U.S. Congress - Text of H.R.2764 as Enrolled Bill Omnibus Appropriations bill
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Donate NowH.R.2764 - Omnibus Appropriations bill
Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Reported in House | 40,996 | n/a | n/a |
| Engrossed in House | 41,751 | 78 | 2% |
| Referred in Senate | 41,540 | 5 | 0% |
| Reported in Senate | 83,346 | 884 | 57% |
| Engrossed Amendment Senate | 46,669 | 146 | 59% |
| Engrossed Amendment House | 300,255 | 823 | 94% |
| Enrolled Bill | 292,284 | 350 Show Changes Hide Changes | 4% |
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HR 2764 EAH
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the fourth day of January, two thousand and sevenCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other purposes', with the followingHOUSE AMENDMENTS TO SENATE AMENDMENT:( 1 ) Page 1 of the Senate engrossed amendment, strike line 1 and all that follows through the end of line 2 on page 227, and insert the following:.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `Consolidated Appropriations Act, 2008'.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. References.CommentsClose CommentsPermalink
Sec. 4. Explanatory statement.CommentsClose CommentsPermalink
Sec. 5. Emergency designations.CommentsClose CommentsPermalink
Sec. 6. Statement of appropriations.CommentsClose CommentsPermalink
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Agricultural ProgramsCommentsClose CommentsPermalink
Title II--Conservation ProgramsCommentsClose CommentsPermalink
Title III--Rural Development ProgramsCommentsClose CommentsPermalink
Title IV--Domestic Food ProgramsCommentsClose CommentsPermalink
Title V--Foreign Assistance and Related ProgramsCommentsClose CommentsPermalink
Title VI--Related Agencies and Food and Drug AdministrationCommentsClose CommentsPermalink
Title VII--General ProvisionsCommentsClose CommentsPermalink
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of CommerceCommentsClose CommentsPermalink
Title II--Department of JusticeCommentsClose CommentsPermalink
Title III--ScienceCommentsClose CommentsPermalink
Title IV--Related AgenciesCommentsClose CommentsPermalink
Title V--General ProvisionsCommentsClose CommentsPermalink
Title VI--RescissionsCommentsClose CommentsPermalink
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Defense--Civil: Department of the ArmyCommentsClose CommentsPermalink
Title II--Department of the InteriorCommentsClose CommentsPermalink
Title III--Department of EnergyCommentsClose CommentsPermalink
Title IV--Independent AgenciesCommentsClose CommentsPermalink
Title V--General ProvisionsCommentsClose CommentsPermalink
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2008
Title I--Department of the TreasuryCommentsClose CommentsPermalink
Title II--Executive Office of the President and Funds Appropriated to the PresidentCommentsClose CommentsPermalink
Title III--The JudiciaryCommentsClose CommentsPermalink
Title IV--District of ColumbiaCommentsClose CommentsPermalink
Title V--Independent AgenciesCommentsClose CommentsPermalink
Title VI--General Provisions--This ActCommentsClose CommentsPermalink
Title VII--General Provisions--Government-wideCommentsClose CommentsPermalink
Title VIII--General Provisions--District of ColumbiaCommentsClose CommentsPermalink
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
Title I--Department of Homeland SecurityCommentsClose CommentsPermalink
Title II--Security, Enforcement, and InvestigationsCommentsClose CommentsPermalink
Title III--Protection, Preparedness, Response, and RecoveryCommentsClose CommentsPermalink
Title IV--Research and Development, Training, and ServicesCommentsClose CommentsPermalink
Title V--General ProvisionsCommentsClose CommentsPermalink
Title VI--Border Infrastructure and Technology ModernizationCommentsClose CommentsPermalink
DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of the InteriorCommentsClose CommentsPermalink
Title II--Environmental Protection AgencyCommentsClose CommentsPermalink
Title III--Related AgenciesCommentsClose CommentsPermalink
Title IV--General ProvisionsCommentsClose CommentsPermalink
Title V--Wildfire Suppression Emergency AppropriationsCommentsClose CommentsPermalink
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of LaborCommentsClose CommentsPermalink
Title II--Department of Health and Human ServicesCommentsClose CommentsPermalink
Title III--Department of EducationCommentsClose CommentsPermalink
Title IV--Related AgenciesCommentsClose CommentsPermalink
Title V--General ProvisionsCommentsClose CommentsPermalink
Title VI--National Commission on Children and DisastersCommentsClose CommentsPermalink
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008
Title I--Legislative Branch AppropriationsCommentsClose CommentsPermalink
Title II--General ProvisionsCommentsClose CommentsPermalink
DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of DefenseCommentsClose CommentsPermalink
Title II--Department of Veterans AffairsCommentsClose CommentsPermalink
Title III--Related AgenciesCommentsClose CommentsPermalink
Title IV--General ProvisionsCommentsClose CommentsPermalink
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2008
Title I--Department of State and Related AgenciesCommentsClose CommentsPermalink
Title II--Export and Investment AssistanceCommentsClose CommentsPermalink
Title III--Bilateral Economic AssistanceCommentsClose CommentsPermalink
Title IV--Military AssistanceCommentsClose CommentsPermalink
Title V--Multilateral Economic AssistanceCommentsClose CommentsPermalink
Title VI--General ProvisionsCommentsClose CommentsPermalink
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of TransportationCommentsClose CommentsPermalink
Title II--Department of Housing and Urban DevelopmentCommentsClose CommentsPermalink
Title III--Related AgenciesCommentsClose CommentsPermalink
Title IV--General Provisions This ActCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division, $14,466,000.CommentsClose CommentsPermalink
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program Analysis, $8,270,000.CommentsClose CommentsPermalink
HOMELAND SECURITY STAFF
For necessary expenses of the Homeland Security Staff, $931,000.CommentsClose CommentsPermalink
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information Officer, $16,361,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $854,000.CommentsClose CommentsPermalink
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $20,496,000.CommentsClose CommentsPermalink
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for Administration, $673,000.CommentsClose CommentsPermalink
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
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 (
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
Office of the General Counsel
For necessary expenses of the Office of the General Counsel, $39,227,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Economic Research Service
For necessary expenses of the Economic Research Service in conducting economic research and analysis, $77,943,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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 (
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund authorized by
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
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 (
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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 (
Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (
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.CommentsClose CommentsPermalink
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 (
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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (
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 (
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 (
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and guaranteed farm ownership (
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Risk Management Agency
For administrative and operating expenses, as authorized by section 226A of the Department of Agriculture Reorganization Act of 1994 (
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.CommentsClose CommentsPermalink
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop Insurance Act (
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 (
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 (
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.CommentsClose CommentsPermalink
Natural Resources Conservation Service
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (
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 (
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 (
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 (
HEALTHY FORESTS RESERVE PROGRAM
For necessary expenses to carry out the Healthy Forests Reserve Program authorized under title V of
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (
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
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as authorized by
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 (
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 (
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 (
For the cost of direct loans, $14,485,000, as authorized by the Rural Development Loan Fund (
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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (
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 (
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 (
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 (
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 (
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 (
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'.CommentsClose CommentsPermalink
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of broadband telecommunication loans, $300,000,000.CommentsClose CommentsPermalink
For grants for telemedicine and distance learning services in rural areas, as authorized by
For the cost of broadband loans, as authorized by
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
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.CommentsClose CommentsPermalink
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 (
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 (
FOOD STAMP PROGRAM
For necessary expenses to carry out 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 Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (
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.CommentsClose CommentsPermalink
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 (
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 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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
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 (
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
In addition, mammography user fees authorized by
In addition, export certification user fees authorized by
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.CommentsClose CommentsPermalink
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity Exchange Act (
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
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 709. None of the funds appropriated by this Act may be used to carry out section 410 of the Federal Meat Inspection Act (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) creates new programs;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;CommentsClose CommentsPermalink
(4) relocates an office or employees;CommentsClose CommentsPermalink
(5) reorganizes offices, programs, or activities; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 715. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and technical assistance--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(4) through the Watershed and Flood Prevention Operations program to the McDowell Grove Dam Flood Plain/Wetlands Restoration Project in DuPage County, Illinois.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 718. Notwithstanding any other provision of law, of the funds made available in this Act for competitive research grants (
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 (
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 (
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 (
SEC. 722. Notwithstanding subsections (c) and (e)(2) of section 313A of the Rural Electrification Act (
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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,
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
SEC. 738. (a) Section 13(b) of the Richard B. Russell National School Lunch Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking subparagraph (A);CommentsClose CommentsPermalink
(B) by redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively;CommentsClose CommentsPermalink
(C) in subparagraph (A) (as redesignated by subparagraph (B)), striking `(B)' and all that follows through `shall not exceed' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- Subject to subparagraph (B) and in addition to amounts made available under paragraph (3), payments to service institutions shall be';CommentsClose CommentsPermalink
(D) in subparagraph (B) (as redesignated by subparagraph (B)), by striking `subparagraph (B)' and inserting `subparagraph (A)'; andCommentsClose CommentsPermalink
(E) in subparagraph (C) (as redesignated by subparagraph (B)), by striking `(A), (B), and (C)' and inserting `(A) and (B)'; andCommentsClose CommentsPermalink
(2) in the second sentence of paragraph (3), by striking `full amount of State approved' and all that follows through `maximum allowable'.CommentsClose CommentsPermalink
(b) CONFORMING AMENDMENT- Section 18 of the Richard B. Russell National School Lunch Act (
(1) by striking subsection (f); andCommentsClose CommentsPermalink
(2) by redesignating subsections (g) through (k) as subsections (f) through (j), respectively.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
SEC. 740. Section 704 of the Department of Agriculture Organic Act of 1944 (
SEC. 741. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to--CommentsClose CommentsPermalink
(1) inspect horses under section 3 of the Federal Meat Inspection Act (
(2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (
(3) implement or enforce section 352.19 of title 9, Code of Federal Regulations.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 743. (a) Sections 9001(a) and 9002 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (
(b) There is hereby appropriated $20,000,000 for the `Farm Service Agency, Salaries and Expenses'.CommentsClose CommentsPermalink
(c) Each amount provided by this section is designated as described in section 5 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
SEC. 744. Section 17(r)(5) of the Richard B. Russell National School Lunch Act (
(1) by striking `seven' and inserting `eight';CommentsClose CommentsPermalink
(2) by striking `five' and inserting `six'; andCommentsClose CommentsPermalink
(3) by inserting `West Virginia,' after the first instance of `States shall be'.CommentsClose CommentsPermalink
SEC. 745. Hereafter, notwithstanding any other provision of law, of the funds made available for the Commodity Assistance Program under division B of
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 747. None of the funds made available in this Act may be used--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 748. Hereafter, the Secretary may use funds made available in chapter 1 of division B of
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.CommentsClose CommentsPermalink
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
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 (
(b) Conservation Programs-CommentsClose CommentsPermalink
(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 (
(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 (
(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 (
(c) Exceptions- This section does not apply with respect to--CommentsClose CommentsPermalink
(1) section 1307(a)(6) of the Farm Security and Rural Investment Act of 2002 (
(2) section 524(b) of the Federal Crop Insurance Act (
(3) section 25 of the Food Stamp Act of 1977 (
(4) title VI of the Rural Electrification Act of 1936 (
(5) section 231 of the Agricultural Risk Protection Act of 2000 (
(6) section 9002 of the Farm Security and Rural Investment Act of 2002 (
(7) section 9004 of the Farm Security and Rural Investment Act of 2002 (
(8) section 9006 of the Farm Security and Rural Investment Act of 2002 (
(9) subtitles A through C of title I of the Farm Security and Rural Investment Act of 2002 (
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.CommentsClose CommentsPermalink
(b) Any rescission made by subsection (a) shall be applied proportionately--CommentsClose CommentsPermalink
(1) to each discretionary account and each item of budget authority described in subsection (a); andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) $930,120,000 provided for the Food Safety and Inspection Service in the Department of Agriculture in division A.CommentsClose CommentsPermalink
(3) Any amount designated as described in section 5 (in the matter preceding division A of this consolidated Act).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
This division may be cited as the `Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
COASTAL ZONE MANAGEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
Of amounts collected pursuant to section 308 of the Coastal Zone Management Act of 1972 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 105. (a) Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (
(b) Paragraphs (1) and (2) of section 101(b) of the Emergency Steel Loan Guarantee Act of 1999 (
(c) Subparagraph (C) of section 101(c)(3) of the Emergency Steel Loan Guarantee Act of 1999 (
(d) The Emergency Steel Loan Guarantee Act of 1999 (
`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 (
`(b) Funds made available for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program shall remain available until expended.'.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
SEC. 107.
SEC. 108. Notwithstanding the requirements of subsection 4703(d), the personnel management demonstration project established by the Department of Commerce pursuant to
SEC. 109. Section 212(b) of the National Technical Information Act of 1988 (
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.CommentsClose CommentsPermalink
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 Papaha.AE8naumokuaAE8kea Marine National Monument.CommentsClose CommentsPermalink
(b) The Secretary shall promulgate regulations for the voluntary capacity reduction program that:CommentsClose CommentsPermalink
(1) identifies eligible participants as those individuals holding commercial Federal fishing permits for either lobster or bottomfish in the designated waters within the Papaha.AE8naumokuaAE8kea Marine National Monument;CommentsClose CommentsPermalink
(2) provides a mechanism to compensate eligible participants for no more than the economic value of their permits;CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 112. (a) For purposes of this section--CommentsClose CommentsPermalink
(1) the term `Under Secretary' means Under Secretary of Commerce for Oceans and Atmosphere;CommentsClose CommentsPermalink
(2) the term `appropriate congressional committees' means--CommentsClose CommentsPermalink
(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Appropriations and the Committee on Science and Technology of the House of Representatives;CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(8) the term `baseline' means the program as set following contract award and critical design review of the space and ground systems.CommentsClose CommentsPermalink
(b)(1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that--CommentsClose CommentsPermalink
(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;CommentsClose CommentsPermalink
(B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment;CommentsClose CommentsPermalink
(C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce;CommentsClose CommentsPermalink
(D) the program has demonstrated a high likelihood of accomplishing its intended goals; andCommentsClose CommentsPermalink
(E) the acquisition of satellites for use in the program represents a good value to accomplishing NOAA's mission.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The first Major Program Annual Report for NOAA's satellite development program shall include a Baseline Report that shall, at a minimum, include--CommentsClose CommentsPermalink
(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) the schedule for development, including key program milestones;CommentsClose CommentsPermalink
(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes--CommentsClose CommentsPermalink
(A) a description of the increase in cost and a detailed explanation for the increase;CommentsClose CommentsPermalink
(B) a description of actions taken or proposed to be taken in response to the cost increase; andCommentsClose CommentsPermalink
(C) a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA.CommentsClose CommentsPermalink
(2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum--CommentsClose CommentsPermalink
(A) the projected cost and schedule for completing the program if current requirements of the program are not modified;CommentsClose CommentsPermalink
(B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
Sec. 113. (a) The Secretary of Commerce may--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) The Secretary may promulgate regulations to implement this section.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
This title may be cited as the `Department of Commerce Appropriations Act, 2008'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission as authorized, $11,462,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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, Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (
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 (
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).CommentsClose CommentsPermalink
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, 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
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
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
ASSETS FORFEITURE FUND
For expenses authorized by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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).CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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
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
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 (
(1) $13,160,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act;CommentsClose CommentsPermalink
(2) $2,350,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act;CommentsClose CommentsPermalink
(3) $183,800,000 for grants to combat violence against women, as authorized by part T of the 1968 Act, of which--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(4) $59,220,000 for grants to encourage arrest policies as authorized by part U of the 1968 Act;CommentsClose CommentsPermalink
(5) $9,400,000 for sexual assault victims assistance, as authorized by section 202 of the 2005 Act;CommentsClose CommentsPermalink
(6) $40,420,000 for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act;CommentsClose CommentsPermalink
(7) $3,290,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration projects;CommentsClose CommentsPermalink
(8) $2,820,000 for grants to improve the stalking and domestic violence databases, as authorized by section 40602 of the 1994 Act;CommentsClose CommentsPermalink
(9) $9,400,000 for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act;CommentsClose CommentsPermalink
(10) $36,660,000 for legal assistance for victims, as authorized by section 1201 of the 2000 Act;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(12) $13,630,000 for the safe havens for children program, as authorized by section 1301 of the 2000 Act;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(14) $2,820,000 for an engaging men and youth in prevention program, as authorized by the 2005 Act;CommentsClose CommentsPermalink
(15) $940,000 for analysis and research on violence against Indian women, as authorized by section 904 of the 2005 Act;CommentsClose CommentsPermalink
(16) $940,000 for tracking of violence against Indian women, as authorized by section 905 of the 2005 Act;CommentsClose CommentsPermalink
(17) $2,820,000 for services to advocate and respond to youth, as authorized by section 401 of the 2005 Act;CommentsClose CommentsPermalink
(18) $2,820,000 for grants to assist children and youth exposed to violence, as authorized by section 303 of the 2005 Act;CommentsClose CommentsPermalink
(19) $2,820,000 for the court training and improvements program, as authorized by section 105 of the 2005 Act;CommentsClose CommentsPermalink
(20) $940,000 for grants for televised testimony, as authorized by part N of the 1968 Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
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 (
(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;CommentsClose CommentsPermalink
(2) $410,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act (
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(7) $940,000 for the Missing Alzheimer's Disease Patient Alert Program, as authorized by section 240001(c) of the 1994 Act;CommentsClose CommentsPermalink
(8) $9,400,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of
(9) $15,200,000 for Drug Courts, as authorized by section 1001(25)(A) of title I of the 1968 Act;CommentsClose CommentsPermalink
(10) $7,050,000 for a prescription drug monitoring program;CommentsClose CommentsPermalink
(11) $17,860,000 for prison rape prevention and prosecution and other programs, as authorized by the Prison Rape Elimination Act of 2003 (
(12) $9,400,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of the 1968 Act;CommentsClose CommentsPermalink
(13) $22,440,000 for assistance to Indian tribes, of which--CommentsClose CommentsPermalink
(A) $8,630,000 shall be available for grants under section 20109 of subtitle A of title II of the 1994 Act;CommentsClose CommentsPermalink
(B) $8,630,000 shall be available for the Tribal Courts Initiative; andCommentsClose CommentsPermalink
(C) $5,180,000 shall be available for tribal alcohol and substance abuse reduction assistance grants;CommentsClose CommentsPermalink
(14) $2,500,000 for the Capital Litigation Improvement Grant Program as authorized by section 426 of
(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:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (
(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;CommentsClose CommentsPermalink
(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
(3) $205,366,000 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment;CommentsClose CommentsPermalink
(4) $11,750,000 is for an offender re-entry program;CommentsClose CommentsPermalink
(5) $9,400,000 is for grants to upgrade criminal records, as authorized under the Crime Identification Technology Act of 1998 (
(6) $152,272,000 is for DNA related and forensic programs and activities as follows:CommentsClose CommentsPermalink
(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
(B) $4,881,000 for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program (
(7) $15,040,000 is for improving tribal law enforcement, including equipment and training;CommentsClose CommentsPermalink
(8) $20,000,000 is for programs to reduce gun crime and gang violence;CommentsClose CommentsPermalink
(9) $3,760,000 is for training and technical assistance;CommentsClose CommentsPermalink
(10) $18,800,000 is for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act;CommentsClose CommentsPermalink
(11) not to exceed $28,200,000 is for program management and administration;CommentsClose CommentsPermalink
(12) $20,000,000 is for grants under section 1701 of title I of the 1968 Act (
(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:CommentsClose CommentsPermalink
(A) $4,162,000 is for sex offender management assistance as authorized by the Adam Walsh Child Protection and Safety Act of 2006 (
(B) $850,000 is for the National Sex Offender Public Registry.CommentsClose CommentsPermalink
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 (
(1) $658,000 for concentration of Federal efforts, as authorized by section 204 of the 1974 Act;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) $93,835,000 for grants and projects, as authorized by sections 261 and 262 of the 1974 Act;CommentsClose CommentsPermalink
(4) $70,000,000 for youth mentoring grants;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) $14,100,000 shall be for the Tribal Youth Program;CommentsClose CommentsPermalink
(B) $18,800,000 shall be for a gang resistance education and training program; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(6) $15,040,000 for expenses authorized by part AA of the 1968 Act (Secure Our Schools);CommentsClose CommentsPermalink
(7) $16,920,000 for programs authorized by the Victims of Child Abuse Act of 1990; andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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,
SEC. 207. Notwithstanding any other provision of law,
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 212. (a)
(1) striking `and' in paragraph (8);CommentsClose CommentsPermalink
(2) striking the period in paragraph (9) and inserting `; and'; andCommentsClose CommentsPermalink
(3) adding the following new paragraph:CommentsClose CommentsPermalink
`(10) fines imposed under
(b)
`(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.'.CommentsClose CommentsPermalink
SEC. 213. (a)
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Each report submitted under subsection (a) shall include, for each conference described in that subsection held during the applicable quarter--CommentsClose CommentsPermalink
(1) a description of the subject of and number of participants attending that conference;CommentsClose CommentsPermalink
(2) a detailed statement of the costs to the Government relating to that conference, including--CommentsClose CommentsPermalink
(A) the cost of any food or beverages;CommentsClose CommentsPermalink
(B) the cost of any audio-visual services; andCommentsClose CommentsPermalink
(C) a discussion of the methodology used to determine which costs relate to that conference; andCommentsClose CommentsPermalink
(3) a description of the contracting procedures relating to that conference, including--CommentsClose CommentsPermalink
(A) whether contracts were awarded on a competitive basis for that conference; andCommentsClose CommentsPermalink
(B) a discussion of any cost comparison conducted by the Department of Justice in evaluating potential contractors for that conference.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 220. (a) Section 2996(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by inserting `, territories, and Indian tribes (as defined in section 2704)' after `to assist States'; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `and local' and inserting `, territorial, Tribal, and local';CommentsClose CommentsPermalink
(2) in paragraph (2), by inserting `, territories, and Indian tribes' after `make grants to States'; andCommentsClose CommentsPermalink
(3) in paragraph (3)(C), by inserting `, Tribal,' after `support State'.CommentsClose CommentsPermalink
(b) Section 755(a) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (
(c) Section 756 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (
(1) in subsection (a)(2), by inserting `, territorial, or Tribal' after `State';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by inserting `, territorial, or Tribal' after `State'; andCommentsClose CommentsPermalink
(ii) by striking `and/or' and inserting `or';CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting `, territory, Indian tribe,' after `agency of the State'; andCommentsClose CommentsPermalink
(ii) by inserting `, territory, Indian tribe,' after `criminal laws of that State'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(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 (
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (3), by striking `Indian Tribes' and inserting `Indian tribes'; andCommentsClose CommentsPermalink
(B) in paragraph (4)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(I) by striking `State's'; andCommentsClose CommentsPermalink
(II) by striking `and/or' and inserting `or';CommentsClose CommentsPermalink
(ii) in subparagraph (A), by striking `State';CommentsClose CommentsPermalink
(iii) in subparagraph (C), by inserting `, Indian tribes,' after `involved counties'; andCommentsClose CommentsPermalink
(iv) in subparagraph (D), by inserting `, Tribal' after `Federal, State'.CommentsClose CommentsPermalink
This title may be cited as the `Department of Justice Appropriations Act, 2008'.CommentsClose CommentsPermalink
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 (
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The proposed programmatic and non-programmatic construction of facilities.CommentsClose CommentsPermalink
(3) The budget for headquarters including--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) the travel budget for each office, and any division thereof, for the actual, current, and proposed funding level; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(A) tThe actual, current, proposed funding level, and estimated budgets for the next five fiscal years by directorate, theme, program, project, and activity;(B) The proposed.CommentsClose CommentsPermalink
(B) The proposed programmatic and non-programmatic construction of facilities;.CommentsClose CommentsPermalink
(C) The number of civil service full time equivalent positions per center for each identified fiscal year; and(D) The number of civil service full time equivalent positions considered to be .CommentsClose CommentsPermalink
(D) The number of civil service full time equivalent positions considered to be uncovered capacity at each location for each identified fiscal year.CommentsClose CommentsPermalink
(5) The proposed budget as designated by object class for each directorate, theme, and program.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Each report submitted shall include, for each conference described in that subsection held during the applicable quarter--CommentsClose CommentsPermalink
(1) a description of the number of and purpose of participants attending that conference or meeting;CommentsClose CommentsPermalink
(2) a detailed statement of the costs to the Government relating to that conference or meeting, including--CommentsClose CommentsPermalink
(A) the cost of any food or beverages;CommentsClose CommentsPermalink
(B) the cost of any audio-visual services;CommentsClose CommentsPermalink
(C) the cost of all related travel; andCommentsClose CommentsPermalink
(D) a discussion of the methodology used to determine which costs relate to that conference or meeting; andCommentsClose CommentsPermalink
(3) a description of the contracting procedures relating to that conference or meeting, including--CommentsClose CommentsPermalink
(A) whether contracts were awarded on a competitive basis; andCommentsClose CommentsPermalink
(B) a discussion of any cost comparison conducted by the National Aeronautics and Space Administration in evaluating potential contractors for any conference or meeting.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) the itemized expenses paid by the agency, including travel expenses and any agency expenditure to otherwise support the conference;CommentsClose CommentsPermalink
(2) the primary sponsor of the conference;CommentsClose CommentsPermalink
(3) the location of the conference;CommentsClose CommentsPermalink
(4) in the case of a conference for which the agency was the primary sponsor, a statement that--CommentsClose CommentsPermalink
(A) justifies the location selected;CommentsClose CommentsPermalink
(B) demonstrates the cost efficiency of the location;CommentsClose CommentsPermalink
(C) the date of the conference;CommentsClose CommentsPermalink
(D) a brief explanation how the conference advanced the mission of the agency; andCommentsClose CommentsPermalink
(E) the total number of individuals who travel or attendance at the conference was paid for in part or full by the agency.CommentsClose CommentsPermalink
In this provision, the term conference means a meeting that--CommentsClose CommentsPermalink
(1) is held for consultation, education, awareness, or discussion;CommentsClose CommentsPermalink
(2) includes participants who are not all employees of the same agency;CommentsClose CommentsPermalink
(3) is not held entirely at an agency facility;CommentsClose CommentsPermalink
(4) involves costs associated with travel and lodging for some participants; andCommentsClose CommentsPermalink
(5) is sponsored by 1 or more agencies, 1 or more organizations that are not agencies, or a combination of such agencies or organizations.CommentsClose CommentsPermalink
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (
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 (
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 (
AGENCY OPERATIONS AND AWARD MANAGEMENT
For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950, as amended (
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
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.CommentsClose CommentsPermalink
This title may be cited as the `Science Appropriations Act, 2008'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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
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
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized by title II of
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 (
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
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 512. None of the funds appropriated pursuant to this Act or any other provision of law may be used for--CommentsClose CommentsPermalink
(1) the implementation of any tax or fee in connection with the implementation of sub
(2) any system to implement sub
SEC. 513. Notwithstanding any other provision of law, amounts deposited or available in the Fund established under
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) any matter described in
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The foregoing exemption from obtaining an export license--CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(2) does not permit the export without a license of--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(C) articles for export from Canada to another foreign destination.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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--CommentsClose CommentsPermalink
(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;CommentsClose CommentsPermalink
(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; orCommentsClose CommentsPermalink
(3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(2) program or project;CommentsClose CommentsPermalink
(3) Center; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 528. Section 605 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (
(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';CommentsClose CommentsPermalink
(2) in each of paragraphs (1), (2), (3), (4), and (6) by striking `2008' and inserting `2010'; andCommentsClose CommentsPermalink
(3) in paragraph (5) by striking `fiscal year 2008' and inserting `each of fiscal years 2008 through 2010'.CommentsClose CommentsPermalink
SEC. 529. Effective January 13, 2007, section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (
(1) by striking `association' in subsection (c)(4)(A)(iii) and inserting `association, among willing parties';CommentsClose CommentsPermalink
(2) by striking paragraph (2) of subsection (i);CommentsClose CommentsPermalink
(3) by striking `(1) IN GENERAL- ' in subsection (i) and resetting paragraph (1) as a full measure paragraph following `(i) TRANSITION RULES- '; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
Sec. 533. (a) Subsection (a) of section 315 of the National Aeronautics and Space Administration Act of 1958 (
(1) by striking `Notwithstanding any other provision of law, the Administrator' and inserting `The Administrator'; andCommentsClose CommentsPermalink
(2) by striking `any real property' and inserting `any non-excess real property and related personal property'; andCommentsClose CommentsPermalink
(3) by striking `at no more than two (2) National Aeronautics and Space Administration (NASA) centers'.CommentsClose CommentsPermalink
(b) Subsection (b) of such section is amended--CommentsClose CommentsPermalink
(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.';CommentsClose CommentsPermalink
(2) by striking paragraph (2);CommentsClose CommentsPermalink
(3) by redesignating paragraph (3) as paragraph (2); andCommentsClose CommentsPermalink
(4) in paragraph (2), as redesignated by paragraph (3) of this subsection--CommentsClose CommentsPermalink
(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'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(C) Amounts utilized under subparagraph (B) may not be utilized for daily operating costs.'.CommentsClose CommentsPermalink
(c) Subsection (e) of such section is amended--CommentsClose CommentsPermalink
(1) by striking `Lease Restrictions- NASA' and inserting the following: `Lease Restrictions-CommentsClose CommentsPermalink
`(1) NASA'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(d) Such section is further amended by adding at the end the following new subsection (f):CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(e) The heading of such section is amended by striking `Enhanced-use lease of real property demonstration' and inserting `Lease of non-excess property'.CommentsClose CommentsPermalink
(f) This section shall become effective on December 31, 2008.CommentsClose CommentsPermalink
SEC. 534. The Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet websites--CommentsClose CommentsPermalink
(1) a direct link to the Internet websites of their Offices of Inspectors General; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 536. This section may be cited as the `ED 1.0 Act'.CommentsClose CommentsPermalink
(a) In this section:CommentsClose CommentsPermalink
(1) The term `Administrator' means the Administrator of the National Telecommunications and Information Administration.CommentsClose CommentsPermalink
(2) The term `eligible educational institution' means an institution that is--CommentsClose CommentsPermalink
(A) a historically Black college or university;CommentsClose CommentsPermalink
(B) a Hispanic-serving institution as that term is defined in section 502(a)(5) of the Higher Education Act of 1965 (
(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 (
(D) an Alaska Native-serving institution as that term is defined in section 317(b)(2) of the Higher Education Act of 1965 (
(E) a Native Hawaiian-serving institution as that term is defined in section 317(b)(4) of the Higher Education Act of 1965 (
(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 (
(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).CommentsClose CommentsPermalink
(B)(i) The Administrator shall award a total of 9 grants under this subsection.CommentsClose CommentsPermalink
(ii) The Administrator shall make grant payments under this subsection in the amount of $500,000.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(iii) that has an unemployment rate of 7 percent or greater;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(v) that has a negative population growth rate; orCommentsClose CommentsPermalink
(vi) that has a family income of not more than $32,000.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(3) An eligible educational institution receiving a grant under this subsection may use the grant funds--CommentsClose CommentsPermalink
(A) to acquire equipment, instrumentation, networking capability, hardware, software, digital network technology, wireless technology, or wireless infrastructure;CommentsClose CommentsPermalink
(B) to develop and provide educational services, including faculty development; orCommentsClose CommentsPermalink
(C) to develop strategic plans for information technology investments.CommentsClose CommentsPermalink
(4) The Administrator shall not require an eligible educational institution to provide matching funds for a grant awarded under this subsection.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) There are authorized to be appropriated to carry out this section $4,500,000 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
(d) The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws;CommentsClose CommentsPermalink
(2) to avoid agreements that--CommentsClose CommentsPermalink
(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; orCommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 539. Section 2301 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (
SEC. 540. Section 504(a)(11)(E) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (
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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Economic and Statistical Analysis
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading from prior year appropriations, $800,000 are rescinded.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading, $7,400,000 are rescinded.CommentsClose CommentsPermalink
JUSTICE INFORMATION SHARING TECHNOLOGY
(RESCISSION)
Of the unobligated balances available under this heading, $5,000,000 are rescinded.CommentsClose CommentsPermalink
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading, $41,000,000 are rescinded.CommentsClose CommentsPermalink
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
(RESCISSION)
Of the unobligated balances available under this heading, $1,300,000 are rescinded.CommentsClose CommentsPermalink
DETENTION TRUSTEE
(RESCISSION)
Of the unobligated balances available under this heading, $145,000,000 are rescinded.CommentsClose CommentsPermalink
Legal Activities
ASSETS FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading, $240,000,000 are rescinded.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Of the unobligated funds previously appropriated from the Violent Crime Reduction Trust Fund under this heading, $10,278,000 are rescinded.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
This Act may be cited as the `Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For the Office of the Assistant Secretary of the Army (Civil Works) as authorized by
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) creates or initiates a new program, project, or activity;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM- Reprogramming of up to 15 percent of the base of the receiving project is permitted.CommentsClose CommentsPermalink
(b) CONTINUING AUTHORITIES PROGRAM- Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 108. Notwithstanding section 729 of the Water Resources Development Act of 1986, as amended (
SEC. 109. Section 121 of the Energy and Water Development Appropriations Act, 2006 (
`(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 (
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.CommentsClose CommentsPermalink
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.'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 113. Section 227 of
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 116. The last sentence of section 215(a) of the Flood Control Act of 1968 (
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.CommentsClose CommentsPermalink
(b) NON-FEDERAL SHARE-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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, (
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.CommentsClose CommentsPermalink
SEC. 119. Section 219(f) of the Water Resources Development Act of 1992 (
`(71) CORONADO, CALIFORNIA.CommentsClose CommentsPermalink
`(A) $10,000,000 is authorized for wastewater infrastructure, Coronado, California.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.'CommentsClose CommentsPermalink
SEC. 120. NAVAJO RESERVATION, ARIZONA, NEW MEXICO, AND UTAH- Section 520(b) of the Water Resources Development Act of 1999 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 124. Funds provided in title V, chapter 3 of
SEC. 125. The project for flood control, Cedar Hammock (Wares Creek), Florida, authorized by section 101(a)(10) of
SEC. 126. Section 156 of
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 (
SEC. 128. Section 3020 of the Water Resources Development Act of 2007,
SEC. 129. Notwithstanding provisions of
SEC. 130. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA. Section 101(a)(1)(B) of the Water Resources Development Act of 1996 (
`(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.'.CommentsClose CommentsPermalink
SEC. 131. WHITE RIVER NAVIGATION TO BATESVILLE, ARKANSAS. The project for navigation, White River Navigation to Batesville, Arkansas, as authorized in
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--CommentsClose CommentsPermalink
(1) the landfill is used solely for the disposal of--CommentsClose CommentsPermalink
(A) wastes generated from the combustion or gasification of coal,CommentsClose CommentsPermalink
(B) wastes consisting of byproducts from pollution control technology installed to comply with the Clean Air Act, orCommentsClose CommentsPermalink
(C) both of such types of wastes.CommentsClose CommentsPermalink
(2) the landfill is owned by the waste generator or any affiliated person, andCommentsClose CommentsPermalink
(3) the facility at which the wastes are generated is located in the same watershed as the landfill.CommentsClose CommentsPermalink
(b) Definitions- For purposes of this section:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) a flow data set for the respective river basin updated through the most recently completed calendar year; andCommentsClose CommentsPermalink
(3) an estimated projection of total water usage in the respective basins over the next 25 years.CommentsClose CommentsPermalink
SEC. 135. Title II, chapter 3 of
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
For fiscal year 2008, the Commission may use an amount not to exceed $1,500,000 for administrative expenses.CommentsClose CommentsPermalink
Bureau of Reclamation
The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation:CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 205. (a) Section 209 of the Energy and Water Development Appropriations Act, 2004 (
(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.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 206. In furtherance of section 529 of
SEC. 207. In carrying out section 2507 of
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 (
(1) acting through the Commissioner of Reclamation, shall use--CommentsClose CommentsPermalink
(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 (
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(D) $10,000,000 for--CommentsClose CommentsPermalink
(i) design and construction of the Derby Dam fish screen to allow passage of fish, including the cui-ui and Lahontan cutthroat trout; andCommentsClose CommentsPermalink
(ii) any improvements to Derby Dam necessary to make the fish screen operable;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(F) $6,000,000 for Lower Truckee River restoration projects identified by the cities of Reno and Sparks, Nevada, and Washoe County, Nevada;CommentsClose CommentsPermalink
(2) shall allocate $9,000,000 to a nonprofit conservation organization, acting in consultation with the Truckee Meadows Water Authority, for--CommentsClose CommentsPermalink
(A) the acquisition of land surrounding Independence Lake; andCommentsClose CommentsPermalink
(B) protection of the native fishery and water quality of Independence Lake;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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 (
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(9) shall allocate $1,000,000 to the Walker River Irrigation District--CommentsClose CommentsPermalink
(A) to plan and implement a weed control program to improve conveyance efficiency of water controlled by the Irrigation District; andCommentsClose CommentsPermalink
(B) to make improvements to water gauges controlled by the Irrigation District to enhance the water monitoring activities of the Irrigation District; andCommentsClose CommentsPermalink
(10) shall allocate $250,000 to Churchill County, Nevada, to provide testing of groundwater wells.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
SEC. 209. Section 10(a) of the Mni Wiconi Project Act of 1988 (
SEC. 210. INLAND EMPIRE AND CUCAMONGA VALLEY RECYCLING PROJECTS. The Reclamation Wastewater and Groundwater Study and Facilities Act (
`SEC. 16XX. 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).CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(c) Limitation- Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a).CommentsClose CommentsPermalink
`(ad) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $20,000,000.CommentsClose CommentsPermalink
`SEC. 16XX. 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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(c) Limitation- Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a).CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $10,000,000.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(c) CONFORMING AMENDMENTS- The table of sections in section 2 of
`16XX. Inland Empire Regional Water Recycling Program.CommentsClose CommentsPermalink
`16XX. Cucamonga Valley Water Recycling Project.'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 212. Section 3507(b) of
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--CommentsClose CommentsPermalink
(1) the expiration of the 2-year period beginning on the date on which the contract would expire but for this section; orCommentsClose CommentsPermalink
(2) the date on which a new long-term water contract is executed by the parties to the contract listed in subsection (b).CommentsClose CommentsPermalink
SEC. 214. SOUTHERN CALIFORNIA DESERT REGION INTEGRATED WATER AND ECONOMIC SUSTAINABILITY PLAN. (a) IN GENERAL- The Reclamation Wastewater and Groundwater Study and Facilities Act (
`SEC. 16XX. 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'.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section, $20,000,000.'.CommentsClose CommentsPermalink
(b) CONFORMING AMENDMENT- The table of sections in section 2 of
`16XX. Southern California desert region integrated water and economic sustainability plan.'.CommentsClose CommentsPermalink
(c) LIMITATION- The Secretary shall not provide funds for the operation or maintenance of a project authorized by this section.CommentsClose CommentsPermalink
(d) CREDITS TOWARD NON-FEDERAL SHARE- For purposes of subparagraphsection (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.CommentsClose CommentsPermalink
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 (
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 (
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 (
Legacy Management
For Department of Energy expenses for Legacy Management activities, $34,183,000, to remain available until expended.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy Information Administration, $96,337,000, to remain available until expended.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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 (
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982,
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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 (
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 (
Naval Reactors
For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (
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.CommentsClose CommentsPermalink
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 (
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 (
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund, established pursuant to
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 (
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 (
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 (
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
(b) The term `competitive procedures' has the meaning provided in section 4 of the Office of Federal Procurement Policy Act (
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 303. WORKFORCE RESTRUCTURING. None of the funds appropriated by this Act may be used to--CommentsClose CommentsPermalink
(1) develop or implement a workforce restructuring plan that covers employees of the Department of Energy; orCommentsClose CommentsPermalink
(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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 312. (a) Across-the-Board Rescissions- There is hereby rescinded--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Definitions- For purposes of this section:CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(2) The term `other budget authority' means an amount equal to all discretionary budget authority, less the amount provided for congressionally directed projects.CommentsClose CommentsPermalink
(c) Proportionate Application to Other Programs, Projects, and Activities- Any rescission made by subsection (a)(2) shall be applied proportionately--CommentsClose CommentsPermalink
(1) to each discretionary account; andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by
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.CommentsClose CommentsPermalink
General Provision, Independent Agencies
SEC. 401. Section 2(f)(2) of the Tennessee Valley Authority Act of 1933 (
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
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.CommentsClose CommentsPermalink
This division may be cited as the `Energy and Water Development and Related Agencies Appropriations Act, 2008'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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,
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to
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
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial Institutions Act of 1994 (
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
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 (
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 (
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
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For expenses necessary to implement the health insurance tax credit included in the Trade Act of 2002 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 105.
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'.CommentsClose CommentsPermalink
SEC. 107.
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 115. Section 122(g)(1) of
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
SEC. 119.
`(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
This title may be cited as the `Department of the Treasury Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
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
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
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
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.CommentsClose CommentsPermalink
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 (
Office of Policy Development
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Development, including services as authorized by
National Security Council
SALARIES AND EXPENSES
For necessary expenses of the National Security Council, including services as authorized by
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 (
Office of Administration
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration, including services as authorized by
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
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 (
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 (
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.CommentsClose CommentsPermalink
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 (
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
This title may be cited as the `Executive Office of the President Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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).CommentsClose CommentsPermalink
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 (
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).CommentsClose CommentsPermalink
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by
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 (
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
Federal Judicial Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as authorized by
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers' Retirement Fund, as authorized by
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 305. Pursuant to section 140 of
SEC. 306.
SEC. 307. In accordance with
SEC. 308.
SEC. 309. Section 203(c) of the Judicial Improvements Act of 1990 (
(1) in the third sentence (relating to the District of Kansas), by striking `16 years' and inserting `17 years';CommentsClose CommentsPermalink
(2) in the sixth sentence (relating to the Northern District of Ohio), by striking `15 years' and inserting `17 years'.CommentsClose CommentsPermalink
This title may be cited as the `Judiciary Appropriations Act, 2008'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
District of Columbia Funds
The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act, approved November 2, 2000 (114 Stat. 2440; D.C. Official Code, section. 1-204.50a) and provisions of this Act: The total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2008 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $9,773,775,000 (of which $6,111,623,000 (including $348,929,000 from dedicated taxes) shall be from local funds, $2,015,854,000 shall be from Federal grant funds, $1,637,736,000 shall be from other funds, and $8,562,000 shall be from private funds), in addition, $114,905,000 from funds previously appropriated in this Act as Federal payments: Provided further, That of the local funds, $339,989,000 shall be derived from the District's general fund balance: Provided further, That of these funds the District's intradistrict authority shall be $648,290,000: in addition for capital construction projects there is appropriated an increase of $1,607,703,000, of which $1,042,712,000 shall be from local funds, $38,523,000 from the District of Columbia Highway Trust Fund, $73,260,000 from the Local Street Maintenance fund, $75,000,000 from revenue bonds, $150,000,000 from financing for construction of a consolidated laboratory facility, $42,200,000 for construction of a baseball stadium, $186,008,000 from Federal grant funds, and a rescission of $212,696,000 from local funds appropriated under this heading in prior fiscal years, for a net amount of $1,395,007,000, to remain available until expended: Provided further, That the amounts provided under this heading are to be subject to the provisions of and allocated and expended as proposed under `Title III--District of Columbia Funds Summary of Expenses' of the Fiscal Year 2008 Proposed Budget and Financial Plan submitted to the Congress of the United States by the District of Columbia on June 7, 2007 as amended on June 29, 2007 and such title is hereby incorporated by reference as though set forth fully herein: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act approved December 24, 1973 (87 Stat. 777; D.C. Official Code S, 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.CommentsClose CommentsPermalink
This title may be cited as the `District of Columbia Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
election reform programs
For necessary expenses to carry out programs under the Help America Vote Act of 2002 (
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.CommentsClose CommentsPermalink
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 (
(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:CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(2) An assurance that the State will comply with all requests made by the Commission for the compilation and submission of the data.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(4) Such other information and assurances as the Commission may require.CommentsClose CommentsPermalink
(c) Timing of Grants; Availability-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) AVAILABILITY OF FUNDS- Amounts provided by a grant under the program shall remain available without fiscal year limitation until expended.CommentsClose CommentsPermalink
(d) Report to Congress-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by
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 (
New Construction:CommentsClose CommentsPermalink
California:CommentsClose CommentsPermalink
San Ysidro, Land Port of Entry, $37,742,000.CommentsClose CommentsPermalink
Illinois:CommentsClose CommentsPermalink
Rockford, United States Courthouse, $58,792,000.CommentsClose CommentsPermalink
Maryland:CommentsClose CommentsPermalink
Montgomery County, Food and Drug Administration Consolidation, $57,749,000.CommentsClose CommentsPermalink
Minnesota:CommentsClose CommentsPermalink
Warroad, Land Port of Entry, $43,628,000.CommentsClose CommentsPermalink
Missouri:CommentsClose CommentsPermalink
Jefferson City, United States Courthouse, $66,000,000.CommentsClose CommentsPermalink
Vermont:CommentsClose CommentsPermalink
Derby Line, Land Port of Entry, $33,139,000.CommentsClose CommentsPermalink
Nonprospectus Construction, $9,398,000; andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
Arizona:CommentsClose CommentsPermalink
San Luis, Land Port of Entry I, $7,053,000.CommentsClose CommentsPermalink
California:CommentsClose CommentsPermalink
San Ysidro, Land Port of Entry, $161,437,000.CommentsClose CommentsPermalink
Maine:CommentsClose CommentsPermalink
Madawaska, Land Port of Entry, $17,160,000.CommentsClose CommentsPermalink
New York:CommentsClose CommentsPermalink
Alexandria Bay, Land Port of Entry, $11,676,000.CommentsClose CommentsPermalink
Texas:CommentsClose CommentsPermalink
El Paso, Tornillo-Guadalupe, Land Port of Entry, $4,290,000.CommentsClose CommentsPermalink
Donna/Rio Bravo International Bridge, Land Port of Entry, $23,384,000:CommentsClose CommentsPermalink
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
Repairs and Alterations:CommentsClose CommentsPermalink
District of Columbia:CommentsClose CommentsPermalink
Eisenhower Executive Office Building, Phase III, $121,204,000.CommentsClose CommentsPermalink
Joint Operations Center, $12,800,000.CommentsClose CommentsPermalink
Nebraska Avenue Complex, $27,673,000.CommentsClose CommentsPermalink
Nevada:CommentsClose CommentsPermalink
Reno, C. Clifton Young Federal Building and Courthouse, $12,793,000.CommentsClose CommentsPermalink
New York:CommentsClose CommentsPermalink
New York, Thurgood Marshall United States Courthouse, $170,544,000.CommentsClose CommentsPermalink
West Virginia:CommentsClose CommentsPermalink
Martinsburg Internal Revenue Service Enterprise Computing Center, $35,822,000.CommentsClose CommentsPermalink
Special Emphasis Programs:CommentsClose CommentsPermalink
Energy Program, $15,000,000.CommentsClose CommentsPermalink
Design Program, $7,372,000.CommentsClose CommentsPermalink
Basic Repairs and Alterations, $318,953,000:CommentsClose CommentsPermalink
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 (
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
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
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and service authorized by
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.CommentsClose CommentsPermalink
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
(INCLUDING TRANSFER OF FUNDS)
For carrying out the provisions of the Act of August 25, 1958 (
FEDERAL CITIZEN INFORMATION CENTER FUND
For necessary expenses of the Federal Citizen Information Center, including services authorized by
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 (
SEC. 521. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
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 (
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program as authorized by
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
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission, including services as authorized by
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
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 532. (a) Funds made available under section 613 of
(b) Funds made available under section 613 of
SEC. 533.
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).CommentsClose CommentsPermalink
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
United States Tax Court
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other services as authorized by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 604. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(2) such request is required due to extraordinary circumstances involving national security.CommentsClose CommentsPermalink
SEC. 613. The cost accounting standards promulgated under section 26 of the Office of Federal Procurement Policy Act (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
Sec. 619. Notwithstanding section 10(b) of the Harry S Truman Memorial Scholarship Act (
SEC. 620. Notwithstanding
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.CommentsClose CommentsPermalink
SEC. 622.
`(r) Redesign and Issuance of Circulating Quarter Dollar Honoring the District of Columbia and Each of the Territories-CommentsClose CommentsPermalink
`(1) Redesign in 2009-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; andCommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(3) SELECTION OF DESIGN-CommentsClose CommentsPermalink
`(A) IN GENERAL- Each of the 6 designs required under this subsection for quarter dollars shall be--CommentsClose CommentsPermalink
`(i) selected by the Secretary after consultation with--CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(II) the Commission of Fine Arts; andCommentsClose CommentsPermalink
`(ii) reviewed by the Citizens Coinage Advisory Committee.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(5) ISSUANCE-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(6) OTHER PROVISIONS-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
SEC. 623. (a) In General-
(1) in subparagraph (C)(i)--CommentsClose CommentsPermalink
(A) by striking `inscriptions' and inserting `inscription'; andCommentsClose CommentsPermalink
(B) by striking `and `In God We Trust'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(F) INSCRIPTION OF `IN GOD WE TRUST'- The design on the obverse or the reverse shall bear the inscription `In God We Trust'.'.CommentsClose CommentsPermalink
(b) Conforming Amendment-
(1) in subparagraph (C)(i)--CommentsClose CommentsPermalink
(A) by striking `inscriptions' and inserting `inscription'; andCommentsClose CommentsPermalink
(B) by striking `and `In God We Trust'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(E) INSCRIPTION OF `IN GOD WE TRUST'- The design on the obverse or the reverse shall bear the inscription `In God We Trust'.'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 624. There is hereby appropriated $600,000, to remain available until expended, for the Christopher Columbus Fellowship Foundation, established by Section 423 of
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.CommentsClose CommentsPermalink
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 (
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
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
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 (
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.CommentsClose CommentsPermalink
(3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
(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; andCommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the percentage adjustment taking effect in fiscal year 2008 under
(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.CommentsClose CommentsPermalink
(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) This section shall apply with respect to pay for service performed after September 30, 2007.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 714. Notwithstanding
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
(b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from--CommentsClose CommentsPermalink
(1) the Central Intelligence Agency;CommentsClose CommentsPermalink
(2) the National Security Agency;CommentsClose CommentsPermalink
(3) the Defense Intelligence Agency;CommentsClose CommentsPermalink
(4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;CommentsClose CommentsPermalink
(5) the Bureau of Intelligence and Research of the Department of State;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(7) the Director of National Intelligence or the Office of the Director of National Intelligence.CommentsClose CommentsPermalink
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 (
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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;CommentsClose CommentsPermalink
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;CommentsClose CommentsPermalink
(3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace.CommentsClose CommentsPermalink
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.CommentsClose CommentsPermalink
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;
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 724. (a) In this section, the term `agency'--CommentsClose CommentsPermalink
(1) means an Executive agency, as defined under
(2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission; andCommentsClose CommentsPermalink
(3) shall not include the Government Accountability Office.CommentsClose CommentsPermalink
(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
SEC. 725. Notwithstanding
SEC. 726. Notwithstanding
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.CommentsClose CommentsPermalink
SEC. 728. Notwithstanding
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.CommentsClose CommentsPermalink
Sec. 730. Section 403(f) of the Government Management Reform Act of 1994 (
`(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.'.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) EXCEPTIONS- The limitations established in subsection (a) shall not apply to--CommentsClose CommentsPermalink
(1) any record of aggregate data that does not identify particular persons;CommentsClose CommentsPermalink
(2) any voluntary submission of personally identifiable information;CommentsClose CommentsPermalink
(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) DEFINITIONS- For the purposes of this section:CommentsClose CommentsPermalink
(1) The term `regulatory' means agency actions to implement, interpret or enforce authorities provided in law.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Nothing in this section shall apply to a contract with--CommentsClose CommentsPermalink
(1) any of the following religious plans:CommentsClose CommentsPermalink
(A) Personal Care's HMO; andCommentsClose CommentsPermalink
(B) OSF HealthPlans, Inc.; andCommentsClose CommentsPermalink
(2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the amount of funding contributed to each initiative by program office, bureau, or activity, as appropriate; andCommentsClose CommentsPermalink
(2) the relevance of that use to that department or agency and each bureau or office within, which is contributing funds.CommentsClose CommentsPermalink
(d) The report in (a) and justification materials in (b) shall include at a minimum--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 738. Notwithstanding
SEC. 739. (a) Requirement for Public-Private Competition-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; orCommentsClose CommentsPermalink
(ii) $10,000,000; andCommentsClose CommentsPermalink
(C) the contractor does not receive an advantage for a proposal that would reduce costs for the Federal Government by--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) This paragraph shall not apply to--CommentsClose CommentsPermalink
(A) the Department of Defense;CommentsClose CommentsPermalink
(B)
(C) a commercial or industrial type function that--CommentsClose CommentsPermalink
(i) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act (
(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;CommentsClose CommentsPermalink
(D) depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code; orCommentsClose CommentsPermalink
(E) activities that are the subject of an ongoing competition that was publicly announced prior to the date of enactment of this Act.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Bid Protests by Federal Employees in Actions Under Office of Management and Budget Circular A-76-CommentsClose CommentsPermalink
(1) Eligibility to protest-CommentsClose CommentsPermalink
(A)
`(2) The term `interested party'--CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(i) any official who submitted the agency tender in such competition; andCommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(B)(i) Subchapter V of chapter 35 of such title is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`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.'.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
`3557. Expedited action in protests for public-private competitions'.CommentsClose CommentsPermalink
(2) Right to intervene in civil action-
`(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.'.CommentsClose CommentsPermalink
(3) APPLICABILITY- Subparagraph (B) of
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) LIMITATION- (1) None of the funds available in this Act may be used--CommentsClose CommentsPermalink
(A) by the Office of Management and Budget to direct or require another agency to take an action specified in paragraph (2); orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) APPLICABILITY- This section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.CommentsClose CommentsPermalink
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
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 742. (a) None of the funds made available in this Act may be used in contravention of
(b) Section 522 of division H of the Consolidated Appropriations Act, 2005 (
`(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,
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 (
`(G) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.':CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 744. Crosscut Budget. (a) DefinitionsEFINITIONS- For purposes of this section the following definitions apply:CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) an interagency budget crosscut report that--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities.CommentsClose CommentsPermalink
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 (
(b) WAIVERS-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) REPORT TO CONGRESS- Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The report required by this section shall address the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) An estimate of the total transition costs attributable to the initiative.CommentsClose CommentsPermalink
(5) Guidance for use by agencies in evaluating the benefits of the initiative and in developing alternative strategies should expected benefits fail to materialize.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 749. Except as expressly provided otherwise, any reference to `this Act' contained in any title other than title IV or VIII shall not apply to such titles IV or VIII.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The District of Columbia may use local funds provided in this title to carry out lobbying activities on any matter.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) creates new programs;CommentsClose CommentsPermalink
(2) eliminates a program, project, or responsibility center;CommentsClose CommentsPermalink
(3) establishes or changes allocations specifically denied, limited or increased under this Act;CommentsClose CommentsPermalink
(4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;CommentsClose CommentsPermalink
(5) reestablishes any program or project previously deferred through reprogramming;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center,CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 806. Consistent with the provisions of
SEC. 807. Notwithstanding
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b)(1) No such Federal, private, or other grant may be obligated, or expended pursuant to subsection (a) until--CommentsClose CommentsPermalink
(A) the Chief Financial Officer of the District of Columbia submits to the Council a report setting forth detailed information regarding such grant; andCommentsClose CommentsPermalink
(B) the Council has reviewed and approved the obligation, and expenditure of such grant.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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); orCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(4) the Mayor of the District of Columbia; andCommentsClose CommentsPermalink
(5) the Chairman of the Council of the District of Columbia.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(5) improvement in basic District services, including rat control and abatement;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(7) indicators of child well-being.CommentsClose CommentsPermalink
SEC. 818. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer of the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, section. 1-204.42), for all agencies of the District of Columbia government for fiscal year 2008 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 819. (a) None of the funds contained in this Act may be made available to pay--CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(b) In this section, the term `action' includes an administrative proceeding and any ensuing or related proceedings before a court of competent jurisdiction.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The District of Columbia may only use these funds for the following expenditures:CommentsClose CommentsPermalink
(A) One-time expenditures.CommentsClose CommentsPermalink
(B) Expenditures to avoid deficit spending.CommentsClose CommentsPermalink
(C) Debt Reduction.CommentsClose CommentsPermalink
(D) Program needs.CommentsClose CommentsPermalink
(E) Expenditures to avoid revenue shortfalls.CommentsClose CommentsPermalink
(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each such obligation or expenditure.CommentsClose CommentsPermalink
(4) The amounts may not be used to fund the agencies of the District of Columbia government under court ordered receivership.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) The Chief Financial Officer of the District of Columbia shall certify--CommentsClose CommentsPermalink
(A) the increase in revenue; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) The amounts may not be used to fund any agencies of the District government operating under court-ordered receivership.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
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 (
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.'.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(e) EFFECTIVE DATE- The amendments made by this section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
This division may be cited as the `Financial Services and General Government Appropriations Act, 2008'.CommentsClose CommentsPermalink
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 (
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 (
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 (
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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(4) an identification of staffing (including full-time equivalents, contractors, and detailees) requirements by activity;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(15) is reviewed by the Government Accountability Office:CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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 (
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) presents a methodology U.S. Immigration and Customs Enforcement will use to identify and prioritize for removal criminal aliens convicted of violent crimes;CommentsClose CommentsPermalink
(4) defines the activities, milestones, and resources for implementing the strategy and process described in sections (1) and (2); andCommentsClose CommentsPermalink
(5) includes program measurements for progress in implementing the strategy and process described in sections (1) and (2):CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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').CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals, $769,500,000.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
(1) defines activities, milestones, yearly costs, and lifecycle costs for each procurement of a major asset, including an independent cost estimate for each;CommentsClose CommentsPermalink
(2) identifies lifecycle staffing and training needs of Coast Guard project managers and of procurement and contract staff;CommentsClose CommentsPermalink
(3) identifies competition to be conducted in each procurement;CommentsClose CommentsPermalink
(4) describes procurement plans that do not rely on a single industry entity or contract;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(6) contains very limited indefinite delivery/indefinite quantity contracts and explains the need for any indefinite delivery/indefinite quantity contracts;CommentsClose CommentsPermalink
(7) identifies individual project balances by fiscal year, including planned carryover into fiscal year 2009 by project;CommentsClose CommentsPermalink
(8) identifies operational gaps by asset and explains how funds provided in this Act address the shortfalls between current operational capabilities and requirements;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(11) identifies use of the Defense Contract Auditing Agency;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(13) identifies the use of independent validation and verification; andCommentsClose CommentsPermalink
(14) is reviewed by the Government Accountability Office:CommentsClose CommentsPermalink
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
(1) the proposed appropriation included in that budget;CommentsClose CommentsPermalink
(2) the total estimated cost of completion;CommentsClose CommentsPermalink
(3) projected funding levels for each fiscal year for the next five fiscal years or until project completion, whichever is earlier;CommentsClose CommentsPermalink
(4) an estimated completion date at the projected funding levels; andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
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
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act (
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 (
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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 (
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(11) a detailed accounting of operation and maintenance, contractor services, and program costs associated with the management of identity services; andCommentsClose CommentsPermalink
(12) is reviewed by the Government Accountability Office.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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:CommentsClose CommentsPermalink
(1) $950,000,000 shall be for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 (
(2) $820,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (
(3) $35,000,000 shall be for Regional Catastrophic Preparedness Grants;.CommentsClose CommentsPermalink
(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 (
(5) $15,000,000 shall be for the Citizens Corps Program;CommentsClose CommentsPermalink
(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 (
(7) $400,000,000 shall be for Port Security Grants in accordance with
(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 (
(9) $16,000,000 shall be for Trucking Industry Security Grants;.CommentsClose CommentsPermalink
(10) $50,000,000 shall be for Buffer Zone Protection Program Grants;(11) .CommentsClose CommentsPermalink
(11) $50,000,000 shall be for grants under section 204 of the REAL ID Act of 2005 (
(12) $25,000,000 shall be for the Commercial Equipment Direct Assistance Program;(13) .CommentsClose CommentsPermalink
(13) $50,000,000 shall be for the Interoperable Emergency Communications Grant Program under section 1809 of the Homeland Security Act of 2002 (
(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 (
(15) $299,300,000 shall be for training, exercises, technical assistance, and other programs:CommentsClose CommentsPermalink
Provided, That not to exceed three3 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.CommentsClose CommentsPermalink
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the Federal Fire Prevention and Control Act of 1974 (
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 (
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 (
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 (
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) status of the Disaster Relief fund including obligations, allocations, and amounts undistributed/unallocated;CommentsClose CommentsPermalink
(2) allocations, obligations, and expenditures for Hurricanes Katrina, Rita, and Wilma and all open disasters;CommentsClose CommentsPermalink
(3) information on national flood insurance claims;CommentsClose CommentsPermalink
(4) obligations, allocations, and expenditures by State for unemployment, crisis counseling, inspections, housing assistance, manufactured housing, public assistance, and individual assistance;CommentsClose CommentsPermalink
(5) mission assignment obligations by agency, including:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(C) each such agency's actual obligation and expenditure data;CommentsClose CommentsPermalink
(6) the amount of credit card purchases by agency and mission assignment;CommentsClose CommentsPermalink
(7) specific reasons for all waivers granted and a description of each waiver;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(9) an estimate of when available appropriations will be exhausted, assuming an average disaster season:CommentsClose CommentsPermalink
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 (
(1) the detailed information required in supporting documentation for reimbursements, andCommentsClose CommentsPermalink
(2) the necessity for timeliness of agency billings.CommentsClose CommentsPermalink
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For activities under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
FLOOD MAP MODERNIZATION FUND
For necessary expenses under section 1360 of the National Flood Insurance Act of 1968 (
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of 1968 (
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 (
NATIONAL PREDISASTER MITIGATION FUND
For a predisaster mitigation grant program under title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
EMERGENCY FOOD AND SHELTER
To carry out an emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act (
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act (
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
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 517. Section 517(b) of the Department of Homeland Security Appropriations Act, 2007 (
`(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
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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
(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
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 (
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.CommentsClose CommentsPermalink
SEC. 521. Except as provided in
SEC. 522. Section 525(d) of the Department of Homeland Security Appropriations Act, 2007 (
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.CommentsClose CommentsPermalink
SEC. 524. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 527. Section 532(a) of
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 (
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 (
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 (
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).CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
SEC. 534. Section 550 of the Department of Homeland Security Appropriations Act, 2007 (
`(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.'.CommentsClose CommentsPermalink
Sec. 535. (a) Amendments Relating to the Civil Service Retirement System-CommentsClose CommentsPermalink
(1) DEFINITIONS-
(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'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS-
(A) in subsection (a)(1)(A), by striking `or nuclear materials courier,' and inserting `nuclear materials courier, or customs and border protection officer,'; andCommentsClose CommentsPermalink
(B) in the table contained in subsection (c), by adding at the end the following:CommentsClose CommentsPermalink
------------------------------------------------------------------CommentsClose CommentsPermalink
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------------------`Customs and border protection officer 7.5 After June 29, 2008.'. CommentsClose CommentsPermalink
------------------------------------------------------------------CommentsClose CommentsPermalink
---------(3) MANDATORY SEPARATION- The first sentence of
(4) IMMEDIATE RETIREMENT-
(A) in subsection (c)(1), by striking `or nuclear materials courier' and inserting `nuclear materials courier, or customs and border protection officer'; andCommentsClose CommentsPermalink
(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,'.CommentsClose CommentsPermalink
(b) Amendments Relating to the Federal Employees' Retirement System-CommentsClose CommentsPermalink
(1) DEFINITIONS-
(A) in paragraph (34), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (35), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(2) IMMEDIATE RETIREMENT- Paragraphs (1) and (2) of
(3) COMPUTATION OF BASIC ANNUITY-
(4) DEDUCTIONS FROM PAY- The table contained in
------------------------------------------------------------------CommentsClose CommentsPermalink
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`Customs and border protection officer 7.5 After June 29, 2008.'. CommentsClose CommentsPermalink
------------------------------------------------------------------CommentsClose CommentsPermalink
---------(5) GOVERNMENT CONTRIBUTIONS- Paragraphs (1)(B)(i) and (3) of
(6) MANDATORY SEPARATION-
(A) by striking `or nuclear materials courier who' and inserting `nuclear materials courier, or customs and border protection officer who'; andCommentsClose CommentsPermalink
(B) by striking `or nuclear materials courier,' and inserting `nuclear materials courier, or customs and border protection officer'.CommentsClose CommentsPermalink
(c) Maximum Age for Original Appointment-
`(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).'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Effective Date; Transition Rules-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) TRANSITION RULES-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(B) TREATMENT OF PRIOR CBPO SERVICE-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) to the extent that such service is subject to the Civil Service Retirement System, by applying
(ii) to the extent such service is subject to the Federal Employees' Retirement System, by applying
(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).CommentsClose CommentsPermalink
(3) ELECTION-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(C) ELECTION AVAILABLE TO INCUMBENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- An incumbent may elect, for all purposes, either--CommentsClose CommentsPermalink
(I) to be treated in accordance with the amendments made by subsection (a) or (b), as applicable; orCommentsClose CommentsPermalink
(II) to be treated as if subsections (a) and (b) had never been enacted.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) holds a position within U.S. Customs and Border Protection; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) This section does not apply to obligation of funds for a contract awarded--CommentsClose CommentsPermalink
(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 (
(2) under the Small Business Act (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 540.
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.CommentsClose CommentsPermalink
SEC. 542.
`(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.'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
SEC. 546. None of the funds provided in this Act shall be available to carry out section 872 of
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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
SEC. 551. RESCISSIONS. (a) The following unobligated balances made available pursuant to section 505 of
(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.CommentsClose CommentsPermalink
(c) Of the amounts available under the heading `Counterterrorism Fund', $8,480,000 are rescinded.CommentsClose CommentsPermalink
(d) Of the unobligated balances available in the `Department of Homeland Security, Transportation Security Administration Expenses' account, $4,500,000 are rescinded.CommentsClose CommentsPermalink
SEC. 552. Notwithstanding any other provision of law, the Secretary of Homeland Security shall, under the Federal Emergency Management Agency Public Assistance Program, provide a single payment for any eligible costs for local educational agencies impacted by Hurricanes Katrina or Rita within 30 days of such request: Provided, That the payment for schools in Louisiana shall be submitted to the Louisiana Department of Education, which may expend up to three percent of those funds for administrative 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.CommentsClose CommentsPermalink
SEC. 553. TECHNICAL CORRECTIONS. (a) In General-CommentsClose CommentsPermalink
(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 (
(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:CommentsClose CommentsPermalink
`555. Border tunnels and passages.'.CommentsClose CommentsPermalink
(b) Criminal Forfeiture-
(c) Directive to the United States Sentencing Commission- Section 551(d) of the Department of Homeland Security Appropriations Act, 2007 (
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'.CommentsClose CommentsPermalink
SEC. 555. Not later than 30 days after the date of enactment of this Act--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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 (
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--CommentsClose CommentsPermalink
(1) a controlled substance, as defined in section 102 of the Controlled Substances Act (
(2) a biological product, as defined in section 351 of the Public Health Service Act (
SEC. 559. None of the funds made available in this Act may be used by the Secretary of Homeland Security or any delegate of the Secretary to issue any rule or regulation which implements the Notice of Proposed Rulemaking related to Petitions for Aliens To Perform Temporary Nonagricultural Services or Labor (H-2B) set out beginning on 70 Federal Register. Reg. 3984 (January 27, 2005).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 563. SECURE HANDLING OF AMMONIUM NITRATE- (a) IN GENERAL- Title VIII of the Homeland Security Act of 2002 (
`Subtitle J--Secure Handling of Ammonium Nitrate
`SEC. 899A. DEFINITIONS.
`In this subtitle:CommentsClose CommentsPermalink
`(1) AMMONIUM NITRATE- The term `ammonium nitrate' means--CommentsClose CommentsPermalink
`(A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; andCommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(3) AMMONIUM NITRATE PURCHASER- The term `ammonium nitrate purchaser' means any person who purchases ammonium nitrate from an ammonium nitrate facility.CommentsClose CommentsPermalink
`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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(c) Registration of Owners of Ammonium Nitrate Facilities-CommentsClose CommentsPermalink
`(1) REGISTRATION- The Secretary shall establish a process by which any person that--CommentsClose CommentsPermalink
`(A) owns an ammonium nitrate facility is required to register with the Department; andCommentsClose CommentsPermalink
`(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.CommentsClose CommentsPermalink
`(2) REGISTRATION INFORMATION- Any person applying to register under paragraph (1) shall submit to the Secretary--CommentsClose CommentsPermalink
`(A) the name, address, and telephone number of each ammonium nitrate facility owned by that person;CommentsClose CommentsPermalink
`(B) the name of the person designated by that person as the point of contact for each such facility, for purposes of this subtitle; andCommentsClose CommentsPermalink
`(C) such other information as the Secretary may determine is appropriate.CommentsClose CommentsPermalink
`(d) Registration of Ammonium Nitrate Purchasers-CommentsClose CommentsPermalink
`(1) REGISTRATION- The Secretary shall establish a process by which any person that--CommentsClose CommentsPermalink
`(A) intends to be an ammonium nitrate purchaser is required to register with the Department; andCommentsClose CommentsPermalink
`(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.CommentsClose CommentsPermalink
`(2) REGISTRATION INFORMATION- Any person applying to register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary--CommentsClose CommentsPermalink
`(A) the name, address, and telephone number of the applicant; andCommentsClose CommentsPermalink
`(B) the intended use of ammonium nitrate to be purchased by the applicant.CommentsClose CommentsPermalink
`(e) Records-CommentsClose CommentsPermalink
`(1) MAINTENANCE OF RECORDS- The owner of an ammonium nitrate facility shall--CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(B) include in such record the information described in paragraph (2).CommentsClose CommentsPermalink
`(2) SPECIFIC INFORMATION REQUIRED- For each sale or transfer of ammonium nitrate, the owner of an ammonium nitrate facility shall--CommentsClose CommentsPermalink
`(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;CommentsClose CommentsPermalink
`(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;CommentsClose CommentsPermalink
`(C) record the date and quantity of ammonium nitrate sold or transferred; andCommentsClose CommentsPermalink
`(D) verify the identity of the persons described in subparagraphs (A) and (B), as applicable, in accordance with a procedure established by the Secretary.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(h) Data Confidentiality-CommentsClose CommentsPermalink
`(1) IN GENERAL- Notwithstanding
`(2) EXCEPTION- The Secretary may disclose any information obtained by the Secretary under this subtitle to--CommentsClose CommentsPermalink
`(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; orCommentsClose CommentsPermalink
`(B) to a State agency under section 899D, under appropriate arrangements to ensure the protection of the information.CommentsClose CommentsPermalink
`(i) Registration Procedures and Check of Terrorist Screening Database-CommentsClose CommentsPermalink
`(1) REGISTRATION PROCEDURES-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`(2) CHECK OF TERRORIST SCREENING DATABASE-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(3) EXPEDITED REVIEW OF APPLICATIONS-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(4) EXPEDITED APPEALS PROCESS-CommentsClose CommentsPermalink
`(A) REQUIREMENT-CommentsClose CommentsPermalink
`(i) APPEALS PROCESS- The Secretary shall establish an expedited appeals process for persons denied a registration number under this subtitle.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(B) CONSULTATION- The Secretary, in developing the appeals process under subparagraph (A), shall consult with appropriate stakeholders.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(6) REGISTRATION INFORMATION-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(7) RE-CHECKS AGAINST TERRORIST SCREENING DATABASE-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`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.CommentsClose CommentsPermalink
`SEC. 899D. ADMINISTRATIVE PROVISIONS.
`(a) Cooperative Agreements- The Secretary--CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(b) Delegation-CommentsClose CommentsPermalink
`(1) AUTHORITY- The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this subtitle.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(c) Provision of Guidance and Notification Materials to Ammonium Nitrate Facilities-CommentsClose CommentsPermalink
`(1) GUIDANCE- The Secretary shall make available to each owner of an ammonium nitrate facility registered under section 899B(c)(1) guidance on--CommentsClose CommentsPermalink
`(A) the identification of suspicious ammonium nitrate purchases or transfers or attempted purchases or transfers;CommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; andCommentsClose CommentsPermalink
`(ii) notifying appropriate law enforcement entities; andCommentsClose CommentsPermalink
`(C) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(3) NOTIFICATION MATERIALS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall make available materials suitable for posting at locations where ammonium nitrate is sold.CommentsClose CommentsPermalink
`(B) DESIGN OF MATERIALS- Materials made available under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of--CommentsClose CommentsPermalink
`(i) the record-keeping requirements under section 899B; andCommentsClose CommentsPermalink
`(ii) the penalties for violating such requirements.CommentsClose CommentsPermalink
`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.CommentsClose CommentsPermalink
`SEC. 899F. PROHIBITIONS AND PENALTY.
`(a) Prohibitions-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(3) OTHER PROHIBITIONS- No person shall--CommentsClose CommentsPermalink
`(A) purchase ammonium nitrate without a registration number required under subsection (c) or (d) of section 899B;CommentsClose CommentsPermalink
`(B) own or operate an ammonium nitrate facility without a registration number required under section 899B(c); orCommentsClose CommentsPermalink
`(C) fail to comply with any requirement or violate any other prohibition under this subtitle.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(c) Penalty Considerations- In determining the amount of a civil penalty under this section, the Secretary shall consider--CommentsClose CommentsPermalink
`(1) the nature and circumstances of the violation;CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(3) any other matter that the Secretary determines that justice requires.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`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
`(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.CommentsClose CommentsPermalink
`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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`SEC. 899I. DEADLINES FOR REGULATIONS.
`The Secretary--CommentsClose CommentsPermalink
`(1) shall issue a proposed rule implementing this subtitle not later than 6 months after the date of the enactment of this subtitle; andCommentsClose CommentsPermalink
`(2) issue a final rule implementing this subtitle not later than 1 year after such date of enactment.CommentsClose CommentsPermalink
`SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the Secretary--CommentsClose CommentsPermalink
`(1) $2,000,000 for fiscal year 2008; andCommentsClose CommentsPermalink
`(2) $10,750,000 for each of fiscal years 2009 through 2012.'.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
`Subtitle J--Secure Handling of Ammonium Nitrate
`Sec. 899A. Definitions.CommentsClose CommentsPermalink
`Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.CommentsClose CommentsPermalink
`Sec. 899C. Inspection and auditing of records.CommentsClose CommentsPermalink
`Sec. 899D. Administrative provisions.CommentsClose CommentsPermalink
`Sec. 899E. Theft reporting requirement.CommentsClose CommentsPermalink
`Sec. 899F. Prohibitions and penalty.CommentsClose CommentsPermalink
`Sec. 899G. Protection from civil liability.CommentsClose CommentsPermalink
`Sec. 899H. Preemption of other laws.CommentsClose CommentsPermalink
`Sec. 899I. Deadlines for regulations.CommentsClose CommentsPermalink
`Sec. 899J. Authorization of appropriations.'.CommentsClose CommentsPermalink
SEC. 564. IMPROVEMENT OF BARRIERS AT BORDER. (a) Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(1) in subsection (a), by striking `Attorney General, in consultation with the Commissioner of Immigration and Naturalization,' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the subsection heading, by striking `in the Border Area' and inserting `Along the Border';CommentsClose CommentsPermalink
(B) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the heading, by striking `SECURITY FEATURES' and inserting `ADDITIONAL FENCING ALONG SOUTHWEST BORDER'; andCommentsClose CommentsPermalink
(ii) by striking subparagraphs (A) through (C) and inserting the following:CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(B) PRIORITY AREAS- In carrying out this section, the Secretary of Homeland Security shall--CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(ii) not later than December 31, 2008, complete construction of reinforced fencing along the miles identified under clause (i).CommentsClose CommentsPermalink
`(C) CONSULTATION-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(ii) SAVINGS PROVISION- Nothing in this subparagraph may be construed to--CommentsClose CommentsPermalink
`(I) create or negate any right of action for a State, local government, or other person or entity affected by this subsection; orCommentsClose CommentsPermalink
`(II) affect the eminent domain laws of the United States or of any State.CommentsClose CommentsPermalink
`(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.'; andCommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
(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 (
SEC. 565. INTERNATIONAL REGISTERED TRAVELER PROGRAM. Section 7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (
`(3) INTERNATIONAL REGISTERED TRAVELER PROGRAM-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(E) PARTICIPATION- The Secretary shall ensure that the international registered traveler program includes as many participants as practicable by--CommentsClose CommentsPermalink
`(i) establishing a reasonable cost of enrollment;CommentsClose CommentsPermalink
`(ii) making program enrollment convenient and easily accessible; andCommentsClose CommentsPermalink
`(iii) providing applicants with clear and consistent eligibility guidelines.'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) REPORT- The Comptroller General shall submit a report to Congress that describes--CommentsClose CommentsPermalink
(1) any negotiations, plans, or designs conducted by officials of the Department of Homeland Security regarding the practice of shared border management; andCommentsClose CommentsPermalink
(2) the factors required to be in place for shared border management to be successful.CommentsClose CommentsPermalink
SEC. 567. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card.CommentsClose CommentsPermalink
SEC. 568. TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION MANAGEMENT POLICY. (a) IN GENERAL-
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.CommentsClose CommentsPermalink
(c) In this section--CommentsClose CommentsPermalink
(1) the term `Administrator' means the Administrator of the Federal Emergency Management Agency; andCommentsClose CommentsPermalink
(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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 572. Section 831(a) of the Homeland Security Act of 2002 (
SEC. 573. (a) RESCISSION- Of amounts previously made available from Federal Emergency Management Agency `Disaster Relief' to the State of Mississippi pursuantthe 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 (
(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).CommentsClose CommentsPermalink
TITLE VI
BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
SEC. 601. SHORT TITLE.CommentsClose CommentsPermalink
This title may be cited as the `Border Infrastructure and Technology Modernization Act of 2007'.CommentsClose CommentsPermalink
SEC. 602. DEFINITIONS- In this title:CommentsClose CommentsPermalink
(1) COMMISSIONER- The term `Commissioner' means the Commissioner of U.S. Customs and Border Protection of the Department of Homeland Security.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) NORTHERN BORDER- The term `northern border' means the international border between the United States and Canada.CommentsClose CommentsPermalink
(4) SECRETARY- The term `Secretary' means the Secretary of the Department of Homeland Security.CommentsClose CommentsPermalink
(5) SOUTHERN BORDER- The term `southern border' means the international border between the United States and Mexico.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) review--CommentsClose CommentsPermalink
(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
(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
(2) update the assessment of the infrastructure needs of all United States land ports of entry; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Content- Each updated study required in subsection (a) shall--CommentsClose CommentsPermalink
(1) identify port of entry infrastructure and technology improvement projects that would enhance border security and facilitate the flow of legitimate commerce if implemented;CommentsClose CommentsPermalink
(2) include the projects identified in the National Land Border Security Plan required by section 604; andCommentsClose CommentsPermalink
(3) prioritize the projects described in paragraphs (1) and (2) based on the ability of a project--CommentsClose CommentsPermalink
(A) to enhance the ability of U.S. Customs and Border Protection to achieve its mission and to support operations;CommentsClose CommentsPermalink
(B) to fulfill security requirements; andCommentsClose CommentsPermalink
(C) facilitate trade across the borders of the United States.CommentsClose CommentsPermalink
(d) Project Implementation- The Commissioner, as appropriate, shall--CommentsClose CommentsPermalink
(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); orCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Vulnerability Assessment-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) to assist in conducting a vulnerability assessment at such port; andCommentsClose CommentsPermalink
(B) to provide other assistance with the preparation of the plan required under subsection (a).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Demonstration Sites-CommentsClose CommentsPermalink
(1) NUMBER- The Commissioner shall carry out the demonstration program at not less than three sites and not more than five sites.CommentsClose CommentsPermalink
(2) LOCATION- Of the sites selected under subsection (c)--CommentsClose CommentsPermalink
(A) at least one shall be located on the northern border of the United States; andCommentsClose CommentsPermalink
(B) at least one shall be located on the southern border of the United States.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) have been established not more than 15 years before the date of the enactment of this Act;CommentsClose CommentsPermalink
(B) consist of not less than 65 acres, with the possibility of expansion onto not less than 25 adjacent acres; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Report-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
This division may be cited as the `Department of Homeland Security Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $6,476,000, to remain available until expended.CommentsClose CommentsPermalink
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and 318(d) of
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).CommentsClose CommentsPermalink
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in
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 (
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
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 (
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
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
Sums not to exceed one1 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
land acquisition
For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 (
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act,
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act, as amended, (
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Conservation Act (
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
CENTENNIAL CHALLENGE
For expenses necessary to carry out provisions of section 814(g) of
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.CommentsClose CommentsPermalink
historic preservation fund
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (
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
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2008 by
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (
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.CommentsClose CommentsPermalink
In addition to other uses set forth in section 407(d) of
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.CommentsClose CommentsPermalink
Section 3(f) of the Act of August 21, 1935 (
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
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
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 (
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.CommentsClose CommentsPermalink
administrative provisions
The eighth proviso under the heading of `Minerals Management Service' in division E, title I, of the Consolidated Appropriations Act, 2005 (
Notwithstanding the provisions of section 35(b) of the Mineral Leasing Act, as amended (
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,
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977,
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.CommentsClose CommentsPermalink
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 (
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Notwithstanding
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
Notwithstanding any other provision of law, no funds available to the Bureau, other than the amounts provided herein for assistance to public schools under
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 (
Notwithstanding
Notwithstanding any other provision of law, including section 113 of title I of appendix C of
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.CommentsClose CommentsPermalink
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 (
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
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $59,250,000.CommentsClose CommentsPermalink
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General, $44,572,000.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
Department-wide Programs
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20, 1976, as amended (
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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
SEC. 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 108. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
SEC. 116. Notwithstanding any other provision of law, including
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 120. Section 460ccc-4 of the Red Rock Canyon National Conservation Area Establishment Act authorization (
(1) in section (a)(1), by striking `with donated or appropriated funds';CommentsClose CommentsPermalink
(2) by striking section (a)(2);CommentsClose CommentsPermalink
(3) in section (a)(3), by striking `(3)' and replacing with `(2)'; andCommentsClose CommentsPermalink
(4) in section (a)(4), by striking `(4)' and replacing with `(3)'.CommentsClose CommentsPermalink
SEC. 121. Title
SEC. 122. Section 1077(c) of
SEC. 123. Section 144 of division E of
SEC. 124. Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (
(1) striking `Republic' both places it appears and inserting `government, institutions, and people';CommentsClose CommentsPermalink
(2) striking `2007' and inserting `2009'; andCommentsClose CommentsPermalink
(3) striking `was' and inserting `were'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 127. CORINTH UNIT OF SHILOH NATIONAL MILITARY PARK BOUNDARY EXPANSION. The Corinth Battlefield Preservation Act of 2000 (
(1) in section 3(1) (
(2) in section 4(b) (
`(1) approximately 950 acres, as generally depicted on the Map; and';CommentsClose CommentsPermalink
(3) in section 5(a) (
(4) by striking section 7 (
(5) by redesignating section 8 (
SEC. 128. In section 5(8) of
SEC. 129. CLARIFICATION OF CONCESSIONAIRE HISTORIC RIGHTS. (a) In implementing section 1307 of
(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.CommentsClose CommentsPermalink
(2) Gold panning outings in the Kantishna area new park additions, not to exceed 3 gold panning outings per week.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(4) Guided and unguided canoeing on Wonder Lake, including the storage of five canoes on Wonder Lake.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 130. Section 16 of the Colorado Ute Indian Water Rights Settlement Act of 1988 (
(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'; andCommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 gFederal Government and administered as part of the National Seashore.CommentsClose CommentsPermalink
SEC. 133. MESA VERDE NATIONAL PARK BOUNDARY CHANGE. (a) ACQUISITION OF LAND-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) AVAILABILITY OF MAP- The map shall be on file and available for inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(d) BOUNDARY MODIFICATION- The boundary of the Park shall be revised to reflect the acquisition of the land under subsection (a).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 134. In implementing section 1307 of
SEC. 135. Funds provided under
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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) (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
Administrative Provisions, Environmental Protection Agency
(INCLUDING RESCISSION OF FUNDS)
For fiscal year 2008, notwithstanding
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (
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.CommentsClose CommentsPermalink
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 (
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
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
For expenses authorized by
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 (
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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,
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.CommentsClose CommentsPermalink
Pursuant to sections 405(b) and 410(b) of
Pursuant to section 2(b)(2) of
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.CommentsClose CommentsPermalink
Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
An eligible individual who is employed in any project funded under title V of the Older American Act of 1965 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall be available for services as authorized by
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
The appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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
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
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
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of Fine Arts (
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic Preservation (
National Capital Planning Commission
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital Planning Act of 1952 (
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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 (
(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 (
(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.CommentsClose CommentsPermalink
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
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 (
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.CommentsClose CommentsPermalink
SEC. 412. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (
SEC. 413. In entering into agreements with foreign countries pursuant to the Wildfire Suppression Assistance Act (
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
SEC. 415. (a) LIMITATION ON COMPETITIVE SOURCING STUDIES-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) In carrying out any competitive sourcing study involving Department of the Interior employees, the Secretary of the Interior shall--CommentsClose CommentsPermalink
(1) determine whether any of the employees concerned are also qualified to participate in wildland fire management activities; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
(1) in subsection (a) by striking `2006' and inserting `2012'; andCommentsClose CommentsPermalink
(2) in subsection (b) by striking `2006' and inserting `2012'.CommentsClose CommentsPermalink
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
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
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 420. Section 337(a) of the Department of the Interior and Related Agencies Appropriations Act, 2005 (
SEC. 421. Section 339 of division E of the Consolidated Appropriations Act, 2005 (
(1) by striking `2005 through 2007'and inserting `2005 through 2008'; andCommentsClose CommentsPermalink
(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.'.CommentsClose CommentsPermalink
SEC. 422. A permit fee collected during fiscal year 2007 by the Secretary of Agriculture under the Act of March 4, 1915 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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;.CommentsClose CommentsPermalink
(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;
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(h) The multiple uses of the acquired Elkhorn Ranch shall continue.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 426. The Arts and Artifacts Indemnity Act (
(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,'; andCommentsClose CommentsPermalink
(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'; andCommentsClose CommentsPermalink
(3) in section 5(c), by inserting before the period `for international exhibitions, or $750,000,000 for domestic exhibitions'.CommentsClose CommentsPermalink
SEC. 427. In accordance with authorities available in section 428, of
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.CommentsClose CommentsPermalink
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;
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `or';CommentsClose CommentsPermalink
(B) in paragraph (2), by striking the period and inserting `; or'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(3) a temporary fire line manager.'; andCommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (3), by striking `, and' and inserting a semicolon;CommentsClose CommentsPermalink
(B) in paragraph (4)(B), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(5) notwithstanding the definition of the terms `supervisor' and `management official' under
`(A) temporary supervision or management of personnel engaged in wildland or managed fire activities;CommentsClose CommentsPermalink
`(B) providing analysis or information that affects a decision by a supervisor or manager about a wildland or managed fire; orCommentsClose CommentsPermalink
(C) directing the deployment of equipment for a wildland or managed fire.'.CommentsClose CommentsPermalink
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 430. GLOBAL CLIMATE CHANGE. (a) The Congress finds that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) there is a growing scientific consensus that human activity is a substantial cause of greenhouse gas accumulation in the atmosphere; andCommentsClose CommentsPermalink
(3) mandatory steps will be required to slow or stop the growth of greenhouse gas emissions into the atmosphere.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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 (
SEC. 434. Section 401 of the Herger-Feinstein Quincy Library Group Forest Recovery Act,
(1) In section (g) by striking `until' and all that follows and inserting `until September 30, 2012.';CommentsClose CommentsPermalink
(2) By deleting section (i) and insertstriking 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.'; andCommentsClose CommentsPermalink
(3) By adding at the end the following:CommentsClose CommentsPermalink
`(m) Sections 104-106 of
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
(b) PROPORTIONATE APPLICATION- Any rescission made by subsection (a) shall be applied proportionately--CommentsClose CommentsPermalink
(1) to each discretionary account and each item of budget authority described in subsection (a); andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
This division may be cited as the `Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008'.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) $940,500,000 for youth activities, which shall be available for the period April 1, 2008 through June 30, 2009; andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
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;CommentsClose CommentsPermalink
(2) for federally administered programs, $477,873,000 as follows:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) $53,696,000 for Native American programs, which shall be available for the period July 1, 2008 through June 30, 2009;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) for national activities, $135,966,000, which shall be available for the period July 1, 2008 through July 30, 2009 as follows:CommentsClose CommentsPermalink
(A) $49,370,000 for Pilots, Demonstrations, and Research, of which $5,000,000 shall be for grants to address the employment and training needs of young parents (notwithstanding the requirements of sections 171(b)(2)(B) or 171(c)(4)(D) of the WIA): Provided, That funding provided to carry out projects under section 171 of the WIA that are identified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), shall not be subject to the requirements of 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;CommentsClose CommentsPermalink
(B) $74,800,000 for ex-offender activities, under the authority of section 171 of the Act, notwithstanding the requirements of sections 171(b)(2)(B) or 171(c)(4)(D), of which not less than $55,000,000 shall be for youthful offender activities: Provided, That $50,000,000 shall be available from program year 2007 and program year 2008 funds for competitive grants to local educational agencies or community-based organizations to develop and implement mentoring strategies that integrate educational and employment interventions designed to prevent youth violence in schools identified as persistently dangerous under section 9532 of the Elementary and Secondary Education Act;CommentsClose CommentsPermalink
(C) $4,921,000 for Evaluation under section 172 of the WIA; andCommentsClose CommentsPermalink
(D) $6,875,000 for the Denali Commission, which shall be available for the period July 1, 2008 through June 30, 2009.CommentsClose CommentsPermalink
Of the amounts made available under this heading in
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 Ppart 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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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;.CommentsClose CommentsPermalink
(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) .CommentsClose CommentsPermalink
(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;.CommentsClose CommentsPermalink
(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;.CommentsClose CommentsPermalink
(5) $52,985,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and shall be available for Federal obligation for the period July 1, 2008 through June 30, 2009; and.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Employee Benefits Security Administration
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security Administration, $141,790,000.CommentsClose CommentsPermalink
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 (
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
Of the unobligated funds collected pursuant to section 286(v) of the Immigration and Nationality Act, $102,000,000 are rescinded.CommentsClose CommentsPermalink
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
(1) For enhancement and maintenance of automated data processing systems and telecommunications systems, $21,855,000.CommentsClose CommentsPermalink
(2) For automated workload processing operations, including document imaging, centralized mail intake and medical bill processing, $16,109,000.CommentsClose CommentsPermalink
(3) For periodic roll management and medical review, $14,316,000.CommentsClose CommentsPermalink
(4) The remaining funds shall be paid into the Treasury as miscellaneous receipts:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by
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.CommentsClose CommentsPermalink
For making benefit payments under title IV for the first quarter of fiscal year 2009, $62,000,000, to remain available until expended.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) to take any action authorized by the Act with respect to imminent dangers;CommentsClose CommentsPermalink
(4) to take any action authorized by the Act with respect to health hazards;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act:CommentsClose CommentsPermalink
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 andof 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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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;.CommentsClose CommentsPermalink
(2) $112,920,000 for construction, rehabilitation and acquisition of Job Corps Centers, of which $12,920,000 is available for the period July 1, 2008 through June 30, 2011 and $100,000,000 is available for the period October 1, 2008 through June 30, 2011; and(3).CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
(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 (
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.CommentsClose CommentsPermalink
Sec. 114. (a) In this section:CommentsClose CommentsPermalink
(1) The term `covered funds' means funds provided under section 173 of the Workforce Investment Act of 1998 (
(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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(B) the delivery of humanitarian assistance to individuals affected by that tornado.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Covered funds expended under this section may be spent on costs incurred not earlier than May 4, 2007.CommentsClose CommentsPermalink
This title may be cited as the `Department of Labor Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under section 2604(a)-(d) of the Low-Income Home Energy Assistance Act of 1981 (
For making payments under section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act, $345,000,000 and section 437, $64,437,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
For expenses necessary to prepare for and respond to an influenza pandemic, $76,139,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 222. None of the funds made available in this Act may be used--CommentsClose CommentsPermalink
(1) for the Ombudsman Program of the Centers for Disease Control and Prevention; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
`(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--CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(b) Technical Correction of Section 422 of MMA-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 1886(h)(7) of the Social Security Act (
(A) by redesignating subparagraph (D) as subparagraph (E); andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (C) the following new subparagraph:CommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(i) the otherwise applicable resident limit was reduced under subparagraph (A)(i)(I); andCommentsClose CommentsPermalink
`(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);CommentsClose CommentsPermalink
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.'.CommentsClose CommentsPermalink
(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 (
(c) Offsetting Costs-CommentsClose CommentsPermalink
(1) IN GENERAL- The amount of funds available to the Physician Assistance and Quality Initiative Fund for expenditures--CommentsClose CommentsPermalink
(A) under the first sentence of section 1848(l)(2)(A) of the Social Security Act (
(B) under the first amount in the second sentence of such section is reduced by $24,500,000.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Section 1848(l)(2)(A) of the Social Security Act (
(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)'; andCommentsClose CommentsPermalink
(B) in the second sentence, by inserting after `$325,000,000' the following: `, as reduced by section 225(c)(1)(B) of such Act,'.CommentsClose CommentsPermalink
This title may be cited as the `Department of Health and Human Services Appropriations Act, 2008'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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
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).CommentsClose CommentsPermalink
Special Institutions for Persons With Disabilities
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, $22,000,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
The maximum Pell Grant for which a student shall be eligible during award year 2008-2009 shall be $4,241.CommentsClose CommentsPermalink
Of the unobligated funds available under section 401A(e)(1)(C) of the Higher Education Act of 1965, $525,000,000 are rescinded.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) to disclose the existence of any such potential financial interest or impaired objectivity.CommentsClose CommentsPermalink
(b) Review by Inspector General-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Definition- For purposes of this section, the term `covered individual or entity' means--CommentsClose CommentsPermalink
(1) an officer or professional employee of the Department of Education;CommentsClose CommentsPermalink
(2) a contractor or subcontractor of the Department, or an individual hired by the contracted entity;CommentsClose CommentsPermalink
(3) a member of a peer review panel of the Department; orCommentsClose CommentsPermalink
(4) a consultant or advisor to the Department.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 311. The Secretary of Education shall--CommentsClose CommentsPermalink
(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 (
(2) make a payment to such local educational agency under such section for fiscal year 2008.CommentsClose CommentsPermalink
This title may be cited as the `Department of Education Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
Sec. 405. Notwithstanding
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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,
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health Review Commission, $10,696,000.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act, section 401 of
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) the percentage of the total costs of the program or project which will be financed with Federal money;CommentsClose CommentsPermalink
(2) the dollar amount of Federal funds for the project or program; andCommentsClose CommentsPermalink
(3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion--CommentsClose CommentsPermalink
(1) if the pregnancy is the result of an act of rape or incest; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 509. (a) None of the funds made available in this Act may be used for--CommentsClose CommentsPermalink
(1) the creation of a human embryo or embryos for research purposes; orCommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
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 (
(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.CommentsClose CommentsPermalink
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 (
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--CommentsClose CommentsPermalink
(1) such entity is otherwise a contractor with the United States and is subject to the requirement in
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) creates new programs;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;CommentsClose CommentsPermalink
(4) relocates an office or employees;CommentsClose CommentsPermalink
(5) reorganizes or renames offices;CommentsClose CommentsPermalink
(6) reorganizes programs or activities; orCommentsClose CommentsPermalink
(7) contracts out or privatizes any functions or activities presently performed by Federal employees;CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) augments existing programs, projects (including construction projects), or activities;CommentsClose CommentsPermalink
(2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; orCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) None of the funds made available in this Act may be used to disseminate scientific information that is deliberately false or misleading.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 519. None of the funds made available by this Act may be used to carry out the evaluation of the Upward Bound pProgram 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.).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) a direct link to the Internet websites of their Offices of Inspectors General; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) provided for any discretionary account of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) PROPORTIONATE APPLICATION- Any rescission made by subsection (a) shall be applied proportionately--CommentsClose CommentsPermalink
(1) to each discretionary account and each item of budget authority described in such subsection; andCommentsClose CommentsPermalink
(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 explaniatory 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).CommentsClose CommentsPermalink
(c) EXCEPTIONS- This section shall not apply--CommentsClose CommentsPermalink
(1) to discretionary budget authority that has been designated as described in section 5 (in the matter preceding division A of this consolidated Act); orCommentsClose CommentsPermalink
(2) to discretionary budget authority made available under title III under the Student Financial Assistance account for the Federal Pell Grants program.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
SEC. 602. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(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 (
(2) CHILD; CHILDREN- The terms `child' and `children' mean an individual or individuals, respectively, who have not attained 18 years of age.CommentsClose CommentsPermalink
(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 (
(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 (
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').CommentsClose CommentsPermalink
SEC. 604. PURPOSES OF COMMISSION.
The purposes of the Commission are to--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 605. COMPOSITION OF COMMISSION.
(a) Members- The Commission shall be composed of 10 members, of whom--CommentsClose CommentsPermalink
(1) 1 member shall be appointed by the President;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) 2 members shall be appointed by the majority leader of the Senate;CommentsClose CommentsPermalink
(4) 2 members shall be appointed by the minority leader of the Senate;CommentsClose CommentsPermalink
(5) 2 members shall be appointed by the Speaker of the House of Representatives; andCommentsClose CommentsPermalink
(6) 2 members shall be appointed by the minority leader of the House of Representatives.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Governmental Appointees- An individual appointed to the Commission may not be an official or employee of the Federal Government.CommentsClose CommentsPermalink
(d) Commission Representation- The Commission shall include at least one--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) State emergency manager or local emergency manager.CommentsClose CommentsPermalink
(e) Qualifications- Members appointed under subsection (a) may include--CommentsClose CommentsPermalink
(1) individuals involved with providing services to children, including health, education, housing, and other social services;CommentsClose CommentsPermalink
(2) individuals with experience in emergency management, including coordination of resources and services among State and local governments, the Federal Government, and nongovernmental entities;CommentsClose CommentsPermalink
(3) individuals with philanthropic experience focused on the needs of children in all hazards, including major disasters and emergencies;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(5) individuals who have conducted academic research related to addressing the needs of children in all hazards, including major disasters and emergencies.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(g) Quorum and Vacancy-CommentsClose CommentsPermalink
(1) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 606. DUTIES OF COMMISSION.
The Commission shall--CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) child physical health, mental health, and trauma;CommentsClose CommentsPermalink
(B) child care in all settings;CommentsClose CommentsPermalink
(C) child welfare;CommentsClose CommentsPermalink
(D) elementary and secondary education;CommentsClose CommentsPermalink
(E) sheltering, temporary housing, and affordable housing;CommentsClose CommentsPermalink
(F) transportation;CommentsClose CommentsPermalink
(G) juvenile justice;CommentsClose CommentsPermalink
(H) evacuation; andCommentsClose CommentsPermalink
(I) relevant activities in emergency management;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) identify, review, and evaluate the lessons learned from past disasters and emergencies relative to addressing the needs of children; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Information From Federal Agencies-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Assistance From Federal Agencies-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Contracting- The Commission may enter into contracts to enable the Commission to discharge its duties under this title.CommentsClose CommentsPermalink
(e) Donations- The Commission may accept, use, and dispose of donations of services or property.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
(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.CommentsClose CommentsPermalink
(c) Consultant Services- The Commission is authorized to procure the services of experts and consultants in accordance with
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Other Reports and Information-CommentsClose CommentsPermalink
(1) REPORTS- The Commission may issue additional reports as the Commission determines necessary.CommentsClose CommentsPermalink
(2) INFORMATION- The Commission may hold public hearings to collect information and shall make such information available for use by the public.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Termination-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
This division may be cited as the `Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
office of the vice president
For the Office of the Vice President, $2,316,000.CommentsClose CommentsPermalink
office of the president pro tempore
For the Office of the President Pro Tempore, $620,000.CommentsClose CommentsPermalink
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus, $309,000.CommentsClose CommentsPermalink
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $4,796,000.CommentsClose CommentsPermalink
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $2,912,000.CommentsClose CommentsPermalink
committee on appropriations
For salaries of the Committee on Appropriations, $14,161,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
office of the chaplain
For Office of the Chaplain, $379,000.CommentsClose CommentsPermalink
office of the secretary
For Office of the Secretary, $22,388,000.CommentsClose CommentsPermalink
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $60,600,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by law, and related expenses, $41,100,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel, $1,439,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
secretary of the senate
For expenses of the Office of the Secretary of the Senate, $2,000,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account, $375,704,000.CommentsClose CommentsPermalink
official mail costs
For expenses necessary for official mail costs of the Senate, $300,000.CommentsClose CommentsPermalink
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 (
SEC. 2. PRESIDENT PRO TEMPORE EMERITUS OF THE SENATE. Section 7(e) of the Legislative Branch Appropriations Act, 2003 (
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(d) EFFECTIVE DATE- This section shall apply to fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink
SEC. 4. UNIFORM LIMITATION ON GROSS COMPENSATION FOR EMPLOYEES OF COMMITTEES. (a) In General- Section 105(e) of the Legislative Branch Appropriations Act, 1968 (
`(3)(A) In this paragraph--CommentsClose CommentsPermalink
`(i) the term `committee of the Senate' means--CommentsClose CommentsPermalink
`(I) any standing committee (including the majority and minority policy committees) of the Senate;CommentsClose CommentsPermalink
`(II) any select committee (including the conference majority and conference minority of the Senate); orCommentsClose CommentsPermalink
`(III) any joint committee the expenses of which are paid from the contingent fund of the Senate; andCommentsClose CommentsPermalink
`(ii) an employee of a subcommittee shall be considered to be an employee of the full committee.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply to fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Certification of Expenditures- A report of expenditures by the United States group shall be prepared and certified each Congress by the Chair.CommentsClose CommentsPermalink
(e) Effective Date- This section shall apply to fiscal year 2008, and each fiscal year thereafter.CommentsClose CommentsPermalink
SEC. 6. ORIENTATION SEMINARS. (a) In General- Section 107(a) of the Supplemental Appropriations Act, 1979 (
(b) Effective Date- The amendment made by this section shall apply with respect to fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink
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 (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Effective Date- This section shall apply to fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink
SEC. 8. CONSULTANTS. With respect to fiscal year 2008, the first sentence of section 101(a) of the Supplemental Appropriations Act, 1977 (
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
For salaries and expenses of the House of Representatives, $1,188,211,000, as follows:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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).CommentsClose CommentsPermalink
(b) REGULATIONS- The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this section.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 102. CONTRACT FOR EXERCISE FACILITY- (a) Section 103(a) of the Legislative Branch Appropriations Act, 2005 (
(b) The amendment made by subsection (a) shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2005.CommentsClose CommentsPermalink
SEC. 103. DEPOSITS- (a) The second sentence of section 101 of the Legislative Branch Appropriations Act, 1996 (
(b) The amendments made by this section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.CommentsClose CommentsPermalink
SEC. 104. HOUSE SERVICES REVOLVING FUND- (a) Section 105(b) of the Legislative Branch Appropriations Act, 2005 (
(b) The amendments made by this section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.CommentsClose CommentsPermalink
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) (
JOINT ITEMS
For Joint Committees, as follows:CommentsClose CommentsPermalink
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee, $4,398,000, to be disbursed by the Secretary of the Senate.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
For other joint items, as follows:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
(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).CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
(b) Transfer of Personnel-CommentsClose CommentsPermalink
(1) TRANSFERS-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) TREATMENT OF LIBRARY OF CONGRESS POLICE EMPLOYEES-CommentsClose CommentsPermalink
(A) DETERMINATION OF STATUS WITHIN CAPITOL POLICE-CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(II) During the transition period, the employee successfully completes training, as determined by the Chief of the Capitol Police.CommentsClose CommentsPermalink
(III) The employee meets the qualifications required to be a member of the Capitol Police, as determined by the Chief of the Capitol Police.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(ii) the date on which the individual--CommentsClose CommentsPermalink
(I) is 57 years of age or older; andCommentsClose CommentsPermalink
(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)).CommentsClose CommentsPermalink
(C) TREATMENT OF PRIOR CREDITABLE SERVICE FOR RETIREMENT PURPOSES-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(I) shall be treated and computed as employee service under section 8339 or section 8415 of such title; butCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) DUTIES OF EMPLOYEES TRANSFERRED TO CIVILIAN POSITIONS-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) PROTECTING STATUS OF TRANSFERRED EMPLOYEES-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) RULES OF CONSTRUCTION RELATING TO EMPLOYEE REPRESENTATION-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) terminate the employment of a member of the Capitol Police or a civilian employee of the Capitol Police; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(7) TRANSFER DATE DEFINED- In this section, the term `transfer date' means, with respect to an employee--CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(c) Transition Provisions-CommentsClose CommentsPermalink
(1) TRANSFER AND ALLOCATIONS OF PROPERTY AND APPROPRIATIONS-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) the assets, liabilities, contracts, property, and records associated with the employee shall be transferred to the Capitol Police; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) TREATMENT OF ALLEGED VIOLATIONS OF CERTAIN EMPLOYMENT LAWS WITH RESPECT TO TRANSFERRED INDIVIDUALS-CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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--CommentsClose CommentsPermalink
(i) the date of the alleged violation shall be the individual's transfer date;CommentsClose CommentsPermalink
(ii) notwithstanding the third sentence of section 402(a) of such Act (
(iii) the employing office of the individual at the time of the alleged violation shall be the Capitol Police Board.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the provisions of this section; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) terminate the employment of a Library of Congress Police employee or Library of Congress Police civilian employee; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Police Jurisdiction, Unlawful Activities, and Penalties-CommentsClose CommentsPermalink
(1) JURISDICTION-CommentsClose CommentsPermalink
(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 (
`(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 (
(B) REPEAL OF LIBRARY OF CONGRESS POLICE JURISDICTION- The first section and sections 7 and 9 of the Act of August 4, 1950 (
(2) UNLAWFUL ACTIVITIES AND PENALTIES-CommentsClose CommentsPermalink
(A) EXTENSION OF UNITED STATES CAPITOL BUILDINGS AND GROUNDS PROVISIONS TO THE LIBRARY OF CONGRESS BUILDINGS AND GROUNDS-CommentsClose CommentsPermalink
(i) CAPITOL BUILDINGS-
(ii) CAPITOL GROUNDS-
`(d) Library of Congress Buildings and Grounds-CommentsClose CommentsPermalink
`(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) 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 (
(iii) CONFORMING AMENDMENT RELATING TO DISORDERLY CONDUCT-
`(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--CommentsClose CommentsPermalink
`(i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; orCommentsClose CommentsPermalink
`(ii) the Library of Congress;'.CommentsClose CommentsPermalink
(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 (
(C) SUSPENSION OF PROHIBITIONS AGAINST USE OF LIBRARY OF CONGRESS BUILDINGS AND GROUNDS- Section 10 of the Act of August 4, 1950 (
(D) CONFORMING AMENDMENT TO DESCRIPTION OF LIBRARY OF CONGRESS GROUNDS- Section 11 of the Act of August 4, 1950 (
(i) in subsection (a), by striking `For the purposes of this Act the' and inserting `The';CommentsClose CommentsPermalink
(ii) in subsection (b), by striking `For the purposes of this Act the' and inserting `The';CommentsClose CommentsPermalink
(iii) in subsection (c), by striking `For the purposes of this Act the' and inserting `The'; andCommentsClose CommentsPermalink
(iv) in subsection (d), by striking `For the purposes of this Act the' and inserting `The'.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENT RELATING TO JURISDICTION OF INSPECTOR GENERAL OF LIBRARY OF CONGRESS- Section 1307(b)(1) of the Legislative Branch Appropriations Act, 2006 (
(4) EFFECTIVE DATE- The amendments made by this section shall take effect October 1, 2009.CommentsClose CommentsPermalink
(e) Collections, Physical Security, Control, and Preservation of Order and Decorum Within the Library-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) TREATMENT OF SECURITY SYSTEMS-CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(C) PROVISIONS OF LAW- The provisions of law referred to in this subparagraph are as follows:CommentsClose CommentsPermalink
(i) Section 1 of the Act of June 29, 1922 (
(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 (
(iii) Section 308 of the Legislative Branch Appropriations Act, 1996 (
(iv) Section 308 of the Legislative Branch Appropriations Act, 1997 (
(f) Payment of Capitol Police Services Provided in Connection With Relating to Library of Congress Special Events-CommentsClose CommentsPermalink
(1) PAYMENTS OF AMOUNTS DEPOSITED IN REVOLVING FUND- Section 102(e) of the Library of Congress Fiscal Operations Improvement Act of 2000 (
`(e) Use of Amounts-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(g) Other Conforming Amendments-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 1015 of the Legislative Branch Appropriations Act, 2003 (
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect October 1, 2009.CommentsClose CommentsPermalink
(h) Definitions- In this section--CommentsClose CommentsPermalink
(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) 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 (
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
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 (
`(1) PER DIEM-CommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(i) the highest annual rate of compensation of any officer of the Senate; orCommentsClose CommentsPermalink
`(ii) the highest annual rate of compensation of any officer of the House of Representatives.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(b) Officers- Section 302 of the Congressional Accountability Act of 1995 (
(1) in subsection (a), by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
`(2) COMPENSATION-CommentsClose CommentsPermalink
`(A) AUTHORITY TO FIX COMPENSATION- The Chair may fix the compensation of the Executive Director.CommentsClose CommentsPermalink
`(B) LIMITATION- The rate of pay for the Executive Director may not exceed the lesser of--CommentsClose CommentsPermalink
`(i) the highest annual rate of compensation of any officer of the Senate; orCommentsClose CommentsPermalink
`(ii) the highest annual rate of compensation of any officer of the House of Representatives.';CommentsClose CommentsPermalink
(2) in subsection (b), by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
`(3) COMPENSATION-CommentsClose CommentsPermalink
`(A) AUTHORITY TO FIX COMPENSATION- The Chair may fix the compensation of the Deputy Executive Directors.CommentsClose CommentsPermalink
`(B) LIMITATION- The rate of pay for a Deputy Executive Director may not exceed 96 percent of the lesser of--CommentsClose CommentsPermalink
`(i) the highest annual rate of compensation of any officer of the Senate; orCommentsClose CommentsPermalink
`(ii) the highest annual rate of compensation of any officer of the House of Representatives.';CommentsClose CommentsPermalink
(3) in subsection (c), by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
`(2) COMPENSATION-CommentsClose CommentsPermalink
`(A) AUTHORITY TO FIX COMPENSATION- The Chair may fix the compensation of the General Counsel.CommentsClose CommentsPermalink
`(B) LIMITATION- The rate of pay for the General Counsel may not exceed the lesser of--CommentsClose CommentsPermalink
`(i) the highest annual rate of compensation of any officer of the Senate; orCommentsClose CommentsPermalink
`(ii) the highest annual rate of compensation of any officer of the House of Representatives.'; andCommentsClose CommentsPermalink
(4) in subsection (e), by striking `General Accounting Office' and inserting `Government Accountability Office'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Limitations and Conditions- The Director of the Congressional Budget Office shall--CommentsClose CommentsPermalink
(1) limit the number of officers and employees who are assigned to private sector organizations at any one time to not more than 3;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) chapter 73 of title 5, United States Code;CommentsClose CommentsPermalink
(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code;CommentsClose CommentsPermalink
(3) sections 1343, 1344, and 1349(b) of title 31, United States Code;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(5) the Ethics in Government Act of 1978 (5 U.S.C. App.); andCommentsClose CommentsPermalink
(6) section 1043 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Effective Date- Subject to subsection (d), this section shall apply to fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) conduct and supervise audits and investigations relating to the Architect of the Capitol;CommentsClose CommentsPermalink
(2) provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Appointment of Inspector General; Supervision; Removal-CommentsClose CommentsPermalink
(1) APPOINTMENT AND SUPERVISION-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) initiating, carrying out, or completing any audit or investigation;CommentsClose CommentsPermalink
(ii) issuing any subpoena during the course of any audit or investigation;CommentsClose CommentsPermalink
(iii) issuing any report; orCommentsClose CommentsPermalink
(iv) carrying out any other duty or responsibility of the Inspector General under this section.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Duties, Responsibilities, Authority, and Reports-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) `Office of the Architect of the Capitol' for `establishment'; andCommentsClose CommentsPermalink
(B) `Architect of the Capitol' for `head of the establishment'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(h) Effective Date-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 1302. FLEXIBLE WORK SCHEDULES. Notwithstanding
SEC. 1303. TRAVEL AND TRANSPORTATION. (a) In General-
(1) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink
`(G) the Architect of the Capitol;'.CommentsClose CommentsPermalink
(b) Demonstration Program- Section 521(1)(B) of the National Energy Conservation Policy Act (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 1306. LEASING AUTHORITY- (a) Section 1102(b) of the Legislative Branch Appropriations Act, 2004 (
(1) in paragraph (1), by striking `Committee on Rules and Administration' and inserting `Committees on Appropriations and Rules and Administration';CommentsClose CommentsPermalink
(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'; andCommentsClose CommentsPermalink
(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).'.CommentsClose CommentsPermalink
(b) The amendments made by subsection (a) shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2004.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Limitation- No easement granted under this section may include more land than is necessary for the easement.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Termination of Easement- The Architect of the Capitol may terminate all or part of any easement granted under this section for--CommentsClose CommentsPermalink
(1) failure to comply with the terms of the grant;CommentsClose CommentsPermalink
(2) nonuse for a 2-year period; orCommentsClose CommentsPermalink
(3) abandonment.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the Committee on Rules and Administration of the Senate for easements granted on property under Senate jurisdiction;CommentsClose CommentsPermalink
(2) the House Office Building Commission for property under House of Representatives jurisdiction; andCommentsClose CommentsPermalink
(3) the Committee on Rules and Administration of the Senate and the House Office Building Commission for easements granted on any other property.CommentsClose CommentsPermalink
(g) Effective Date- This section shall apply to fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink
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 (
(b) This section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.CommentsClose CommentsPermalink
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 (
(b) Assistant to the Chief Executive Officer- The Architect of the Capitol shall--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Effective Date- This section shall apply to fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink
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;
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
Congressional Research Service
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 (
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;
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
SEC. 1403. AUDIT REQUIREMENT. Section 207(e) of the Legislative Branch Appropriations Act, 1998 (
`(e) AUDIT- The revolving fund shall be subject to audit by the Comptroller General at the Comptroller General's discretion.'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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
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
Administrative Provisions
SEC. 1501. CONTRACT APPEALS BOARD. (a) Definitions- In this section--CommentsClose CommentsPermalink
(1) the term `Board' means the Contract Appeals Board established under subsection (b); andCommentsClose CommentsPermalink
(2) the term `legislative branch agency' means--CommentsClose CommentsPermalink
(A) the Architect of the Capitol;CommentsClose CommentsPermalink
(B) the United States Botanic Gardens;CommentsClose CommentsPermalink
(C) the Government Accountability Office;CommentsClose CommentsPermalink
(D) the Government Printing Office;CommentsClose CommentsPermalink
(E) the Library of Congress;CommentsClose CommentsPermalink
(F) the Congressional Budget Office;CommentsClose CommentsPermalink
(G) the United States Capitol Police; andCommentsClose CommentsPermalink
(H) any other agency, including any office, board, or commission, established in the legislative branch; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Members of the Board-CommentsClose CommentsPermalink
(1) APPOINTMENT- The Comptroller General shall appoint at least 3 members to the Contract Appeals Board.CommentsClose CommentsPermalink
(2) QUALIFICATIONS- Each member shall have not less than 5 years experience in public contract law.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Provisions Applicable to Appeals- The Contract Disputes Act of 1978 (
(e) Effective Date- This section shall apply with respect to fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink
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 (
(b) Review of Proposed Changes to Export Thresholds for Computers- Section 314 of the Consolidated Appropriations Act, 2001 (
(c) Congressional Hunger Fellowship Program Audit- Section 4404(f)(4)(A) of the Congressional Hunger Fellows Act of 2002 (
(1) by striking `shall' and inserting `may'; andCommentsClose CommentsPermalink
(2) by striking `annual.'.CommentsClose CommentsPermalink
(d) Haitian Refugee Immigration- Section 902(k) of the Haitian Refugee Immigration Fairness Act of 1998 (
(e) Audit of Financial Transactions- Section 11 of the National Moment of Remembrance Act (
(f) Loss Ratios and Refund of Premiums- Section 1882(r)(5) of the Social Security Act (
(1) in subparagraph (A)--CommentsClose CommentsPermalink
(A) by striking `(A) The Comptroller General shall periodically, not less than once every 3 years,' and inserting `The Secretary may'; andCommentsClose CommentsPermalink
(B) by striking `and to the Secretary'; andCommentsClose CommentsPermalink
(2) by striking subparagraph (B).CommentsClose CommentsPermalink
(g) Radiation Exposure Compensation Reports- Section 14 of the Radiation Exposure Compensation Act (
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 (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 204. CONSULTING SERVICES. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Proportionate Application- Any rescission made by subsection (a) shall be applied proportionately--CommentsClose CommentsPermalink
(1) to each discretionary account and each item of budget authority described in such subsection; andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(c) Exception- This section shall not apply to section 1003 of title I of this Act.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the percentage rescissions under subsection (a) shall apply to the total amount of all funds appropriated under that heading; andCommentsClose CommentsPermalink
(2) the rescissions may be applied without regard to subsection (b).CommentsClose CommentsPermalink
This division may be cited as the `Legislative Branch Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
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
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
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 (
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 (
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.CommentsClose CommentsPermalink
SEC. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The report under subsection (a) shall include a description of--CommentsClose CommentsPermalink
(1) attempts to secure cash and in-kind contributions from host countries for military construction projects;CommentsClose CommentsPermalink
(2) attempts to achieve economic incentives offered by host countries to encourage private investment for the benefit of the United States Armed Forces;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the closure or realignment of the installation for which housing is provided under the contract;CommentsClose CommentsPermalink
(B) a reduction in force of units stationed at such installation; orCommentsClose CommentsPermalink
(C) the extended deployment overseas of units stationed at such installation.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
SEC. 125. Amounts contained in the Ford Island Improvement Account established by subsection (h) of
(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
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $154,562,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to assist States in establishing, expanding, or improving State veterans cemeteries as authorized by
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
(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 (
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.CommentsClose CommentsPermalink
(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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
SEC. 214. Amounts made available under `Medical services' are available--CommentsClose CommentsPermalink
(1) for furnishing recreational facilities, supplies, and equipment; andCommentsClose CommentsPermalink
(2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department.CommentsClose CommentsPermalink
(INCLUDING TRANSFER OF FUNDS)
SEC. 215. Such sums as may be deposited to the Medical Care Collections Fund pursuant to
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.CommentsClose CommentsPermalink
(INCLUDING TRANSFER OF FUNDS)
SEC. 217. Such sums as may be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant to
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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 (
(c) CONFORMING AMENDMENT-
(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 (
(2) by striking `that section' and inserting `such sections'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The Secretary of Health and Human Services may only use funds transferred under this section for the purposes described in subsection (a).CommentsClose CommentsPermalink
(c) The Secretary of Veterans Affairs shall notify Congress of any such transfer of funds under this section.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 (
(2)
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 2007 Study of South Texas Veterans' Inpatient and Specialty Outpatient Health Care Needs.CommentsClose CommentsPermalink
(INCLUDING RESCISSION OF FUNDS)
SEC. 230. Of the amounts made available for `Veterans Health Administration, Medical Services' in
SEC. 231.
SEC. 232.
SEC. 233. The unobligated balance of funds appropriated under the heading `Construction, Major Projects' in
SEC. 234. Notwithstanding any other provision of law, increases necessary to carry out
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:CommentsClose CommentsPermalink
Veterans Health Administration, Medical Services, $1,936,549,000.CommentsClose CommentsPermalink
Veterans Health Administration, Medical Administration, $75,000,000.CommentsClose CommentsPermalink
Veterans Health Administration, Medical Facilities, $508,000,000.CommentsClose CommentsPermalink
Veterans Health Administration, Medical and Prosthetic Research, $69,000,000.CommentsClose CommentsPermalink
National Cemetery Administration, $28,191,000.CommentsClose CommentsPermalink
Departmental Administration, General Operating Expenses, $133,163,000.CommentsClose CommentsPermalink
Departmental Administration, Information Technology Systems, $107,248,000.CommentsClose CommentsPermalink
Departmental Administration, Office of the Inspector General, $7,901,000.CommentsClose CommentsPermalink
Departmental Administration, Construction, Major Projects, $341,700,000.CommentsClose CommentsPermalink
Departmental Administration, Construction, Minor Projects, $397,139,000.CommentsClose CommentsPermalink
Departmental Administration, Grants for Construction of State Extended Care Facilities, $80,000,000.CommentsClose CommentsPermalink
Departmental Administration, Grants for Construction of State Veterans Cemeteries, $7,500,000.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
General Fund Payment, Armed Forces Retirement Home
For payment to the `Armed Forces Retirement Home', $800,000, to remain available until expended.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 , 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 410. (a) In this section:CommentsClose CommentsPermalink
(1) The term `City' means the City of Aurora, Colorado.CommentsClose CommentsPermalink
(2) The term `deed' means the quitclaim deed--CommentsClose CommentsPermalink
(A) conveyed by the Secretary to the City; andCommentsClose CommentsPermalink
(B) dated May 24, 1999.CommentsClose CommentsPermalink
(3) The term `non-Federal land' means--CommentsClose CommentsPermalink
(A) parcel I of the Fitzsimons Army Medical Center, Colorado; andCommentsClose CommentsPermalink
(B) the parcel of land described in the deed.CommentsClose CommentsPermalink
(4) The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) In carrying out paragraph (1), with respect to the non-Federal land, the Secretary shall forego exercising any rights provided by the--CommentsClose CommentsPermalink
(A) deed relating to a reversionary interest of the United States; andCommentsClose CommentsPermalink
(B) any other reversionary interest of the United States.CommentsClose CommentsPermalink
This division may be cited as the `Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008'.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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
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 (
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.CommentsClose CommentsPermalink
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,175,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 (
In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $676,000,000, to remain available until expended.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act (
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.CommentsClose CommentsPermalink
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
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).CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for, $30,430,000.CommentsClose CommentsPermalink
CONSTRUCTION
For detailed plan preparation and construction of authorized projects, $88,425,000, to remain available until expended, as authorized.CommentsClose CommentsPermalink
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
Of the funds made available in the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006,
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
Other
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the Asia Foundation Act (
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.CommentsClose CommentsPermalink
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 (
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 (
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
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
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
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.CommentsClose CommentsPermalink
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
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 (
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The requirements in subsections (b) and (c) of section 616 of that Act shall continue to apply during fiscal year 2008.CommentsClose CommentsPermalink
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 (
(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.CommentsClose CommentsPermalink
(c) The Operating Group shall continue to report only to the authorities that appointed them pursuant to section 105(f).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
CONSULTING SERVICES
SEC. 108. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to
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.CommentsClose CommentsPermalink
(b) The requirements in subparagraphs (A) and (B) of section 609 of that Act shall continue to apply during fiscal year 2008.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
PEACEKEEPING ASSESSMENT
SEC. 113. Section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
(b) LIMITATION ON CASH AWARDS- The United States-China Economic and Security Review Commission shall comply with
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
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
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 (
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 (
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International Security and Development Cooperation Act of 1980,
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
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
(1) the Inter-American Development Bank;CommentsClose CommentsPermalink
(2) the African Development Fund;CommentsClose CommentsPermalink
(3) the African Development Bank; andCommentsClose CommentsPermalink
(4) the Central American Bank for Economic Integration:CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) DE MINIMIS EXCEPTION- Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) DETERMINATIONS-CommentsClose CommentsPermalink
(1) The provisions of this section shall not apply to any country or entity the Secretary of State determines--CommentsClose CommentsPermalink
(A) does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(g) DEFINITIONS- As used in this section--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(2) research activities intended primarily to benefit American producers.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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,'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) is providing full access to international non-government organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya.CommentsClose CommentsPermalink
(2) Paragraph (1) shall not apply to--CommentsClose CommentsPermalink
(A) assistance to combat infectious diseases, child survival activities, or assistance for victims of trafficking in persons; andCommentsClose CommentsPermalink
(B) activities authorized under title V (Nonproliferation and Disarmament Programs and Activities) of the FREEDOM Support Act.CommentsClose CommentsPermalink
(f) Section 907 of the FREEDOM Support Act shall not apply to--CommentsClose CommentsPermalink
(1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of
(2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (
(3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;CommentsClose CommentsPermalink
(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 (
(5) any financing provided under the Export-Import Bank Act of 1945; orCommentsClose CommentsPermalink
(6) humanitarian assistance.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
`Educational and Cultural Exchange Programs'.CommentsClose CommentsPermalink
`American Sections, International Commissions'.CommentsClose CommentsPermalink
`International Broadcasting Operations'.CommentsClose CommentsPermalink
`Global Health and Child Survival'.CommentsClose CommentsPermalink
`Economic Support Fund'.CommentsClose CommentsPermalink
`Assistance for Eastern Europe and the Baltic States'.CommentsClose CommentsPermalink
`Assistance for the Independent States of the Former Soviet Union'.CommentsClose CommentsPermalink
`Democracy Fund'.CommentsClose CommentsPermalink
`International Narcotics Control and Law Enforcement'.CommentsClose CommentsPermalink
`Andean Counterdrug Programs'.CommentsClose CommentsPermalink
`Nonproliferation, Anti-Terrorism, Demining and Related Programs'.CommentsClose CommentsPermalink
`Foreign Military Financing Program'.CommentsClose CommentsPermalink
`Peacekeeping Operations'.CommentsClose CommentsPermalink
`International Organizations and Programs'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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;
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) is releasing incremental disbursements only if grantees demonstrate progress against clearly defined performance indicators;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) has a full-time, professional, independent Office of Inspector General that is fully operational;CommentsClose CommentsPermalink
(4) requires LFAs to assess whether a principal recipient has the capacity to oversee the activities of sub-recipients;CommentsClose CommentsPermalink
(5) is making progress toward implementing a reporting system that breaks down grantee budget allocations by programmatic activity;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(7) is tracking and encouraging the involvement of civil society, including faith-based organizations, in country coordinating mechanisms and program implementation.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) on a country-by-country basis--CommentsClose CommentsPermalink
(A) a description of the amount of grants and sub-grants provided to faith-based organizations; andCommentsClose CommentsPermalink
(B) a detailed description of the involvement of faith-based organizations in the Country Coordinating Mechanism (CCM) process of the Global Fund; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; orCommentsClose CommentsPermalink
(2) otherwise supports international terrorism.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEPARATE ACCOUNTS
SEC. 628. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) require that local currencies be deposited in a separate account established by that government;CommentsClose CommentsPermalink
(B) enter into an agreement with that government which sets forth--CommentsClose CommentsPermalink
(i) the amount of the local currencies to be generated; andCommentsClose CommentsPermalink
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) project and sector assistance activities; orCommentsClose CommentsPermalink
(ii) debt and deficit financing; orCommentsClose CommentsPermalink
(B) for the administrative requirements of the United States Government.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d)(1) WAIVER- The President may waive the provisions of section 1003 of
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) VIETNAMESE REFUGEES- Section 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (enacted as division D of
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(j) EXTENSION OF AUTHORITY- Section 1365(c) of the National Defense Authorization Act for Fiscal Year 1993 (
(k) EXTENSION OF AUTHORITY- The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (
(1) in section 599D (
(A) in subsection (b)(3), by striking `and 2007' and inserting `2007, and 2008'; andCommentsClose CommentsPermalink
(B) in subsection (e), by striking `2007' each place it appears and inserting `2008'; andCommentsClose CommentsPermalink
(2) in section 599E (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(n) DISARMAMENT, DEMOBILIZATION AND REINTEGRATION- Notwithstanding any other provision of law, regulation or Executive Oorder, 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(r) BROADCASTING BOARD OF GOVERNORS AUTHORITY- Section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003 (
(s) TRANSATLANTIC LEGISLATORS' DIALOGUE AUTHORITY- Section 109(c) of
(t) OPIC AUTHORITY- Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961 (
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 635. It is the sense of the Congress that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) all Arab League states should normalize relations with their neighbor Israel;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) EXCEPTION- This section shall not apply--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
(b) BURMA-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) TIBET-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Subsection (a) shall not include amounts that have been withheld under any other provision of law.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) In this section:CommentsClose CommentsPermalink
(1) The term `fully adjudicated' includes circumstances in which the person to whom the vehicle is registered--CommentsClose CommentsPermalink
(A)(i) has not responded to the parking violation summons; orCommentsClose CommentsPermalink
(ii) has not followed the appropriate adjudication procedure to challenge the summons; andCommentsClose CommentsPermalink
(B) the period of time for payment of or challenge to the summons has lapsed.CommentsClose CommentsPermalink
(2) The term `parking fines and penalties' means parking fines and penalties--CommentsClose CommentsPermalink
(A) owed to--CommentsClose CommentsPermalink
(i) the District of Columbia; orCommentsClose CommentsPermalink
(ii) New York, New York; andCommentsClose CommentsPermalink
(B) incurred during the period April 1, 1997, through September 30, 2007.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the submunitions of the cluster munitions have a 99 percent or higher tested rate; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) alcoholic beverages; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Assistance for the Colombian Armed Forces-CommentsClose CommentsPermalink
(1) FUNDING- Funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows:CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(2) REQUIREMENTS- The requirements referred to in paragraph (1) are as follows:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(e) Assistance for Demobilization and Disarmament of Former Combatants in Colombia-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) CERTIFICATION- A certification described in this subsection is a certification that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(D) the Government of Colombia is implementing a concrete and workable framework for dismantling the organizational structures of foreign terrorist organizations; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) ILLEGAL ARMED GROUPS-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(g) DEFINITIONS- In this section:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
`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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) the governing entity of a new Palestinian state--CommentsClose CommentsPermalink
(A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) termination of all claims or states of belligerency;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;CommentsClose CommentsPermalink
(D) freedom of navigation through international waterways in the area; andCommentsClose CommentsPermalink
(E) a framework for achieving a just settlement of the refugee problem.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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').CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Prohibition-CommentsClose CommentsPermalink
(1) None of the funds appropriated under titles II through V of this Act for assistance under the West Bank and Gaza pProgram may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Audits-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the extent to which such Program complies with the requirements of subsections (b) and (c), andCommentsClose CommentsPermalink
(2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.CommentsClose CommentsPermalink
(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
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.CommentsClose CommentsPermalink
(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) are acting consistently with the Dayton Accords.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) Definitions- As used in this section:CommentsClose CommentsPermalink
(1) COUNTRY- The term `country' means Bosnia and Herzegovina, Croatia and Serbia.CommentsClose CommentsPermalink
(2) ENTITY- The term `entity' refers to the Federation of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika Srpska.CommentsClose CommentsPermalink
(3) MUNICIPALITY- The term `municipality' means a city, town or other subdivision within a country or entity as defined herein.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) CONDITIONS ON AVAILABILITY OF FUNDS- Amounts made available under this Act for UNFPA may not be made available to UNFPA unless--CommentsClose CommentsPermalink
(1) UNFPA maintains amounts made available to UNFPA under this section in an account separate from other accounts of UNFPA;CommentsClose CommentsPermalink
(2) UNFPA does not commingle amounts made available to UNFPA under this section with other sums; andCommentsClose CommentsPermalink
(3) UNFPA does not fund abortions.CommentsClose CommentsPermalink
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) NOTIFICATION- Assistance provided under subsection (a) shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961;CommentsClose CommentsPermalink
(2) credits extended or guarantees issued under the Arms Export Control Act; orCommentsClose CommentsPermalink
(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 (
(b) LIMITATIONS-CommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) CONDITIONS- The authority provided by subsection (a) may be exercised only with respect to a country whose government--CommentsClose CommentsPermalink
(1) does not have an excessive level of military expenditures;CommentsClose CommentsPermalink
(2) has not repeatedly provided support for acts of international terrorism;CommentsClose CommentsPermalink
(3) is not failing to cooperate on international narcotics control matters;CommentsClose CommentsPermalink
(4) (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights; andCommentsClose CommentsPermalink
(5) is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.CommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 663. (a) Loans Eligible for Sale, Reduction, or Cancellation-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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').CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) Funds appropriated by title II of
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.CommentsClose CommentsPermalink
SUDAN
SEC. 666. (a) LIMITATION ON ASSISTANCE- Subject to subsection (b):CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Subsection (a) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations that:CommentsClose CommentsPermalink
(1) The Government of Sudan honors its pledges to cease attacks upon civilians and disarms and demobilizes the Janjaweed and other government-supported militias.CommentsClose CommentsPermalink
(2) The Government of Sudan and all government-supported militia groups are honoring their commitments made in all previous cease-fire agreements.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) EXCEPTIONS- The provisions of subsection (a) shall not apply to--CommentsClose CommentsPermalink
(1) humanitarian assistance;CommentsClose CommentsPermalink
(2) assistance for the Darfur region, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) DEFINITIONS- For the purposes of this Act, the term `Government of Sudan' shall not include the Government of Southern Sudan.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) determines that the provision of such items is in the national interest of the United States; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) conducting oversight of UNDP programs and activities globally; andCommentsClose CommentsPermalink
(3) implementing a whistleblower protection policy equivalent to that recommended by the United Nations Secretary General on December 3, 2007.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) the World Bank is adequately staffing and sufficiently funding the Department of Institutional Integrity;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(E) the World Bank is implementing the recommendations of the `Volcker Panel' report in a timely manner.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Report-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(e) National Budget Transparency-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) The reporting requirement pursuant to section 585(b) of
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
(b) HAITI-CommentsClose CommentsPermalink
(1) The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) ASSISTANCE FOR GUATEMALA-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) ELIGIBILITY FOR GRANTS- Grants from the DGP shall be made only for proposals of nongovernmental organizations.CommentsClose CommentsPermalink
(c) COMPETITION- Grants made pursuant to the authority of this section shall be provided through an open, transparent and competitive process.CommentsClose CommentsPermalink
(d) Size of Program and Individual Grants-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) No individual organization can receive grants, or grant amendments, made pursuant to this section in excess of $2,000,000.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
(b) RESTRICTIONS-CommentsClose CommentsPermalink
(1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175.CommentsClose CommentsPermalink
(2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2009.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) CONSULTATIONS- The USAID Administrator shall consult with the Committees on Appropriations at least on a quarterly basis concerning the implementation of this section.CommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) Of the amount provided in subsection (a), $13,000,000 may be made available upon enactment of this Act.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) on the steps taken by the Government of Indonesia on the following--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(ii) implementation by the Armed Forces of reforms to increase the transparency and accountability of their operations and financial management; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) the steps taken by the Indonesian military to divest itself of illegal businesses.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) ENERGY-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) EXTRACTION OF NATURAL RESOURCES-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) in investigating and prosecuting the individuals responsible for the deliberate killings of civilians in Andijan in May 2005.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) For the purpose of this section `assistance' shall include excess defense articles.CommentsClose CommentsPermalink
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, eExecutive 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the steps being taken to obtain the cooperation of the government in surrendering the indictee in question to the court of jurisdiction;CommentsClose CommentsPermalink
(2) a strategy, including a timeline, for bringing the indictee before such court; andCommentsClose CommentsPermalink
(3) the justification for exercising the waiver authority.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) The provision of equipment and training for law enforcement, including in the interpretation of intellectual property laws.CommentsClose CommentsPermalink
(2) The provision of training for judges and prosecutors, including in the interpretation of intellectual property laws.CommentsClose CommentsPermalink
(3) The provision of assistance in complying with obligations under applicable international treaties and agreements on copyright and intellectual property.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) adopt and implement judicial reforms that protect the independence of the judiciary;CommentsClose CommentsPermalink
(2) review criminal procedures and train police leadership in modern policing to curb police abuses; andCommentsClose CommentsPermalink
(3) detect and destroy the smuggling network and tunnels that lead from Egypt to Gaza.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
`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.'.CommentsClose CommentsPermalink
(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 (
(c) TECHNICAL CORRECTION- (1) In General- Section 212(a)(3)(B)(ii) of the Immigration and Nationality Act (
(d) DESIGNATION OF THE TALIBAN AS A TERRORIST ORGANIZATION- For purposes of section 212(a)(3)(B) of the Immigration and Nationality Act (
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) a breakdown of the types of terrorist organizations to which the individuals described in paragraph (1) have provided material support;CommentsClose CommentsPermalink
(3) a description of the factors that the Department of Homeland Security considers when evaluating duress waivers; andCommentsClose CommentsPermalink
(4) any other information that the Secretary believes that the Congress should consider while overseeing the Department's application of duress waivers.CommentsClose CommentsPermalink
(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 (
(1) removal proceedings instituted before, on, or after the date of enactment of this section; andCommentsClose CommentsPermalink
(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
(b) The prohibition under subsection (a) shall not apply if--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(2) the United States is a member of the Human Rights Council.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) For purposes of this section, the term `countries of Central Asia' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Of the funds made available pursuant to subsection (a), not more than 7 percent may be for management, oversight and technical support.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) the principle that such placements should be based on informed consent which has not been induced by payment or compensation;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(4) the recognition that programs that protect and support families can reduce the abandonment and exploitation of children.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) RESPONSIBILITIES- The Advisor shall:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) Provide for the oversight and coordination of all resources, programs, projects, and activities of the United States Government to protect the rights and address the needs of indigenous peoples internationally; and(3).CommentsClose CommentsPermalink
(3) Develop and coordinate assistance strategies with specific goals, guidelines, benchmarks, and impact assessments (including support for local indigenous peoples' organizations).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) taking steps to implement policies which reflect a respect for minority rights and the rule of law.CommentsClose CommentsPermalink
(d) This section shall not apply to Kosovo, humanitarian assistance or assistance to promote democracy.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) the Philippine Government is implementing the recommendations of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) the Philippine military is not engaging in acts of intimidation or violence against members of legal organizations who advocate for human rights.CommentsClose CommentsPermalink
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), :CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) is implementing democratic reforms, including--CommentsClose CommentsPermalink
(A) restoring the Constitution of Pakistan and ensuring freedoms of expression and assembly and other civil liberties guaranteed by the Constitution;CommentsClose CommentsPermalink
(B) releasing political detainees and allowing inclusive democratic elections;CommentsClose CommentsPermalink
(C) ending harassment and detention of journalists, human rights defenders and government critics by security and intelligence forces; andCommentsClose CommentsPermalink
(D) restoring an independent judiciary and ending interference in the judicial process.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) the Sri Lankan Government is providing access to humanitarian organizations and journalists throughout the country consistent with international humanitarian law; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Subsection (a) shall not apply to technology or equipment made available for the limited purposes of maritime and air surveillance and communications.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) Pposting Inspection Panel position vacancy announcements on the Inspection Panel's website and in publications that have wide circulation in member countries;CommentsClose CommentsPermalink
(2) Mmaking public official procedures for the selection of Inspection Panel vacancies; andCommentsClose CommentsPermalink
(3) Pposting 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.CommentsClose CommentsPermalink
(b) AUTHORIZATIONS-CommentsClose CommentsPermalink
(1) Section 501(i) of title V of H.R. 3425 as enacted into law by section 1000(a)(5) of
(2) Section 801(b)(1)(ii) of
MILLENNIUM CHALLENGE CORPORATION
SEC. 699I. (a) Section 607(b) of the Millennium Challenge Act of 2003 (
(1) in paragraph (2)(B) by striking `and the sustainable management of natural resources'; andCommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `and';CommentsClose CommentsPermalink
(B) in subparagraph (B), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding the following subparagraph:CommentsClose CommentsPermalink
`(C) promote the protection of biodiversity and the transparent and sustainable management and use of natural resources.'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The report required in paragraph (1) shall include, at a minimum, a description of:(A) Compacts in development, --CommentsClose CommentsPermalink
(A) compacts in development, including the status of negotiations and the approximate range of value of the proposed compact;CommentsClose CommentsPermalink
(B) Ccompacts 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;CommentsClose CommentsPermalink
(C) Tthreshold country programs in development, including the approximate range of value of the threshold country agreement;CommentsClose CommentsPermalink
(D) Tthreshold country programs in implementation;CommentsClose CommentsPermalink
and(E) U(E) use of administrative funds.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) The report required in paragraph (1) shall be updated on a quarterly basis.CommentsClose CommentsPermalink
CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS
SEC. 699J. Section 1059(c) of the National Defense Authorization Act for Fiscal Year 2006 (
`(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.'.CommentsClose CommentsPermalink
IRAQ
SEC. 699K. (a) None of the funds appropriated or otherwise made available by this Act may be made available for assistance for Iraq.CommentsClose CommentsPermalink
(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
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.CommentsClose CommentsPermalink
(b) Any individual on the list submitted under subsection (a) shall be ineligible for admission to the United States.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) for working with other countries to ensure adequate accounting and security for such materials on an ongoing basis thereafter.CommentsClose CommentsPermalink
(b) For each element of the accounting and security effort described under subsection (a)(2), the plan shall--CommentsClose CommentsPermalink
(1) clearly designate agency and departmental responsibility and accountability;CommentsClose CommentsPermalink
(2) specify program goals, with metrics for measuring progress, estimated schedules, and specified milestones to be achieved;CommentsClose CommentsPermalink
(3) provide estimates of the program budget requirements and resources to meet the goals for each year; andCommentsClose CommentsPermalink
(4) provide the strategy for diplomacy and related tools and authority to accomplish the program element;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) PROPORTIONATE APPLICATION- Any rescission made by subsection (a) shall be applied proportionately--CommentsClose CommentsPermalink
(1) to each discretionary account and each item of budget authority described in subsection (a); andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
This division may be cited as the `Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008'.CommentsClose CommentsPermalink
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
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $9,140,900.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $370,000, as authorized by
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
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
compensation for air carriers
(RESCISSION)
Of the remaining unobligated balances under section 101(a)(2) of
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'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy
Sec. 113. Amounts collected under
SEC. 114. (a)
(b) Section 44303(b) of such title is amended by striking `2006,' and inserting `2008,'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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'.CommentsClose CommentsPermalink
(b) Ticket Taxes-CommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
(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'.CommentsClose CommentsPermalink
(c) Airport and Airway Trust Fund Expenditure Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (1) of section 9502(d) of such Code is amended--CommentsClose CommentsPermalink
(A) by striking `October 1, 2007' and inserting `March 1, 2008', andCommentsClose CommentsPermalink
(B) by inserting `or the Department of Transportation Appropriations Act, 2008' in subparagraph (A) before the semicolon at the end.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Paragraph (2) of section 9502(f) of such Code is amended by striking `October 1, 2007' and inserting `March 1, 2008'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall take effect on October 1, 2007.CommentsClose CommentsPermalink
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 (
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) DEFINITIONS- In this section, the following definitions apply:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) COVERED AIR CARRIER- The term `covered air carrier' means an air carrier that is involved in a covered transaction.CommentsClose CommentsPermalink
(3) COVERED EMPLOYEE- The term `covered employee' means an employee who--CommentsClose CommentsPermalink
(A) is not a temporary employee; andCommentsClose CommentsPermalink
(B) is a member of a craft or class that is subject to the Railway Labor Act (
(4) COVERED TRANSACTION- The term `covered transaction' means--CommentsClose CommentsPermalink
(A) a transaction for the combination of multiple air carriers into a single air carrier; and whichCommentsClose CommentsPermalink
(B) involves the transfer of ownership or control of--CommentsClose CommentsPermalink
(i) 50 percent or more of the equity securities (as defined in
(ii) 50 percent or more (by value) of the assets of the air carrier.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
(ADDITIONAL OBLIGATION LIMITATION)
(HIGHWAY TRUST FUND)
For an additional amount of obligation limitation to be distributed for the purpose of
(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
(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
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
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
DELTA REGIONAL TRANSPORTATION DEVELOPMENT PROGRAM
For necessary expenses for the Delta Regional Transportation Development Program as authorized under section 1308 of
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
(INCLUDING RESCISSIONS)
SEC. 120. (a) For fiscal year 2008, the Secretary of Transportation shall--CommentsClose CommentsPermalink
(1) not distribute from the obligation limitation for Federal-aid highways amounts authorized for administrative expenses and programs by
(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;CommentsClose CommentsPermalink
(3) determine the ratio that--CommentsClose CommentsPermalink
(A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2), bears toCommentsClose CommentsPermalink
(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
(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
(B) distribute $2,000,000,000 for
(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; andCommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) amounts authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear toCommentsClose CommentsPermalink
(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all States for such fiscal year.CommentsClose CommentsPermalink
(b) EXCEPTIONS FROM OBLIGATION LIMITATION- The obligation limitation for Federal-aid highways shall not apply to obligations: (1) under
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) are authorized to be appropriated for such fiscal year for Federal-aid highways programs; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) RATIO- Funds shall be distributed under paragraph (1) in the same ratio as the distribution of obligation authority under subsection (a)(6).CommentsClose CommentsPermalink
(3) AVAILABILITY- Funds distributed under paragraph (1) shall be available for any purposes described in
(f) SPECIAL LIMITATION CHARACTERISTICS- Obligation limitation distributed for a fiscal year under subsection (a)(4) for the provision specified in subsection (a)(4) shall--CommentsClose CommentsPermalink
(1) remain available until used for obligation of funds for that provision; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(g) HIGH PRIORITY PROJECT FLEXIBILITY-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 121. Notwithstanding
Sec. 122. Of the unobligated balances made available under sections 1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108 of
Sec. 123. Of the unobligated balances made available under section 1602 of
Sec. 124. Of the unobligated balances made available under
Sec. 125. Of the amounts made available under
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.CommentsClose CommentsPermalink
Sec. 127. Of the amounts made available for `Highway Related Safety Grants' by
Sec. 128. Of the unobligated balances made available under
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
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.CommentsClose CommentsPermalink
SEC. 131. Notwithstanding any other provision of law, amounts authorized for fiscal year 2008 for programs under sections 1305 and 1502 of
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the provisions of
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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development, $35,964,400, to remain available until expended.CommentsClose CommentsPermalink
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 ten10 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
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 (
RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM
For necessary expenses of carrying out
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 three3 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
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 one1 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 152. The Secretary may purchase promotional items of nominal value for use in public outreach activities to accomplish the purposes of
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.CommentsClose CommentsPermalink
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
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
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out
CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out
AC Transit BRT Corridor--Alameda County, California, $490,000.CommentsClose CommentsPermalink
Alaska and Hawaii ferry projects, $15,000,000.CommentsClose CommentsPermalink
Bus Rapid Transit, Cumberland County, Pennsylvania, $294,000.CommentsClose CommentsPermalink
Central Corridor Light Rail, Minnesota, $10,192,000.CommentsClose CommentsPermalink
Central Link Initial Segment, Washington, $68,600,000.CommentsClose CommentsPermalink
Central LRT Double-Track--Largo Extension, Maryland, $34,300,000.CommentsClose CommentsPermalink
Central Phoenix/East Valley Light Rail, Arizona, $88,200,000.CommentsClose CommentsPermalink
Charlotte Rapid Transit, North Carolina, $1,960,000.CommentsClose CommentsPermalink
CORRIDORone Regional Rail Project, Pennsylvania, $10,976,000.CommentsClose CommentsPermalink
DCTA Fixed Guideway/Engineering, Lewisville, Texas, $245,000.CommentsClose CommentsPermalink
Denali Commission, Alaska, $5,000,000.CommentsClose CommentsPermalink
Dulles Corridor Metrorail Project, Virginia, $34,300,000.CommentsClose CommentsPermalink
Galveston Rail Trolley, Texas, $1,960,000.CommentsClose CommentsPermalink
Honolulu High Capacity Transit Corridor, Hawaii, $15,190,000.CommentsClose CommentsPermalink
Hudson-Bergen MOS-2, New Jersey, $54,089,135.CommentsClose CommentsPermalink
I-205/Portland Mall Light Rail, Oregon, $78,400,000.CommentsClose CommentsPermalink
I-69 HOV/BRT, Mississippi, $7,546,000.CommentsClose CommentsPermalink
JTA Bus Rapid Transit, Jacksonville, Florida, $9,329,600.CommentsClose CommentsPermalink
Lane Transit District, Pioneer Parkway EmX Corridor, Oregon, $14,504,000.CommentsClose CommentsPermalink
Long Island Rail Road East Side Access, New York, $210,700,000.CommentsClose CommentsPermalink
MARC Commuter Rail Improvements and Rolling Stock, Maryland, $9,800,000.CommentsClose CommentsPermalink
MBTA Fitchburg to Boston Rail Corridor Project, Massachusetts, $5,880,000.CommentsClose CommentsPermalink
METRA Connects Southeast Service, Illinois, $7,227,500.CommentsClose CommentsPermalink
METRA Star Line, Illinois, $7,227,500.CommentsClose CommentsPermalink
METRA Union Pacific Northwest Line, Illinois, $7,227,500.CommentsClose CommentsPermalink
METRA Union Pacific West Line, Illinois, $7,227,500.CommentsClose CommentsPermalink
Metro Gold Line Eastside Extension, California, $78,400,000.CommentsClose CommentsPermalink
Metrorail Orange Line Expansion, Florida, $1,960,000.CommentsClose CommentsPermalink
Metro Rapid Bus System Gap Closure, Los Angeles, California, $16,347,380.CommentsClose CommentsPermalink
Mid-Jordan Light Rail Extension, Utah, $19,600,000.CommentsClose CommentsPermalink
Monmouth-Ocean-Middlesex County Passenger Rail, New Jersey, $980,000.CommentsClose CommentsPermalink
New Britain-Hartford Busway, Connecticut, $3,271,632.CommentsClose CommentsPermalink
Norfolk Light Rail Project, Virginia, $23,030,000.CommentsClose CommentsPermalink
North Corridor, Houston and Southeast Corridor, Texas, $19,600,000.CommentsClose CommentsPermalink
North Shore Corridor & Blue Line, Massachusetts, $1,960,000.CommentsClose CommentsPermalink
NorthStar Commuter, Minnesota, $53,900,000.CommentsClose CommentsPermalink
Northern Indiana Commuter Transit District Recapitalization, Indiana, $4,900,000.CommentsClose CommentsPermalink
North Shore LRT Connector, Pennsylvania, $32,846,115.CommentsClose CommentsPermalink
Northwest NJ-Northeast PA, Pennsylvania, $2,940,000.CommentsClose CommentsPermalink
NW/SE LRT MOS, Texas, $84,525,000.CommentsClose CommentsPermalink
Pacific Highway South BRT, King County, Washington, $13,794,480.CommentsClose CommentsPermalink
Perris Valley Line Metrolink Extension, California, $1,960,000.CommentsClose CommentsPermalink
Pawtucket/Central Falls Commuter Rail Station, Rhode Island, $1,960,000.CommentsClose CommentsPermalink
Planning and Design, Bus Rapid Transit-State Avenue Corridor, Wyandotte County, Kansas, $1,470,000.CommentsClose CommentsPermalink
Provo Orem Bus Rapid Transit, Utah, $4,018,000.CommentsClose CommentsPermalink
Rapid Transit (BRT) project, Livermore, California, $2,940,000.CommentsClose CommentsPermalink
Ravenswood Line Extension, Illinois, $39,200,000.CommentsClose CommentsPermalink
Route 1 Bus Rapid Transit, Potomac Yard-Crystal City, Alexandria and Arlington, Virginia, $980,000.CommentsClose CommentsPermalink
Second Avenue Subway Phase 1, New York, $167,810,300.CommentsClose CommentsPermalink
SMART EIS and PE, California, $1,960,000.CommentsClose CommentsPermalink
South County Commuter Rail Wickford Junction Station, Rhode Island, $12,269,449.CommentsClose CommentsPermalink
Southeast Corridor LRT, Colorado, $50,529,274.CommentsClose CommentsPermalink
South Sacramento Corridor Phase 2, California, $4,410,000.CommentsClose CommentsPermalink
Telegraph Avenue-International Boulevard-East 14th Street Bus Rapid Transit Corridor Improvements, California, $1,960,000.CommentsClose CommentsPermalink
Third Street Light Rail, San Francisco, California, $11,760,000.CommentsClose CommentsPermalink
Trans-Hudson Midtown Corridor, New Jersey, $14,700,000.CommentsClose CommentsPermalink
Troost Corridor Bus Rapid Transit, Missouri, $6,134,800.CommentsClose CommentsPermalink
West Corridor Light Rail Project, Colorado, $39,200,000.CommentsClose CommentsPermalink
University Link LRT, Washington, $19,600,000.CommentsClose CommentsPermalink
VIA Bus Rapid Transit Corridor Project, San Antonio, Texas, $4,900,000.CommentsClose CommentsPermalink
Virginia Railway Express Extension--Gainesville/Haymarket, Virginia, $490,000.CommentsClose CommentsPermalink
VRE Rolling Stock, Virginia, $3,920,000.CommentsClose CommentsPermalink
Weber County to Salt Lake City, Utah, $78,400,000.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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-i