[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2764 Enrolled Bill (ENR)]
H.R.2764
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2008, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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
DIVISION L--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR OPERATION ENDURING
FREEDOM AND FOR OTHER PURPOSES
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 the Inspector General
For necessary expenses of the Office of the 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 5 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''.
McGovern-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 subsections (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 to 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.
(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 U.S.C. 5304, notwithstanding section 1005(d) of the
Legal Services Corporation Act, 42 U.S.C. 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 by 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 by 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; and
(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).
``(d) 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 subsection
(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 paragraphs (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 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.
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 Director of 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, sec. 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
affected 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 title 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 of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a transfer of any
local funds in excess of $3,000,000 from one appropriation heading to
another unless the Committees on Appropriations of the House of
Representatives and Senate are provided summary reports on April 1,
2008 and October 1, 2008, setting forth detailed information regarding
each reprogramming conducted subject to this subsection, except that in
no event may the amount of any funds transferred exceed 4 percent of
the local funds in the appropriations.
(c) The District of Columbia Government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through 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, sec. 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 75 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 decision makers, 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
decision makers, 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
the 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 decision-making
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).
(15) $299,300,000 shall be for training, exercises, technical
assistance, and other programs:
Provided, That not to exceed 3 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
5 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 3 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 3 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 4
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 3 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 the 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 the 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 3 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 3 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 Fed.
Reg. 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 the 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 1 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 3
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)''; and
(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 section 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, section 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 striking subsection (i) and inserting the following:
``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 section 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 sections 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 section 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.
(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 of
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.
(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. 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 DISASTERS
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
Appropriations 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
physically 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.
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).
This division may be cited as the ``Legislative Branch
Appropriations Act, 2008''.
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 rescission 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.
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 section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)).
(c) Technical Correction.--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 inserting ``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.
(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''; and
(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;
(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; and
(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 10 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 3 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 1 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 rescissions)
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 10 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.
(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.
(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. 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 section 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 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 years 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 90 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 15 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.
(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''.
DIVISION L--SUPPLEMENTAL APPROPRIATIONS, DEFENSE
TITLE I--MILITARY PERSONNEL
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$782,500,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$95,624,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$56,050,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$138,037,000.
TITLE II--OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$35,152,370,000.
Operation and Maintenance, Navy
(including transfers of funds)
For an additional amount for ``Operation and Maintenance, Navy'',
$3,664,000,000: Provided, That up to $110,000,000 shall be transferred
to the Coast Guard ``Operating Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,965,638,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $4,778,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,116,950,000, of which up to $300,000,000, to remain
available until expended, may be used for payments to reimburse
Pakistan, Jordan, and other key cooperating nations, for logistical,
military, and other support provided, or to be 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.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $77,736,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $41,657,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $46,153,000.
Operations and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $12,133,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $327,000,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $51,634,000.
Iraq Freedom Fund
(including transfer of funds)
For an additional amount for ``Iraq Freedom Fund'', $3,747,327,000,
to remain available for transfer until September 30, 2009, only to
support operations in Iraq or Afghanistan: Provided, That the Secretary
of Defense may transfer the funds provided herein to appropriations for
military personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test and
evaluation; and working capital funds: 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: Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not necessary for
the purposes 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: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation.
Afghanistan Security Forces Fund
(including transfer of funds)
For the ``Afghanistan Security Forces Fund'', $1,350,000,000, to
remain available until September 30, 2009: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Office of Security Cooperation-Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That the Secretary of Defense may
transfer such funds to appropriations for military personnel; operation
and maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and defense
working capital funds to accomplish the purposes 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 a determination that all or part of the
funds so transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, and used for
such purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the transfer of any contribution delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than 5 days
prior to making transfers from this appropriation account, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation.
Iraq Security Forces Fund
(including transfer of funds)
For the ``Iraq Security Forces Fund'', $1,500,000,000, to remain
available until September 30, 2009: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command-Iraq, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of equipment,
supplies, services, training, facility and infrastructure repair,
renovation, and construction, and funding: Provided further, That the
authority to provide assistance under this heading is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds to
appropriations for military personnel; operation and maintenance;
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purposes 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 a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That contributions of funds for the purposes provided herein
from any person, foreign government, or international organization may
be credited to this Fund, and used for such purposes: Provided further,
That the Secretary shall notify the congressional defense committees in
writing upon the receipt and upon the transfer of any contribution
delineating the sources and amounts of the funds received and the
specific use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 5 days prior to making
transfers from this appropriation account, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
from this appropriation.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$4,269,000,000, to remain available until September 30, 2010: 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 the 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 30 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
predeployment training of members of the Armed Forces on improvised
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 military personnel; 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.
TITLE III--PROCUREMENT
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$943,600,000, to remain available for obligation until September 30,
2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,429,445,000, to remain available for
obligation until September 30, 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$154,000,000, to remain available for obligation until September 30,
2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$2,027,800,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$48,500,000, to remain available for obligation until September 30,
2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $304,945,000, to remain available for obligation until
September 30, 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$91,481,000, to remain available for obligation until September 30,
2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$703,250,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$51,400,000, to remain available for obligation until September 30,
2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$30,725,000, to remain available for obligation until September 30,
2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$274,743,000, to remain available for obligation until September 30,
2010.
TITLE IV--REVOLVING AND MANAGEMENT FUNDS
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount of ``Defense Working Capital Funds'',
$1,000,000,000, to remain available for obligation until September 30,
2010.
TITLE V--OTHER DEPARTMENT OF DEFENSE PROGRAMS
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$575,701,000 for Operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $192,601,000.
TITLE VI--GENERAL PROVISIONS
GENERAL PROVISIONS
Sec. 601. Appropriations provided in this division are available
for obligation until September 30, 2008, unless otherwise so provided
in this division.
Sec. 602. Notwithstanding any other provision of law or of this
division, funds made available in this division are in addition to
amounts appropriated or otherwise made available for the Department of
Defense for fiscal year 2008.
(TRANSFER OF FUNDS)
Sec. 603. Upon the determination of 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 division: Provided, That
the Secretary shall notify the Congress promptly of each transfer made
pursuant to the authority in this section: Provided further, That the
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense.
Sec. 604. Funds appropriated in this division, or made available by
the transfer of funds in or pursuant to this division, 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).
Sec. 605. None of the funds provided in this division may be used
to finance programs or activities denied by 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 without prior written notification to the congressional defense
committees.
Sec. 606. (a) Availability of Funds for CERP.--From funds made
available in this division 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 Iraq to respond to urgent humanitarian
relief and reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately assist
the Iraqi people, and to fund a similar program to assist the people of
Afghanistan.
(b) Quarterly Reports.--Not later than 15 days after the end of
each fiscal year quarter (beginning with the first quarter of fiscal
year 2008), 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. 607. During the current fiscal year, funds available 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 Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
Sec. 608. During fiscal year 2008, supervision and administration
costs associated with projects carried out with funds appropriated to
``Afghanistan Security Forces Fund'' or ``Iraq Security Forces Fund''
in this division may be obligated at the time a construction contract
is awarded: Provided, That for the purpose of this section, supervision
and administration costs include all in-house Government costs.
Sec. 609. (a) Reports on Progress Toward Stability in Iraq.--Not
later than 60 days after the date of the enactment of this Act and
every 90 days thereafter through the end of fiscal year 2008, the
Secretary of Defense shall set forth in a report to Congress a
comprehensive set of performance indicators and measures for progress
toward military and political stability in Iraq.
(b) Scope of Reports.--Each report shall include performance
standards and goals for security, economic, and security force training
objectives in Iraq together with a notional timetable for achieving
these goals.
(c) Specific Elements.--In specific, each report shall require, at
a minimum, the following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including the
important political milestones that must be achieved over the
next several years.
(B) The primary indicators of a stable security environment
in Iraq, such as number of engagements per day, numbers of
trained Iraqi forces, and trends relating to numbers and types
of ethnic and religious-based hostile encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed of
non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts to
disarm or reintegrate each militia.
(E) Key indicators of economic activity that should be
considered the most important for determining the prospects of
stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to determine
when it is safe to begin withdrawing United States forces from
Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
(A) The training provided Iraqi military and other Ministry
of Defense forces and the equipment used by such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable for
achieving these goals.
(C) The operational readiness status of the Iraqi military
forces, including the type, number, size, and organizational
structure of Iraqi battalions that are--
(i) capable of conducting counterinsurgency operations
independently;
(ii) capable of conducting counterinsurgency operations
with the support of United States or coalition forces; or
(iii) not ready to conduct counterinsurgency
operations.
(D) The rates of absenteeism in the Iraqi military forces
and the extent to which insurgents have infiltrated such
forces.
(E) The training provided Iraqi police and other Ministry
of Interior forces and the equipment used by such forces.
(F) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving these
goals, including--
(i) the number of police recruits that have received
classroom training and the duration of such instruction;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by the
Iraqi Police Screening Service, the number of candidates
derived from other entry procedures, and the success rates
of those groups of candidates;
(iv) the number of Iraqi police forces who have
received field training by international police trainers
and the duration of such instruction; and
(v) attrition rates and measures of absenteeism and
infiltration by insurgents.
(G) The estimated total number of Iraqi battalions needed
for the Iraqi security forces to perform duties now being
undertaken by coalition forces, including defending the borders
of Iraq and providing adequate levels of law and order
throughout Iraq.
(H) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(I) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.
(J) An assessment, in a classified annex if necessary, of
United States military requirements, including planned force
rotations, through the end of calendar year 2008.
Sec. 610. Each amount appropriated or otherwise made available in
this division 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.
Sec. 611. None of the funds appropriated or otherwise made
available by this division may be obligated or expended to provide
award fees to any defense contractor for performance that does not meet
the requirements of the contract.
Sec. 612. No funds appropriated or otherwise made available by this
division may be used by the Government of the United States to enter
into an agreement with the Government of Iraq that would subject
members of the Armed Forces of the United States to the jurisdiction of
Iraq criminal courts or punishment under Iraq law.
Sec. 613. Notwithstanding any other provision of law, the Secretary
of the Army may reimburse a member for expenses incurred by the member
or family member when such expenses are otherwise not reimbursable
under law: Provided, That such expenses must have been incurred in good
faith as a direct consequence of reasonable preparation for, or
execution of, military orders: Provided further, That reimbursement
under this section shall be allowed only in situations wherein other
authorities are insufficient to remedy a hardship determined by the
Secretary, and only when the Secretary determines that reimbursement of
the expense is in the best interest of the member and the United
States.
Sec. 614. In this division, the term ``congressional defense
committees'' means--
(1) the Committees on Armed Services and Appropriations of the
Senate; and
(2) the Committees on Armed Services and Appropriations of the
House of Representatives.
Sec. 615. This division may be cited as the ``Emergency
Supplemental Appropriations Act for Defense, 2008''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.