[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 52 Engrossed in House (EH)]
110th CONGRESS
1st Session
H. J. RES. 52
_______________________________________________________________________
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 2008, and for
other purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for fiscal
year 2008, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2007 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this joint resolution, that were conducted in fiscal year 2007,
and for which appropriations, funds, or other authority were made
available in the following appropriations Acts:
(1) The Department of Defense Appropriations Act, 2007
(division A of Public Law 109-289).
(2) The Department of Homeland Security Appropriations Act,
2007 (Public Law 109-295).
(3) The Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Law
110-5).
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for: (1) the new production of items not funded for production in
fiscal year 2007 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2007 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line
item in a budget activity within an appropriation account and an R-1
line item that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2007.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
(c) Notwithstanding this section, the Secretary of Defense may,
following notification of the congressional defense committees,
initiate projects or activities required to be undertaken for force
protection purposes using funds available from the Iraq Freedom Fund.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2007.
Sec. 105. Appropriations made and authority granted pursuant to
this joint resolution shall cover all obligations or expenditures
incurred for any project or activity during the period for which funds
or authority for such project or activity are available under this
joint resolution.
Sec. 106. Unless otherwise provided for in this joint resolution
or in the applicable appropriations Act for fiscal year 2008,
appropriations and funds made available and authority granted pursuant
to this joint resolution shall be available until whichever of the
following first occurs: (1) the enactment into law of an appropriation
for any project or activity provided for in this joint resolution; (2)
the enactment into law of the applicable appropriations Act for fiscal
year 2008 without any provision for such project or activity; or (3)
November 16, 2007.
Sec. 107. Expenditures made pursuant to this joint resolution
shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable appropriation,
fund, or authorization is contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this joint resolution may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United States
Code, but nothing in this joint resolution may be construed to waive
any other provision of law governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution of
appropriations at the beginning of fiscal year 2008 because of
distributions of funding to States, foreign countries, grantees, or
others, such high initial rates of operation or complete distribution
shall not be made, and no grants shall be awarded for such programs
funded by this joint resolution that would impinge on final funding
prerogatives.
Sec. 110. This joint resolution shall be implemented so that only
the most limited funding action of that permitted in the joint
resolution shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2007, and for activities under the Food Stamp Act of 1977, activities
shall be continued at the rate to maintain program levels under current
law, under the authority and conditions provided in the applicable
appropriations Act for fiscal year 2007, to be continued through the
date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2007 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2007, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this joint resolution may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 114. Notwithstanding section 20106 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5), the Secretary of Agriculture is
authorized to enter into or renew contracts under section 521(a)(2) of
the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)) for 1 year.
Sec. 115. The authority provided by section 3a of the Act of March
3, 1927 (commonly known as the ``Cotton Statistics and Estimates Act'')
(7 U.S.C. 473a) shall continue in effect through the date specified in
section 106(3) of this joint resolution.
Sec. 116. The authority of the Secretary of Agriculture to carry
out the adjusted gross income limitation contained in section 1001D of
the Food Security Act of 1985 (7 U.S.C. 1308-3a) shall continue through
the end of the period specified in subsection (e) of such section or
the date specified in section 106(3) of this joint resolution,
whichever occurs later.
Sec. 117. The provisions of title VIII of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005 (Public Law 108-447, division B) that apply
during fiscal year 2007 shall continue to apply through the date
specified in section 106(3) of this joint resolution.
Sec. 118. The authority provided by section 1202 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163)
shall continue in effect through the earlier of the date of enactment
of the National Defense Authorization Act for Fiscal Year 2008 or the
date specified in section 106(3) of this joint resolution.
Sec. 119. The authority provided by section 1477(d) of title 10,
United States Code, as amended by section 3306 of Public Law 110-28,
shall continue in effect through the date of enactment of the National
Defense Authorization Act for Fiscal Year 2008.
Sec. 120. The authority provided by section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375) shall continue in effect through the earlier of the date
of enactment of the National Defense Authorization Act for Fiscal Year
2008 or the date specified in section 106(3) of this joint resolution.
Sec. 121. The authority provided by section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), as
amended by section 1022 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163), shall continue in effect through
the earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2008 or the date specified in section
106(3) of this joint resolution.
Sec. 122. The authority provided by section 1051a of title 10,
United States Code, shall continue in effect through the earlier of the
date of enactment of the National Defense Authorization Act for Fiscal
Year 2008 or the date specified in section 106(3) of this joint
resolution.
Sec. 123. (a) Notwithstanding any other provision of law or this
joint resolution, and in addition to amounts otherwise made available
by this joint resolution, there is appropriated $5,200,000,000 for a
``Mine Resistant Ambush Protected Vehicle Fund'', to remain available
until September 30, 2008.
(b) The funds provided by subsection (a) shall be available to the
Secretary of Defense to continue technological research and development
and upgrades, to procure Mine Resistant Ambush Protected vehicles and
associated support equipment, and to sustain, transport, and field Mine
Resistant Ambush Protected vehicles.
(c)(1) The Secretary of Defense shall transfer funds provided by
subsection (a) to appropriations for operation and maintenance;
procurement; and research, development, test and evaluation to
accomplish the purposes specified in subsection (b). Such transferred
funds shall be merged with and be available for the same purposes and
for the same time period as the appropriation to which they are
transferred.
(2) The transfer authority provided by this subsection shall be in
addition to any other transfer authority available to the Department of
Defense.
(3) The Secretary of Defense shall, not less than 5 days prior to
making any transfer under this subsection, notify the congressional
defense committees in writing of the details of the transfer.
(d) The amount provided by this section 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. 124. Section 14704 of title 40, United States Code, shall be
applied by substituting the date specified in section 106(3) of this
joint resolution for ``October 1, 2007''.
Sec. 125. Section 382N of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-13) shall be applied by substituting
the date specified in section 106(3) of this joint resolution for
``October 1, 2007''.
Sec. 126. Of the funds made available to the Department of Energy
under this joint resolution, $484,000 may be transferred to another
agency for carrying out the provisions of division C of Public Law 108-
324. Funds so transferred shall be refunded to the Department after
passage of the regular appropriations Act for that agency.
Sec. 127. (a) In addition to the amounts otherwise provided under
section 101, an additional amount is available under ``General Services
Administration--Operating Expenses Account'', at a rate for operations
of $4,340,000, for the costs of agency activities transferred to the
Civilian Board of Contract Appeals pursuant to section 847 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163).
(b) For purposes of section 101, the rate for operations for each
of the accounts from which funds were transferred in fiscal year 2007
pursuant to section 847(b) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 41 U.S.C. 607 note) is
reduced by an amount equal to the annualized level of the funds
transferred.
Sec. 128. Notwithstanding any other provision of this joint
resolution, except section 106, the District of Columbia may expend
local funds for programs and activities under the heading ``District of
Columbia Funds'' for such programs and activities under title IV of
H.R. 2829 (110th Congress), as passed by the House of Representatives,
at the rate set forth under ``District of Columbia Funds--Summary of
Expenses'' as included in the Fiscal Year 2008 Proposed Budget and
Financial Plan submitted to the Congress by the District of Columbia on
June 7, 2007, as amended on June 29, 2007.
Sec. 129. Section 403(f) of the Government Management Reform Act
of 1994 (Public Law 103-356; 31 U.S.C. 501 note) shall be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``October 1, 2006''.
Sec. 130. Section 204(e) of the Veterans Benefits Improvement Act
of 2004 (Public Law 108-454; 38 U.S.C. 4301 note) shall be applied by
substituting the date specified in section 106(3) of this joint
resolution for ``September 30, 2007''.
Sec. 131. Any funds made available pursuant to section 101 for
United States Customs and Border Protection may be obligated to support
hiring, training, and equipping of new border patrol agents at a rate
for operations not exceeding that necessary to sustain the numbers of
new border patrol agents hired, trained, and equipped in the final
quarter of fiscal year 2007. The Commissioner of United States Customs
and Border Protection shall notify the Committees on Appropriations of
the House of Representatives and the Senate on each use of the
authority provided in this section.
Sec. 132. The Secretary of Homeland Security may continue, through
the date specified in section 106(3) of this joint resolution, to
obligate funds at the rate the Secretary determines necessary to
maintain not more than the average monthly number of detention bed
spaces in use during September 2007 at detention facilities operated or
contracted by the Department of Homeland Security.
Sec. 133. During the period specified in section 106 of this joint
resolution, section 517(b) of Public Law 109-295 shall not be in
effect.
Sec. 134. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall
be applied by substituting the date specified in section 106(3) of this
joint resolution for ``the end of fiscal year 2007''.
Sec. 135. (a) Activities authorized by chapters 2, 3, 5, and 6 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall
continue through the date specified in section 106(3) of this joint
resolution.
(b) Notwithstanding any other provision of this joint resolution,
except section 106, there is appropriated to carry out chapter 6 of
title II of the Trade Act of 1974 (19 U.S.C. 2401 et seq.) $5,000,000.
Sec. 136. (a) Appropriation for CHIP Program.--
(1) In general.--Notwithstanding any other provision of
this joint resolution, there is hereby appropriated, out of any
money in the Treasury not otherwise appropriated for fiscal
year 2008, $5,000,000,000 for purposes of providing allotments
to States, the District of Columbia, and commonwealths and
territories under section 2104 of the Social Security Act (42
U.S.C. 1397dd), and, in addition, $40,000,000 for the purpose
of providing additional allotments under subsection (c)(4)(A)
of such section.
(2) Availability.--Funds made available from any allotment
under subsection (b) shall not be available for obligation for
child health assistance for items and services furnished after
the termination date specified in section 106(3) of this joint
resolution, or, if earlier, the date of the enactment of an Act
that provides funding for fiscal year 2008 and for one or more
subsequent fiscal years for the Children's Health Insurance
Program under title XXI of the Social Security Act.
(b) Allotments.--Notwithstanding any other provision of this joint
resolution, the Secretary of Health and Human Services shall make
allotments to States, the District of Columbia, and commonwealths and
territories under section 2104 of the Social Security Act (42 U.S.C.
1397dd) from the amounts appropriated under subsection (a) for the
entire fiscal year 2008.
(c) Redistribution of Unused Fiscal Year 2005 Allotments to States
With Estimated Funding Shortfalls for Fiscal Year 2008.--Section 2104
of the Social Security Act (42 U.S.C. 1397dd) is amended by adding at
the end the following new subsection:
``(i) Redistribution of Unused Fiscal Year 2005 Allotments to
States With Estimated Funding Shortfalls for Fiscal Year 2008.--
``(1) In general.--Notwithstanding subsection (f) and
subject to paragraphs (3) and (4), with respect to months
beginning during fiscal year 2008, the Secretary shall provide
for a redistribution under such subsection from the allotments
for fiscal year 2005 under subsection (b) that are not expended
by the end of fiscal year 2007, to a fiscal year 2008 shortfall
State described in paragraph (2), such amount as the Secretary
determines will eliminate the estimated shortfall described in
such paragraph for such State for the month.
``(2) Fiscal year 2008 shortfall state described.--A fiscal
year 2008 shortfall State described in this paragraph is a
State with a State child health plan approved under this title
for which the Secretary estimates, on a monthly basis using the
most recent data available to the Secretary as of such month,
that the projected expenditures under such plan for such State
for fiscal year 2008 will exceed the sum of--
``(A) the amount of the State's allotments for each
of fiscal years 2006 and 2007 that was not expended by
the end of fiscal year 2007; and
``(B) the amount of the State's allotment for
fiscal year 2008.
``(3) Funds redistributed in the order in which states
realize funding shortfalls.--The Secretary shall redistribute
the amounts available for redistribution under paragraph (1) to
fiscal year 2008 shortfall States described in paragraph (2) in
the order in which such States realize monthly funding
shortfalls under this title for fiscal year 2008. The Secretary
shall only make redistributions under this subsection to the
extent that there are unexpended fiscal year 2005 allotments
under subsection (b) available for such redistributions.
``(4) Proration rule.--If the amounts available for
redistribution under paragraph (1) are less than the total
amounts of the estimated shortfalls determined for the month
under that paragraph, the amount computed under such paragraph
for each fiscal year 2008 shortfall State for the month shall
be reduced proportionally.
``(5) Retrospective adjustment.--The Secretary may adjust
the estimates and determinations made to carry out this
subsection as necessary on the basis of the amounts reported by
States not later than November 30, 2007, on CMS Form 64 or CMS
Form 21, as the case may be, and as approved by the Secretary.
``(6) 1-Year availability; no further redistribution.--
Notwithstanding subsections (e) and (f), amounts redistributed
to a State pursuant to this subsection for fiscal year 2008
shall only remain available for expenditure by the State
through September 30, 2008, and any amounts of such
redistributions that remain unexpended as of such date, shall
not be subject to redistribution under subsection (f).''.
(d) Extending Authority for Qualifying States to Use Certain Funds
for Medicaid Expenditures.--Section 2105(g)(1)(A) of such Act (42
U.S.C. 1397ee) is amended by striking ``or 2007'' and inserting ``2007,
or 2008''.
(e) Applicability.--The amendments made by subsection (c) and (d)
shall be in effect through the date specified in section 106(3) of this
joint resolution or, if earlier, the date of the enactment of an Act
that provides funding for fiscal year 2008 and for one or more
subsequent fiscal years for the Children's Health Insurance Program
under title XXI of the Social Security Act.
Sec. 137. Notwithstanding any other provision of this joint
resolution, there is appropriated for payment to Susan Thomas, widow of
Craig Thomas, late a Senator from the State of Wyoming, $165,200, and
for payment to Karen L. Gillmor, widow of Paul E. Gillmor, late a
Representative from the State of Ohio, $165,200.
Sec. 138. The Secretary of Veterans Affairs shall carry out
subparagraph (B) of section 1710(f)(2) of title 38, United States Code,
and subparagraph (E) of section 1729(a)(2) of such title by
substituting the date specified in section 106(3) of this joint
resolution for the date specified in each such subparagraph.
Sec. 139. Notwithstanding section 101, amounts are provided for
``Department of Defense Base Closure Account 2005'' at a rate for
operations of $5,626,223,000.
Sec. 140. Notwithstanding any other provision of this joint
resolution, except section 106, the Department of Veterans Affairs may
expend funds for programs and activities under the heading
``Information Technology Systems'' for pay and associated cost for
operations and maintenance associated staff.
Sec. 141. Notwithstanding any other provision of this joint
resolution, except section 106, in addition to the amount made
available for fiscal year 2008 to carry out section 3674 of title 38,
United States Code, there is appropriated to carry out that section an
additional amount equal to $6,000,000 multiplied by the ratio of the
number of days covered by this joint resolution to 366.
Sec. 142. 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 the date specified in section 106(3) of this joint
resolution.
Sec. 143. Notwithstanding section 101, amounts are provided for
``Department of State--Administration of Foreign Affairs--Diplomatic
and Consular Programs'' at a rate for operations of $4,435,013,000, of
which not less than $778,449,000 shall be for worldwide security
upgrades.
Sec. 144. The provisions of title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall continue in
effect, notwithstanding section 209 of such Act, through the earlier
of: (1) the date specified in section 106(3) of this joint resolution;
or (2) the date of enactment of an authorization Act relating to the
McKinney-Vento Homeless Assistance Act.
Sec. 145. Funds made available under section 101 for the National
Transportation Safety Board shall include amounts necessary to make
lease payments due in fiscal year 2008 only, on an obligation incurred
in 2001 under a capital lease.
Sec. 146. 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 the date
specified in section 106(3) of this joint resolution, insure and may
enter into commitments to insure mortgages under section 255 of the
National Housing Act (12 U.S.C. 1715z-20(g)).
Sec. 147. Section 24(o) of the United States Housing Act of 1937
(42 U.S.C. 1437v(o)) shall be applied by substituting the date
specified in section 106(3) of this joint resolution for ``September
30, 2007''.
Sec. 148. (a) Section 48103(4) of title 49, United States Code,
shall be applied: (1) by substituting the amount specified in such
section with an amount that equals $3,675,000,000 multiplied by the
ratio of the number of days covered by this joint resolution to 366;
and (2) by substituting the fiscal year specified in such section with
the period beginning October 1, 2007, through the date specified in
section 106(3) of this joint resolution.
(b) Section 47104(c) of title 49, United States Code, shall be
applied by substituting ``2008'' for ``2007''.
(c) Nothing in this section shall affect the availability of any
balances of contract authority provided under section 48103 of title
49, United States Code, for fiscal year 2007 and any prior fiscal year.
Sec. 149. (a) Sections 4081(d)(2)(B), 4261(j)(1)(A)(ii),
4271(d)(1)(A)(ii), 9502(d)(1), and 9502(f)(2) of the Internal Revenue
Code of 1986 shall each be applied by substituting the date specified
in section 106(3) of this joint resolution for ``September 30, 2007''
or ``October 1, 2007'', as the case may be.
(b) Subparagraph (A) of section 9502(d)(1) of the Internal Revenue
Code of 1986 is amended by inserting ``or any joint resolution making
continuing appropriations for the fiscal year 2008'' before the
semicolon at the end.
Sec. 150. (a) Congress makes the following findings:
(1) General David H. Petraeus was confirmed by a unanimous vote of
81-0 in the Senate on January 26, 2007, to be the Commander of the
Multi-National Forces--Iraq.
(2) General David H. Petraeus assumed command of the Multi-National
Forces--Iraq on February 10, 2007.
(3) General David H. Petraeus previously served in Operation Iraqi
Freedom as the Commander of the Multi-National Security Transition
Command--Iraq, as the Commander of the NATO Training Mission--Iraq, and
as Commander of the 101st Airborne Division (Air Assault) during the
first year of combat operations in Iraq.
(4) General David H. Petraeus has received numerous awards and
distinctions during his career, including the Defense Distinguished
Service Medal, two awards of the Distinguished Service Medal, two
awards of the Defense Superior Service Medal, four awards of the Legion
of Merit, the Bronze Star Medal for valor, the State Department
Superior Honor Award, the NATO Meritorious Service Medal, and the Gold
Award of the Iraqi Order of the Date Palm.
(5) The leadership of the majority party in both the House of
Representatives and the Senate implored the American people and Members
of Congress early in January 2007 to listen to the generals on the
ground.
(b) It is the sense of the Congress that the House of
Representatives--
(1) recognizes the service of General David H. Petraeus, as well as
all other members of the Armed Forces serving in good standing, in the
defense of the United States and the personal sacrifices made by
General Petraeus and his family, and other members of the Armed Forces
and their families, to serve with distinction and honor;
(2) commits to judge the merits of the sworn testimony of General
David H. Petraeus without prejudice or personal bias, including
refraining from unwarranted personal attacks;
(3) condemns in the strongest possible terms the personal attacks
made by the advocacy group MoveOn.org impugning the integrity and
professionalism of General David H. Petraeus;
(4) honors all members of the Armed Forces and civilian personnel
serving in harm's way, as well as their families; and
(5) pledges to debate any supplemental funding request or any
policy decisions regarding the war in Iraq with the solemn respect and
the commitment to intellectual integrity that the sacrifices of these
members of the Armed Forces and civilian personnel deserve.
Passed the House of Representatives September 26, 2007.
Attest:
Clerk.
110th CONGRESS
1st Session
H. J. RES. 52
_______________________________________________________________________
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 2008, and for
other purposes.