statement accompanying this Act:
Provided further, That the amount made available for each
initiative shall be at the level of 98 percent of the
corresponding amount cited in said explanatory statement.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 846 by striking ``Mahonoy City, Pennsylvania for
improvements to West Market Street'' and inserting ``Mahanoy
City, Pennsylvania for improvements to Centre Street''.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 250 by striking ``for renovation and construction of a
resource center'' and inserting ``for construction of a
homeless shelter''.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 713 by striking ``for construction of a senior center''
and inserting ``renovation and expansion of facilities''.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 844 by striking ``Liverpool Township'' and inserting
``Liverpool Borough''.
The referenced statement of managers under this heading in
title II of division I of Public Law 108-447 is deemed to be
amended with respect to item number 36 by striking ``respite
care facility'' and inserting ``rehabilitative care facility
for the developmentally disabled''.
The referenced statement of managers under this heading in
title II of division I of Public Law 108-7 is deemed to be
amended with respect to item number 608 by striking
``construct'' and inserting ``purchase and make improvements to
facilities for''.
The referenced statement of managers under this heading in
title II of division I of Public Law 108-447 is deemed to be
amended with respect to item number 521 by striking
``Missouri'' and inserting ``Metropolitan Statistical Area''.
The referenced statement of managers under the heading
``Community Development Fund'' in title II of Public Law 108-
447 is deemed to be amended with respect to item number 203 by
striking ``equipment'' and inserting ``renovation and
construction''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 696 by striking ``a Small Business Development Center''
and inserting ``for revitalization costs at the College of
Agriculture Biotechnology and Natural Resources''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 460 by striking ``Maine-Mawoshen One Country, Two Worlds
Project'' and inserting ``Sharing Maine's Maritime Heritage
Project--Construction and access to exhibits''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 914 by striking ``the Pastime Theatre in Bristol, Rhode
Island for building improvements'' and inserting ``the
Institute for the Study and Practice of Nonviolence in
Providence, Rhode Island for building renovations''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 918 by striking ``South Kingstown'' and inserting
``Washington County''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 624 by striking ``for the construction of a new
technology building'' and inserting ``for renovations to the
Wheeler Community Center''.
The referenced statement of the managers under this heading
in Public Law 109-115 is deemed to be amended with respect to
item number 1065 by inserting ``South'' prior to
``Burlington''.
The referenced statement of managers under the heading
``Community Development Fund'' in title III of division A of
Public Law 109-115 is deemed to be amended with respect to item
number 102 by striking ``for preservation of the CA Mining and
Mineral Museum'' and inserting ``for planning, design, and
construction of the CA Mining and Mineral Museum'' in its
place.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, to remain
available until September 30, 2009, as authorized by section
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5308): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $205,000,000,
notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and
Community Development Act of 1974, as amended.
BROWNFIELDS REDEVELOPMENT
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of
1974, as amended, for Brownfields redevelopment projects,
$10,000,000, to remain available until September 30, 2009:
Provided, That no funds made available under this heading may
be used to establish loan loss reserves for the section 108
Community Development Loan Guarantee program.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,704,000,000, to remain available
until September 30, 2010, of which not to exceed $3,465,000 may
be transferred to the Working Capital Fund: Provided, That up
to $12,500,000 shall be available for technical assistance:
Provided further, That of the total amount provided in this
paragraph, up to $50,000,000 shall be available for housing
counseling under section 106 of the Housing and Urban
Development Act of 1968: Provided further, That, from amounts
appropriated or otherwise made available under this heading,
$10,000,000 may be made available to promote broader
participation in homeownership through the American Dream
Downpayment Initiative, as such initiative is set forth under
section 271 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12821).
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$60,000,000, to remain available until September 30, 2010:
Provided, That of the total amount provided under this heading,
$26,500,000 shall be made available to the Self-Help and
Assisted Homeownership Opportunity Program as authorized under
section 11 of the Housing Opportunity Program Extension Act of
1996, as amended: Provided further, That $33,500,000 shall be
made available for the first four capacity building activities
authorized under section 4(a) of the HUD Demonstration Act of
1993 (42 U.S.C. 9816 note), of which up to $5,000,000 may be
made available for rural capacity building activities.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy program
as authorized under the United States Housing Act of 1937, as
amended, to assist homeless individuals pursuant to section 441
of the McKinney-Vento Homeless Assistance Act; and the shelter
plus care program as authorized under subtitle F of title IV of
such Act, $1,585,990,000, of which $1,580,990,000 shall remain
available until September 30, 2010, and of which $5,000,000
shall remain available until expended for rehabilitation
projects with ten-year grant terms: Provided, That of the
amounts provided, $25,000,000 shall be set aside to conduct a
demonstration program for the rapid re-housing of homeless
families: Provided further, That of amounts made available in
the preceding proviso, not to exceed $1,250,000 may be used to
conduct an evaluation of this demonstration program: Provided
further, That funding made available for this demonstration
program shall be used by the Secretary, expressly for the
purposes of providing housing and services to homeless families
in order to evaluate the effectiveness of the rapid re-housing
approach in addressing the needs of homeless families: Provided
further, That not less than 30 percent of funds made available,
excluding amounts provided for renewals under the shelter plus
care program, shall be used for permanent housing for
individuals and families: Provided further, That all funds
awarded for services shall be matched by 25 percent in funding
by each grantee: Provided further, That the Secretary shall
renew on an annual basis expiring contracts or amendments to
contracts funded under the shelter plus care program if the
program is determined to be needed under the applicable
continuum of care and meets appropriate program requirements
and financial standards, as determined by the Secretary:
Provided further, That all awards of assistance under this
heading shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and
employment programs for which homeless populations may be
eligible, including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food Stamps,
and services funding through the Mental Health and Substance
Abuse Block Grant, Workforce Investment Act, and the Welfare-
to-Work grant program: Provided further, That up to $8,000,000
of the funds appropriated under this heading shall be available
for the national homeless data analysis project and technical
assistance: Provided further, That not to exceed $2,475,000 of
the funds appropriated under this heading may be transferred to
the Working Capital Fund: Provided further, That all balances
for Shelter Plus Care renewals previously funded from the
Shelter Plus Care Renewal account and transferred to this
account shall be available, if recaptured, for Shelter Plus
Care renewals in fiscal year 2008.
Housing Programs
HOUSING FOR THE ELDERLY
(INCLUDING TRANSFER OF FUNDS)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959, as amended, and for
project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive services
associated with the housing, $735,000,000, to remain available
until September 30, 2011, of which up to $628,850,000 shall be
for capital advance and project-based rental assistance awards:
Provided, That, of the amount provided under this heading, up
to $60,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects, and of which up to
$24,750,000 shall be for grants under section 202b of the
Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or
related use and for emergency capital repairs as determined by
the Secretary: Provided further, That of the amount made
available under this heading, $20,000,000 shall be available to
the Secretary of Housing and Urban Development only for making
competitive grants to private nonprofit organizations and
consumer cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating to
the development of supportive housing for the elderly that is
eligible for assistance under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q): Provided further, That amounts under
this heading shall be available for Real Estate Assessment
Center inspections and inspection-related activities associated
with section 202 capital advance projects: Provided further,
That not to exceed $1,400,000 of the total amount made
available under this heading may be transferred to the Working
Capital Fund: Provided further, That the Secretary may waive
the provisions of section 202 governing the terms and
conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5
years in duration.
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING TRANSFER OF FUNDS)
For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), for project rental assistance for supportive housing for
persons with disabilities under section 811(d)(2) of such Act,
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, and for tenant-based rental assistance
contracts entered into pursuant to section 811 of such Act,
$237,000,000, to remain available until September 30, 2011:
Provided, That not to exceed $600,000 may be transferred to the
Working Capital Fund: Provided further, That, of the amount
provided under this heading $74,745,000 shall be for amendments
or renewal of tenant-based assistance contracts entered into
prior to fiscal year 2005 (only one amendment authorized for
any such contract): Provided further, That all tenant-based
assistance made available under this heading shall continue to
remain available only to persons with disabilities: Provided
further, That the Secretary may waive the provisions of section
811 governing the terms and conditions of project rental
assistance and tenant-based assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration: Provided further, That amounts made available under
this heading shall be available for Real Estate Assessment
Center Inspections and inspection-related activities associated
with section 811 Capital Advance Projects.
OTHER ASSISTED HOUSING PROGRAMS
RENTAL HOUSING ASSISTANCE
For amendments to contracts under section 101 of the Housing
and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in
State-aided, non-insured rental housing projects, $27,600,000,
to remain available until expended.
RENT SUPPLEMENT
(RESCISSION)
Of the amounts made available under the heading ``Rent
Supplement'' in Public Law 98-63 for amendments to contracts
under section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
rental housing projects, $37,600,000 are rescinded.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2007, and
any collections made during fiscal year 2008 and all subsequent
fiscal years, shall be transferred to the Flexible Subsidy
Fund, as authorized by section 236(g) of the National Housing
Act.
MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $16,000,000, to remain
available until expended, to be derived from the Manufactured
Housing Fees Trust Fund: Provided, That not to exceed the total
amount appropriated under this heading shall be available from
the general fund of the Treasury to the extent necessary to
incur obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such
collections are received during fiscal year 2008 so as to
result in a final fiscal year 2008 appropriation from the
general fund estimated at not more than $0 and fees pursuant to
such section 620 shall be modified as necessary to ensure such
a final fiscal year 2008 appropriation: Provided further, That
for the dispute resolution and installation programs, the
Secretary of Housing and Urban Development may assess and
collect fees from any program participant: Provided further,
That such collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as
well as fees collected under section 620, for necessary
expenses of such Act: Provided further, That notwithstanding
the requirements of section 620 of such Act, the Secretary may
carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid
directly by the recipients of their services.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
During fiscal year 2008, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2008, obligations to make direct loans to
carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $50,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales of
single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative contract expenses, $77,400,000, of which
not to exceed $25,550,000 may be transferred to the Working
Capital Fund, and of which up to $5,000,000 shall be for
education and outreach of FHA single family loan products:
Provided, That to the extent guaranteed loan commitments exceed
$65,500,000,000 on or before April 1, 2008, an additional
$1,400 for administrative contract expenses shall be available
for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000),
but in no case shall funds made available by this proviso
exceed $30,000,000.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
1735c), including the cost of loan guarantee modifications, as
that term is defined in section 502 of the Congressional Budget
Act of 1974, as amended, $8,600,000, to remain available until
expended: Provided, That commitments to guarantee loans shall
not exceed $45,000,000,000 in total loan principal, any part of
which is to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act; and
of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the sale
of single-family real properties owned by the Secretary and
formerly insured under such Act.
For administrative contract expenses necessary to carry out
the guaranteed and direct loan programs, $78,111,000, of which
not to exceed $15,692,000 may be transferred to the Working
Capital Fund: Provided, That to the extent guaranteed loan
commitments exceed $8,426,000,000 on or before April 1, 2008,
an additional $1,980 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed loan
commitments over $8,426,000,000 (including a pro rata amount
for any increment below $1,000,000), but in no case shall funds
made available by this proviso exceed $14,400,000.
For discount sales of multifamily real property under
sections 207(1) or 246 of the National Housing Act (12 U.S.C.
1713(l), 1715z-11), section 203 of the Housing and Community
Development Amendments of 1978 (12 U.S.C. 1701z-11), or section
204 of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
1997 (12 U.S.C. 1715z-11a), and for discount loan sales under
section 207(k) of the National Housing Act (12 U.S.C. 1713(k)),
section 203(k) of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1701z-11(k)), or section 204(a)
of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Act, 1997 (12 U.S.C.
1715z-11a(a)), $5,000,000, to remain available until September
30, 2009.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed $200,000,000,000, to remain
available until September 30, 2009.
Policy Development and Research
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems,
not otherwise provided for, as authorized by title V of the
Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 et
seq.), including carrying out the functions of the Secretary of
Housing and Urban Development under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $51,440,000, to remain
available until September 30, 2009: Provided, That of the total
amount provided under this heading, up to $5,000,000 shall be
for the Partnership for Advancing Technology in Housing
Initiative: Provided further, That of the funds made available
under this heading, $23,000,000 is for grants pursuant to
section 107 of the Housing and Community Development Act of
1974 (42 U.S.C. 5307): Provided further, That activities for
the Partnership for Advancing Technology in Housing Initiative
shall be administered by the Office of Policy Development and
Research.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community Development
Act of 1987, as amended, $50,000,000, to remain available until
September 30, 2009, of which $24,000,000 shall be to carry out
activities pursuant to such section 561: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training:
Provided further, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant or loan: Provided further, That of the
funds made available under this heading, $380,000 shall be
available to the Secretary of Housing and Urban Development for
the creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $145,000,000, to remain available until
September 30, 2009, of which $8,800,000 shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970 that shall
include research, studies, testing, and demonstration efforts,
including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of law that further the
purposes of such Act, a grant under the Healthy Homes
Initiative, Operation Lead Elimination Action Plan (LEAP), or
the Lead Technical Studies program under this heading or under
prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for
purposes of section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That of the
total amount made available under this heading, $48,000,000
shall be made available on a competitive basis for areas with
the highest lead paint abatement needs: Provided further, That
each recipient of funds provided under the second proviso shall
make a matching contribution in an amount not less than 25
percent: Provided further, That the Secretary may waive the
matching requirement cited in the preceding proviso on a case
by case basis if the Secretary determines that such a waiver is
necessary to advance the purposes of this program: Provided
further, That each applicant shall submit a detailed plan and
strategy that demonstrates adequate capacity that is acceptable
to the Secretary to carry out the proposed use of funds
pursuant to a notice of funding availability: Provided further,
That of the total amount made available under this heading,
$2,000,000 shall be available for the Big Buy Program to be
managed by the Office of Healthy Homes and Lead Hazard Control.
Management and Administration
WORKING CAPITAL FUND
For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and
for program-related development activities, $155,000,000, to
remain available until September 30, 2009: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts or from within this Act
may be used only for the purposes specified under this Fund, in
addition to the purposes for which such amounts were
appropriated.
OFFICE OF INSPECTOR GENERAL
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act of
1978, as amended, $112,000,000: Provided, That the Inspector
General shall have independent authority over all personnel
issues within this office.
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses,
$66,000,000, to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund: Provided,
That the Director shall submit a spending plan for the amounts
provided under this heading no later than January 15, 2008:
Provided further, That not less than 80 percent of the total
amount made available under this heading shall be used only for
examination, supervision, and capital oversight of the
enterprises (as such term is defined in section 1303 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are
operating in a financially safe and sound manner and complying
with the capital requirements under Subtitle B of such Act:
Provided further, That not to exceed the amount provided herein
shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund: Provided
further, That the general fund amount shall be reduced as
collections are received during the fiscal year so as to result
in a final appropriation from the general fund estimated at not
more than $0.
General Provisions--Department of Housing and Urban Development
(INCLUDING RESCISSION OF FUNDS)
Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or
local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence, the
Secretary may award up to 15 percent of the budget authority or
cash recaptured and not rescinded or remitted to the Treasury
to provide project owners with incentives to refinance their
project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2008 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a non-frivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent
jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2008 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a grant,
in the amount determined under subsection (b), for any State
that--
(1) received an allocation in a prior fiscal year
under clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for
fiscal year 2008 under such clause (ii) because the
areas in the State outside of the metropolitan
statistical areas that qualify under clause (i) in
fiscal year 2008 do not have the number of cases of
acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State that
are outside of metropolitan statistical areas that qualify
under clause (i) of such section 854(c)(1)(A) in fiscal year
2008, in proportion to AIDS cases among cities and States that
qualify under clauses (i) and (ii) of such section and States
deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
New York, New York, on behalf of the New York-Wayne-White
Plains, New York-New Jersey Metropolitan Division (hereafter
``metropolitan division'') of the New York-Newark-Edison, NY-
NJ-PA Metropolitan Statistical Area, shall be adjusted by the
Secretary of Housing and Urban Development by: (1) allocating
to the City of Jersey City, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Hudson County,
New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in
New Jersey also has a higher than average per capita incidence
of AIDS; and (2) allocating to the City of Paterson, New
Jersey, the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported in
the portion of the metropolitan area or division that is
located in Bergen County and Passaic County, New Jersey, and
adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a
higher than average per capita incidence of AIDS. The recipient
cities shall use amounts allocated under this subsection to
carry out eligible activities under section 855 of the AIDS
Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a
higher than average per capita incidence of AIDS, shall be
adjusted by the Secretary on the basis of area incidence
reported over a three year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of the
Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act,
as amended (12 U.S.C. 1811-1831).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any appropriation
for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of
amounts set forth in the budget estimates submitted to
Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2008 for
such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies
may be used for new loan or mortgage purchase commitments only
to the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided for
in this or prior appropriations Acts), except that this proviso
shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage
purchases are necessary to protect the financial interest of
the United States Government.
Sec. 208. None of the funds provided in this title for
technical assistance, training, or management improvements may
be obligated or expended unless the Secretary of Housing and
Urban Development provides to the Committees on Appropriations
a description of each proposed activity and a detailed budget
estimate of the costs associated with each program, project or
activity as part of the Budget Justifications. For fiscal year
2008, the Secretary shall transmit this information to the
Committees by March 15, 2008 for 30 days of review.
Sec. 209. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 210. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2008 under section 854(c) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
``metropolitan division''), shall be adjusted by the Secretary
of Housing and Urban Development by allocating to the State of
New Jersey the proportion of the metropolitan division's amount
that is based on the number of cases of AIDS reported in the
portion of the metropolitan division that is located in New
Jersey, and adjusting for the proportion of the metropolitan
division's high incidence bonus if this area in New Jersey also
has a higher than average per capita incidence of AIDS. The
State of New Jersey shall use amounts allocated to the State
under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C.
12904) in the portion of the metropolitan division that is
located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall allocate to Wake County,
North Carolina, the amounts that otherwise would be allocated
for fiscal year 2008 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh,
North Carolina, on behalf of the Raleigh-Cary, North Carolina
Metropolitan Statistical Area. Any amounts allocated to Wake
County shall be used to carry out eligible activities under
section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing
and Urban Development may adjust the allocation of the amounts
that otherwise would be allocated for fiscal year 2008 under
section 854(c) of such Act, upon the written request of an
applicant, in conjunction with the State(s), for a formula
allocation on behalf of a metropolitan statistical area, to
designate the State or States in which the metropolitan
statistical area is located as the eligible grantee(s) of the
allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each
State shall be in proportion to the number of cases of AIDS
reported in the portion of the metropolitan statistical area
located in that State. Any amounts allocated to a State under
this section shall be used to carry out eligible activities
within the portion of the metropolitan statistical area located
in that State.
Sec. 211. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2008 and
annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted units
under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 212. The President's formal budget request for fiscal
year 2009, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical account
and sub-account structure provided under this Act.
Sec. 213. Amounts made available in this Act or previous
appropriations Acts for tenant-based rental assistance and used
for non-elderly disabled families or for the Family Unification
Program shall, to the extent practicable, remain available for
each such respective purpose upon turn-over.
Sec. 214. A public housing agency or such other entity that
administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the States
of Alaska, Iowa, and Mississippi shall not be required to
include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other
entity that administers Federal housing assistance under
section 8 for the Housing Authority of the county of Los
Angeles, California and the States of Alaska, Iowa and
Mississippi shall establish an advisory board of not less than
6 residents of public housing or recipients of section 8
assistance to provide advice and comment to the public housing
agency or other administering entity on issues related to
public housing and section 8. Such advisory board shall meet
not less than quarterly.
Sec. 215. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for fiscal
years 2008 and 2009, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-
based assistance, debt and statutorily required low-income and
very low-income use restrictions, associated with one or more
multifamily housing project to another multifamily housing
project or projects.
(b) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) the number of low-income and very low-income
units and the net dollar amount of Federal assistance
provided by the transferring project shall remain the
same in the receiving project or projects;
(2) the transferring project shall, as determined by
the Secretary, be either physically obsolete or
economically non-viable;
(3) the receiving project or projects shall meet or
exceed applicable physical standards established by the
Secretary;
(4) the owner or mortgagor of the transferring
project shall notify and consult with the tenants
residing in the transferring project and provide a
certification of approval by all appropriate local
governmental officials;
(5) the tenants of the transferring project who
remain eligible for assistance to be provided by the
receiving project or projects shall not be required to
vacate their units in the transferring project or
projects until new units in the receiving project are
available for occupancy;
(6) the Secretary determines that this transfer is in
the best interest of the tenants;
(7) if either the transferring project or the
receiving project or projects meets the condition
specified in subsection (c)(2)(A), any lien on the
receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on,
such project by the Secretary;
(8) if the transferring project meets the
requirements of subsection (c)(2)(E), the owner or
mortgagor of the receiving project or projects shall
execute and record either a continuation of the
existing use agreement or a new use agreement for the
project where, in either case, any use restrictions in
such agreement are of no lesser duration than the
existing use restrictions;
(9) any financial risk to the FHA General and Special
Risk Insurance Fund, as determined by the Secretary,
would be reduced as a result of a transfer completed
under this section; and
(10) the Secretary determines that Federal liability
with regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income''
shall have the meanings provided by the statute and/or
regulations governing the program under which the
project is insured or assisted;
(2) the term ``multifamily housing project'' means
housing that meets one of the following conditions--
(A) housing that is subject to a mortgage
insured under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects
undergoing mark to market debt restructuring
under the Multifamily Assisted Housing Reform
and Affordability Housing Act;
(C) housing that is assisted under section
202 of the Housing Act of 1959 as amended by
section 801 of the Cranston-Gonzales National
Affordable Housing Act;
(D) housing that is assisted under section
202 of the Housing Act of 1959, as such section
existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act; or
(E) housing or vacant land that is subject to
a use agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of
the United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to
assistance provided under section 8(b)(2) of
such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section
101 of the Housing and Urban Development Act of
1965;
(D) interest reduction payments under section
236 and/or additional assistance payments under
section 236(f)(2) of the National Housing Act;
and
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959;
(4) the term ``receiving project or projects'' means
the multifamily housing project or projects to which
some or all of the project-based assistance, debt, and
statutorily required use low-income and very low-income
restrictions are to be transferred;
(5) the term ``transferring project'' means the
multifamily housing project which is transferring some
or all of the project-based assistance, debt and the
statutorily required low-income and very low-income use
restrictions to the receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of
Housing and Urban Development.
Sec. 216. The funds made available for Native Alaskans under
the heading ``Native American Housing Block Grants'' in title
III of this Act shall be allocated to the same Native Alaskan
housing block grant recipients that received funds in fiscal
year 2005.
Sec. 217. No funds provided under this title may be used for
an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.)
Sec. 218. (a) No assistance shall be provided under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) to
any individual who--
(1) is enrolled as a student at an institution of
higher education (as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term
is defined in section 3(b)(3)(E) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was
not receiving assistance under such section 8 as of
November 30, 2005; and
(7) is not otherwise individually eligible, or has
parents who, individually or jointly, are not eligible,
to receive assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance
(in excess of amounts received for tuition) that an individual
receives under the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
(c) Not later than 30 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall
issue final regulations to carry out the provisions of this
section.
Sec. 219. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2008, insure and enter
into commitments to insure mortgages under section 255 of the
National Housing Act (12 U.S.C. 1715z-20).
Sec. 220. Notwithstanding any other provision of law, in
fiscal year 2008, in managing and disposing of any multifamily
property that is owned or has a mortgage held by the Secretary
of Housing and Urban Development, the Secretary shall maintain
any rental assistance payments under section 8 of the United
States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the
Secretary determines, in consultation with the tenants and the
local government, that such a multifamily property owned or
held by the Secretary is not feasible for continued rental
assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and
operating the property and all available Federal, State, and
local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also take
appropriate steps to ensure that project-based contracts remain
in effect prior to foreclosure, subject to the exercise of
contractual abatement remedies to assist relocation of tenants
for imminent major threats to health and safety. After
disposition of any multifamily property described under this
section, the contract and allowable rent levels on such
properties shall be subject to the requirements under section
524 of MAHRAA.
Sec. 221. The National Housing Act is amended--
(1) in sections 207(c)(3), 213(b)(2)(B)(i),
221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and
234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II),
1715v(c)(2)(B), and 1715y(e)(3)(B))--
(A) by striking ``140 percent'' each place
such term appears and inserting ``170
percent''; and
(B) by striking ``170 percent in high cost
areas'' each place such term appears and
inserting ``215 percent in high cost areas'';
and
(2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C.
1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all
that follows through ``project-by-project basis'' and
inserting the following: ``206A of this Act) by not to
exceed 170 percent in any geographical area where the
Secretary finds that cost levels so require and by not
to exceed 170 percent, or 215 percent in high cost
areas, where the Secretary determines it necessary on a
project-by-project basis''.
Sec. 222. (a) During fiscal year 2008, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living facilities
that is carried out in the counties of the State of Michigan
notwithstanding paragraphs (3) and (18)(B)(iii) of such section
8(o), a family residing in an assisted living facility in any
such county, on behalf of which a public housing agency
provides assistance pursuant to section 8(o)(18) of such Act,
may be required, at the time the family initially receives such
assistance, to pay rent in an amount exceeding 40 percent of
the monthly adjusted income of the family by such a percentage
or amount as the Secretary of Housing and Urban Development
determines to be appropriate.
Sec. 223. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q-2) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of
such Act, may, at its option, establish a single-asset
nonprofit entity to own the project and may lend the grant
funds to such entity, which may be a private nonprofit
organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 224. Section 24 of the United States Housing Act of 1937
(42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``2003'' and
inserting ``2008''; and
(2) in subsection (o), by striking ``September 30,
2007'' and inserting ``September 30, 2008''.
Sec. 225. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of
a reduction of subsidy under the operating fund formula shall
not be exempt from asset management requirements.
Sec. 226. With respect to the use of amounts provided in this
Act and in future Acts for the operation, capital improvement
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d) and (e)), the Secretary shall not impose any
requirement or guideline relating to asset management that
restricts or limits in any way the use of capital funds for
central office costs pursuant to section 9(g)(1) or 9(g)(2) of
the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1),(2)): Provided, however, that a public housing
agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under sections 9(g)(1) or 9(g)(2).
Sec. 227. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on the status of all
section 8 project-based housing, including the number of all
project-based units by region as well as an analysis of all
federally subsidized housing being refinanced under the Mark-
to-Market program. The Secretary shall in the report identify
all existing units maintained by region as section 8 project-
based units and all project-based units that have opted out of
section 8 or have otherwise been eliminated as section 8
project-based units. The Secretary shall identify in detail and
by project all the efforts made by the Department to preserve
all section 8 project-based housing units and all the reasons
for any units which opted out or otherwise were lost as section
8 project-based units. Such analysis shall include a review of
the impact of the loss of any subsidized units in that housing
marketplace, such as the impact of cost and the loss of
available subsidized, low-income housing in areas with scarce
housing resources for low-income families.
Sec. 228. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on HUD's use of all sole
source contracts, including terms of the contracts, cost and a
substantive rationale for using a sole source contract.
Sec. 229. Section 9(e)(2)(C) of the United States Housing Act
of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the
end of the following:
``(iv) Existing contracts.--The term
of a contract described in clause (i)
that, as of the date of enactment of
this clause, is in repayment and has a
term of not more than 12 years, may be
extended to a term of not more than 20
years to permit additional energy
conservation improvements without
requiring the reprocurement of energy
performance contractors.''.
Sec. 230. The Secretary of Housing and Urban Development
shall increase, pursuant to this section, the number of Moving-
to-Work agencies authorized under section 204, title II, of the
Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321-281) by making individually
the Alaska Housing Finance Corporation and the housing
authorities of the counties of San Bernardino and Santa Clara
and the city of San Jose, California a Moving-to-Work Agency
under such section 204.
Sec. 231. Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development may not rescind or
take any adverse action with respect to the Moving-to-Work
program designation for the Housing Authority of Baltimore City
based on any alleged administrative or procedural errors in
making such designation.
Sec. 232. Paragraph (4) of section 102(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302) is amended
by adding at the end the following new sentence:
``Notwithstanding any other provision of this paragraph, with
respect to any fiscal year beginning after September 30, 2007,
the cities of Alton and Granite City, Illinois, shall be
considered metropolitan cities for purposes of this title.''.
Sec. 233. (a) The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make commitments
to guarantee, notes or other obligations issued by any State on
behalf of non-entitlement communities in the State in
accordance with the requirements of section 108 of the Housing
and Community Development Act of 1974: Provided, That, any
State receiving such a guarantee or commitment shall distribute
all funds subject to such guarantee to the units of general
local government in non-entitlement areas that received the
commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall
promulgate regulations governing the administration of the
funds described under subsection (a).
Sec. 234. Not later than 30 days after the date of enactment
of this Act, the Secretary of Housing and Urban Development
shall establish and maintain on the homepage of the Internet
website of the Department of Housing and Urban Development--
(1) a direct link to the Internet website of the
Office of Inspector General of the Department of
Housing and Urban Development; and
(2) a mechanism by which individuals may anonymously
report cases of waste, fraud, or abuse with respect to
the Department of Housing and Urban Development.
Sec. 235. (a) Required Submissions for Fiscal Years 2007 and
2008.--
(1) In general.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Housing
and Urban Development shall submit to the relevant
authorizing committees and to the Committees on
Appropriations of the Senate and the House of
Representatives for fiscal year 2007 and 2008--
(A) a complete and accurate accounting of the
actual project-based renewal costs for project-
based assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f);
(B) revised estimates of the funding needed
to fully fund all 12 months of all project-
based contracts under such section 8, including
project-based contracts that expire in fiscal
year 2007 and fiscal year 2008; and
(C) all sources of funding that will be used
to fully fund all 12 months of the project-
based contracts for fiscal years 2007 and 2008.
(2) Updated information.--At any time after the
expiration of the 60-day period described in paragraph
(1), the Secretary may submit corrections or updates to
the information required under paragraph (1), if upon
completion of an audit of the project-based assistance
program under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), such audit reveals
additional information that may provide Congress a more
complete understanding of the Secretary's
implementation of the project-based assistance program
under such section 8.
(b) Required Submissions for Fiscal Year 2009.--As part of
the Department of Housing and Urban Development's budget
request for fiscal year 2009, the Secretary of Housing and
Urban Development shall submit to the relevant authorizing
committees and to the Committees on Appropriations of the
Senate and the House of Representatives complete and detailed
information, including a project-by-project analysis, that
verifies that such budget request will fully fund all project-
based contracts under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f) in fiscal year 2009, including
expiring project-based contracts.
Sec. 236. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that, not later than
ninety days after the date of enactment of this Act, a trained
allotment holder shall be designated for each HUD sub-account
under the headings ``Executive Direction'' and
``Administration, Operations, and Management'' as well as each
account receiving appropriations for ``personnel compensation
and benefits'' within the Department of Housing and Urban
Development.
Sec. 237. Payment of attorney fees in program-related
litigation must be paid from individual program office
personnel benefits and compensation funding. The annual budget
submission for program office personnel benefit and
compensation funding must include program-related litigation
costs for attorney fees as a separate line item request.
Sec. 238. Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban Development
under the heading ``Tenant-Based Rental Assistance'' under
section 21033 of Public Law 110-5, $723,257,000 are rescinded
from the $4,193,000,000 which became available pursuant to such
section on October 1, 2007.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2008''.
TITLE III
RELATED AGENCIES
Architectural and Transportation Barriers Compliance Board
SALARIES AND EXPENSES
For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$6,150,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds
received for publications and training expenses.
Federal Maritime Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by
31 U.S.C. 1343(b); and uniforms or allowances therefore, as
authorized by 5 U.S.C. 5901-5902, $22,072,000: Provided, That
not to exceed $2,000 shall be available for official reception
and representation expenses.
National Transportation Safety Board
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for a GS-15; uniforms, or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902) $84,499,000, of which
$74,063 is available for payments to remedy the violation of
the Anti-deficiency Act reported by the National Transportation
Safety Board on September 26, 2007, and not to exceed $2,000
may be used for official reception and representation expenses.
The amounts made available to the National Transportation
Safety Board in this Act include amounts necessary to make
lease payments due in fiscal year 2008 only, on an obligation
incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation for
use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-
8107), $119,800,000, of which $5,000,000 shall be for a multi-
family rental housing program.
For an additional amount, $180,000,000 shall be made
available until expended to the Neighborhood Reinvestment
Corporation for mortgage foreclosure mitigation activities,
under the following terms and conditions:
(1) The Neighborhood Reinvestment Corporation
(``NRC''), shall make grants to counseling
intermediaries approved by the Department of Housing
and Urban Development (HUD) or the NRC (with match to
be determined by the NRC based on affordability and the
economic conditions of an area; a match also may be
waived by the NRC based on the aforementioned
conditions) to provide mortgage foreclosure mitigation
assistance primarily to states and areas with high
rates of defaults and foreclosures primarily in the sub
prime housing market to help eliminate the default and
foreclosure of mortgages of owner-occupied single-
family homes that are at risk of such foreclosure.
Other than areas with high rates of defaults and
foreclosures, grants may also be provided to approved
counseling intermediaries based on a geographic
analysis of the Nation by the NRC which determines
where there is a prevalence of sub prime mortgages that
are risky and likely to fail, including any trends for
mortgages that are likely to default and face
foreclosure. A State Housing Finance Agency may also be
eligible where the State Housing Finance Agency meets
all the requirements under this paragraph. A HUD- or
NRC-approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be
approved by HUD or the NRC as meeting these
requirements;
(2) Mortgage foreclosure mitigation assistance shall
only be made available to homeowners of owner-occupied
homes with mortgages in default or in danger of
default. These mortgages shall likely be subject to a
foreclosure action and homeowners will be provided such
assistance that shall consist of activities that are
likely to prevent foreclosures and result in the long-
term affordability of the mortgage retained pursuant to
such activity or another positive outcome for the
homeowner. No funds made available under this paragraph
may be provided directly to lenders or homeowners to
discharge outstanding mortgage balances or for any
other direct debt reduction payments;
(3) The use of Mortgage Foreclosure Mitigation
Assistance by approved counseling intermediaries and
State Housing Finance Agencies shall involve a
reasonable analysis of the borrower's financial
situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling
regarding the assumption of the mortgage by another
non-federal party, counseling regarding the possible
purchase of the mortgage by a non-federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out
strategy by all interested parties;
(4) NRC shall award $50,000,000 in mortgage
foreclosure mitigation grants for States and areas with
the greatest needs within 60 days of enactment.
Additional funds may be awarded once the NRC certifies
that HUD- or NRC-approved counseling intermediaries and
State Housing Finance Agencies have the need for
additional funds in states and areas with high rates of
mortgage foreclosures, defaults, or related activities
and the expertise to use these funds effectively. The
NRC may provide up to fifteen percent of the total
funds under this paragraph to its own charter members
with expertise in foreclosure prevention counseling,
subject to a certification by the NRC that the
procedures for selection do not consist of any
procedures or activities that could be construed as an
unacceptable conflict of interest or have the
appearance of impropriety;
(5) NRC- or HUD-approved counseling entities and
State Housing Finance Agencies receiving funds under
this paragraph shall have demonstrated experience in
successfully working with financial institutions as
well as borrowers facing default, delinquency and
foreclosure as well as documented counseling capacity,
outreach capacity, past successful performance and
positive outcomes with documented counseling plans
(including post mortgage foreclosure mitigation
counseling), loan workout agreements and loan
modification agreements;
(6) Of the total amount made available under this
paragraph, up to $5,000,000 may be made available to
build the mortgage foreclosure and default mitigation
counseling capacity of counseling intermediaries
through NRC training courses with HUD- or NRC-approved
counseling intermediaries and their partners, except
that private financial institutions that participate in
NRC training shall pay market rates for such training;
(7) Of the total amount made available under this
paragraph, up to 4 percent may be used for associated
administrative expenses for the NRC to carry-out
activities provided under this section;
(8) Mortgage foreclosure mitigation assistance may
include a budget for outreach and advertising, as
determined by the NRC; and
(9) The NRC shall report bi-annually to the House and
Senate Committees on Appropriations as well as the
Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage default.
Such reports shall identify successful strategies and
methods for preserving homeownership and the long-term
affordability of at-risk mortgages and shall include
recommended efforts that will or likely can assist in
the success of this program as well as an analysis of
any policy and procedures that failed to result in
successful mortgage foreclosure mitigation. The report
shall include an analysis of the details and use of any
post mitigation counseling of assisted borrowers
designed to ensure the continued long-term
affordability of the mortgages which were the subject
of the mortgage foreclosure mitigation assistance.
United States Interagency Council on Homelessness
OPERATING EXPENSES
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States Code)
of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended, $2,150,000.
Title II of the McKinney-Vento Homeless Assistance Act, as
amended, is amended in section 209 by striking ``2007'' and
inserting ``2008''.
TITLE IV
GENERAL PROVISIONS THIS ACT
(INCLUDING TRANSFERS OF FUNDS)
Sec. 401. Such sums as may be necessary for fiscal year 2008
pay raises for programs funded in this Act shall be absorbed
within the levels appropriated in this Act or previous
appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 404. The expenditure of any appropriation under this Act
for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2008, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress; (4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent, whichever
is less; or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement accompanying
this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of
the Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That
the report shall include: (1) a table for each appropriation
with a separate column to display the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and
activity as detailed in the budget appendix for the respective
appropriation; and (3) an identification of items of special
congressional interest: Provided further, That the amount
appropriated or limited for salaries and expenses for an agency
shall be reduced by $100,000 per day for each day after the
required date that the report has not been submitted to the
Congress.
Sec. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2008 from appropriations
made available for salaries and expenses for fiscal year 2008
in this Act, shall remain available through September 30, 2009,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations for approval prior to the expenditure of such
funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 407. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole source
contracts by no later than July 31, 2008. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole source contract.
Sec. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 409. None of the funds made available in this Act may be
used to provide homeownership assistance for applicants
described in 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3)).
Sec. 410. None of the funds in this Act may be used to employ
workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 411. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public
use shall not be construed to include economic development that
primarily benefits private entities: Provided further, That any
use of funds for mass transit, railroad, airport, seaport or
highway projects as well as utility projects which benefit or
serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-
utility functions that serve the general public and are subject
to regulation and oversight by the government, and projects for
the removal of an immediate threat to public health and safety
or brownsfield as defined in the Small Business Liability
Relief and Brownsfield Revitalization Act (Public Law 107-118)
shall be considered a public use for purposes of eminent
domain.
Sec. 412. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 413. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by an
employee who has left to enter the Armed Forces of the United
States and has satisfactorily completed his period of active
military or naval service, and has within 90 days after his
release from such service or from hospitalization continuing
after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has
not been restored thereto.
Sec. 414. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 415. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a-10c).
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2008''.
Amendment to the Senate Amendment to H.R. 2764
Page 227 of the amendment of the Senate, strike lines 3
through 5 and insert the following (and conform any table of
contents accordingly):
DIVISION L--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR OPERATION
ENDURING FREEDOM AND FOR OTHER PURPOSES
TITLE I
Sec. 101. It is the sense of the Congress that the
performance of United States military personnel should be
commended, their courage and sacrifice have been exceptional,
and when they come home, their service should be recognized
appropriately.
Sec. 102. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984)--
(1) section 2340A of title 18, United States Code;
(2) section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations;
and
(3) sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 103. Not later than February 15, 2008, the President
shall submit to the Congress in classified and unclassified
form a comprehensive regional stability plan for the Middle
East, which shall include a military, diplomatic, political and
economic strategy that provides for the national security
interests of the United States in the region and for the
engagement of targeted counterterrorism operations. The plan
shall include a detailed description of the projected United
States military force presence in and around the Middle East
region for the 5-year period beginning on October 1, 2008.
Sec. 104. None of the funds provided in this Act shall be
available to fund Operation Iraqi Freedom. The prohibition in
this section shall not apply to the purchase or fielding of
body armor and other force protection items to protect United
States military and civilian personnel in the areas of
operation.
TITLE II
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$311,471,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $19,058,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $17,797,966,000: Provided, That funds made available
under this heading shall be used only in support of Operation
Enduring Freedom.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $350,000,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $2,010,671,000: Provided, That funds made
available under this heading shall be used only in support of
Operation Enduring Freedom.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $800,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $483,000,000, of which not to exceed
$333,000,000, to remain available until expended, may be used
for payments to reimburse key cooperating nations, for
logistical, military, and other support provided to United
States military operations, notwithstanding any other provision
of law: Provided, That such payments may be made in such
amounts as the Secretary of Defense, with the concurrence of
the Secretary of State and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the Secretary
of Defense to adequately account for the support provided, and
such determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph.
Afghanistan Freedom Fund
(including transfer of funds)
For ``Afghanistan Freedom Fund'', $2,529,963,000, to remain
available for transfer only to support operations in
Afghanistan and related activities in support of the Global War
on Terror: Provided, That none of the funds provided herein
shall be used for activities in Iraq: Provided further, That
the Secretary of Defense and the Director of National
Intelligence shall, no fewer than 30 days prior to making
transfers under this authority, notify the Committees on
Appropriations of the House of Representatives and the Senate
in writing of the details of any such transfer made for
intelligence activities: Provided further, That funds
transferred shall be merged with and be available for the same
purposes and for the same time period as the appropriation or
fund to which transferred: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $4,269,000,000: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding
any other provision of law, for the purpose of allowing the
Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds
to assist United States forces in the defeat of improvised
explosive devices: Provided further, That within 60 days of
enactment of this Act, a plan for the intended management and
use of the Fund is provided to the congressional defense
committees: Provided further, That the Secretary of Defense
shall submit a report not later than 60 days after the end of
each fiscal quarter to the congressional defense committees
providing assessments of the evolving threats, individual
service requirements to counter the threats, the current
strategy for pre-deployment training of members of the Armed
Forces on explosive devices, and details on the execution of
this Fund: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for operation
and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the
purpose provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
upon determination that all or part of the funds so transferred
from this appropriation are not necessary for the purpose
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from
this appropriation, notify the congressional defense committees
in writing of the details of any such transfer.
PROCUREMENT
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,176,000,000.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$524,800,000.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$644,150,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$114,600,000, for operation and maintenance, for care for
wounded and injured military personnel and for enhanced soldier
and family support including psychological health.
GENERAL PROVISIONS
Sec. 201. Appropriations provided in this Act are available
for obligation until September 30, 2008, unless otherwise
provided in this Act.
(transfer of funds)
Sec. 202. (a) Upon a determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer between appropriations up to
$4,000,000,000 of the funds made available to the Department of
Defense in this Act.
(b) The Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this section.
(c) The authority provided in this section is in addition to
any other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as the
authority provided in section 8005 of the Department of Defense
Appropriations Act, 2008, except for the fourth proviso.
Sec. 203. Funds appropriated in this Act, or made available
by the transfer of funds in or pursuant to this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504(a)(1) of
the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 204. None of the funds provided in this Act may be used
to finance programs or activities denied by the Congress in
fiscal years 2007 or 2008 appropriations to the Department of
Defense or to initiate a procurement or research, development,
test and evaluation new start program unless such program or
project must be undertaken immediately in the interest of
national security and only after written prior notification to
the congressional defense committees.
Sec. 205. (a) From funds made available for operation and
maintenance in this Act to the Department of Defense, not to
exceed $500,000,000 may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program, for the purpose of enabling military commanders in
Afghanistan to respond to urgent humanitarian relief and
reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Afghan people.
(b) Not later than 15 days after the end of each fiscal year
quarter, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source
of funds and the allocation and use of funds during that
quarter that were made available pursuant to the authority
provided in this section or under any other provision of law
for the purposes of the programs under subsection (a).
Sec. 206. (a) During fiscal year 2008, funds available in
this Act to the Department of Defense for operation and
maintenance may be used, notwithstanding any other provision of
law, to provide supplies, services, transportation, including
airlift and sealift, and other logistical support to Coalition
forces supporting military and stability operations in
Afghanistan.
(b) The Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support
provided under this section.
Sec. 207. Of the funds appropriated within Public Law 110-
116, not less than $6,900,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Army'' and not
less than $500,000,000 under the heading ``Operation and
Maintenance, Marine Corps'' shall be available only to support
child care center operations, family and youth activities,
custodial services, training range operations, family advocacy
programs, base force protection activities and military
recruiting programs, to include pay for civilian employees of
the Department of Defense.
Sec. 208. Each amount appropriated or otherwise provided in
this Act is designated as an emergency requirement and
necessary to meet emergency needs pursuant to subsections (a)
and (b) of section 204 of S. Con. Res. 21 (110th Congress), the
concurrent resolution on the budget for fiscal year 2008.
This Act may be cited as the ``Operation Enduring Freedom
Emergency Appropriations Act, 2008''.
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