[110th Congress Public Law 161]
[From the U.S. Government Printing Office]
[DOCID: f:publ161.110]
[[Page 1843]]
CONSOLIDATED APPROPRIATIONS ACT, 2008
[[Page 121 STAT. 1844]]
Public Law 110-161
110th Congress
An Act
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2008, and
for other <<NOTE: Dec. 26, 2007 - [H.R. 2764]>> purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Consolidated Appropriations
Act, 2007.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Emergency designations.
Sec. 6. Statement of appropriations.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
Title VI--Rescissions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2008
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
[[Page 121 STAT. 1845]]
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
Title I--Department of Homeland Security
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research and Development, Training, and Services
Title V--General Provisions
Title VI--Border Infrastructure and Technology Modernization
DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
Title V--Wildfire Suppression Emergency Appropriations
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--National Commission on Children and Disasters
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008
Title I--Legislative Branch Appropriations
Title II--General Provisions
DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2008
Title I--Department of State and Related Agencies
Title II--Export and Investment Assistance
Title III--Bilateral Economic Assistance
Title IV--Military Assistance
Title V--Multilateral Economic Assistance
Title VI--General Provisions
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act
DIVISION L--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR OPERATION ENDURING
FREEDOM AND FOR OTHER PURPOSES
SEC. 3. <<NOTE: 1 USC 1 note.>> 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.
[[Page 121 STAT. 1846]]
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding the consolidated appropriations
amendment of the House of Representatives to the amendment of the Senate
to H.R. 2764, printed in the House section of the Congressional Record
on or about December 17, 2007 by the Chairman of the Committee on
Appropriations of the House, shall have the same effect with respect to
the allocation of funds and implementation of divisions A through K of
this Act as if it were a joint explanatory statement of a committee of
conference.
SEC. 5. EMERGENCY DESIGNATIONS.
Any designation in any division of this Act referring to this
section is a designation of an amount as an emergency requirement and
necessary to meet emergency needs pursuant to subsections (a) and (b) of
section 204 of S. Con. Res. 21 (110th Congress), the concurrent
resolution on the budget for fiscal year 2008.
SEC. 6. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008.
DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2008.>> RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,097,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
including economic analysis, risk assessment, cost-benefit analysis,
energy and new uses, and the functions of the World Agricultural Outlook
Board, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C.
1622g), $10,487,000.
National Appeals Division
For necessary expenses of the National Appeals Division,
$14,466,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program Analysis,
$8,270,000.
[[Page 121 STAT. 1847]]
Homeland Security Staff
For necessary expenses of the Homeland Security Staff, $931,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $16,361,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$5,850,000: Provided, <<NOTE: Reports.>> That no funds made available by
this appropriation may be obligated for FAIR Act or Circular A-76
activities until the Secretary has submitted to the Committees on
Appropriations of both Houses of Congress and the Committee on Oversight
and Government Reform of the House of Representatives a report on the
Department's contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $854,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $20,496,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for
Administration, $673,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $196,252,000, to remain available until expended, of
which $156,590,000 shall be available for payments to the General
Services Administration for rent and the Department of Homeland Security
for building security: Provided, <<NOTE: Notification.>> That amounts
which are made available for space rental and related costs for the
Department of Agriculture in this Act may be transferred between such
appropriations to cover the costs of additional, new, or replacement
space 15 days after notice thereof is transmitted to the Appropriations
Committees of both Houses of Congress.
[[Page 121 STAT. 1848]]
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.), $4,886,000, to remain available
until expended: Provided, That appropriations and funds available herein
to the Department for Hazardous Materials Management may be transferred
to any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $23,144,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not otherwise
provided for and necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant Secretary for
Congressional Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch, $3,795,000: Provided, That these funds may
be transferred to agencies of the Department of Agriculture funded by
this Act to maintain personnel at the agency level: Provided further,
That no funds made available by this appropriation may be obligated
after 30 days from the date of enactment of this Act, unless the
Secretary has notified the Committees on Appropriations of both Houses
of Congress on the allocation of these funds by USDA agency: Provided
further, That no other funds appropriated to the Department by this Act
shall be available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses of the Office of Communications to carry out
services relating to the coordination of programs involving public
affairs, for the dissemination of agricultural information, and the
coordination of information, work, and programs authorized by Congress
in the Department, $9,338,000.
[[Page 121 STAT. 1849]]
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$80,052,000, including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons pursuant to
section 6(a)(9) of the Inspector General Act of 1978, and including not
to exceed $125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the direction
of the Inspector General pursuant to Public Law 95-452 and section 1337
of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$39,227,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education and Economics to administer the laws enacted by the
Congress for the Economic Research Service, the National Agricultural
Statistics Service, the Agricultural Research Service, and the
Cooperative State Research, Education, and Extension Service, $596,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, $77,943,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work,
$163,355,000, of which up to $52,351,000 shall be available until
expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,128,944,000: Provided, <<NOTE: 7 USC 2254.>> That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250
[[Page 121 STAT. 1850]]
for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except for 10
buildings to be constructed or improved at a cost not to exceed $750,000
each, and the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of the
building or $375,000, whichever is greater: Provided
further, <<NOTE: Maryland.>> That the limitations on alterations
contained in this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings needed
to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law: Provided
further, <<NOTE: Tobacco and tobacco products. 7 USC 2254a.>> That
hereafter none of the funds appropriated under this heading shall be
available to carry out research related to the production, processing,
or marketing of tobacco or tobacco products.
Buildings and Facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $47,082,000, to
remain available until expended.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$672,997,000, as follows: to carry out the provisions of the Hatch Act
of 1887 (7 U.S.C. 361a-i), $197,192,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $24,966,000; for
payments to eligible institutions (7 U.S.C. 3222), $41,340,000, provided
that each institution receives no less than $1,000,000; for special
grants for agricultural research (7 U.S.C. 450i(c)), $92,422,000, of
which $2,095,000 shall be for grants pursuant to 7 U.S.C. 3155; for
competitive grants for agricultural research on improved pest control (7
U.S.C. 450i(c)), $15,421,000; for competitive research grants (7 U.S.C.
450i(b)), $192,229,000; for the support of animal health and disease
programs (7 U.S.C. 3195), $5,006,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $825,000; for grants for research
pursuant to the Critical Agricultural Materials Act (7 U.S.C. 178 et
seq.), $1,091,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to section 536 of
Public Law 103-382 (7 U.S.C. 301 note), $1,544,000, to remain available
until expended; for rangeland research grants (7 U.S.C. 3333), $990,000;
for higher education graduate fellowship grants (7 U.S.C.
[[Page 121 STAT. 1851]]
3152(b)(6)), $3,701,000, to remain available until expended (7 U.S.C.
2209b); for a program pursuant to section 1415A of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3151a), $875,000, to remain available until expended; for higher
education challenge grants (7 U.S.C. 3152(b)(1)), $5,423,000; for a
higher education multicultural scholars program (7 U.S.C. 3152(b)(5)),
$988,000, to remain available until expended (7 U.S.C. 2209b); for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241), $6,089,000; for competitive grants for the purpose of carrying
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78)
to individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded equally to each
of the States of Alaska and Hawaii, $3,218,000; for a secondary
agriculture education program and 2-year post-secondary education (7
U.S.C. 3152(j)), $990,000; for aquaculture grants (7 U.S.C. 3322),
$3,956,000; for sustainable agriculture research and education (7 U.S.C.
5811), $14,500,000; for a program of capacity building grants (7 U.S.C.
3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222, $13,688,000, to remain available until expended (7 U.S.C.
2209b); for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382, $3,342,000; for resident instruction
grants for insular areas under section 1491 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363),
$750,000; and for necessary expenses of Research and Education
Activities, $42,451,000, of which $2,723,000 for the Research,
Education, and Economics Information System and $2,151,000 for the
Electronic Grants Information System, are to remain available until
expended: Provided, <<NOTE: Tobacco and tobacco products. 7 USC
2254b.>> That hereafter none of the funds appropriated under this
heading shall be available to carry out research related to the
production, processing, or marketing of tobacco or tobacco products:
Provided further, That hereafter this paragraph shall not apply to
research on the medical, biotechnological, food, and industrial uses of
tobacco.
Native American Institutions Endowment Fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa,
$456,460,000, as follows: payments for cooperative extension work under
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of
said Act, and under section 208(c) of Public Law 93-471, for retirement
and employees' compensation costs for extension agents, $276,596,000;
payments for extension work at the 1994 Institutions under the Smith-
Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments for the nutrition
and family education program for low-income areas under section 3(d) of
the Act, $66,019,000; payments for the pest management program under
section 3(d) of the Act, $9,860,000; payments for the farm safety
program under section 3(d) of the Act, $4,759,000; payments for New
Technologies for Ag Extension under section 3(d) of the Act, $1,485,000;
payments to upgrade research, extension, and teaching
[[Page 121 STAT. 1852]]
facilities at institutions eligible to receive funds under 7 U.S.C. 3221
and 3222, $17,389,000, to remain available until expended; payments for
youth-at-risk programs under section 3(d) of the Smith-Lever Act,
$8,024,000; for youth farm safety education and certification extension
grants, to be awarded competitively under section 3(d) of the Act,
$467,000; payments for carrying out the provisions of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.), $4,036,000;
payments for the federally-recognized Tribes Extension Program under
section 3(d) of the Smith-Lever Act, $3,000,000; payments for
sustainable agriculture programs under section 3(d) of the Act,
$4,600,000; payments for rural health and safety education as authorized
by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $1,750,000;
payments for cooperative extension work by eligible institutions (7
U.S.C. 3221), $36,103,000, provided that each institution receives no
less than $1,000,000; for grants to youth organizations pursuant to
section 7630 of title 7, United States Code, $1,750,000; and for
necessary expenses of Extension Activities, $17,301,000.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $56,244,000, as
follows: for competitive grants programs authorized under section 406 of
the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7626), $42,286,000, including $12,738,000 for the water
quality program, $14,699,000 for the food safety program, $4,125,000 for
the regional pest management centers program, $4,419,000 for the Food
Quality Protection Act risk mitigation program for major food crop
systems, $1,375,000 for the crops affected by Food Quality Protection
Act implementation, $3,075,000 for the methyl bromide transition
program, and $1,855,000 for the organic transition program; for a
competitive international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $2,000,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $737,000, to
remain available until September 30, 2009, for the critical issues
program; $1,321,000 for the regional rural development centers program;
and $9,900,000 for the Food and Agriculture Defense Initiative
authorized under section 1484 of the National Agricultural Research,
Extension, and Teaching Act of 1977, to remain available until September
30, 2009.
Outreach for Socially Disadvantaged Farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$6,440,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs to administer programs under the laws
enacted by the Congress for the Animal and Plant Health Inspection
Service; the Agricultural Marketing Service; and
[[Page 121 STAT. 1853]]
the Grain Inspection, Packers and Stockyards Administration; $721,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, necessary to prevent,
control, and eradicate pests and plant and animal diseases; to carry out
inspection, quarantine, and regulatory activities; and to protect the
environment, as authorized by law, including up to $30,000 for
representation allowances and for expenses pursuant to the Foreign
Service Act of 1980 (22 U.S.C. 4085), $873,754,000, of which $1,000,000
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds to
the extent necessary to meet emergency conditions; of which $37,269,000
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $9,750,000
shall be available for a National Animal Identification program; of
which $51,725,000 shall be used to conduct a surveillance and
preparedness program for highly pathogenic avian influenza: Provided,
That no funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided further,
That this appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four, of which
two shall be for replacement only: Provided further, That, in addition,
in emergencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious or
infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be available
pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
In fiscal year 2008, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
[[Page 121 STAT. 1854]]
Agricultural Marketing Service
marketing services
For necessary expenses to carry out services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, $76,862,000, including funds for the
wholesale market development program for the design and development of
wholesale and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,233,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses:
Provided, <<NOTE: Notification.>> That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, including not
less than $10,000,000 for replacement of a system to support commodity
purchases, except for: (1) transfers to the Department of Commerce as
authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers
otherwise provided in this Act; and (3) not more than $16,798,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961.
Payments to States and Possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$11,709,000, of which not less than $1,875,000 shall be used to make a
grant under this heading: Provided, That of the amount provided under
this heading, $8,500,000, to remain available until expended, is for
specialty crop block grants authorized under section 101 of the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7
U.S.C. 1621 note), of which not to exceed 5 percent may be available for
administrative expenses.
[[Page 121 STAT. 1855]]
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain under
the Agricultural Marketing Act of 1946, $38,785,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Limitation on Inspection and Weighing Services Expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, <<NOTE: Notification.>> That if grain export activities
require additional supervision and oversight, or other uncontrollable
factors occur, this limitation may be exceeded by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety to administer the laws enacted by the Congress for the Food
Safety and Inspection Service, $600,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $930,120,000, of which no
less than $829,807,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this account
from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 138f): Provided, <<NOTE: Employment
positions.>> That no fewer than 83 full time equivalent positions above
the fiscal year 2002 level shall be employed during fiscal year 2008 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act: Provided further, That of the amount
available under this heading, $3,000,000 shall be obligated to maintain
the Humane Animal Tracking System as part of the Public Health Data
Communication Infrastructure System: Provided further, That not to
exceed $650,000 is for construction of a laboratory sample receiving
facility: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
[[Page 121 STAT. 1856]]
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary expenses of the Office of the Under Secretary for Farm
and Foreign Agricultural Services to administer the laws enacted by
Congress for the Farm Service Agency, the Foreign Agricultural Service,
the Risk Management Agency, and the Commodity Credit Corporation,
$632,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$1,134,045,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That none of the funds made
available by this Act may be used to pay the salary or expenses of any
officer or employee of the Department of Agriculture to close or
relocate any county or field office of the Farm Service Agency (other
than a county or field office that had zero employees as of February 7,
2007), or to develop, submit, consider, or approve any plan for any such
closure or relocation before enactment of an omnibus authorization law
to provide for the continuation of agricultural programs for fiscal
years after 2007.
State Mediation Grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $4,400,000.
Grassroots Source Water Protection Program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $3,713,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, $100,000, to remain available until expended:
Provided, That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).
[[Page 121 STAT. 1857]]
Agricultural Credit Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from
funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,471,257,000, of which $1,247,400,000 shall be for
unsubsidized guaranteed loans and $223,857,000 shall be for direct
loans; operating loans, $1,875,686,000, of which $1,024,650,000 shall be
for unsubsidized guaranteed loans, $271,886,000 shall be for subsidized
guaranteed loans and $579,150,000 shall be for direct loans; Indian
tribe land acquisition loans, $3,960,000; and for boll weevil
eradication program loans, $100,000,000: Provided, <<NOTE: Pink
Bollworm.>> That the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $14,952,000, of which
$4,990,000 shall be for unsubsidized guaranteed loans, and $9,962,000
shall be for direct loans; operating loans, $134,561,000, of which
$24,797,000 shall be for unsubsidized guaranteed loans, $36,270,000
shall be for subsidized guaranteed loans, and $73,494,000 shall be for
direct loans; and Indian tribe land acquisition loans, $125,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $311,229,000, of which $303,309,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs:
Provided, <<NOTE: Notification. Deadline.>> That the Committees on
Appropriations of both Houses of Congress are notified at least 15 days
in advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by section
226A of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933), $76,658,000: Provided, That not more than $11,166,000 of
the funds made available under section 522(e) of the Federal Crop
Insurance Act (7 U.S.C. 1522(e)) may be used for program compliance and
integrity purposes, including the data mining project, and for the
Common Information Management System: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard
[[Page 121 STAT. 1858]]
to fiscal year limitations as provided by section 104 of the Government
Corporation Control Act as may be necessary in carrying out the programs
set forth in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment to administer the laws enacted by the
Congress for the Forest Service and the Natural Resources Conservation
Service, $742,000.
Natural Resources Conservation Service
Conservation Operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and
[[Page 121 STAT. 1859]]
such special measures for soil and water management as may be necessary
to prevent floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation plant
materials centers; classification and mapping of soil; dissemination of
information; acquisition of lands, water, and interests therein for use
in the plant materials program by donation, exchange, or purchase at a
nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7
U.S.C. 428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and maintenance of
aircraft, $840,326,000, to remain available until September 30, 2009:
Provided, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
qualified local engineers may be temporarily employed at per diem rates
to perform the technical planning work of the Service.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in
accordance with the provisions of laws relating to the activities of the
Department, $30,000,000, to remain available until expended: Provided,
That not to exceed $15,500,000 of this appropriation shall be available
for technical assistance.
Watershed Rehabilitation Program
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$20,000,000, to remain available until expended.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16
U.S.C. 590a-f); and subtitle H of title XV of the Agriculture and Food
Act of 1981 (16 U.S.C. 3451-3461), $51,088,000, to remain available
until expended: Provided, That not to exceed $3,073,000 shall be
available for national headquarters activities.
[[Page 121 STAT. 1860]]
Healthy Forests Reserve Program
For necessary expenses to carry out the Healthy Forests Reserve
Program authorized under title V of Public Law 108-148 (16 U.S.C. 6571-
6578), $2,000,000, to remain available until expended.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service, $632,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$169,998,000: Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for advertising and
promotional activities that support the Rural Development mission area:
Provided further, That not more than $10,000 may be expended to provide
modest nonmonetary awards to non-USDA employees: Provided further, That
any balances available from prior years for the Rural Utilities Service,
Rural Housing Service, and the Rural Business-Cooperative Service
salaries and expenses accounts shall be transferred to and merged with
this appropriation.
Rural Housing Service
Rural Housing Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$5,349,391,000 for loans to section 502 borrowers, of which
$1,129,391,000 shall be for direct loans, and of which $4,220,000,000
shall be for unsubsidized guaranteed loans; $34,652,000 for section 504
housing repair loans; $70,000,000 for section 515 rental housing;
$130,000,000 for section 538 guaranteed multi-family housing loans;
$5,045,000 for section 524 site loans; $11,485,000 for credit sales of
acquired property, of which up to $1,485,000 may be for multi-family
credit sales; and $5,000,000 for section 523 self-help housing land
development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans,
[[Page 121 STAT. 1861]]
$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, <<NOTE: Alaska.>> That any funds under this paragraph
initially allocated by the Secretary for housing projects in the State
of Alaska that are not obligated by September 30, 2008, shall be carried
over until September 30, 2009, and made available for such housing
projects only in the State of Alaska: Provided further, That any
unobligated balances for a demonstration program for the preservation
and revitalization of the section 515 multi-family rental housing
properties as authorized by Public Law 109-97 shall be transferred to
and merged with the ``Rural Housing Service, Multi-family Housing
Revitalization Program Account''.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $452,927,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
Rental Assistance Program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $482,090,000, to remain
available through September 30, 2009; and, in addition, such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That of
this amount, up to $6,000,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section 502(c)(5)(D)
of the Act, and not to exceed $50,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, <<NOTE: Contracts.>> 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
[[Page 121 STAT. 1862]]
are not receiving such assistance: Provided
further, <<NOTE: Applicability.>> That such recaptured rental assistance
shall, to the extent practicable, be applied to another farm labor
multi-family housing project financed under section 514 or 516 of the
Act.
Multi-family Housing Revitalization Program Account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, for the cost to conduct a housing demonstration program to
provide revolving loans for the preservation of low-income multi-family
housing projects, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $28,000,000, to remain
available until expended: Provided, <<NOTE: Vouchers.>> 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, <<NOTE: Loans.>> 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
[[Page 121 STAT. 1863]]
determines that additional funds for vouchers described in this
paragraph are needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided further,
That if Congress enacts legislation to permanently authorize a section
515 multi-family rental housing loan restructuring program similar to
the demonstration program described herein, the Secretary may use funds
made available for the demonstration program under this heading to carry
out such legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress.
Mutual and Self-Help Housing Grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $39,000,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2008, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
rural housing assistance grants
(including transfer of funds)
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$39,000,000, to remain available until expended: Provided, That of the
total amount appropriated, $1,200,000 shall be available through June
30, 2008, for authorized empowerment zones and enterprise communities
and communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones: Provided further, That any balances to
carry out a housing demonstration program to provide revolving loans for
the preservation of low-income multi-family housing projects as
authorized in Public Law 108-447 and Public Law 109-97 shall be
transferred to and merged with the ``Rural Housing Service, Multi-family
Housing Revitalization Program Account''.
Farm Labor Program Account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $22,000,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants for rural
community facilities programs as authorized by section 306 and described
in section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $68,952,000, to remain available until expended: Provided, That
$6,300,000 of the amount appropriated under this heading shall be
available for a Rural Community Development Initiative: Provided
further, That such funds shall
[[Page 121 STAT. 1864]]
be used solely to develop the capacity and ability of private, nonprofit
community-based housing and community development organizations, low-
income rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community facilities,
community and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to carry out a
program of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $14,000,000 of the
amount appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That $4,000,000 of the amount appropriated
under this heading shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of such Act:
Provided further, That not to exceed $1,000,000 of the amount
appropriated under this heading shall be available through June 30,
2008, for authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones for the rural community programs described in
section 381E(d)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That section 381E-H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to the funds made available
under this heading: Provided further, That any prior balances in the
Rural Development, Rural Community Advancement Program account for
programs authorized by section 306 and described in section 381E(d)(1)
of such Act be transferred and merged with this account and any other
prior balances from the Rural Development, Rural Community Advancement
Program account that the Secretary determines is appropriate to
transfer.
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants, for the
rural business development programs authorized by sections 306 and 310B
and described in section 310B(f) and 381E(d)(3) of the Consolidated Farm
and Rural Development Act, $87,700,000, to remain available until
expended: Provided, That of the amount appropriated under this heading,
not to exceed $500,000 shall be made available for a grant to a
qualified national organization to provide technical assistance for
rural transportation in order to promote economic development and
$3,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
1921 et seq.) for any Rural Community Advancement Program purpose as
described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the amount
appropriated under this heading shall be for business grants to
[[Page 121 STAT. 1865]]
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That not to exceed $8,300,000 of the
amount appropriated under this heading shall be available through June
30, 2008, for authorized empowerment zones and enterprise communities
and communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones for the rural business and cooperative
development programs described in section 381E(d)(3) of the Consolidated
Farm and Rural Development Act: Provided further, That section 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to funds made available under this heading: Provided further,
That any prior balances in the Rural Development, Rural Community
Advancement Program account for programs authorized by sections 306 and
310B and described in section 310B(f) and 381E(d)(3) of such Act be
transferred and merged with this account and any other prior balances
from the Rural Development, Rural Community Advancement Program account
that the Secretary determines is appropriate to transfer.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), $33,772,000.
For the cost of direct loans, $14,485,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be available through June 30, 2008, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2008, for Mississippi Delta Region counties (as
determined in accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That of the total amount appropriated, $880,000 shall be
available through June 30, 2008, for the cost of direct loans for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,774,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
Rural Economic Development Loans Program Account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $34,000,000 shall not be obligated and $34,000,000 are
rescinded.
[[Page 121 STAT. 1866]]
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $28,023,000, of which $495,000 shall be for a cooperative
research agreement with a qualified academic institution to conduct
research on the national economic impact of all types of cooperatives;
and of which $2,600,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program: Provided, That
not to exceed $1,473,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to small,
minority producers and whose governing board and/or membership is
comprised of at least 75 percent minority; and of which $19,000,000, to
remain available until expended, shall be for value-added agricultural
product market development grants, as authorized by section 6401 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).
Rural Empowerment Zones and Enterprise Communities Grants
For grants in connection with empowerment zones and enterprise
communities, $8,187,000, to remain available until expended, for
designated rural empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public
Law 105-277): Provided, That the funds provided under this paragraph
shall be made available to empowerment zones and enterprise communities
in a manner and with the same priorities such funds were made available
during the 2007 fiscal year.
Renewable Energy Program
For the cost of a program of direct loans, loan guarantees, and
grants, under the same terms and conditions as authorized by section
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106), $36,000,000: Provided, That the cost of direct loans and loan
guarantees, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, and 310B and
described in sections 306C(a)(2), 306D, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $562,565,000, to remain
available until expended, of which not to exceed $500,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That $65,000,000 of the amount appropriated under
this heading shall be for water and waste disposal systems grants
authorized by
[[Page 121 STAT. 1867]]
306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development
Act and Native Americans authorized by 306C(a)(1): Provided further,
That the Secretary shall allocate the funds described in the previous
proviso in a manner consistent with the historical allocation for such
populations under these authorities: Provided further, That not to
exceed $18,500,000 of the amount appropriated under this heading shall
be for technical assistance grants for rural water and waste systems
pursuant to section 306(a)(14) of such Act, unless the Secretary makes a
determination of extreme need, of which $5,600,000 shall be made
available for a grant to a qualified non-profit multi-state regional
technical assistance organization, with experience in working with small
communities on water and waste water problems, the principal purpose of
such grant shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing, development,
operation, and management of water and waste water systems, and of which
not less than $800,000 shall be for a qualified national Native American
organization to provide technical assistance for rural water systems for
tribal communities: Provided further, That not to exceed $13,750,000 of
the amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That not
to exceed $12,700,000 of the amount appropriated under this heading
shall be available through June 30, 2008, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural utilities programs described in section 381E(d)(2) of such
Act: Provided further, That $20,000,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for high
cost energy grants authorized by section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and merged with
the Rural Utilities Service, High Energy Costs Grants Account: Provided
further, That section 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available under
this heading: Provided further, That any prior balances in the Rural
Development, Rural Community Advancement Program account programs
authorized by sections 306, 306A, 306C, 306D, and 310B and described in
sections 306C(a)(2), 306D, and 381E(d)(2) of such Act be transferred and
merged with this account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that the
Secretary determines is appropriate to transfer.
Rural Electrification and Telecommunications Loans Program Account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935)
shall be made as follows: 5 percent rural electrification loans,
$100,000,000; loans made pursuant to section 306 of that Act, rural
electric, $6,500,000,000; guaranteed underwriting loans
[[Page 121 STAT. 1868]]
pursuant to section 313A, $500,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made pursuant to
section 306 of that Act, rural telecommunications loans, $295,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of
rural electric loans, $120,000, and the cost of telecommunications
loans, $3,620,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest rates may
exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $38,623,000 which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
Distance Learning, Telemedicine, and Broadband Program
For the principal amount of broadband telecommunication loans,
$300,000,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $35,000,000, to remain
available until expended: Provided, That $5,000,000 shall be made
available to convert analog to digital operation those noncommercial
educational television broadcast stations that serve rural areas and are
qualified for Community Service Grants by the Corporation for Public
Broadcasting under section 396(k) of the Communications Act of 1934,
including associated translators and repeaters, regardless of the
location of their main transmitter, studio-to-transmitter links, and
equipment to allow local control over digital content and programming
through the use of high-definition broadcast, multi-casting and
datacasting technologies.
For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
seq., $6,450,000, to remain available until expended: Provided, That the
cost of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, $13,500,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services to administer the laws enacted by
the Congress for the Food and Nutrition Service, $597,000.
[[Page 121 STAT. 1869]]
Food and Nutrition Service
Child Nutrition Programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
and 21; $13,901,513,000, to remain available through September 30, 2009,
of which $7,647,965,000 is hereby appropriated and $6,253,548,000 shall
be derived by transfer from funds available under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c): Provided, That up to $5,505,000
shall be available for independent verification of school food service
claims.
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,020,000,000, to remain available through
September 30, 2009, of which such sums as are necessary to restore the
contingency reserve to $150,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the Secretary deems
necessary, notwithstanding section 17(i) of such Act, to support
participation should cost or participation exceed budget estimates:
Provided, That of the total amount available, the Secretary shall
obligate not less than $15,000,000 for a breastfeeding support
initiative in addition to the activities specified in section
17(h)(3)(A): Provided further, That only the provisions of section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in 2008;
including $14,000,000 for the purposes specified in section
17(h)(10)(B)(i) and $30,000,000 for the purposes specified in section
17(h)(10)(B)(ii): Provided further, That funds made available for the
purposes specified in section 17(h)(10)(B)(ii) shall only be made
available upon determination by the Secretary that funds are available
to meet caseload requirements without the use of the contingency reserve
funds after the date of enactment of this Act: Provided further, That
none of the funds in this Act shall be available to pay administrative
expenses of WIC clinics except those that have an announced policy of
prohibiting smoking within the space used to carry out the program:
Provided further, That none of the funds provided in this account shall
be available for the purchase of infant formula except in accordance
with the cost containment and competitive bidding requirements specified
in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless authorized by
section 17 of such Act: Provided further, That of the amount provided
under this paragraph, $400,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated Act).
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $39,782,723,000, of which $3,000,000,000 to remain
available through September 30, 2009, shall be placed in
[[Page 121 STAT. 1870]]
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds provided
herein shall be expended in accordance with section 16 of the Food Stamp
Act: Provided further, That this appropriation shall be subject to any
work registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act: Provided
further, <<NOTE: Armed Forces.>> That notwithstanding section 5(d) of
the Food Stamp Act of 1977, any additional payment received under
chapter 5 of title 37, United States Code, by a member of the United
States Armed Forces deployed to a designated combat zone shall be
excluded from household income for the duration of the member's
deployment if the additional pay is the result of deployment to or while
serving in a combat zone, and it was not received immediately prior to
serving in the combat zone: Provided further, That funds made available
under this heading may be used to enter into contracts and employ staff
to conduct studies, evaluations, or to conduct activities related to
food stamp program integrity provided that such activities are
authorized by the Food Stamp Act.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $211,770,000, to remain
available through September 30, 2009: Provided, That none of these funds
shall be available to reimburse the Commodity Credit Corporation for
commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2008 to support the Seniors Farmers' Market
Nutrition Program (SFMNP), such funds shall remain available through
September 30, 2009: Provided further, That no funds available for SFMNP
shall be used to pay State or local sales taxes on food purchased with
SFMNP coupons or checks: Provided further, That the value of assistance
provided by the SFMNP shall not be considered income or resources for
any purposes under any Federal, State or local laws related to taxation,
welfare and public assistance programs: Provided further, That of the
funds made available under section 27(a) of the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.), the Secretary may use up to $10,000,000 for
costs associated with the distribution of commodities.
Nutrition Programs Administration
For necessary administrative expenses of the Food and Nutrition
Service, $142,727,000, of which $2,475,000 is for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships, through the
Congressional Hunger Center.
[[Page 121 STAT. 1871]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
Salaries and Expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $159,470,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development: Provided
further, <<NOTE: Notification.>> That funds made available for the cost
of agreements under title I of the Agricultural Trade Development and
Assistance Act of 1954 and for title I ocean freight differential may be
used interchangeably between the two accounts with prior notice to the
Committees on Appropriations of both Houses of Congress.
Public Law 480 Title I Direct Credit and Food for Progress Program
Account
(including transfers of funds)
For administrative expenses to carry out the credit program of title
I, Public Law 83-480 and the Food for Progress Act of 1985, $2,680,000,
to be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Public Law 480 Title II Grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, for commodities supplied in connection with dispositions abroad
under title II of said Act, $1,219,400,000, to remain available until
expended.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $5,328,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $4,985,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of
[[Page 121 STAT. 1872]]
which $343,000 may be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Mc Govern-Dole International Food for Education and Child Nutrition
Program Grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That the
Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
Salaries and Expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $2,247,961,000: Provided, That of the amount provided under
this heading, $459,412,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h shall be credited to this account and
remain available until expended, and shall not include any fees pursuant
to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2009 but
collected in fiscal year 2008; $48,431,000 shall be derived from medical
device user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; and $13,696,000 shall
be derived from animal drug user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, and animal drug assessments received during fiscal year 2008,
including any such fees assessed prior to the current fiscal year but
credited during the current year, shall be subject to the fiscal year
2008 limitation: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $513,461,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $682,759,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs, of which no less than $41,900,000 shall be available
for
[[Page 121 STAT. 1873]]
the Office of Generic Drugs; (3) $236,985,000 shall be for the Center
for Biologics Evaluation and Research and for related field activities
in the Office of Regulatory Affairs; (4) $109,244,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $267,284,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $44,316,000 shall be for the
National Center for Toxicological Research; (7) not to exceed
$99,922,000 shall be for Rent and Related activities, of which
$38,808,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (8) not to exceed
$160,094,000 shall be for payments to the General Services
Administration for rent; and (9) $133,896,000 shall be for other
activities, including the Office of the Commissioner; the Office of
Scientific and Medical Programs; the Office of Policy, Planning and
Preparedness; the Office of International and Special Programs; the
Office of Operations; and central services for these offices: Provided
further, That of the amounts made available under this heading,
$28,000,000 for the Center for Food Safety and Applied Nutrition and
related field activities in the Office of Regulatory Affairs shall be
available from July 1, 2008, to September 30, 2009, for implementation
of a comprehensive food safety performance plan: Provided further, That
none of the funds made available under this heading shall be used to
transfer funds under section 770(n) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds may be
transferred from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b may
be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until expended.
Buildings and Facilities
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $2,450,000, to remain
available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $112,050,000,
including not to exceed $3,000 for official reception and representation
expenses.
[[Page 121 STAT. 1874]]
Farm Credit Administration
limitation on administrative expenses
Not to exceed $46,000,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the
current fiscal year under this Act shall be available for the purchase,
in addition to those specifically provided for, of not to exceed 182
passenger motor vehicles, of which 142 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. <<NOTE: 7 USC 2209b note.>> New obligational authority
provided for the following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection Service,
the contingency fund to meet emergency conditions, information
technology infrastructure, fruit fly program, emerging plant pests,
cotton pests program, avian influenza programs, grasshopper program, up
to $9,750,000 in animal health monitoring and surveillance for the
animal identification system, up to $1,500,000 in the scrapie program
for indemnities, up to $3,000,000 in the emergency management systems
program for the vaccine bank, up to $1,000,000 for wildlife services
methods development, up to $1,000,000 of the wildlife services
operations program for aviation safety, and up to 25 percent of the
screwworm program; Food Safety and Inspection Service, Public Health
Data Communication Infrastructure System; Cooperative State Research,
Education, and Extension Service, funds for competitive research grants
(7 U.S.C. 450i(b)), funds for the Research, Education, and Economics
Information System, and funds for the Native American Institutions
Endowment Fund; Farm Service Agency, salaries and expenses funds made
available to county committees; Foreign Agricultural Service, middle-
income country training program, and up to $2,000,000 of the Foreign
Agricultural Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates, subject to
documentation by the Foreign Agricultural Service.
Sec. 703. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the financial management modernization
initiative and the delivery of financial, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none
[[Page 121 STAT. 1875]]
of the funds transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without the prior approval of
the Committees on Appropriations of both Houses of Congress: Provided
further, That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be available
for obligation or expenditure to make any changes to the Department's
National Finance Center without prior approval of the Committees on
Appropriations of both Houses of Congress as required by section 713 of
this Act.
Sec. 704. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 705. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 706. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 20 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the Cooperative
State Research, Education, and Extension Service shall be available to
pay full allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 707. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 708. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 709. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 710. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
[[Page 121 STAT. 1876]]
Sec. 711. None of the funds appropriated or otherwise made available
to the Department of Agriculture or the Food and Drug Administration
shall be used to transmit or otherwise make available to any non-
Department of Agriculture or non-Department of Health and Human Services
employee questions or responses to questions that are a result of
information requested for the appropriations hearing process.
Sec. 712. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds available to the Department of Agriculture for information
technology shall be obligated for projects over $25,000 prior to receipt
of written approval by the Chief Information Officer.
Sec. 713. (a) <<NOTE: Notifications. Deadlines.>> None of the funds
provided by this Act, or provided by previous Appropriations Acts to the
agencies funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, which-ever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
[[Page 121 STAT. 1877]]
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify the Committees on Appropriations of both Houses of Congress
before implementing a program or activity not carried out during the
previous fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
Sec. 714. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2009 appropriations Act.
Sec. 715. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance--
(1) from funds available for the Watershed and Flood
Prevention Operations program for the Pocasset River Floodplain
Management Project in the State of Rhode Island;
(2) through the Watershed and Flood Prevention Operations
program to carry out the East Locust Creek Watershed Plan
Revision in Missouri, including up to 100 percent of the
engineering assistance and 75 percent cost share for
construction cost of site RW1;
(3) through the Watershed Flood Prevention Operations
program to carry out the Little Otter Creek Watershed project.
The sponsoring local organization may obtain land rights by
perpetual easements; and
(4) through the Watershed and Flood Prevention Operations
program to the McDowell Grove Dam Flood Plain/Wetlands
Restoration Project in DuPage County, Illinois.
Sec. 716. None of the funds made available by this or any other Act
may be used to close or relocate a Rural Development office unless or
until the Secretary of Agriculture determines the cost effectiveness
and/or enhancement of program delivery:
Provided, <<NOTE: Deadline. Notification.>> That not later than 60 days
before the date of the proposed closure or relocation, the Secretary
notifies the Committees on Appropriation of the House and Senate, and
the members of Congress from the State in which the office is located of
the proposed closure or relocation and provides a report that describes
the justifications for such closures and relocations.
Sec. 717. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
county limits of St. Louis, Missouri.
Sec. 718. Notwithstanding any other provision of law, of the funds
made available in this Act for competitive research grants (7 U.S.C.
450i(b)), the Secretary may use up to 26 percent of
[[Page 121 STAT. 1878]]
the amount provided to carry out a competitive grants program under the
same terms and conditions as those provided in section 401 of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7621).
Sec. 719. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out an environmental quality incentives program
authorized by chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of $1,000,000,000.
Sec. 720. None of the funds made available in fiscal year 2008 or
preceding fiscal years for programs authorized under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
excess of $20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
1): Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 721. No funds shall be used to pay salaries and expenses of the
Department of Agriculture to carry out or administer the program
authorized by section 14(h)(1) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 722. Notwithstanding subsections (c) and (e)(2) of section 313A
of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
implementing section 313A of that Act, the Secretary shall, with the
consent of the lender, structure the schedule for payment of the annual
fee, not to exceed an average of 30 basis points per year for the term
of the loan, to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 723. None of the funds made available by this Act may be used
to issue a final rule in furtherance of, or otherwise implement, the
proposed rule on cost-sharing for animal and plant health emergency
programs of the Animal and Plant Health Inspection Service published on
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
Sec. 724. There is hereby appropriated $437,000, to remain available
until expended, for the Denali Commission to address deficiencies in
solid waste disposal sites which threaten to contaminate rural drinking
water supplies.
Sec. 725. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 in the current fiscal year
shall remain available until expended to disburse obligations made in
the current fiscal year. Funds made available under section 524(b) of
the Federal Crop Insurance Act, 7 U.S.C. 1524(b), in fiscal years 2004,
2005, 2006, 2007, and 2008 shall remain available until expended to
disburse obligations made in fiscal years 2004, 2005, 2006, 2007, and
2008 respectively, and except for fiscal year 2008 funds, are not
available for new obligations.
Sec. 726. None of the funds provided in this Act may be used for
salaries and expenses to draft or implement any regulation or rule
insofar as it would require recertification of rural status for each
electric and telecommunications borrower for the Rural Electrification
and Telecommunication Loans program.
[[Page 121 STAT. 1879]]
Sec. 727. <<NOTE: News stories.>> Unless otherwise authorized by
existing law, none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 728. Notwithstanding any other provision of law, any former RUS
borrower that has repaid or prepaid an insured, direct or guaranteed
loan under the Rural Electrification Act, or any not-for-profit utility
that is eligible to receive an insured or direct loan under such Act,
shall be eligible for assistance under Section 313(b)(2)(B) of such Act
in the same manner as a borrower under such Act.
Sec. 729. Notwithstanding any other provision of law, the Secretary
of Agriculture is authorized to make funding and other assistance
available through the emergency watershed protection program under
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
repair and prevent damage to non-Federal land in watersheds that have
been impaired by fires initiated by the Federal Government and shall
waive cost sharing requirements for the funding and assistance.
Sec. 730. None of the funds made available in this Act may be used
to study, complete a study of, or enter into a contract with a private
party to carry out, without specific authorization in a subsequent Act
of Congress, a competitive sourcing activity of the Secretary of
Agriculture, including support personnel of the Department of
Agriculture, relating to rural development or farm loan programs.
Sec. 731. Of the amount available for Estimated Future Needs under
section 32 of the Act of August 24, 1935, $184,000,000 are hereby
rescinded: Provided, That in addition, of the unobligated balances under
section 32 of the Act of August 24, 1935, $500,000,000 are hereby
rescinded.
Sec. 732. Of the appropriations available for payments for the
nutrition and family education program for low-income areas under
section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)), if the payment
allocation pursuant to section 1425(c) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(c))
would be less than $100,000 for any institution eligible under section
3(d)(2) of the Smith-Lever Act, the Secretary shall adjust payment
allocations under section 1425(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 to ensure that each
institution receives a payment of not less than $100,000.
Sec. 733. None of the funds made available in this Act may be used
to establish or implement a rule allowing poultry products to be
imported into the United States from the People's Republic of China.
Sec. 734. There is hereby appropriated $3,750,000, to remain
available until expended, for a grant to the National Center for Natural
Products Research for construction or renovation to carry out the
research objectives of the natural products research grant issued by the
Food and Drug Administration.
Sec. 735. There is hereby appropriated $150,000, to remain available
until expended, for the planning and design of construction of an
agriculture pest facility in the State of Hawaii.
[[Page 121 STAT. 1880]]
Sec. 736. None of the funds made available to the Department of
Agriculture in this Act may be used to implement the risk-based
inspection program in the 30 prototype locations announced on February
22, 2007, by the Under Secretary for Food Safety, or at any other
locations, until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the Committees on
Appropriations of the House of Representatives and the Senate on the
data used in support of the development and design of the risk-based
inspection program and FSIS has addressed and resolved issues identified
by OIG.
Sec. 737. The Secretary of Agriculture shall continue the Water and
Waste Systems Direct Loan Program under the authority and conditions
(including the fees, borrower interest rate, and the President's
economic assumptions for the 2008 Fiscal Year, as of June 1, 2007)
provided by the ``Continuing Appropriations Resolution, 2007''.
Sec. 738. (a) Section 13(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D)
as subparagraphs (A) through (C), respectively;
(C) in subparagraph (A) (as redesignated by
subparagraph (B)), striking ``(B)'' and all that follows
through ``shall not exceed'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B) and
in addition to amounts made available under paragraph
(3), payments to service institutions shall be'';
(D) in subparagraph (B) (as redesignated by
subparagraph (B)), by striking ``subparagraph (B)'' and
inserting ``subparagraph (A)''; and
(E) in subparagraph (C) (as redesignated by
subparagraph (B)), by striking ``(A), (B), and (C)'' and
inserting ``(A) and (B)''; and
(2) in the second sentence of paragraph (3), by striking
``full amount of State approved'' and all that follows through
``maximum allowable''.
(b) Conforming Amendment.--Section 18 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) through (k) as
subsections (f) through (j), respectively.
(c) Effective Date.--The <<NOTE: 42 USC 1761 note.>> amendments made
by this section take effect on January 1 of the first full calendar year
following the date of enactment of this Act.
Sec. 739. There is hereby appropriated $9,900,000, to remain
available until September 30, 2009, which, in conjunction with all
unobligated balances available to the Secretary under section 18(g) of
the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g))
shall be used to continue the Fresh Fruit and Vegetable Program (42
U.S.C. 1769(g)) in all currently participating States and expand the
program to all the contiguous States and, Alaska, Hawaii and the
District of Columbia not currently served by the authorized program:
Provided, That of funds available under this section, not to exceed 5
percent may be available for Federal administrative costs, as determined
by the Secretary of Agriculture: Provided further, That for the purposes
of this section, ``currently
[[Page 121 STAT. 1881]]
participating States'' shall be defined as those authorized to
participate under section 18(g) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)) as well as those authorized to
participate under section 779 of Public Law 109-97: Provided further,
That implementation of the program in new States shall begin with school
year 2008/2009.
Sec. 740. Section 704 of the Department of Agriculture Organic Act
of 1944 (7 U.S.C. 2258) is amended by striking the first proviso.
Sec. 741. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 742. There is hereby appropriated $800,000 to the Farm Service
Agency to carry out a pilot program to demonstrate the use of new
technologies that increase the rate of growth of re-forested hardwood
trees on private non-industrial forests lands, enrolling lands on the
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in
2005.
Sec. 743. (a) Sections 9001(a) and 9002 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations
Act, 2007 (Public Law 110-28; 121 Stat. 211, 214) are amended by
striking ``February 28, 2007'' each place it occurs and inserting
``December 31, 2007''.
(b) There is hereby appropriated $20,000,000 for the ``Farm Service
Agency, Salaries and Expenses''.
(c) Each amount provided by this section is designated as described
in section 5 (in the matter preceding division A of this consolidated
Act).
Sec. 744. Section 17(r)(5) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``seven'' and inserting ``eight'';
(2) by striking ``five'' and inserting ``six''; and
(3) by inserting ``West Virginia,'' after the first instance
of ``States shall be''.
Sec. 745. Hereafter, notwithstanding any other provision of law, of
the funds made available for the Commodity Assistance Program under
division B of Public Law 109-148, Emergency Supplemental Appropriations
to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza,
2006, all unexpended funds shall be made available to support normal
program operations of the Commodity Supplemental Food Program under the
Agriculture and Consumer Protection Act of 1973 and of the Emergency
Food Assistance Program under the Emergency Food Assistance Act of 1983:
Provided, That any commodities purchased with funds made available under
Public Law 109-148 and remaining undistributed shall be used to support
normal program operations under the authorities cited in this section.
Sec. 746. <<NOTE: State listing.>> Notwithstanding any other
provision of law, and until receipt of the decennial Census for the year
2010, the Secretary of Agriculture shall consider--
(1) the City of Alamo, Texas; the City of Mercedes, Texas;
the City of Weslaco, Texas; the City of Donna, Texas; the
[[Page 121 STAT. 1882]]
City of La Feria, Texas; and the City of Northampton,
Massachusetts, (including individuals and entities with projects
within the cities) eligible for loans and grants funded through
the Rural Business Program account;
(2) the City of Bainbridge Island, Washington; the City of
Keene, New Hampshire; and the City of Havelock, North Carolina,
(including individuals and entities with projects within the
cities) eligible for loans and grants funded through the Rural
Community Facilities Program account;
(3) the City of Freeport, Illinois; Kitsap County (except
the City of Bremerton), Washington; the City of Atascadero,
California; and the City of Paso Robles, California, (including
individuals and entities with projects within the cities)
eligible for loans and grants funded through the Rural Housing
Insurance Fund Program account and the Rural Housing Assistance
Grants account;
(4) the City of Canton, Mississippi, (including individuals
and entities with projects within the cities) eligible for loans
and grants funded through the Rural Water and Waste Disposal
Program account;
(5) the City of Parsons, Kansas; the Town of Boone, North
Carolina; the City of Henderson, North Carolina; and the City of
Lenoir, North Carolina, to be rural areas for the purposes of
eligibility for loans and grants funded through the Rural Water
and Waste Disposal Program account;
(6) the City of Lansing, Kansas, a rural area for purposes
of eligibility for Rural Housing Service programs, and the City
of Leavenworth, Kansas, and the City of Lansing, Kansas, as
separate geographic entities for purposes of Rural Development
grants and loans;
(7) the City of Binghamton, New York, for the purpose of
upgrading a trunk line for waste transport to the Town of
Conklin, New York, (including individuals and entities with
projects within the cities) eligible for loans and grants funded
through the Rural Water and Waste Disposal Program account;
(8) the County of Lexington, South Carolina, shall be
considered to be a rural area for the purposes of financing a
farmers' market under the Business and Industry Loan Guarantee
Program in a local area that has rural characteristics as
determined by the Secretary; and
(9) the service areas being acquired by Mid-Kansas Electric
Cooperative, except for the City of Dodge City, Kansas, shall be
considered eligible for financing under the Rural
Electrification Act of 1936, as amended.
Sec. 747. None of the funds made available in this Act may be used--
(1) to terminate any of the 13 field laboratories that are
operated by the Food and Drug Administration as of January 1,
2007, or 20 District Offices, or any of the inspection or
compliance functions of any of the 20 District Offices, of the
Food and Drug Administration functioning as of January 1, 2007;
or
(2) to consolidate any such laboratory with any other
laboratory, or any such District Office, or any of the
inspection or compliance functions of any District Office, with
any other District Office.
[[Page 121 STAT. 1883]]
Sec. 748. Hereafter, the Secretary may use funds made available in
chapter 1 of division B of Public Law 109-148 for direct and guaranteed
loans under title V of the Housing Act of 1949, to make or guarantee
loans, as authorized under such Act, to finance housing and repairs to
housing in rural areas affected by hurricanes that occurred during the
2005 calendar year.
Sec. 749. Of the unobligated balances provided pursuant to section
16(h)(1)(A) of the Food Stamp Act of 1977, $10,500,000 is hereby
rescinded.
Sec. 750. Of the unobligated balances available in the Child and
Adult Care Food Program for the purpose of conducting audits of
participating institutions as provided for under section 796 of Public
Law 109-97, $3,500,000 is hereby rescinded.
SEC. 751. EXTENSION OF AGRICULTURAL PROGRAMS.
(a) Extension.--Except as otherwise provided in this Act and
notwithstanding any other provision of law, the authorities provided
under the Farm Security and Rural Investment Act of 2002 (Public Law
107-171; 7 U.S.C. 7901 et seq.) and each amendment made by that Act (and
for mandatory programs at such funding levels), as in effect on
September 30, 2007, shall continue, and the Secretary of Agriculture
shall carry out the authorities, until March 15, 2008.
(b) Conservation Programs.--
(1) Farmland protection program.--Notwithstanding any other
provision of law, the Secretary of Agriculture (referred to in
this subsection as the ``Secretary'') shall continue the
farmland protection program established under subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3838h et seq.) at a funding level of $97,000,000
per year.
(2) Ground and surface water conservation.--Notwithstanding
any other provision of law, the Secretary shall continue the
ground and surface water conservation program established under
section 1240I of the Food Security Act of 1985 (16 U.S.C.
3839aa-9) at a funding level of $60,000,000 per year.
(3) Wildlife habitat incentives program.--Notwithstanding
any other provision of law, the Secretary shall continue the
wildlife habitat incentive program established under section
1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb-1) at a
funding level of $85,000,000 per year.
(c) Exceptions.--This section does not apply with respect to--
(1) section 1307(a)(6) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7957(a)(6));
(2) section 524(b) of the Federal Crop Insurance Act (7
U.S.C. 1524(b));
(3) section 25 of the Food Stamp Act of 1977 (7 U.S.C.
2034);
(4) title VI of the Rural Electrification Act of 1936 (7
U.S.C. 950bb et seq.);
(5) section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note; Public Law 106-224);
(6) section 9002 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8102);
(7) section 9004 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8104);
[[Page 121 STAT. 1884]]
(8) section 9006 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8106); and
(9) subtitles A through C of title I of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.), with
respect to the 2008 crops (other than the 2008 crop of a loan
commodity described in paragraph (11), (12), or (13) of section
1202(b) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 7932(b))).
Sec. 752. (a) <<NOTE: Recission.>> Except as provided in subsection
(c), there is hereby rescinded an amount equal to 0.7 percent of the
budget authority provided for fiscal year 2008 for any discretionary
account in division A of this Act.
(b) <<NOTE: Applicability.>> Any rescission made by subsection (a)
shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act, accompanying reports, or
explanatory statement for the relevant fiscal year covering such
account or item).
(c) The rescission in subsection (a) shall not apply to budget
authority appropriated or otherwise made available by this Act in the
following amounts in the following activities or accounts:
(1) $6,020,000,000 provided for the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC) in the
Department of Agriculture in division A.
(2) $930,120,000 provided for the Food Safety and Inspection
Service in the Department of Agriculture in division A.
(3) Any amount designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
(d) <<NOTE: Deadline. Reports.>> Not later than 30 days after the
date of enactment of this Act, the Director of the Office of Management
and Budget shall submit to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of Representatives a
report that specifies the account and amount of each rescission made
pursuant to this section.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2008''.
DIVISION B--COMMERCE, <<NOTE: Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2008.>> JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE <<NOTE: Department of Commerce Appropriations Act, 2008.>> I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate
[[Page 121 STAT. 1885]]
families of employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of the United
States and Foreign Commercial Service between two points abroad, without
regard to 49 U.S.C. 40118; employment of Americans and aliens by
contract for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement; purchase
or construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $327,000 for official representation expenses abroad;
purchase of passenger motor vehicles for official use abroad, not to
exceed $45,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $413,172,000, to remain available
until September 30, 2009, of which $8,000,000 is to be derived from fees
to be retained and used by the International Trade Administration,
notwithstanding 31 U.S.C. 3302: Provided, That $40,520,923 shall be for
Manufacturing and Services; $41,384,054 shall be for Market Access and
Compliance; $62,712,833 shall be for the Import Administration of which
$5,900,000 shall be for the Office of China Compliance; $236,945,290
shall be for the United States and Foreign Commercial Service; and
$25,146,400 shall be for Executive Direction and Administration:
Provided further, <<NOTE: Applicability.>> That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as part
of these activities: Provided further, <<NOTE: Exemption.>> That the
International Trade Administration shall be exempt from the requirements
of Circular A-25 (or any successor administrative regulation or policy)
issued by the Office of Management and Budget: Provided further, That
negotiations <<NOTE: Negotiations.>> shall be conducted within the World
Trade Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties: Provided
further, That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives contained in the
Trade Act of 2002, Public Law 107-210.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to
exceed $15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by 22 U.S.C.
[[Page 121 STAT. 1886]]
401(b); and purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $72,855,000, to remain available until expended, of
which $13,627,000 shall be for inspections and other activities related
to national security: Provided, That
the <<NOTE: Applicability.>> provisions of the first sentence of section
105(f) and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities: Provided further, That payments and
contributions collected and accepted for materials or services provided
as part of such activities may be retained for use in covering the cost
of such activities, and for providing information to the public with
respect to the export administration and national security activities of
the Department of Commerce and other export control programs of the
United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $249,100,000, to remain available until expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $30,832,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $28,623,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$81,075,000, to remain available until September 30, 2009.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $202,838,000.
[[Page 121 STAT. 1887]]
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, <<NOTE: 13 USC 5
note.>> That none of the funds provided in this or any other Act for any
fiscal year may be used for the collection of census data on race
identification that does not include ``some other race'' as a category.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $17,466,000,
to remain available until September 30, 2009: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of grants authorized by section 392 of the
Communications Act of 1934, $18,800,000, to remain available until
expended as authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office,
$1,915,500,000, to remain available until expended: Provided, That the
sum herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376 are received during fiscal year 2008, so as to
result in a fiscal year 2008 appropriation from the general fund
estimated at $0: Provided further, That during
[[Page 121 STAT. 1888]]
fiscal year 2008, should the total amount of offsetting fee collections
be less than $1,915,500,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of $1,915,500,000
in fiscal year 2008, in an amount up to $100,000,000, shall remain
available until expended: Provided further, That not less than 1,020
full-time equivalents, 1,082 positions and $214,150,000 shall be for the
examination of trademark applications; and not less than 8,522 full-time
equivalents, 9,000 positions and $1,701,402,000 shall be for the
examination and searching of patent applications: Provided further, That
not less than $16,015,000 shall be for training of personnel: Provided
further, That $1,000,000 may be transferred to ``Departmental
Management'', ``Salaries and Expenses'' for activities associated with
the National Intellectual Property Law Enforcement Coordination Council:
Provided further, That any deviation from the full-time equivalent,
position, and funding designations set forth in the preceding provisos
shall be subject to the procedures set forth in section 505 of this Act:
Provided further, That from amounts provided herein, not to exceed
$1,000 shall be made available in fiscal year 2008 for official
reception and representation expenses: Provided further, That in fiscal
year 2008, from the amounts made available for ``Salaries and Expenses''
for the United States Patent and Trademark Office (PTO), the amounts
necessary to pay: (1) the difference between the percentage of basic pay
contributed by the PTO and employees under section 8334(a) of title 5,
United States Code, and the normal cost percentage (as defined by
section 8331(17) of that title) of basic pay, of employees subject to
subchapter III of chapter 83 of that title; and (2) the present value of
the otherwise unfunded accruing costs, as determined by the Office of
Personnel Management, of post-retirement life insurance and post-
retirement health benefits coverage for all PTO employees, shall be
transferred to the Civil Service Retirement and Disability Fund, the
Employees Life Insurance Fund, and the Employees Health Benefits Fund,
as appropriate, and shall be available for the authorized purposes of
those accounts: Provided further, <<NOTE: 35 USC 41 note.>> That
sections 801, 802, and 803 of division B, Public Law 108-447 shall
remain in effect during fiscal year 2008: Provided further, That the
Director may reduce patent filing fees payable in 2008 for documents
filed electronically consistent with Federal regulation.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $440,517,000, to remain available until expended, of which
not to exceed $6,580,000 may be transferred to the ``Working Capital
Fund'': Provided, That not to exceed $5,000 shall be for official
reception and representation expenses.
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$89,640,000, to remain available until expended.
In addition, for necessary expenses of the Technology Innovation
Program of the National Institute of Standards and Technology,
$65,200,000, to remain available until expended: Provided, That
[[Page 121 STAT. 1889]]
of the $70,200,000 provided for in direct obligations under this
heading, $65,200,000 is appropriated from the general fund and
$5,000,000 is derived from recoveries of prior year obligations from the
Advanced Technology Program.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities including agency recreational and welfare facilities, not
otherwise provided for the National Institute of Standards and
Technology, as authorized by 15 U.S.C. 278c-278e, $160,490,000, to
remain available until expended, of which $30,080,000 is for a
competitive construction grant program for research science buildings:
Provided, <<NOTE: Budget estimate. 15 USC 1513b note.>> That the
Secretary of Commerce shall include in the budget justification
materials that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) an
estimate for each National Institute of Standards and Technology
construction project having a total multi-year program cost of more than
$5,000,000 and simultaneously the budget justification materials shall
include an estimate of the budgetary requirements for each such project
for each of the five subsequent fiscal years: Provided further, That
notwithstanding any other provision of law, of the amount made available
for construction of research facilities, $7,332,000 shall be for the
University of Mississippi Medical Center Biotechnology Research Park;
$7,332,000 shall be for the Mississippi State University Research,
Technology and Economic Development Park; $1,598,000 shall be for the
University of Southern Mississippi Innovation and Commercialization Park
Infrastructure and Building Construction and Equipage; $5,000,000 shall
be for the Alabama State University Life Sciences Building; and
$30,000,000 shall be for laboratory and research space at the University
of South Alabama Engineering and Science Center.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or other
payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation of
facilities, $2,856,277,000, to remain available until September 30,
2009, except for funds provided for cooperative enforcement, which shall
remain available until September 30, 2010: Provided, That fees and
donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $3,000,000 shall be derived by
transfer from the fund entitled ``Coastal Zone Management'' and in
addition $77,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
[[Page 121 STAT. 1890]]
to American Fisheries'': Provided further, That of the $2,941,277,000
provided for in direct obligations under this heading $2,856,277,000 is
appropriated from the general fund, $80,000,000 is provided by transfer,
and $5,000,000 is derived from recoveries of prior year obligations:
Provided further, That of the funds provided under this heading,
$235,000 is made available until expended subject to procedures set
forth in section 209 of Public Law 108-447: Provided further, That the
total amount available for the National Oceanic and Atmospheric
Administration corporate services administrative support costs shall not
exceed $206,484,000: Provided further, That payments of funds made
available under this heading to the Department of Commerce Working
Capital Fund including Department of Commerce General Counsel legal
services shall not exceed $34,164,000: Provided further, That any
deviation from the amounts designated for specific activities in the
report accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be subject to
the procedures set forth in section 505 of this Act: Provided further,
That grants to <<NOTE: Grants.>> States pursuant to sections 306 and
306A of the Coastal Zone Management Act of 1972, as amended, shall not
exceed $2,000,000, unless funds provided for ``Coastal Zone Management
Grants'' exceed funds provided in the previous fiscal year: Provided
further, That if funds provided for ``Coastal Zone Management Grants''
exceed funds provided in the previous fiscal year, then no State shall
receive more than 5 percent or less than 1 percent of the additional
funds: Provided further, That the Administrator of the National Oceanic
and Atmospheric Administration may engage in formal and informal
education activities, including primary and secondary education, related
to the agency's mission goals: Provided
further, <<NOTE: Government organization.>> That in accordance with
section 215 of Public Law 107-372 the number of officers in the NOAA
Commissioned Officer Corps shall increase to 321: Provided further, That
of the funds provided, $13,395,000 is provided for the alleviation of
economic impacts associated with Framework 42 on the Massachusetts
groundfish fishery.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $979,207,000, to remain available until
September 30, 2010, except funds provided for construction of facilities
which shall remain available until expended: Provided, That of the
amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made available on a
dollar-for-dollar matching basis with funds provided for the same
purpose by the Department of Defense: Provided further, That except to
the extent expressly prohibited by any other law, the Department of
Defense may delegate procurement functions related to the National
Polar-orbiting Operational Environmental Satellite System to officials
of the Department of Commerce pursuant to section 2311 of title 10,
United States Code: Provided further, That any deviation from the
amounts designated
[[Page 121 STAT. 1891]]
for specific activities in the report accompanying this Act, or any use
of deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $67,000,000, to remain available until September 30,
2009.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 shall
be transferred to the ``Operations, Research, and Facilities'' account
to offset the costs of implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2008, obligations of direct loans may not exceed
$8,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $44,294,000: Provided, That
the <<NOTE: Deadline. Reports.>> 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, <<NOTE: Certification.>> That of the amounts provided to the
Secretary within this account, $10,000,000 shall not become available
for obligation until the Secretary certifies to the Committees on
Appropriations that the Bureau of the Census has followed, and met all
best practices, and all Office of Management and Budget guidelines
related to information technology projects.
hchb renovation and modernization
For expenses necessary for the renovation and modernization of the
Herbert C. Hoover Building, $3,722,000, to remain available until
expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $22,020,000.
[[Page 121 STAT. 1892]]
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized only upon the certification of officials
designated by the Secretary of Commerce that such payments are in the
public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That <<NOTE: Notification. Deadline.>> the Secretary of
Commerce shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department
of Commerce: Provided further, That for the National Oceanic and
Atmospheric Administration this section shall provide for transfers
among appropriations made only to the National Oceanic and Atmospheric
Administration and such appropriations may not be transferred and
reprogrammed to other Department of Commerce bureaus and appropriation
accounts.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 105. (a) Section 101(k) of the Emergency Steel Loan Guarantee
Act of 1999 (15 U.S.C. 1841 note) is amended by striking ``2007'' and
inserting ``2009''.
(b) Paragraphs (1) and (2) of section 101(b) of the Emergency Steel
Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) are each amended by
striking ``in 1998'' and inserting ``since 1998''.
[[Page 121 STAT. 1893]]
(c) Subparagraph (C) of section 101(c)(3) of the Emergency Steel
Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by striking
``, in 1998'' and inserting ``in 1998, and thereafter,''.
(d) The Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841
note) is amended by adding at the end the following:
``SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES.
``(a) In addition to funds made available under section 101(j) of
the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note), up
to $1,000,000 in funds made available under section 101(f) of such Act
may be used for salaries and administrative expenses to administer the
Emergency Steel Loan Guarantee Program.
``(b) Funds made available for salaries and administrative expenses
to administer the Emergency Steel Loan Guarantee Program shall remain
available until expended.''.
Sec. 106. <<NOTE: Trademark.>> Hereafter, notwithstanding any other
provision of law, no funds appropriated under this Act shall be used to
register, issue, transfer, or enforce any trademark of the phrase ``Last
Best Place''.
Sec. 107. Section 3315(b) of title 19, United States Code, is
amended by inserting ``, including food when sequestered,'' following
``for the establishment and operations of the United States Section and
for the payment of the United States share of the expenses''.
Sec. 108. Notwithstanding the requirements of subsection 4703(d),
the personnel management demonstration project established by the
Department of Commerce pursuant to 5 U.S.C. 4703 may be expanded to
involve more than 5,000 individuals, and is extended indefinitely.
Sec. 109. Section 212(b) of the National Technical Information Act
of 1988 (15 U.S.C. 3704b) is amended by striking ``Under Secretary of
Commerce for Technology'' and inserting ``Director of the National
Institute of Standards and Technology''.
Sec. 110. <<NOTE: Regulations. 33 USC note prec. 851.>> The
Secretary of Commerce is permitted to prescribe and enforce standards or
regulations affecting safety and health in the context of scientific and
occupational diving within the National Oceanic and Atmospheric
Administration.
Sec. 111. (a) <<NOTE: Compensation. Hawaii.>> The Secretary of
Commerce is authorized to provide compensation to fishery participants
who will be displaced by the 2011 fishery closure resulting from the
creation by Presidential proclamation of the Papahanaumokuakea Marine
National Monument.
(b) <<NOTE: Regulations.>> The Secretary shall promulgate
regulations for the voluntary capacity reduction program that:
(1) identifies eligible participants as those individuals
holding commercial Federal fishing permits for either lobster or
bottomfish in the designated waters within the Papahanaumokuakea
Marine National Monument;
(2) provides a mechanism to compensate eligible participants
for no more than the economic value of their permits;
(3) at the option of each eligible permit holder, provides
an optional mechanism for additional compensation based on the
value of the fishing vessel and gear of such participants who so
elect to receive these additional funds, provided that the
commercial fishing vessels of such participants will not be used
for fishing.
[[Page 121 STAT. 1894]]
(c) There is authorized to be appropriated to the National Oceanic
and Atmospheric Administration's National Marine Fisheries Service,
$6,697,500 for fiscal year 2008.
(d) Nothing in this section is intended to enlarge or diminish
Federal or State title, jurisdiction, or authority with respect to the
waters of the Northwestern Hawaiian Islands or the tidal or submerged
lands under any provision of State or Federal law.
Sec. 112. (a) <<NOTE: Reports. Deadlines. 33 USC 878a.>> For
purposes of this section--
(1) the term ``Under Secretary'' means Under Secretary of
Commerce for Oceans and Atmosphere;
(2) the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Appropriations and the
Committee on Science and Technology of the House of
Representatives;
(3) the term ``satellite'' means the satellites proposed to
be acquired for the National Oceanic and Atmospheric
Administration, other than the National Polar-orbiting
Operational Environmental Satellite System (NPOESS);
(4) the term ``development'' means the phase of a program
following the formulation phase and beginning with the approval
to proceed to implementation, as defined in NOAA Administrative
Order 216-108, Department of Commerce Administrative Order 208-
3, and NASA's Procedural Requirements 7120.5c, dated March 22,
2005;
(5) the term ``development cost'' means the total of all
costs, including construction of facilities and civil servant
costs, from the period beginning with the approval to proceed to
implementation through the achievement of operational readiness,
without regard to funding source or management control, for the
life of the program;
(6) the term ``life-cycle cost'' means the total of the
direct, indirect, recurring, and nonrecurring costs, including
the construction of facilities and civil servant costs, and
other related expenses incurred or estimated to be incurred in
the design, development, verification, production, operation,
maintenance, support, and retirement of a program over its
planned lifespan, without regard to funding source or management
control;
(7) the term ``major program'' means an activity approved to
proceed to implementation that has an estimated life-cycle cost
of more than $250,000,000;
(8) the term ``baseline'' means the program as set following
contract award and critical design review of the space and
ground systems.
(b)(1) NOAA shall not enter into a contract for development of a
major program, unless the Under Secretary determines that--
(A) the technical, cost, and schedule risks of the program
are clearly identified and the program has developed a plan to
manage those risks;
(B) the technologies required for the program have been
demonstrated in a relevant laboratory or test environment;
[[Page 121 STAT. 1895]]
(C) the program complies with all relevant policies,
regulations, and directives of NOAA and the Department of
Commerce;
(D) the program has demonstrated a high likelihood of
accomplishing its intended goals; and
(E) the acquisition of satellites for use in the program
represents a good value to accomplishing NOAA's mission.
(2) The Under Secretary shall transmit a report describing the basis
for the determination required under paragraph (1) to the appropriate
congressional committees at least 30 days before entering into a
contract for development under a major program.
(3) The Under Secretary may not delegate the determination
requirement under this subsection, except in cases in which the Under
Secretary has a conflict of interest.
(c)(1) Annually, at the same time as the President's annual budget
submission to the Congress, the Under Secretary shall transmit to the
appropriate congressional committees a report that includes the
information required by this section for the satellite development
program for which NOAA proposes to expend funds in the subsequent fiscal
year. The report under this paragraph shall be known as the Major
Program Annual Report.
(2) The first Major Program Annual Report for NOAA's satellite
development program shall include a Baseline Report that shall, at a
minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program, with
a detailed breakout of the development cost, program reserves,
and an estimate of the annual costs until development is
completed;
(C) the schedule for development, including key program
milestones;
(D) the plan for mitigating technical, cost, and schedule
risks identified in accordance with subsection (b)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (d), who shall be an individual
whose primary responsibility is overseeing the program.
(3) For the major program for which a Baseline Report has been
submitted, subsequent Major Program Annual Reports shall describe any
changes to the information that had been provided in the Baseline
Report, and the reasons for those changes.
(d)(1) <<NOTE: Notification.>> The individual identified under
subsection (c)(2)(E) shall immediately notify the Under Secretary any
time that individual has reasonable cause to believe that, for the major
program for which he or she is responsible, the development cost of the
program has exceeded the estimate provided in the Baseline Report of the
program by 20 percent or more.
(2) Not later than 30 days after the notification required under
paragraph (1), the individual identified under subsection (c)(2)(E)
shall transmit to the Under Secretary a written notification explaining
the reasons for the change in the cost of the program for which
notification was provided under paragraph (1).
(3) Not later than 15 days after the Under Secretary receives a
written notification under paragraph (2), the Under Secretary shall
transmit the notification to the appropriate congressional committees.
[[Page 121 STAT. 1896]]
(e) Not later than 30 days after receiving a written notification
under subsection (d)(2), the Under Secretary shall determine whether the
development cost of the program has exceeded the estimate provided in
the Baseline Report of the program by 20 percent or more. If the
determination is affirmative, the Under Secretary shall--
(1) transmit to the appropriate congressional committees,
not later than 15 days after making the determination, a report
that includes--
(A) a description of the increase in cost and a
detailed explanation for the increase;
(B) a description of actions taken or proposed to be
taken in response to the cost increase; and
(C) a description of any impacts the cost increase,
or the actions described under subparagraph (B), will
have on any other program within NOAA.
(2) if the Under Secretary intends to continue with the
program, promptly initiate an analysis of the program, which
shall include, at a minimum--
(A) the projected cost and schedule for completing
the program if current requirements of the program are
not modified;
(B) the projected cost and the schedule for
completing the program after instituting the actions
described under paragraph (1)(B); and
(C) a description of, and the projected cost and
schedule for, a broad range of alternatives to the
program. NOAA shall complete an analysis initiated under
paragraph (2) not later than 6 months after the Under
Secretary makes a determination under this subsection.
The Under Secretary shall transmit the analysis to the
appropriate congressional committees not later than 30
days after its completion.
(f) For the purposes of determining whether cost of the
Geostationary Operational Environmental Satellite Program exceeds 20
percent more than the baseline under this section, the estimate of the
total life-cycle cost for GOES-R shall be the estimate provided with the
NOAA Fiscal Year 2008 Presidential Budget justification (page 513).
Sec. 113. (a) <<NOTE: 16 USC 1861 note.>> The Secretary of Commerce
may--
(1) develop, maintain, and make public a list of vessels and
vessel owners engaged in illegal, unreported, or unregulated
fishing, including vessels or vessel owners identified by an
international fishery management organization, whether or not
the United States is a party to the agreement establishing such
organization; and
(2) take appropriate action against listed vessels and
vessel owners, including action against fish, fish parts, or
fish products from such vessels, in accordance with applicable
United States law and consistent with applicable international
law, including principles, rights, and obligations established
in applicable international fishery management and trade
agreements.
(b) Action taken by the Secretary under subsection (a)(2) that
include measures to restrict use of or access to ports or port services
shall apply to all ports of the United States and its territories.
(c) The Secretary may promulgate regulations to implement this
section.
[[Page 121 STAT. 1897]]
Sec. 114. (a) Of the amounts provided for the ``National Oceanic and
Atmospheric Administration, Operations, Research and Facilities'',
$5,856,600 shall be for necessary expenses in support of an agreement
between the Administrator of the National Oceanic and Atmospheric
Administration and the National Academy of Sciences under which the
National Academy of Sciences shall establish the Climate Change Study
Committee to investigate and study the serious and sweeping issues
relating to global climate change and make recommendations regarding
what steps must be taken and what strategies must be adopted in response
to global climate change, including the science and technology
challenges thereof.
(b) <<NOTE: Establishment. Summit. Reports. Deadline.>> The
agreement shall provide for: establishment of and appointment of members
to the Climate Change Study Committee by the National Academy of
Sciences; organization by the National Academy of Sciences of a Summit
on Global Climate Change to help define the parameters of the study, not
to exceed 3 days in length and to be attended by preeminent experts on
global climate change selected by the National Academy of Sciences; and
issuance of a report by the Climate Change Study Committee not later
than 2 years after the date the Climate Change Study Committee is first
convened, containing its findings, conclusions, and recommendations. Of
such amount, $856,600 shall be for the Summit on Global Climate Change
and $5,000,000 shall be for the other activities of the Climate Change
Study Committee.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2008''.
TITLE <<NOTE: Department of Justice Appropriations Act, 2008.>> II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $97,832,000, of which not to exceed $3,317,000 is for security
and construction of Department of Justice facilities, to remain
available until expended: Provided, That the Attorney General is
authorized to transfer funds appropriated within General Administration
to any office in this account: Provided further, That no appropriations
for any office within General Administration shall be increased or
decreased by more than 5 percent by all such transfers: Provided
further, That $12,221,000 is for Department Leadership; $7,383,000 is
for Intergovernmental Relations/External Affairs; $11,402,000 is for
Executive Support/Professional Responsibility; and $66,826,000 is for
the Justice Management Division: Provided further, That any change in
funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations consistent with the terms
of section 505 of this Act: Provided further, That this transfer
authority is in addition to transfers authorized under section 505 of
this Act.
justice information sharing technology
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$85,540,000, to remain available until expended, of which
[[Page 121 STAT. 1898]]
not less than $19,740,000 is for the unified financial management
system.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement, and for
the costs of operations and maintenance of existing Land Mobile Radio
legacy systems, $74,260,000, to remain available until September 30,
2009: Provided, That the Attorney General shall transfer to this account
all funds made available to the Department of Justice for the purchase
of portable and mobile radios: Provided further, That any transfer made
under the preceding proviso shall be subject to section 505 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $232,649,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account: Provided, That $3,760,000 shall be expended on the
Executive Office for Immigration Review's Legal Orientation Programs.
For an additional amount for ``Administrative Review and Appeals'',
$8,000,000 shall be for border security and immigration enforcement
along the Southwest border: Provided, That the amount provided by this
paragraph is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,225,920,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and Alien
Transportation System: Provided further, That not to exceed $5,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$70,603,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character:
Provided, <<NOTE: Deadline. Audit. Reports.>> That within 200 days of
enactment of this Act, the Inspector General shall conduct an audit and
issue a report to the Committees on Appropriations of all expenses of
the legislative and public affairs offices at each location of the
Justice Department, its bureaus and agencies, including but not limited
to every field office and headquarters component; the audit shall
include any and all expenses related to these activities.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $11,462,000.
[[Page 121 STAT. 1899]]
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $735,549,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $1,000
shall be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
For an additional amount for ``Legal Activities, General Legal
Activities'', $10,000,000 shall be for border security and immigration
enforcement along the Southwest border: Provided, That the amount
provided by this paragraph is designated as described in section 5 (in
the matter preceding division A of this consolidated Act).
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $6,833,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $147,819,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $139,000,000 in fiscal year 2008), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2008, so as to result in a
final fiscal year 2008 appropriation from the general fund estimated at
$8,819,000.
[[Page 121 STAT. 1900]]
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,747,822,000: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$20,000,000 shall remain available until expended: Provided further,
That of the amount provided under this heading, $5,000,000 shall be used
for salaries and expenses for hiring assistant U.S. Attorneys to carry
out section 704 of the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248) concerning the prosecution of offenses
relating to the sexual exploitation of children.
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $7,000,000 shall be for border security and immigration
enforcement along the Southwest border: Provided, That the amount
provided by this paragraph is designated as described in section 5 (in
the matter preceding division A of this consolidated Act).
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $209,763,000, of which $20,000,000 shall be from prior year
unobligated balances from funds previously appropriated, to remain
available until expended and to be derived from the United States
Trustee System Fund: Provided, That notwithstanding any other provision
of law, deposits to the Fund shall be available in such amounts as may
be necessary to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $184,000,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained and used for
necessary expenses in this appropriation and shall remain available
until expended: Provided further, That the sum herein appropriated from
the Fund shall be reduced as such offsetting collections are received
during fiscal year 2008, so as to result in a final fiscal year 2008
appropriation from the Fund estimated at $763,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $1,606,000.
united states marshals service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$849,219,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; of which not to exceed
$4,000,000 shall be for information technology systems and shall remain
available until expended; and of which not less than $11,653,000 shall
be available for the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling, and shall
remain available until expended.
For an additional amount for ``United States Marshals Service,
Salaries and Expenses'', $15,000,000 shall be for border security
[[Page 121 STAT. 1901]]
and immigration enforcement along the Southwest border: Provided, That
the amount provided by this paragraph is designated as described in
section 5 (in the matter preceding division A of this consolidated Act).
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$2,304,000, to remain available until expended.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$168,300,000, to remain available until expended: Provided, That, not to
exceed $10,000,000 may be made available for construction of buildings
for protected witness safesites: Provided further, That not to exceed
$3,000,000 may be made available for the purchase and maintenance of
armored and other vehicles for witness security caravans: Provided
further, That not to exceed $9,000,000 may be made available for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,794,000: Provided, That notwithstanding section 205 of this Act, upon
a determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$20,990,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $73,373,000; of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities
[[Page 121 STAT. 1902]]
of the National Security Division, the Attorney General may transfer
such amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug trafficking,
$497,935,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from appropriations under
this heading may be used under authorities available to the
organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; $6,349,950,000; of which not to exceed $150,000,000 shall remain
available until expended; and of which $2,308,580,000 shall be for
counterterrorism investigations, foreign counterintelligence, and other
activities related to national security: Provided, That not to exceed
$205,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $170,000 shall be
available in 2008 for expenses associated with the celebration of the
100th anniversary of the Federal Bureau of Investigation.
For an additional amount for ``Federal Bureau of Investigation,
Salaries and Expenses'', $143,539,000 to address emerging threats in
counterterrorism and cyber security: Provided, That the amount provided
by this paragraph is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $164,200,000, to remain
available until expended.
[[Page 121 STAT. 1903]]
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; and expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$1,855,569,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000 shall be
available for official reception and representation expenses.
For an additional amount for ``Drug Enforcement Administration,
Salaries and Expenses'', $2,000,000 for a communications intercept
initiative in Afghanistan: Provided, That the amount provided by this
paragraph is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, including the purchase of not to exceed 822 vehicles for
police-type use, of which 650 shall be for replacement only; not to
exceed $40,000 for official reception and representation expenses; for
training of State and local law enforcement agencies with or without
reimbursement, including training in connection with the training and
acquisition of canines for explosives and fire accelerants detection;
and for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement, $984,097,000, of
which not to exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18, United
States Code; and of which $10,000,000 shall remain available until
expended: Provided, That no funds appropriated herein shall be available
for salaries or administrative expenses in connection with consolidating
or centralizing, within the Department of Justice, the records, or any
portion thereof, of acquisition and disposition of firearms maintained
by Federal firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to change the
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
further, That none of the funds appropriated herein shall be available
to investigate or act upon applications for relief from Federal firearms
disabilities under 18 U.S.C. 925(c): Provided further, That such funds
shall be available to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities under section
925(c) of title 18, United States Code: Provided further, That no funds
made available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or Departments in fiscal year
2008: Provided further, <<NOTE: 18 USC 923 note.>> That, beginning in
fiscal year 2008
[[Page 121 STAT. 1904]]
and thereafter, no funds appropriated under this or any other Act may be
used to disclose part or all of the contents of the Firearms Trace
System database maintained by the National Trace Center of the Bureau of
Alcohol, Tobacco, Firearms and Explosives or any information required to
be kept by licensees pursuant to section 923(g) of title 18, United
States Code, or required to be reported pursuant to paragraphs (3) and
(7) of such section 923(g), except to: (1) a Federal, State, local,
tribal, or foreign law enforcement agency, or a Federal, State, or local
prosecutor, solely in connection with and for use in a criminal
investigation or prosecution; or (2) a Federal agency for a national
security or intelligence purpose; and all such data shall be immune from
legal process, shall not be subject to subpoena or other discovery,
shall be inadmissible in evidence, and shall not be used, relied on, or
disclosed in any manner, nor shall testimony or other evidence be
permitted based on the data, in a civil action in any State (including
the District of Columbia) or Federal court or in an administrative
proceeding other than a proceeding commenced by the Bureau of Alcohol,
Tobacco, Firearms and Explosives to enforce the provisions of chapter 44
of such title, or a review of such an action or proceeding; except that
this proviso shall not be construed to prevent: (A) the disclosure of
statistical information concerning total production, importation, and
exportation by each licensed importer (as defined in section 921(a)(9)
of such title) and licensed manufacturer (as defined in section
921(1)(10) of such title); (B) the sharing or exchange of such
information among and between Federal, State, local, or foreign law
enforcement agencies, Federal, State, or local prosecutors, and Federal
national security, intelligence, or counterterrorism officials; or (C)
the publication of annual statistical reports on products regulated by
the Bureau of Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed importer (as
so defined) and licensed manufacturer (as so defined), or statistical
aggregate data regarding firearms traffickers and trafficking channels,
or firearms misuse, felons, and trafficking investigations: Provided
further, That no funds made available by this or any other Act shall be
expended to promulgate or implement any rule requiring a physical
inventory of any business licensed under section 923 of title 18, United
States Code: Provided further, That no funds under this Act may be used
to electronically retrieve information gathered pursuant to 18 U.S.C.
923(g)(4) by name or any personal identification code: Provided further,
That no funds authorized or made available under this or any other Act
may be used to deny any application for a license under section 923 of
title 18, United States Code, or renewal of such a license due to a lack
of business activity, provided that the applicant is otherwise eligible
to receive such a license, and is eligible to report business income or
to claim an income tax deduction for business expenses under the
Internal Revenue Code of 1986.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design or projects; $23,500,000, to remain
available until expended.
[[Page 121 STAT. 1905]]
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, <<NOTE: 42 USC 250a.>> That the Attorney
General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $6,000 shall
be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2009: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison card
program from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System relating
to the operation of pre-release services, halfway houses, or other
custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$372,720,000, to remain available until expended, of which not to exceed
$14,000,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and
[[Page 121 STAT. 1906]]
to make such contracts and commitments, without regard to fiscal year
limitations as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of passenger motor
vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,328,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); $400,000,000, including
amounts for administrative costs, to remain available until expended:
Provided, That except as otherwise provided by law, not to exceed 3
percent of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That of the amount provided--
(1) $13,160,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,350,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $183,800,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $17,390,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or
[[Page 121 STAT. 1907]]
sexual assault as authorized by section 40299 of the
1994 Act; and
(B) $1,880,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women;
(4) $59,220,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(5) $9,400,000 for sexual assault victims assistance, as
authorized by section 202 of the 2005 Act;
(6) $40,420,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(7) $3,290,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $2,820,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act;
(9) $9,400,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(10) $36,660,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(11) $4,230,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act;
(12) $13,630,000 for the safe havens for children program,
as authorized by section 1301 of the 2000 Act;
(13) $6,580,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(14) $2,820,000 for an engaging men and youth in prevention
program, as authorized by the 2005 Act;
(15) $940,000 for analysis and research on violence against
Indian women, as authorized by section 904 of the 2005 Act;
(16) $940,000 for tracking of violence against Indian women,
as authorized by section 905 of the 2005 Act;
(17) $2,820,000 for services to advocate and respond to
youth, as authorized by section 401 of the 2005 Act;
(18) $2,820,000 for grants to assist children and youth
exposed to violence, as authorized by section 303 of the 2005
Act;
(19) $2,820,000 for the court training and improvements
program, as authorized by section 105 of the 2005 Act;
(20) $940,000 for grants for televised testimony, as
authorized by part N of the 1968 Act; and
(21) $940,000 for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as authorized
by section 41501 of the 1994 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968; the Missing Children's Assistance Act (42
[[Page 121 STAT. 1908]]
U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Justice for All Act of 2004 (Public Law 108-405); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162); the Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248);
subtitle D of title II of the Homeland Security Act of 2002 (Public Law
107-296), which may include research and development; and other programs
(including Statewide Automated Victims Notification Program); including
salaries and expenses in connection therewith, $196,184,000, to remain
available until expended: Provided, That grants under subparagraphs
(1)(A) and (B) of Public Law 98-473 are issued pursuant to rules or
guidelines that generally establish a publicly-announced, competitive
process: Provided further, That not to exceed $127,915,000 shall be
expended in total for Office of Justice Programs management and
administration.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); and other
programs; $908,136,000 (including amounts for administrative costs,
which shall be transferred to and merged with the ``Justice Assistance''
account), to remain available until expended as follows:
(1) $170,433,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act, (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g), of the 1968
Act, shall not apply for purposes of this Act), of which
$2,000,000 is for use by the National Institute of Justice in
assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by law
enforcement and $2,000,000 is for a program to improve State and
local law enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected throughout the intelligence
process;
(2) $410,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5));
(3) $30,080,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the prosecution
of criminal cases declined by local offices of the United States
Attorneys;
[[Page 121 STAT. 1909]]
(4) $2,820,000 for the Northern Border Prosecutor Initiative
to reimburse State, county, parish, tribal, or municipal
governments for costs associated with the prosecution of
criminal cases declined by local offices of the United States
Attorneys;
(5) $187,513,000 for discretionary grants to improve the
functioning of the criminal justice system and to assist victims
of crime (other than compensation);
(6) $16,000,000 for competitive grants to improve the
functioning of the criminal justice system and to assist victims
of crime (other than compensation);
(7) $940,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(8) $9,400,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164;
(9) $15,200,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(10) $7,050,000 for a prescription drug monitoring program;
(11) $17,860,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape Elimination
Act of 2003 (Public Law 108-79) including statistics, data, and
research, of which $1,692,000 shall be transferred to the
National Prison Rape Elimination Commission for authorized
activities;
(12) $9,400,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of the
1968 Act;
(13) $22,440,000 for assistance to Indian tribes, of which--
(A) $8,630,000 shall be available for grants under
section 20109 of subtitle A of title II of the 1994 Act;
(B) $8,630,000 shall be available for the Tribal
Courts Initiative; and
(C) $5,180,000 shall be available for tribal alcohol
and substance abuse reduction assistance grants;
(14) $2,500,000 for the Capital Litigation Improvement Grant
Program as authorized by section 426 of Public Law 108-405; and
(15) $6,500,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act:
Provided, That, if a unit of local government uses any of the funds made
available under this heading to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform nonadministrative public
safety service.
For an additional amount for ``State and Local Law Enforcement
Assistance'', $100,000,000 for security and related costs, including
overtime, associated with the two principal 2008 Presidential Candidate
Nominating Conventions, to be divided equally between the conventions:
Provided, That the amount provided by this paragraph is designated as
described in section 5 (in the matter preceding division A of this
consolidated Act).
[[Page 121 STAT. 1910]]
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Office of Weed and Seed Strategies, to implement ``Weed and Seed''
program activities, $32,100,000, to remain available until expended, as
authorized by section 103 of the Omnibus Crime Control and Safe Streets
Act of 1968.
community oriented policing services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162); subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296), which may include research and development; and
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
109-177) (including administrative costs), $587,233,000, to remain
available until expended: Provided, That of the funds under this
heading, not to exceed $2,575,000 shall be available for the Office of
Justice Programs for reimbursable services associated with programs
administered by the Community Oriented Policing Services Office:
Provided further, That any balances made available through prior year
deobligations shall only be available in accordance with section 505 of
this Act. Of the amount provided (which shall be by transfer, for
programs administered by the Office of Justice Programs)--
(1) $25,850,000 is for the matching grant program for armor
vests for law enforcement officers, as authorized by section
2501 of the 1968 Act: Provided, That $1,880,000 is transferred
directly to the National Institute of Standards and Technology's
Office of Law Enforcement Standards from the Community Oriented
Policing Services Office for research, testing, and evaluation
programs;
(2) $61,187,000 is for grants to entities described in
section 1701 of the 1968 Act, to address public safety and
methamphetamine manufacturing, sale, and use in hot spots as
authorized by section 754 of Public Law 109-177 and for other
anti-methaphetamine-related activities;
(3) $205,366,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment;
(4) $11,750,000 is for an offender re-entry program;
(5) $9,400,000 is for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of 1998
(42 U.S.C. 14601);
(6) $152,272,000 is for DNA related and forensic programs
and activities as follows:
(A) $147,391,000 for a DNA analysis and capacity
enhancement program including the purposes of section 2
of the DNA Analysis Backlog Elimination Act of 2000, as
amended by the Debbie Smith Act of 2004, and further
amended by Public Law 109-162;
(B) $4,881,000 for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412): Provided, That
unobligated funds appropriated in fiscal years 2006 and
2007 for grants as authorized under sections 412 and 413
of the foregoing
[[Page 121 STAT. 1911]]
public law are hereby made available, instead, for the
purposes here specified;
(7) $15,040,000 is for improving tribal law enforcement,
including equipment and training;
(8) $20,000,000 is for programs to reduce gun crime and gang
violence;
(9) $3,760,000 is for training and technical assistance;
(10) $18,800,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(11) not to exceed $28,200,000 is for program management and
administration;
(12) $20,000,000 is for grants under section 1701 of title I
of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring
of additional career law enforcement officers under part Q of
such title notwithstanding subsection (i) of such section; and
(13) $15,608,000 is for a national grant program the purpose
of which is to assist State and local law enforcement to locate,
arrest and prosecute child sexual predators and exploiters, and
to enforce State offender registration laws described in section
1701(b) of the 1968 Act, of which:
(A) $4,162,000 is for sex offender management
assistance as authorized by the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-162),
and the Violent Crime Control Act of 1994 (Public Law
103-322); and
(B) $850,000 is for the National Sex Offender Public
Registry.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''), the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162), and other
juvenile justice programs, including salaries and expenses in connection
therewith to be transferred to and merged with the appropriations for
Justice Assistance, $383,513,000, to remain available until expended as
follows:
(1) $658,000 for concentration of Federal efforts, as
authorized by section 204 of the 1974 Act;
(2) $74,260,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal grants
process;
(3) $93,835,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act;
(4) $70,000,000 for youth mentoring grants;
(5) $61,100,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261
and 262 thereof--
(A) $14,100,000 shall be for the Tribal Youth
Program;
(B) $18,800,000 shall be for a gang resistance
education and training program; and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $4,840,000 shall be available for
discretionary
[[Page 121 STAT. 1912]]
grants, for programs and activities to enforce State
laws prohibiting the sale of alcoholic beverages to
minors or the purchase or consumption of alcoholic
beverages by minors, for prevention and reduction of
consumption of alcoholic beverages by minors, and for
technical assistance and training;
(6) $15,040,000 for expenses authorized by part AA of the
1968 Act (Secure Our Schools);
(7) $16,920,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(8) $51,700,000 for the Juvenile Accountability Block Grants
program as authorized by part R of the 1968 Act and Guam shall
be considered a State:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of each amount may be used for training and technical
assistance: Provided further, That the previous two provisos shall not
apply to grants and projects authorized by sections 261 and 262 of the
1974 Act.
public safety officers benefits
For payments and expenses authorized by part L of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
such sums as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340) (including amounts for administrative
costs, which amounts shall be paid to the ``Justice Assistance''
account), to remain available until expended; and $4,854,000 for
payments authorized by section 1201(b) of such Act; and $3,980,000 for
educational assistance, as authorized by section 1212 of such Act:
Provided, <<NOTE: 42 USC 3796c-2.>> That, hereafter, funds available to
conduct appeals under section 1205(c) of the 1968 Act, which includes
all claims processing, shall be available also for the same under
subpart 2 of such part L and under any statute authorizing payment of
benefits described under subpart 1 thereof, and for appeals from final
decisions of the Bureau (under such part or any such statute) to the
Court of Appeals for the Federal Circuit, which shall have exclusive
jurisdiction thereof (including those, and any related matters,
pending), and for expenses of representation of hearing examiners (who
shall be presumed irrebuttably to enjoy quasi-judicial immunity in the
discharge of their duties under such part or any such statute) in
connection with litigation against them arising from such discharge.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. <<NOTE: Abortion.>> 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
[[Page 121 STAT. 1913]]
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: Provided further, That none of the funds
appropriated to ``Buildings and Facilities, Federal Prison System'' in
this or any other Act may be transferred to ``Salaries and Expenses,
Federal Prison System'', or any other Department of Justice account,
unless the President certifies that such a transfer is necessary to the
national security interests of the United States, and such authority
shall not be delegated, and shall be subject to section 505 of this Act.
Sec. 206. <<NOTE: 5 USC 3104 note.>> The Attorney General is
authorized to extend through September 30, 2009, the Personnel
Management Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of 2002, Public
Law 107-296 (6 U.S.C. 533) without limitation on the number of employees
or the positions covered.
Sec. 207. <<NOTE: Applicability. 28 USC 533 note.>> Notwithstanding
any other provision of law, Public Law 102-395 section 102(b) shall
extend to the Bureau of Alcohol, Tobacco, Firearms and Explosives in the
conduct of undercover investigative operations and shall apply without
fiscal year limitation with respect to any undercover investigative
operation initiated by the Bureau of Alcohol, Tobacco, Firearms and
Explosives that is necessary for the detection and prosecution of crimes
against the United States.
Sec. 208. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act may be used
by Federal prisons to purchase cable television services, to rent or
purchase videocassettes, videocassette recorders, or other audiovisual
or electronic equipment used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
[[Page 121 STAT. 1914]]
Sec. 210. <<NOTE: Certification.>> None of the funds made available
under this title shall be obligated or expended for Sentinel, or for any
other major new or enhanced information technology program having total
estimated development costs in excess of $100,000,000, unless the Deputy
Attorney General and the investment review board certify to the
Committees on Appropriations that the information technology program has
appropriate program management and contractor oversight mechanisms in
place, and that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 211. Any deviation from the amounts designated for specific
activities in this Act and accompanying report, or any use of
deobligated balances of funds provided under this title in previous
years, shall be subject to the procedures set forth in section 505 of
this Act.
Sec. 212. (a) Section 589a of title 28, United States Code, is
amended in subsection (b) by--
(1) striking ``and'' in paragraph (8);
(2) striking the period in paragraph (9) and inserting ``;
and''; and
(3) adding the following new paragraph:
``(10) fines imposed under section 110(l) of title 11,
United States Code.''.
(b) Section 110(l)(4)(A) of title 11, United States Code, is amended
to read as follows:
``(A) Fines imposed under this subsection in judicial districts
served by United States trustees shall be paid to the United States
trustees, who shall deposit an amount equal to such fines in the United
States Trustee Fund.''.
Sec. 213. (a) Section 1930(a) of title 28, United States Code, is
amended in paragraph (6) by striking everything after ``whichever occurs
first.'' and inserting in lieu thereof: ``The fee shall be $325 for each
quarter in which disbursements total less than $15,000; $650 for each
quarter in which disbursements total $15,000 or more but less than
$75,000; $975 for each quarter in which disbursements total $75,000 or
more but less than $150,000; $1,625 for each quarter in which
disbursements total $150,000 or more but less than $225,000; $1,950 for
each quarter in which disbursements total $225,000 or more but less than
$300,000; $4,875 for each quarter in which disbursements total $300,000
or more but less than $1,000,000; $6,500 for each quarter in which
disbursements total $1,000,000 or more but less than $2,000,000; $9,750
for each quarter in which disbursements total $2,000,000 or more but
less than $3,000,000; $10,400 for each quarter in which disbursements
total $3,000,000 or more but less than $5,000,000; $13,000 for each
quarter in which disbursements total $5,000,000 or more but less than
$15,000,000; $20,000 for each quarter in which disbursements total
$15,000,000 or more but less than $30,000,000; $30,000 for each quarter
in which disbursements total more than $30,000,000. The fee shall be
payable on the last day of the calendar month following the calendar
quarter for which the fee is owed.''.
(b) <<NOTE: Effective date. 28 USC 1930 note.>> This section and the
amendment made by this section shall take effect January 1, 2008, or the
date of the enactment of this Act, whichever is later.
Sec. 214. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and
[[Page 121 STAT. 1915]]
Budget Circular A-76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau of
Prisons or of Federal Prison Industries, Incorporated.
Sec. 215. Notwithstanding any other provision of law, no funds shall
be available for the salary, benefits, or expenses of any United States
Attorney assigned dual or additional responsibilities by the Attorney
General or his designee that exempt that United States Attorney from the
residency requirements of 28 U.S.C. 545.
Sec. 216. <<NOTE: Reports. Deadlines.>> Of the funds appropriated in
this Act for the Federal Bureau of Investigation's Sentinel program,
$25,000,000 shall not be available for obligation until 60 days after
the Committees on Appropriations receive from the Federal Bureau of
Investigation a report on the results of a completed integrated baseline
review for that program: Provided, That the report shall be submitted
simultaneously to the Government Accountability Office: Provided
further, That the Government Accountability Office shall review the
Bureau's performance measurement baseline for the Sentinel program and
shall submit its findings to the Committees on Appropriations of the
Senate and House of Representatives within 60 days of its receipt of the
report.
Sec. 217. <<NOTE: Certification.>> 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, <<NOTE: Notification.>> That the Bureau will
notify the Committees on Appropriations of any significant changes to
the baseline.
Sec. 218. (a) <<NOTE: Reports.>> The Attorney General shall submit
quarterly reports to the Inspector General of the Department of Justice
regarding the costs and contracting procedures relating to each
conference held by the Department of Justice during fiscal year 2008 for
which the cost to the Government was more than $20,000.
(b) Each report submitted under subsection (a) shall include, for
each conference described in that subsection held during the applicable
quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to
determine which costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive
basis for that conference; and
(B) a discussion of any cost comparison conducted by
the Department of Justice in evaluating potential
contractors for that conference.
Sec. 219. Notwithstanding any other provision of law, a public or
private institution of higher education may offer or provide
[[Page 121 STAT. 1916]]
an officer or employee of any branch of the United States Government or
of the District of Columbia, who is a current or former student of such
institution, financial assistance for the purpose of repaying a student
loan or forbearance of student loan repayment, and an officer or
employee of any branch of the United States Government or of the
District of Columbia may seek or receive such assistance or forbearance.
Sec. 220. (a) Section 2996(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``, territories, and Indian tribes (as defined
in section 2704)'' after ``to assist States''; and
(B) in subparagraph (B), by striking ``and local''
and inserting ``, territorial, Tribal, and local'';
(2) in paragraph (2), by inserting ``, territories, and
Indian tribes'' after ``make grants to States''; and
(3) in paragraph (3)(C), by inserting ``, Tribal,'' after
``support State''.
(b) Section 755(a) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (42 U.S.C. 3797cc-2(a)) is amended by
inserting ``, territories, and Indian tribes (as defined in section 2704
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797d))'' after ``make grants to States''.
(c) Section 756 of the USA PATRIOT Improvement and Reauthorization
Act of 2005 (42 U.S.C. 3797cc-3) is amended--
(1) in subsection (a)(2), by inserting ``, territorial, or
Tribal'' after ``State'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, territorial, or Tribal''
after ``State''; and
(ii) by striking ``and/or'' and inserting
``or'';
(B) in paragraph (2)--
(i) by inserting ``, territory, Indian
tribe,'' after ``agency of the State''; and
(ii) by inserting ``, territory, Indian
tribe,'' after ``criminal laws of that State'';
and
(C) by adding at the end the following:
``(C) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 2704 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797d).''; and
(3) in subsection (c)--
(A) in paragraph (3), by striking ``Indian Tribes''
and inserting ``Indian tribes''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``State's''; and
(II) by striking ``and/or'' and
inserting ``or'';
(ii) in subparagraph (A), by striking
``State'';
(iii) in subparagraph (C), by inserting ``,
Indian tribes,'' after ``involved counties''; and
(iv) in subparagraph (D), by inserting ``,
Tribal'' after ``Federal, State''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2008''.
[[Page 121 STAT. 1917]]
TITLE <<NOTE: Science Appropriations Act, 2008.>> III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601-6671), hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in the District
of Columbia, $5,184,000.
National Aeronautics and Space Administration
science, aeronautics and exploration
For necessary expenses in the conduct and support of science,
aeronautics and exploration research and development activities,
including research, development, operations, support and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control and
communications activities including operations, production, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $10,543,100,000, to remain available until
September 30, 2009: Provided, That, of the amounts provided under this
heading, $5,577,310,000 shall be for science, $625,280,000 shall be for
aeronautics research, $3,842,010,000 shall be for exploration systems,
and $556,400,000 shall be for cross-agency support programs: Provided
further, That the amounts in the previous proviso shall be reduced by
$57,900,000 in corporate and general administrative expenses and the
reduction shall be applied proportionally to each
amount <<NOTE: Mars.>> therein: Provided further, That none of the funds
under this heading shall be used for any research, development, or
demonstration activities related exclusively to the human exploration of
Mars.
exploration capabilities
For necessary expenses in the conduct and support of exploration
capabilities research and development activities, including research,
development, operations, support and services; space flight, spacecraft
control and communications activities including operations, production,
and services; maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; program
[[Page 121 STAT. 1918]]
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $6,733,700,000, to remain available until
September 30, 2009: Provided, That of the amounts provided under this
heading, $4,000,000,000 shall be for Space Shuttle operations,
production, research, development, and support and $2,220,000,000 shall
be for International Space Station operations, production, research,
development, and support: Provided further, That amounts funded under
this heading shall be reduced by $32,000,000 in corporate and general
administrative expenses and the reduction shall be applied
proportionally to each amount therein.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $32,600,000, to remain
available until September 30, 2009.
Administrative Provisions
(including transfer of funds)
Notwithstanding the limitation on the duration of availability of
funds appropriated for ``Science, Aeronautics and Exploration'' or
``Exploration Capabilities'' under this title, when any activity has
been initiated by the incurrence of obligations for construction of
facilities or environmental compliance and restoration activities as
authorized by law, such amount available for such activity shall remain
available until expended. This provision does not apply to the amounts
appropriated for institutional minor revitalization and minor
construction of facilities, and institutional facility planning and
design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, Aeronautics and Exploration'' or
``Exploration Capabilities'' by this appropriations Act, the amounts
appropriated for construction of facilities shall remain available until
September 30, 2010.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn. Funding shall not be made available for
Centennial Challenges unless authorized.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Any transfer pursuant to this provision shall be treated
as a reprogramming of funds under section 505 of this Act and shall not
be available for obligation except in compliance with the procedures set
forth in that section.
Notwithstanding any other provision of law, no funds shall be used
to implement any Reduction in Force or other involuntary separations
(except for cause) by the National Aeronautics and Space Administration
prior to September 30, 2008.
[[Page 121 STAT. 1919]]
The <<NOTE: Strategy. 42 USC 16762 note.>> 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. <<NOTE: Deadlines.>> The Administrator shall transmit this
strategy to Congress not later than 90 days after the date of enactment
of this Act. The Administrator shall update and transmit to Congress
this strategy not less than every six months thereafter until the
successor human-rated space transport vehicle is fully operational.
For <<NOTE: 42 USC 16611b.>> fiscal year 2009 and hereafter, the
National Aeronautics and Space Administration shall provide, at a
minimum, the following information in its annual budget justification:
(1) The actual, current, proposed funding level, and
estimated budgets for the next five fiscal years by directorate,
theme, program, project and activity within each appropriations
account.
(2) The proposed programmatic and non-programmatic
construction of facilities.
(3) The budget for headquarters including--
(A) the budget by office, and any division thereof,
for the actual, current, proposed funding level, and
estimated budgets for the next five fiscal years;
(B) the travel budget for each office, and any
division thereof, for the actual, current, and proposed
funding level; and
(C) the civil service full time equivalent
assignments per headquarters office, and any division
thereof, including the number of Senior Executive
Service, noncareer, detailee, and contract personnel per
office.
(4) <<NOTE: Deadline.>> Within 14 days of the submission of
the budget to the Congress an accompanying volume shall be
provided to the Committees on Appropriations containing the
following information for each center, facility managed by any
center, and federally funded research and development center
operated on behalf of the National Aeronautics and Space
Administration:
(A) The actual, current, proposed funding level, and
estimated budgets for the next five fiscal years by
directorate, theme, program, project, and activity.
(B) The proposed programmatic and non-programmatic
construction of facilities.
(C) The number of civil service full time equivalent
positions per center for each identified fiscal year.
(D) The number of civil service full time equivalent
positions considered to be uncovered capacity at each
location for each identified fiscal year.
[[Page 121 STAT. 1920]]
(5) The proposed budget as designated by object class for
each directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain the
request for each program, project, and activity, and an
explanation for any deviation to previously adopted baselines
for all justification materials provided to the Committees.
The <<NOTE: Reports. Deadline.>> Administrator of the National
Aeronautics and Space Administration shall submit quarterly reports to
the Inspector General of the National Aeronautics and Space
Administration regarding the costs and contracting procedures relating
to each conference or meeting, held by the National Aeronautics and
Space Administration during fiscal year 2008 for which the cost to the
Government was more than $20,000.
Each report submitted shall include, for each conference described
in that subsection held during the applicable quarter--
(1) a description of the number of and purpose of
participants attending that conference or meeting;
(2) a detailed statement of the costs to the Government
relating to that conference or meeting, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of all related travel; and
(D) a discussion of the methodology used to
determine which costs relate to that conference or
meeting; and
(3) a description of the contracting procedures relating to
that conference or meeting, including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the National Aeronautics and Space Administration in
evaluating potential contractors for any conference or
meeting.
The <<NOTE: Reports. Deadline.>> Administrator of NASA shall, not
later than September 30, 2008, submit to the appropriate committees of
Congress a report on each conference for which the agency paid travel
expenses during fiscal year 2008 that includes--
(1) the itemized expenses paid by the agency, including
travel expenses and any agency expenditure to otherwise support
the conference;
(2) the primary sponsor of the conference;
(3) the location of the conference;
(4) in the case of a conference for which the agency was the
primary sponsor, a statement that--
(A) justifies the location selected;
(B) demonstrates the cost efficiency of the
location;
(C) the date of the conference;
(D) a brief explanation how the conference advanced
the mission of the agency; and
(E) the total number of individuals who travel or
attendance at the conference was paid for in part or
full by the agency.
In this provision, the term conference means a meeting that--
(1) is held for consultation, education, awareness, or
discussion;
(2) includes participants who are not all employees of the
same agency;
(3) is not held entirely at an agency facility;
[[Page 121 STAT. 1921]]
(4) involves costs associated with travel and lodging for
some participants; and
(5) is sponsored by 1 or more agencies, 1 or more
organizations that are not agencies, or a combination of such
agencies or organizations.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $4,821,474,000, to remain available
until September 30, 2009, of which not to exceed $510,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That from funds specified in
the fiscal year 2008 budget request for icebreaking services, up to
$57,000,000 shall be available for the procurement of polar icebreaking
services: Provided further, That the National Science Foundation shall
only reimburse the Coast Guard for such sums as are agreed to according
to the existing memorandum of agreement: Provided further, That
$2,240,000 shall be transferred to the ``Office of Science and
Technology Policy'' for costs associated with the Science and Technology
Policy Institute/RaDiUS: Provided further, That receipts for scientific
support services and materials furnished by the National Research
Centers and other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
authorized travel, $220,740,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$725,600,000, to remain available until September 30, 2009.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950, as
[[Page 121 STAT. 1922]]
amended (42 U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; not to exceed $9,000 for official
reception and representation expenses; uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; rental of conference rooms in the
District of Columbia; and reimbursement of the General Services
Administration for security guard services; $281,790,000: Provided, That
contracts may be entered into under this heading in fiscal year 2008 for
maintenance and operation of facilities, and for other services, to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880
et seq.), $3,969,000: Provided, That not to exceed $9,000 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$11,427,000, to remain available until September 30, 2009.
This title may be cited as the ``Science Appropriations Act, 2008''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,460,000: Provided, That none of the
funds appropriated in this paragraph shall be used to employ in excess
of four full-time individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized
[[Page 121 STAT. 1923]]
by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; and not to
exceed $29,140,000 for payments to State and local enforcement agencies
for authorized services to the Commission, $329,300,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,500 from available funds:
Provided further, <<NOTE: Notification.>> That the Commission may take
no action to implement any workforce repositioning, restructuring, or
reorganization until such time as the House and Senate Committees on
Appropriations have been notified of such proposals, in accordance with
the reprogramming requirements of section 505 of this Act.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $68,400,000, to remain available until
expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $350,490,000, of
which $332,390,000 is for basic field programs and required independent
audits; $3,000,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $12,500,000 is for management and administration; $2,100,000
is for client self-help and information technology; and $500,000 is for
loan repayment assistance: Provided, That the Legal Services Corporation
may continue to provide locality pay to officers and employees at a rate
no greater than that provided by the Federal Government to Washington,
DC-based employees as authorized by 5 U.S.C. 5304, notwithstanding
section 1005(d) of the Legal Services Corporation Act, 42 U.S.C.
2996(d).
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2007 and 2008, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, $2,820,000.
[[Page 121 STAT. 1924]]
National Veterans Business Development Corporation
salaries and expenses
For necessary expenses of the National Veterans Business Development
Corporation established under section 33 of the Small Business Act (15
U.S.C. 657c), $1,410,000, to remain available until expended.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$44,120,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $124,000 shall be available for official
reception and representation expenses: Provided
further, <<NOTE: Negotiations.>> That negotiations shall be conducted
within the World Trade Organization to recognize the right of members to
distribute monies collected from antidumping and countervailing duties:
Provided further, That negotiations shall be conducted within the World
Trade Organization consistent with the negotiating objectives contained
in the Trade Act of 2002, Public Law 107-210.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572), $3,760,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
[[Page 121 STAT. 1925]]
Sec. 505. (a) <<NOTE: Notifications. Deadlines.>> None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates new programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices, programs, or
activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the House
and Senate Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2008, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or projects as
approved by Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such reprogramming of
funds.
Sec. 506. <<NOTE: 33 USC 891e-1.>> Hereafter, none of the funds made
available in this Act or any other Act may be used for the construction,
repair (other than emergency repair), overhaul, conversion, or
modernization of vessels for the National Oceanic and Atmospheric
Administration in shipyards located outside of the United States.
Sec. 507. <<NOTE: Religious harassment.>> Hereafter, none of the
funds made available in this Act may be used to implement, administer,
or enforce any guidelines of the Equal Employment Opportunity Commission
covering harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58 Fed. Reg.
51266).
Sec. 508. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 509. <<NOTE: Deadline. Reports.>> The Departments of Commerce
and Justice, the National Science Foundation, and the National
Aeronautics and Space Administration, shall provide to the House and
Senate
[[Page 121 STAT. 1926]]
Committees on Appropriations a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such agency
during any previous fiscal year.
Sec. 510. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 511. <<NOTE: Tobacco and tobacco products.>> None of the funds
provided by this Act shall be available to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type.
Sec. 512. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more than
24 hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective
transferee would not violate subsection (g) or (n) of section
922 of title 18, United States Code, or State law.
Sec. 513. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other
provision of law, amounts deposited or available in the Fund established
under 42 U.S.C. 10601 in any fiscal year in excess of $590,000,000 shall
not be available for obligation until the following fiscal year.
Sec. 514. <<NOTE: Discrimination.>> None of the funds made available
to the Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students who
participate in programs for which financial assistance is provided from
those funds, or of the parents or legal guardians of such students.
Sec. 515. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 516. <<NOTE: President. International agreements.>> 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.
[[Page 121 STAT. 1927]]
Sec. 517. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 518. (a) Tracing studies conducted by the Bureau of Alcohol,
Tobacco, Firearms and Explosives are released without adequate
disclaimers regarding the limitations of the data.
(b) <<NOTE: Firearm traces.>> The Bureau of Alcohol, Tobacco,
Firearms and Explosives shall include in all such data releases,
language similar to the following that would make clear that trace data
cannot be used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not all
firearms used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected do
not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are normally
traced to the first retail seller, and sources reported for
firearms traced do not necessarily represent the sources or
methods by which firearms in general are acquired for use in
crime.
Sec. 519. (a) <<NOTE: Audits. Reports. Deadlines.>> The Inspectors
General of the Department of Commerce, the Department of Justice, the
National Aeronautics and Space Administration, and the National Science
Foundation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are appropriated
by this Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a description of
areas of particular interest, within 180 days after initiating such an
audit and every 180 days thereafter until any such audit is completed.
(b) <<NOTE: Public information. Website.>> Within 60 days after the
date on which an audit described in subsection (a) by an Inspector
General is completed, the Secretary, Attorney General, Administrator, or
Director, as appropriate, shall make the results of the audit available
to the public on the Internet website maintained by the Department,
Administration, or Foundation, respectively. The results shall be made
available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) <<NOTE: Certification.>> Any person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary
[[Page 121 STAT. 1928]]
of Commerce, the Attorney General, the Administrator, or the Director,
as appropriate, certifying that no funds derived from the grant or
contract will be made available through a subcontract or in any other
manner to another person who has a financial interest in the person
awarded the grant or contract.
(e) <<NOTE: Effective date.>> The provisions of the preceding
subsections of this section shall take effect 30 days after the date on
which the Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government Ethics,
determines that a uniform set of rules and requirements, substantially
similar to the requirements in such subsections, consistently apply
under the executive branch ethics program to all Federal departments,
agencies, and entities.
Sec. 520. None of the funds appropriated or otherwise made available
under this Act may be used to issue patents on claims directed to or
encompassing a human organism.
Sec. 521. <<NOTE: Torture.>> None of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 522. (a) <<NOTE: Exports. Canada.>> Notwithstanding any other
provision of law or treaty, none of the funds appropriated or otherwise
made available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the United
States to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an export
license for the export to Canada of components, parts, accessories or
attachments for firearms listed in Category I, section 121.1 of title
22, Code of Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005) with a
total value not exceeding $500 wholesale in any transaction, provided
that the conditions of subsection (b) of this section are met by the
exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
[[Page 121 STAT. 1929]]
(d) <<NOTE: Federal Register, publication. President.>> The
President may require export licenses under this section on a temporary
basis if the President determines, upon publication first in the Federal
Register, that the Government of Canada has implemented or maintained
inadequate import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and continues to
take place for use in international terrorism or in the escalation of a
conflict in another nation. The President shall terminate the
requirements of a license when reasons for the temporary requirements
have ceased.
Sec. 523. Notwithstanding any other provision of law, no department,
agency, or instrumentality of the United States receiving appropriated
funds under this Act or any other Act shall obligate or expend in any
way such funds to pay administrative expenses or the compensation of any
officer or employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to
27 CFR section 478.112 or .113, for a permit to import United States
origin ``curios or relics'' firearms, parts, or ammunition.
Sec. 524. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 525. (a)(1) <<NOTE: Reports. Certifications. Deadlines.>> The
Administrator of the National Aeronautics and Space Administration shall
modify the Administration's financial management system and perform all
appropriate testing and assurance activities necessary for the system to
be capable of properly budgeting, accounting for, controlling, and
reporting on appropriations made to the Administration for fiscal year
2009 and thereafter under the appropriation accounts set out for the
Administration in H.R. 3093 of the 110th Congress, as passed by the
House of Representatives.
(2) The Administrator shall transmit to the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate a written report, on a monthly basis until
the certification under paragraph (3) is transmitted, on progress in
complying with this subsection.
(3) Not later than April 1, 2008, the Administrator shall transmit
to the Committee on Appropriations of the House of Representatives and
the Committee on Appropriations of the Senate a written certification
that the Administration's financial management system meets the
requirements of this section.
(b) <<NOTE: Effective date.>> 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--
[[Page 121 STAT. 1930]]
(1) mission area (as reflected in the appropriation accounts
set out for the Administration in H.R. 3093 of the 110th
Congress, as passed by the House of Representatives);
(2) program or project;
(3) Center; and
(4) object class, as well as any other financial information
requested by the Committee on Appropriations of the House of
Representatives or the Committee on Appropriations of the
Senate.
Sec. 526. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of any
of the following laws authorizing the Federal Bureau of Investigation to
issue national security letters: The Right to Financial Privacy Act; The
Electronic Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the laws amended
by these Acts.
Sec. 527. None of the funds appropriated or otherwise made available
by this Act may be made available for a public-private competition
conducted under Office of Management and Budget Circular A-76 or to
convert a function performed by Federal employees to private sector
performance without such a competition unless a representative
designated by a majority of the employees engaged in the performance of
the activity or function for which the public-private competition is
conducted or which is to be converted without such a competition is
treated as an interested party with respect to such competition or
decision to convert to private sector performance for purposes of
subchapter V of chapter 35 of title 31, United States Code.
Sec. 528. Section 605 of the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (16 U.S.C. 1451 note) is amended--
(1) in the matter preceding paragraph (1) by striking
``$25,500,000 for fiscal year 2008'' and inserting ``$30,000,000
for each of fiscal years 2008 through 2010'';
(2) in each of paragraphs (1), (2), (3), (4), and (6) by
striking ``2008'' and inserting ``2010''; and
(3) in paragraph (5) by striking ``fiscal year 2008'' and
inserting ``each of fiscal years 2008 through 2010''.
Sec. 529. <<NOTE: Effective date. 16 USC 1853a note.>> Effective
January 13, 2007, section 303A of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853a) is amended--
(1) by striking ``association'' in subsection (c)(4)(A)(iii)
and inserting ``association, among willing parties'';
(2) by striking paragraph (2) of subsection (i);
(3) by striking ``(1) In general.--'' in subsection (i) and
resetting paragraph (1) as a full measure paragraph following
``(i) Transition Rules.--''; and
(4) by redesignating subparagraphs (A), (B), and (C) of
subsection (i)(1) (before its amendment by paragraph (3)) as
paragraphs (1), (2), and (3), respectively and resetting them as
indented paragraphs 2 ems from the left margin.
Sec. 530. <<NOTE: Notification.>> 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
[[Page 121 STAT. 1931]]
shall immediately inform the Secretary, Administrator, or Director. The
Secretary, <<NOTE: Deadline.>> Administrator, or Director shall notify
the House and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice: the date on
which such determination was made; a statement of the reasons for such
increases; the action taken and proposed to be taken to control future
cost growth of the project; changes made in the performance or schedule
milestones and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new estimates of
the total project or procurement costs; and a statement validating that
the project's management structure is adequate to control total project
or procurement costs.
Sec. 531. Notwithstanding section 505 of this Act, no funds shall be
reprogrammed within or transferred between appropriations after June 30,
except in extraordinary circumstances.
Sec. 532. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2008 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2008.
Sec. 533. (a) Subsection (a) of section 315 of the National
Aeronautics and Space Administration Act of 1958 (42 U.S.C. 2459j) is
amended--
(1) by striking ``Notwithstanding any other provision of
law, the Administrator'' and inserting ``The Administrator'';
and
(2) by striking ``any real property'' and inserting ``any
non-excess real property and related personal property''; and
(3) by striking ``at no more than two (2) National
Aeronautics and Space Administration (NASA) centers''.
(b) Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``consideration'' and all
that follows through the end of the paragraph and inserting
``cash consideration for the lease at fair market value as
determined by the Administrator.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as redesignated by paragraph (3) of
this subsection--
(A) in subparagraph (B), by striking ``maintenance''
and all that follows through ``centers selected for this
demonstration program'' and inserting ``capital
revitalization and construction projects and
improvements of real property assets and related
personal property under the jurisdiction of the
Administrator''; and
(B) by adding at the end the following new
subparagraph:
``(C) Amounts utilized under subparagraph (B) may not be
utilized for daily operating costs.''.
(c) Subsection (e) of such section is amended--
(1) by striking ``Lease Restrictions.--NASA'' and inserting
the following: ``Lease Restrictions.--
``(1) NASA''; and
(2) by adding at the end the following new paragraph:
[[Page 121 STAT. 1932]]
``(2) <<NOTE: Certification.>> NASA is not authorized to
enter into an out-lease under this section unless the
Administrator certifies that such out-lease will not have a
negative impact on NASA's mission.''.
(d) Such section is further amended by adding at the end the
following new subsection (f):
``(f) Sunset.--The authority to enter into leases under this section
shall expire on the date that is ten years after the date of the
enactment of the Commerce, Justice, Science, and Related Agencies
Appropriations Act of 2008. The expiration under this subsection of
authority to enter into leases under this section shall not affect the
validity or term of leases or NASA's retention of proceeds from leases
entered into under this section before the date of the expiration of
such authority.''.
(e) The heading of such section is amended by striking ``Enhanced-
use lease of real property demonstration'' and inserting ``Lease of non-
excess property''.
(f) <<NOTE: Effective date. 42 USC 2459j note.>> This section shall
become effective on December 31, 2008.
Sec. 534. <<NOTE: 5 USC app. 6 note.>> The Departments, agencies,
and commissions funded under this Act, shall establish and maintain on
the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General website
by which individuals may anonymously report cases of waste,
fraud, or abuse with respect to those Departments, agencies, and
commissions.
Sec. 535. <<NOTE: Contracts. Grants. Certification.>> None of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in an amount greater than $5,000,000 or to
award a grant in excess of such amount unless the prospective contractor
or grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the three
years preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 536. <<NOTE: ED 1.0 Act. 47 USC 902 note.>> This section may be
cited as the ``ED 1.0 Act''.
(a) In this section:
(1) The term ``Administrator'' means the Administrator of
the National Telecommunications and Information Administration.
(2) The term ``eligible educational institution'' means an
institution that is--
(A) a historically Black college or university;
(B) a Hispanic-serving institution as that term is
defined in section 502(a)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1101a(a)(5));
(C) a tribally controlled college or university as
that term is defined in section 2(a)(4) of the Tribally
Controlled College or University Assistance Act of 1978
(25 U.S.C. 1801(a)(4));
[[Page 121 STAT. 1933]]
(D) an Alaska Native-serving institution as that
term is defined in section 317(b)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or
(E) a Native Hawaiian-serving institution as that
term is defined in section 317(b)(4) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b)(4)).
(3) The term ``historically Black college or university''
means a part B institution as that term is defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
(b)(1)(A) <<NOTE: Grants.>> There is established within the National
Telecommunications and Information Administration a pilot program under
which the Administrator shall award 9 grants to eligible educational
institutions to enable the eligible educational institutions to develop
digital and wireless networks for online educational programs of study
within the eligible educational institutions. The Administrator shall
award not less than 1 grant to each type of eligible educational
institution, enumerated under subsection (a)(2).
(B)(i) The Administrator shall award a total of 9 grants under this
subsection.
(ii) The Administrator shall make grant payments under this
subsection in the amount of $500,000.
(2)(A) In awarding grants under this subsection the Administrator
shall give priority to an eligible educational institution that,
according to the most recent data available (including data available
from the Bureau of the Census), serves a county, or other appropriate
political subdivision where no counties exist--
(i) in which 50 percent of the residents of the county, or
other appropriate political subdivision where no counties exist,
are members of a racial or ethnic minority;
(ii) in which less than 18 percent of the residents of the
county, or other appropriate political subdivision where no
counties exist, have obtained a baccalaureate degree or a higher
education;
(iii) that has an unemployment rate of 7 percent or greater;
(iv) in which 20 percent or more of the residents of the
county, or other appropriate political subdivision where no
counties exist, live in poverty;
(v) that has a negative population growth rate; or
(vi) that has a family income of not more than $32,000.
(B) In awarding grants under this subsection the Administrator shall
give the highest priority to an eligible educational institution that
meets the greatest number of requirements described in clauses (i)
through (vi) of subparagraph (A).
(3) An eligible educational institution receiving a grant under this
subsection may use the grant funds--
(A) to acquire equipment, instrumentation, networking
capability, hardware, software, digital network technology,
wireless technology, or wireless infrastructure;
(B) to develop and provide educational services, including
faculty development; or
(C) to develop strategic plans for information technology
investments.
(4) The Administrator shall not require an eligible educational
institution to provide matching funds for a grant awarded under this
subsection.
(5)(A) The Administrator shall consult with the Committee on
Appropriations and the Committee on Commerce, Science, and
[[Page 121 STAT. 1934]]
Transportation of the Senate and the Committee on Appropriations and the
Committee on Energy and Commerce of the House of Representatives, on a
quarterly basis regarding the pilot program assisted under this
subsection.
(B) <<NOTE: Reports. Deadline.>> Not later than 1 year after the
date of enactment of this section, the Administrator shall submit to the
committees described in subparagraph (A) a report evaluating the
progress of the pilot program assisted under this subsection.
(c) There are authorized to be appropriated to carry out this
section $4,500,000 for each of fiscal years 2008 and 2009.
(d) The Administrator shall carry out this section only with amounts
appropriated in advance specifically to carry out this section.
Sec. 537. None of the funds appropriated or otherwise made available
in this Act may be used in a manner that is inconsistent with the
principal negotiating objective of the United States with respect to
trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
Sec. 538. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 539. Section 2301 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking
``the `Improving Emergency Communications Act of 2007'.'' and inserting
``the `911 Modernization Act'.''.
Sec. 540. Section 504(a)(11)(E) of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134; 110
Stat. 1321-55) is amended by inserting before ``an alien'' the
following: ``a nonimmigrant worker admitted to, or permitted to remain
in, the United States under section 101(a)(15)(H)(ii)(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for
forestry labor or''.
Sec. 541. None of the funds made available in this Act may be used
in contravention of section 402(e)(1) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 542. None of the funds in this Act may be used to employ
workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 543. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than
[[Page 121 STAT. 1935]]
50 employees from a Federal department or agency at any single
conference occurring outside the United States.
TITLE VI
RESCISSIONS
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(RESCISSION)
Of the unobligated balances available under this heading from prior
year appropriations, $5,700,000 are rescinded.
Economic and Statistical Analysis
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading from prior
year appropriations, $800,000 are rescinded.
National Institute of Standards and Technology
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading from prior
year appropriations, $18,800,000 are rescinded.
National Oceanic and Atmospheric Administration
(Rescission)
Of the unobligated balances available in accounts under this heading
from prior year appropriations, $11,372,000 are rescinded.
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading, $7,400,000
are rescinded.
JUSTICE INFORMATION SHARING TECHNOLOGY
(RESCISSION)
Of the unobligated balances available under this heading, $5,000,000
are rescinded.
[[Page 121 STAT. 1936]]
Working Capital Fund
(Rescission)
Of the unobligated balances available under this heading,
$41,000,000 are rescinded.
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
(RESCISSION)
Of the unobligated balances available under this heading, $1,300,000
are rescinded.
DETENTION TRUSTEE
(RESCISSION)
Of the unobligated balances available under this heading,
$145,000,000 are rescinded.
Legal Activities
Assets Forfeiture Fund
(Rescission)
Of the unobligated balances available under this heading,
$240,000,000 are rescinded.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(RESCISSION)
Of the unobligated balances available under this heading from prior
year appropriations, $14,700,000 are rescinded.
Office of Justice Programs
(Rescission)
Of the unobligated balances available under this heading from prior
year appropriations, $87,500,000 are rescinded, not later than September
30, 2008.
Community Oriented Policing Services
(Rescissions)
Of the unobligated balances available under this heading from prior
year appropriations, $87,500,000 are rescinded, not later than September
30, 2008.
Of the unobligated funds previously appropriated from the Violent
Crime Reduction Trust Fund under this heading, $10,278,000 are
rescinded.
[[Page 121 STAT. 1937]]
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, <<NOTE: Deadline. Reports.>> That within 30
days after the date of the enactment of this section the Administrator
shall submit to the Committees on Appropriations a report specifying the
amount of each rescission made pursuant to this section.
NATIONAL SCIENCE FOUNDATION
(Rescission)
Of the unobligated balances available to the National Science
Foundation from prior year appropriations, $33,000,000 are rescinded:
Provided, <<NOTE: Deadline. Reports.>> That within 30 days after the
date of the enactment of this section the Director shall submit to the
Committees on Appropriations a report specifying the amount of each
rescission made pursuant to this section.
This Act may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2008''.
DIVISION C--ENERGY <<NOTE: Energy and Water Development and Related
Agencies Appropriations Act, 2008.>> AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood and storm damage reduction,
shore protection, aquatic ecosystem restoration, and related purposes.
Investigations
(including rescission of funds)
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and related
projects; restudy of authorized projects, miscellaneous investigations;
and, when authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $167,261,000, to
remain available until expended: Provided, That of the funds provided
under this heading of Public Law 106-554, $100,000 are rescinded:
Provided further, That using $2,952,000 of the funds provided herein,
the Secretary of the Army acting through the Chief of Engineers shall
continue the Louisiana Coastal Protection and Restoration study at full
Federal expense: Provided further, That using $1,968,000 of the funds
provided
[[Page 121 STAT. 1938]]
herein, the Secretary of the Army acting through the Chief of Engineers
shall continue the Coastal Mississippi Hurricane and Storm Damage
Reduction study at full Federal expense: Provided further, That funds in
the amount of $461,000 are provided to continue environmental studies
for the Pine Mountain Dam, Arkansas, project: Provided further, That
cost sharing of preconstruction engineering and design shall be as
previously applied to this activity.
Construction
(including rescissions of funds)
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law, including a portion
of the expenses for the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and
specifications, shall not constitute a commitment of the Government to
construction); $2,294,029,000, to remain available until expended; of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such sums as are
necessary pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, to cover one-half of the costs of construction and
rehabilitation of inland waterways projects (including the
rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; Lock
and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River,
Illinois and Missouri; Lock 27, Mississippi River, Illinois; Markland
Locks and Dam, Kentucky and Indiana; Emsworth Locks and Dam, Ohio River,
Pennsylvania; and Lock and Dam 3, Mississippi River, Minnesota) shall be
derived from the Inland Waterways Trust Fund; and of which $7,380,000
shall be exclusively for projects and activities authorized under
section 107 of the River and Harbor Act of 1960; and of which $4,796,000
shall be exclusively for projects and activities authorized under
section 111 of the River and Harbor Act of 1968; and of which $4,428,000
shall be exclusively for projects and activities authorized under
section 103 of the River and Harbor Act of 1962; and of which
$42,312,000 shall be exclusively for projects and activities authorized
under section 205 of the Flood Control Act of 1948; and of which
$9,840,000 shall be exclusively for projects and activities authorized
under section 14 of the Flood Control Act of 1946; and of which $0 shall
be exclusively for projects and activities authorized under section 208
of the Flood Control Act of 1954; and of which $29,520,000 shall be
exclusively for projects and activities authorized under section 1135 of
the Water Resources Development Act of 1986; and of which $29,520,000
shall be exclusively for projects and activities authorized under
section 206 of the Water Resources Development Act of 1996; and of which
$5,292,000 shall be exclusively for projects and activities authorized
under sections 204 and 207 of the Water Resources Development Act of
1992 and section 933 of the Water Resources Development
[[Page 121 STAT. 1939]]
Act of 1986: Provided, That the Chief of Engineers is directed to use
$12,792,000 of the funds appropriated herein for the Dallas Floodway
Extension, Texas, project, including the Cadillac Heights feature,
generally in accordance with the Chief of Engineers report dated
December 7, 1999: Provided further, That the Chief of Engineers is
directed to use $1,968,000 of the funds provided herein for the Hawaii
Water Management Project: Provided further, That the Chief of Engineers
is directed to use $5,166,000 of the funds appropriated herein for
planning, engineering, design or construction of the Grundy, Buchanan
County, and Dickenson County, Virginia, elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River Project:
Provided further, That the Chief of Engineers is directed to use
$18,204,000 of the funds appropriated herein to continue planning,
engineering, design or construction of the Lower Mingo County, Upper
Mingo County, Wayne County, McDowell County, West Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $4,920,000 of the
funds appropriated herein for the Clover Fork, City of Cumberland, Town
of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries),
Bell County, Harlan County in accordance with the Draft Detailed Project
Report dated January 2002, Floyd County, Martin County, Johnson County,
and Knox County, Kentucky, detailed project report, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River:
Provided further, That the Secretary of the Army is directed to use any
remaining available funds from funds appropriated in Public Law 103-126
(107 Stat. 1315) for carrying out engineering and design for the
relocation of the comfort and lifeguard stations on the Atlantic Coast
of New York City from Rockaway Inlet to Norton Point, New York, project
for construction of other features of the project: Provided further,
That the Secretary of the Army is directed to use any remaining
available funds from the funds appropriated in Public Law 107-66 (115
Stat. 488) for increasing the authorized level of protection for the
Bois Brule Drainage and Levee District, Missouri, project, to continue
design deficiency repairs on the project: Provided further, That the
Chief of Engineers is directed to use $2,952,000 of the funds provided
herein to initiate planning and design of a rural health care facility
on the Fort Berthold Reservation of the Three Affiliated Tribes, North
Dakota: Provided further, That $1,476,000 of the funds provided herein
shall be available to continue detailed design including plans and
specifications, execute a PCA and initiate construction of Phases I and
II for the Greenbrier River Basin, Marlinton, West Virginia, project:
Provided further, That the Secretary of the Army shall use up to
$5,904,000 including the prior unobligated balance of $4,972,000 from
the Devils Lake Outlet, North Dakota, project for the North Dakota
environmental infrastructure project: Provided further, That the
Secretary of the Army shall use the prior year unobligated balance of
$1,500,000 from the Waterbury Dam repairs project for the Lake Champlain
Watershed project: Provided further, That of the funds provided under
this heading the following amounts are rescinded: from Public Law 101-
101, $435,000; from Public Law 102-377, $1,740,000; from Public Law 103-
126, $797,000; and from Public Law 105-245, $1,716,000.
[[Page 121 STAT. 1940]]
Mississippi River and Tributaries
For expenses necessary for the flood damage reduction program for
the Mississippi River alluvial valley below Cape Girardeau, Missouri, as
authorized by law, $387,402,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of operation
and maintenance costs for inland harbors shall be derived from the
Harbor Maintenance Trust Fund: Provided, That the Chief of Engineers is
directed to use $9,840,000 of the funds provided herein for design and
real estate activities and pump supply elements for the Yazoo Basin,
Yazoo Backwater Pumping Plant, Mississippi: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers is directed
to use $9,840,000 appropriated herein for construction of water
withdrawal features of the Grand Prairie, Arkansas, project.
Operation and Maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law, for
providing security for infrastructure owned and operated by, or on
behalf of, the United States Army Corps of Engineers (the ``Corps''),
including administrative buildings and facilities, and laboratories, and
the Washington Aqueduct; for the maintenance of harbor channels provided
by a State, municipality, or other public agency that serve essential
navigation needs of general commerce, where authorized by law; and for
surveys and charting of northern and northwestern lakes and connecting
waters, clearing and straightening channels, and removal of obstructions
to navigation, $2,243,637,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of operation
and maintenance costs for coastal harbors and channels, and inland
harbors shall be derived from the Harbor Maintenance Trust Fund,
pursuant to Public Law 99-662 may be derived from that fund; of which
such sums as become available from the special account for the Corps
established by the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l-6a(i)), may be derived from that account for resource
protection, research, interpretation, and maintenance activities related
to resource protection in the areas at which outdoor recreation is
available; and of which such sums as become available under section 217
of the Water Resources Development Act of 1996, Public Law 104-303,
shall be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which fees have been collected:
Provided, That utilizing funds appropriated herein, for the Intracoastal
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, the
Chief of Engineers, is directed to reimburse the State of Delaware for
normal operation and maintenance costs incurred by the State of Delaware
for the SR1 Bridge from station 58+00 to station 293+00 between October
1, 2007, and September 30, 2008: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed to use up
to $350,000 of the funds appropriated herein to reimburse the City of
Glen Cove, New York, for costs associated with the maintenance dredging
of Glen Cove Creek incurred prior to enactment of this Act.
[[Page 121 STAT. 1941]]
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $180,000,000, to remain
available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $140,000,000, to remain available until
expended.
Expenses
For expenses necessary for general administration and related civil
works functions in the headquarters of the United States Army Corps of
Engineers, the offices of the Division Engineers, the Humphreys Engineer
Center Support Activity, the Institute for Water Resources, the United
States Army Engineer Research and Development Center, and the United
States Army Corps of Engineers Finance Center, $175,046,000, to remain
available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to fund
the civil works activities of the Office of the Chief of Engineers or
the civil works executive direction and management activities of the
division offices.
Office of Assistant Secretary of the Army (Civil Works)
For the Office of the Assistant Secretary of the Army (Civil Works)
as authorized by 10 U.S.C. 3016(b)(3), $4,500,000 is provided.
Administrative Provision
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers, shall be
available for purchase (not to exceed 100 for replacement only) and hire
of passenger motor vehicles.
GENERAL PROVISIONS, Corps of Engineers--Civil
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2008, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
by either the House or the Senate Committees on Appropriations
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
[[Page 121 STAT. 1942]]
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000; Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments; Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, <<NOTE: Notification.>> That
the Chief of Engineers must notify the House and Senate
Committees on Appropriations of these emergency actions as soon
thereafter as practicable: Provided further, That for a base
level over $1,000,000, reprogramming of 15 percent of the base
amount up to a limit of $5,000,000 per project, study or
activity is allowed: Provided further, That for a base level
less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations, Construction,
and Operation and Maintenance portions of the Mississippi River
and Tributaries Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(c) <<NOTE: Deadline. Reports.>> Not later than 60 days after the
date of enactment of this Act, the Corps of the Engineers shall submit a
report to the House and Senate Committees on Appropriations to establish
the baseline for application of reprogramming and transfer authorities
for the current fiscal year: Provided, That the report shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
[[Page 121 STAT. 1943]]
(3) An identification of items of special congressional
interest: Provided further, That the amount appropriated for
salaries and expenses of the Corps of Engineers shall be reduced
by $100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
Sec. 102. None of the funds made available in this title may be used
to award any continuing contract or make modifications to any existing
continuing contract that commits an amount for a project in excess of
the amounts appropriated for that project that remain unobligated,
except that such amounts may include any funds that have been made
available through reprogramming to that project pursuant to section 101
of this Act.
Sec. 103. None of the funds in this Act, or previous Acts, making
funds available for Energy and Water Development, shall be used to
implement any pending or future competitive sourcing actions under OMB
Circular A-76 or High Performing Organizations for the U.S. Army Corps
of Engineers.
Sec. 104. None of the funds appropriated in this or any other Act
shall be used to demonstrate or implement any plans divesting or
transferring any Civil Works missions, functions, or responsibilities of
the United States Army Corps of Engineers to other government agencies
without specific direction in a subsequent Act of Congress.
Sec. 105. <<NOTE: Deadline. Reports.>> Within 90 days of the date of
the Chief of Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report to the
appropriate authorizing and appropriating committees of the Congress.
Sec. 106. Water Reallocation, Lake Cumberland, Kentucky. (a) In
General.--Subject to subsection (b), none of the funds made available by
this Act may be used to carry out any water reallocation project or
component under the Wolf Creek Project, Lake Cumberland, Kentucky,
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
(b) Existing Reallocations.--Subsection (a) shall not apply to any
water reallocation for Lake Cumberland, Kentucky, that is carried out
subject to an agreement or payment schedule in effect on the date of
enactment of this Act.
Sec. 107. Using amounts available in the Revolving Fund, the
Secretary of the Army is authorized to construct a new Environmental
Laboratory and improvements to the Information Technology Laboratory at
the Engineer Research and Development Center in Vicksburg, Mississippi:
Provided, That the Secretary shall ensure that the Revolving Fund is
appropriately reimbursed from appropriations of the Corps' benefiting
programs by collection each year of amounts sufficient to repay the
capitalized cost of such construction and improvements.
Sec. 108. Notwithstanding section 729 of the Water Resources
Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary
shall credit toward the non-Federal share of the cost of the Rio Grande
Basin Watershed Study, New Mexico, Colorado and Texas, the cost of in-
kind services contributed by the New Mexico Interstate Stream Commission
for the Study up to the full amount of the required non-Federal share,
in accordance with the Agreement between the Commission and the
Department of the Army dated December 3, 2001, as modified on January
14, 2002.
[[Page 121 STAT. 1944]]
Sec. 109. Section 121 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is amended
by striking subsection (a) and inserting the following:
``(a) The Secretary of the Army may carry out and fund planning
studies, watershed surveys and assessments, or technical studies at 100
percent Federal expense to accomplish the purposes of the 2003
Biological Opinion described in section 205(b) of the Energy and Water
Development Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
2949) as amended by subsection (b) and the collaborative program long-
term plan. In carrying out a study, survey, or assessment under this
subsection, the Secretary of the Army shall consult with Federal, State,
tribal and local governmental entities, as well as entities
participating in the Middle Rio Grande Endangered Species Collaborative
Program referred to in section 205 of this Act: Provided, That the
Secretary of the Army may also provide planning and administrative
assistance to the Middle Rio Grande Endangered Species Collaborative
Program, which shall not be subject to cost sharing requirements with
non-Federal interests.''.
Sec. 110. The Secretary of the Army, acting through the Chief of
Engineers, is directed to convey at no cost, lands to Tate County School
District, Tate County, Mississippi, the transfer of any real property
interests, not to exceed 50 acres, at Arkabutla Lake deemed available by
the Army that is located adjacent to school district property in the
vicinity of State Highway 306 west of Coldwater, Mississippi. Such
transfer shall be subject to the reservation of any required flowage
easements for the operation of Arkabutla Lake and which preclude
structures for human habitation. This property shall be used by the Tate
County School District for public educational purposes.
Sec. 111. Section 594 of the Water Resources Development Act of
1999 <<NOTE: 113 Stat. 381.>> is amended by striking ``sec. 594. ohio.''
and inserting in lieu thereof ``sec. 594. ohio and north dakota.'' and
in (a) strike ``Ohio.'' and insert in lieu thereof ``Ohio and North
Dakota.'' and in (b) strike ``Ohio,'' and insert in lieu thereof ``Ohio
and North Dakota,'' and in (h) strike ``$240,000,000.'' and insert in
lieu thereof ``$240,000,000 for Ohio and $100,000,000 for North
Dakota.''.
Sec. 112. The Secretary of the Army, acting through the Chief of
Engineers, is directed and authorized to conduct preconstruction
engineering and design activities at full Federal expense for the Kahuku
Storm Damage Reduction Project, Oahu, Hawaii, which includes interior
drainage and related improvements to be constructed on lands that may
include Federal land, the cost of the preconstruction, engineering, and
design activities shall be included in total project costs to be cost
shared at the rate of 65 percent Federal and 35 percent non-Federal, as
a part of construction and the Decision Document contents shall be
limited to a design analysis and supporting NEPA documentation for
drainage improvements.
Sec. 113. <<NOTE: 33 USC 426h.>> Section 227 of Public Law 104-303
is amended in section 5(a) by striking ``7'' and inserting ``12'' in
lieu thereof.
Sec. 114. <<NOTE: 10 USC 3036 note.>> 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
[[Page 121 STAT. 1945]]
justifications submitted to Congress but shall be submitted separately
from the budget justifications documents.
Sec. 115. The Secretary of the Army acting through the Chief of
Engineers is directed to plan, design, and construct a rural health care
facility on the Fort Berthold Indian Reservation of the Three Affiliated
Tribes, North Dakota, at an estimated Federal cost of $20,000,000. The
Secretary shall transfer this facility to the Secretary of the Interior
for operation and maintenance upon the completion of construction.
Sec. 116. The last sentence of section 215(a) of the Flood Control
Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by striking
``$5,000,000'' and inserting ``$7,000,000''.
Sec. 117. Johnson Creek, Arlington, Texas. (a) In General.--The
project for flood damage reduction, environmental restoration and
recreation, Johnson Creek, Arlington, Texas, authorized by section
101(b)(14) of the Water Resources Development Act of 1999 (113 Stat.
280-281) is modified to authorize the Secretary to construct the project
substantially in accordance with the report entitled Johnson Creek: A
Vision of Conservation, dated March 30, 2006, at a total cost of
$80,000,000, with an estimated Federal cost of $52,000,000 and an
estimated non-Federal cost of $28,000,000 if the Secretary determines
that the project is technically sound and environmentally acceptable.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of the
project may be provided in cash or in the form of in-kind
services or materials.
(2) Credit and reimbursement.--The Secretary shall credit
toward the non-Federal share of the cost of the project the cost
of planning, design, and construction work carried out by the
non-Federal interest for implementation of the project, if the
Secretary determines that the work is integral to the project.
Subject to the availability of funds, the non- Federal interest
shall be reimbursed for costs incurred by the non-Federal
interest that exceed the non-Federal share of project costs.
(c) Conforming Amendment.--Section 134 of the Energy and Water
Development Appropriations Act, 2006 (119 Stat. 2264) and section 5143
of the Water Resources Development Act of 2007, (Public Law 110-
114) <<NOTE: Ante, p. 1254.>> are repealed.
Sec. 118. The Secretary is authorized and directed to reimburse
local governments for expenses they have incurred in storm-proofing
pumping stations, constructing safe houses for operators, and other
interim flood control measures in and around the New Orleans
metropolitan area, provided the Secretary determines those elements of
work and related expenses to be integral to the overall plan to ensure
operability of the stations during hurricanes, storms and high water
events and the flood control plan for the area.
Sec. 119. Section 219(f) of the Water Resources Development Act of
1992 (Public Law 102-580, 106 Stat. 4835 et seq.), as amended, is
further amended by striking subsection ``(71) Coronado, California'', in
its entirety and inserting the following:
``(71) Coronado, california.
``(A) $10,000,000 is authorized for wastewater
infrastructure, Coronado, California.
``(B) The Federal Share may be in the form of grants
or reimbursements of project costs incurred by the non-
[[Page 121 STAT. 1946]]
Federal sponsor for work performed by the non-Federal
sponsor before or after the execution of a project
cooperation agreement, if the Secretary determines that
such work is integral to the project.
``(C) The Secretary is authorized to credit towards
the non-Federal share of project costs the costs
incurred by the non-Federal sponsor for work performed
by the non-Federal sponsor before or after the execution
of a project cooperation agreement, if the Secretary
determines that such work is integral to the project.''
Sec. 120. Navajo Reservation, Arizona, New Mexico, and Utah.--
Section 520(b) of the Water Resources Development Act of 1999 (Public
Law 106-53; 113 Stat. 345) is amended by inserting after the second
sentence ``The local match for the funds appropriated for flood plain
delineation on the Navajo reservation in Arizona, New Mexico, and Utah
may be provided as in-kind services.''.
Sec. 121. <<NOTE: 16 USC 460-3a.>> The Secretary of the Army may,
under such terms and conditions as the Secretary deems appropriate,
contract with any public or private entity to provide visitor
reservation services. Any such contract in effect on or after October 1,
2004, may provide that the contractor shall be permitted to deduct a
commission to be fixed by the Secretary from the amount charged the
public for providing such services and to remit the net proceeds
therefrom to the contracting agency.
Sec. 122. The project for flood control, Redwood River, Marshall,
Minnesota, authorized by section 401(a) of the Water Resources
Development Act of 1986 and modified by section 4(k) of the Water
Resources Development Act of 1988 is further modified to authorize the
Secretary to construct the project at a total cost of $11,863,000, with
an estimated first Federal cost of $8,722,000 and an estimated first
non-Federal cost of $3,141,000.
Sec. 123. The project for St. John's Bayou and New Madrid Floodway
in the State of Missouri as authorized by subsection (d) of the matter
under the heading ``Lower Mississippi River'' under section 203 of the
Flood Control Act of 1954 (68 Stat. 1258) and section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4118), and as
modified by section 331 of the Water Resources Development Act of 1996
(110 Stat. 3658) as described in the June 2002 Revised Supplemental
Impact Statement, as supplemented by the March 2006 Revised Supplemental
Environmental Impact Statement 2 for this project is economically
justified: Provided, That the levee closure and gravity structure at the
south end of the New Madrid Floodway portion of the Project are part of
the Mississippi River Levee feature of the Mississippi River and
Tributaries Project and are not a separable element of that Project.
Sec. 124. Funds provided in title V, chapter 3 of Public Law 110-28
under the heading ``Construction'' may be used for restoration of shore
protection projects in New Jersey damaged by the same meteorological
events that resulted in Presidential Disaster Declaration FEMA-1694-DR.
Sec. 125. The project for flood control, Cedar Hammock (Wares
Creek), Florida, authorized by section 101(a)(10) of Public Law 104-303
(110 Stat. 3664), is modified to authorize the Secretary to construct
the project at a total cost of $42,600,000.
[[Page 121 STAT. 1947]]
Sec. 126. <<NOTE: 117 Stat. 1845.>> Section 156 of Public Law 108-
137 is amended by inserting ``or reimburse'' after ``non-Federal share
of the cost of the project'' in paragraphs (2) and (3).
Sec. 127. <<NOTE: Applicability.>> Notwithstanding any other
provision of law, the requirements regarding the use of continuing
contracts under the authority of section 206 of the Water Resources
Development Act of 1999 (33 U.S.C. 2331) shall apply only to projects
funded under the Operation and Maintenance account and the Operation and
Maintenance subaccount of the Mississippi River and Tributaries account.
Sec. 128. Section 3020 of the Water Resources Development Act of
2007, Public Law 110-114, <<NOTE: Ante, p. 1110.>> is amended by
inserting ``or after'' following the word ``before''.
Sec. 129. Notwithstanding provisions of 42 U.S.C. 2011 et seq. and
42 U.S.C. 7901 et seq. the U.S. Army Corps of Engineers shall have the
authority to arrange disposal of waste materials from the Maywood, New
Jersey, Formerly Utilized Sites Remedial Action Program (FUSRAP) site at
off-site facilities permitted to accept such waste materials under
subtitle C of the Resource Conservation and Recovery Act (42 U.S.C. 6921
et seq.). FUSRAP waste materials from the Maywood site may be, but shall
not be required to be, disposed at sites licensed under the Atomic
Energy Act (42 U.S.C. 2011 et seq.).
Sec. 130. American and Sacramento Rivers, California. Section
101(a)(1)(B) of the Water Resources Development Act of 1996 (Public Law
104-303: 110 Stat. 3662) is modified to read as follows:
``(B) Credit toward non-federal share.--The non-
Federal interest shall receive credit toward the non-
Federal share of project costs for expenses that the
non-Federal interest incurs for design or construction
of any authorized project feature, including credit for
work commenced before the date of execution of a
cooperation agreement for the affected feature. The
amount of the credit shall be determined by the
Secretary.''.
Sec. 131. White River Navigation to Batesville, Arkansas. The
project for navigation, White River Navigation to Batesville, Arkansas,
as authorized in Public Law 99-662 is amended to extend the project from
mile 255, near Newport, Arkansas, to approximately mile 296, near
Batesville, Arkansas; to include a harbor at Batesville, Arkansas; and
environmental restoration within the White River Basin including
federally owned lands.
Sec. 132. Landfills Used for Certain Waste. (a) In General.--The
funding prohibition set forth in section 103 of the Energy and Water
Development Appropriations Act, 2006 shall not apply to the construction
or expansion of any landfill in the Muskingum River watershed if--
(1) the landfill is used solely for the disposal of--
(A) wastes generated from the combustion or
gasification of coal,
(B) wastes consisting of byproducts from pollution
control technology installed to comply with the Clean
Air Act, or
(C) both of such types of wastes.
(2) the landfill is owned by the waste generator or any
affiliated person, and
[[Page 121 STAT. 1948]]
(3) the facility at which the wastes are generated is
located in the same watershed as the landfill.
(b) Definitions.--For purposes of this section:
(1) The term ``affiliated person'' means any person who,
directly or indirectly, owns or controls the waste generator, is
owned or controlled by the waste generator, or is under common
ownership or control with the waste generator.
(2) The term ``Muskingum River watershed'' shall mean the
area within the watershed of the Muskingum River, as delineated
by the Secretary of the Army, acting through the Chief of
Engineers.
Sec. 133. Conveyance <<NOTE: Deadline.>> to Story County, Iowa. Not
later than 180 days after the date of enactment of this Act, the Chief
of the Army Corps of Engineers shall convey to Story County, Iowa,
without consideration, all rights, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 197 acres originally proposed for
the Skunk River Reservoir, located between Ames, Iowa, and Story City,
Iowa.
Sec. 134. <<NOTE: Deadline.>> None of the funds provided herein may
be used to implement any new water control manuals for the Apalachicola-
Chattahootchee-Flint and Alabama-Coosa-Tallapoosa river systems:
Provided, That in updating the water control manuals the Secretary of
the Army, acting through the Chief of Engineers is directed to provide
the following information by September 30, 2008:
(1) an estimate of the amount of withdrawals from each
respective river basin for entities withdrawing one million
gallons per day or more over the preceding 60 months;
(2) a flow data set for the respective river basin updated
through the most recently completed calendar year; and
(3) an estimated projection of total water usage in the
respective basins over the next 25 years.
Sec. 135. Title II, chapter 3 of Public Law 109-234 under the
heading ``Construction'' <<NOTE: 120 Stat. 454.>> is modified by
striking ``construction: Provided,'' and inserting in lieu thereof ``:
Provided, That the Secretary of the Army, in implementing projects and
measures in the New Orleans metropolitan area required to achieve
certification for participation in the National Flood Insurance Program
as directed in Public Law 109-234 shall include all authorized features
of the Southeast Louisiana Flood Control project and related internal
pumping requirements as integral elements of the comprehensive
protection system for the area and shall complete all authorized work
for the Southeast Louisiana project concurrently and integrally with
other area projects: Provided further,''.
Sec. 136. Utilizing funds appropriated under Alaska Coastal Erosion
or other available funds, the Secretary of the Army, acting through the
Chief of Engineers, is directed to prepare a preliminary action plan for
any community that requests assistance pursuant to section 117, as
contained in title I, division C of Public Law 108-447: Provided,
That <<NOTE: Deadlines.>> the preliminary action plan pursuant to this
authority shall be presented to the Assistant Secretary of the Army
(Civil Works) and the Alaska Congressional Delegation not later than 90
days after the initial request from the community: Provided further,
That the preliminary action plan will recommend the most appropriate
course of action (relocation or erosion stabilization), including a
preliminary cost estimate and, at a minimum, the first year funding
requirements: Provided <<NOTE: Notification.>> further, That if the
[[Page 121 STAT. 1949]]
Alaska District is unable to comply with this reporting requirement, the
District shall provide written notification to the Assistant Secretary
of the Army (Civil Works) and the Alaska Congressional Delegation within
30 days of the community assistance request explaining why they are
unable to comply.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
Central Utah Project Completion Account
For carrying out activities authorized by the Central Utah Project
Completion Act, $41,380,000, to remain available until expended, of
which $976,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out related
responsibilities of the Secretary of the Interior, $1,620,000, to remain
available until expended.
For fiscal year 2008, the Commission may use an amount not to exceed
$1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
Water and Related Resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $949,882,000, to remain available until expended, of which
$60,258,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $26,787,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund; of which not
more than $500,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further,
[[Page 121 STAT. 1950]]
That funds available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis: Provided further, That funds
provided for the Friant-Kern and Madera Canals improvements may be
expended on a non-reimbursable basis: Provided further, That $2,952,000
of the funds appropriated under this heading shall be deposited in the
San Gabriel Basin Restoration Fund established by section 110 of title I
of appendix D of Public Law 106-554.
Central Valley Project Restoration Fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $59,122,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102-575: Provided further, That none of
the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is
already committed to in-stream purposes by a court adopted decree or
order.
California Bay-Delta Restoration
(including transfer of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $40,098,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to the
approval of the Secretary of the Interior: Provided further, That CALFED
implementation shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in achieving the
goals and objectives of the Program.
Policy and Administration
(including transfer of funds)
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $58,811,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses: Provided further, That, of
[[Page 121 STAT. 1951]]
the funds provided under this heading, $10,000,000 shall be transferred
to ``Water and Related Resources'' upon the expiration of the 60-day
period following the date of enactment of this Act if, during such
period, the Secretary of the Interior has not submitted to the
Committees on Appropriations of the House of Representatives and the
Senate the Bureau of Reclamation's five-year budget plan.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, which are for
replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the Administrator of the
Environmental Protection Agency, to minimize any detrimental effect of
the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 202. <<NOTE: New Mexico.>> None of the funds appropriated or
otherwise made available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water in the
Middle Rio Grande or the Carlsbad Projects in New Mexico unless said
purchase or lease is in compliance with the purchase requirements of
section 202 of Public Law 106-60.
Sec. 203. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation.
Sec. 204. <<NOTE: Grants. Contracts.>> 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,
[[Page 121 STAT. 1952]]
such funds may be provided in advance on a non-reimbursable basis to an
entity operating affected transferred works or may be deemed non-
reimbursable for non-transferred works: Provided further, That the
calculation of the non-Federal contribution shall provide for
consideration of the value of any in-kind contributions, but shall not
include funds received from other Federal agencies: Provided further,
That the cost of operating and maintaining such improvements shall be
the responsibility of the non-Federal entity: Provided further, That
this section shall not supercede any existing project-specific funding
authority: Provided further, That the Secretary is also authorized to
enter into grants or cooperative agreements with universities or non-
profit research institutions to fund water use efficiency research.
Sec. 205. (a) Section 209 of the Energy and Water Development
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is
repealed.
(b) The <<NOTE: Establishment.>> Secretary of the Interior (referred
to in this section as the ``Secretary'') shall establish an Executive
Committee of the Middle Rio Grande Endangered Species Collaborative
Program (referred to in this section as the ``Executive Committee'')
consistent with the bylaws of the Middle Rio Grande Endangered Species
Collaborative Program adopted on October 2, 2006.
(c) In compliance with applicable Federal and State laws, the
Secretary (acting through the Commissioner of Reclamation), in
collaboration with the Executive Committee, may enter into any grants,
contracts, cooperative agreements, interagency agreements, or other
agreements that the Secretary determines to be necessary to comply with
the 2003 Biological Opinion described in section 205(b) of the Energy
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2949) as amended by section 121(b) of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
2256) or in furtherance of the objectives set forth in the collaborative
program long-term plan.
(d)(1) The acquisition of water under subsection (c) and any
administrative costs associated with carrying out subsection (c) shall
be at full Federal expense.
(2) Not more than 15 percent of amounts appropriated to carry out
subsection (c) shall be made available for the payment of administrative
expenses associated with carrying out that subsection.
(e)(1) The non-Federal share of activities carried out under
subsection (c) (other than an activity or a cost described in subsection
(d)(1)) shall be 25 percent. The non-Federal cost share shall be
determined on a programmatic, rather than a project-by-project basis.
(2) The non-Federal share required under paragraph (1) may be in the
form of in-kind contributions, the value of which shall be determined by
the Secretary in consultation with the executive committee.
(f) Nothing in this section modifies or expands the discretion of
the Secretary with respect to operating reservoir facilities under the
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
Sec. 206. In furtherance of section 529 of Public Law 106-541, the
Secretary of the Interior shall continue to participate in
implementation of the Project at Las Vegas Wash and Lake Mead in
accordance with the Plan, and may provide grants to
[[Page 121 STAT. 1953]]
the Southern Nevada Water Authority to carry out the implementation of
the Project at Las Vegas Wash and Lake Mead in accordance with the Plan:
Provided, That issuance of any such grants shall not modify the cost
sharing requirements provided in section 529(b) of Public Law 106-541.
Sec. 207. <<NOTE: Grants. Nevada. California.>> In carrying out
section 2507 of Public Law 107-171, the Secretary of the Interior,
acting through the Commissioner of Reclamation, shall use $2,000,000 to
provide grants, to be divided equally, to the State of Nevada and the
State of California to implement the Truckee River Settlement Act,
Public Law 101-618.
Sec. 208. <<NOTE: Nevada. Native Americans. Fish and fishing.>> (a)
Notwithstanding any other provision of law, of amounts made available
under section 2507 of the Farm Security and Rural Investment Act of 2002
(43 U.S.C. 2211 note; Public Law 107-171), the Secretary of the
Interior--
(1) acting through the Commissioner of Reclamation, shall
use--
(A) subject to subsection (b), $3,000,000 for
activities necessary to convey to the State of Nevada
the land known as the ``Carson Lake and Pasture'', as
authorized by section 206(e) of the Truckee-Carson-
Pyramid Lake Water Rights Settlement Act (Public Law
101-618: 104 Stat. 3311);
(B) $10,000,000 for the removal of the Numana Dam
and other obsolete irrigation structures located on the
Pyramid Lake Paiute Reservation for the benefit of the
Pyramid Lake Paiute Tribe because of their status as
Indians;
(C) in consultation with the Corps of Engineers, as
applicable, $5,000,000 to study and prepare plans for
the development and construction of a pipeline to convey
water from Dixie Valley to Churchill County, Nevada;
(D) $10,000,000 for--
(i) design and construction of the Derby Dam
fish screen to allow passage of fish, including
the cui-ui and Lahontan cutthroat trout; and
(ii) any improvements to Derby Dam necessary
to make the fish screen operable;
(E) $6,000,000 for the acquisition of not more than
4 small hydroelectric power plants from the Sierra
Pacific Power Company to improve water allocation and
fish passage in the Truckee River; and
(F) $6,000,000 for Lower Truckee River restoration
projects identified by the cities of Reno and Sparks,
Nevada, and Washoe County, Nevada;
(2) shall allocate $9,000,000 to a nonprofit conservation
organization, acting in consultation with the Truckee Meadows
Water Authority, for--
(A) the acquisition of land surrounding Independence
Lake; and
(B) protection of the native fishery and water
quality of Independence Lake;
(3) shall allocate $1,000,000 to the Summit Lake Paiute
Tribe to plan and complete restoration efforts at the Summit
Lake in Northern Washoe County, Nevada, for the benefit of the
Tribe because of their status as Indians;
(4) shall allocate $3,000,000 to the Newlands Project Water
Rights Fund for a Federal-State-Pyramid Lake Paiute Tribe
program, to be administered by an entity identified by the
[[Page 121 STAT. 1954]]
3 applicable parties, for the retirement of water rights
pursuant to the Truckee-Carson-Pyramid Lake Water Rights
Settlement Act (Public Law 101-618: 104 Stat. 3311);
(5) shall allocate $2,500,000 to the United States Fish and
Wildlife Service to analyze, in cooperation and consultation
with external experts, the impacts of low water flows on
reproduction at the Walker Lake fishery, including an analysis
of methods to prevent permanent effects on the fishery from low
water flows;
(6) shall allocate $4,000,000 to the State of Nevada to
prepare watershed inventories, with a particular focus on the
Walker and Carson River Basins;
(7) shall allocate $5,000,000 for joint planning and
development activities for water, wastewater, and sewer
facilities by the city of Fernley, Nevada, and the Pyramid Lake
Paiute Tribe;
(8) shall allocate $500,000 for the Walker River Paiute
Tribe for legal and professional services in support of settling
tribal water claims in the Walker River Basin and to Walker
Lake;
(9) shall allocate $1,000,000 to the Walker River Irrigation
District--
(A) to plan and implement a weed control program to
improve conveyance efficiency of water controlled by the
Irrigation District; and
(B) to make improvements to water gauges controlled
by the Irrigation District to enhance the water
monitoring activities of the Irrigation District; and
(10) shall allocate $250,000 to Churchill County, Nevada, to
provide testing of groundwater wells.
(b)(1) The <<NOTE: Deadline.>> Secretary shall achieve compliance
with all applicable Federal laws (including regulations) relating to the
conveyance of the Carson Lake and Pasture to the State of Nevada as
described in subsection (a)(1)(A) by not later than June 30, 2010.
(2) Any amounts made available to carry out the conveyance described
in subsection (a)(1)(A) but not expended for that purpose shall be made
available to the State of Nevada to supplement funds provided under
section 217(a)(1) of the Energy and Water Development Appropriations
Act, 2004 (Public Law 108-137; 117 Stat. 1852), to purchase water rights
from willing sellers and to make necessary improvements to benefit the
Carson Lake and Pasture.
Sec. 209. Section 10(a) of the Mni Wiconi Project Act of 1988
(Public Law 100-516; 102 Stat. 2571; 116 Stat. 3033) is amended in the
second sentence by striking ``2008'' and inserting ``2013''.
Sec. 210. Inland Empire and Cucamonga Valley Recycling Projects. The
Reclamation Wastewater and Groundwater Study and Facilities Act (Public
Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at
the end the following:
``SEC. 16__. <<NOTE: 43 USC 390h-21.>> 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).
[[Page 121 STAT. 1955]]
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be used
for operation and maintenance of the project described in subsection
(a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $20,000,000.
``SEC. 16__. <<NOTE: California. 43 USC 390h-22.>> CUCAMONGA VALLEY
WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the Cucamonga
Valley Water District, may participate in the design, planning, and
construction of the Cucamonga Valley Water District satellite recycling
plants in Rancho Cucamonga, California, to reclaim and recycle
approximately 2 million gallons per day of domestic wastewater.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the capital
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be used
for operation and maintenance of the project described in subsection
(a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000.
``(e) Sunset of Authority.--The authority of the Secretary to carry
out any provisions of this section shall terminate 10 years after the
date of the enactment of this section.''.
(c) Conforming Amendments.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the last item the
following:
``16__. Inland Empire Regional Water Recycling Program.
``16__. Cucamonga Valley Water Recycling Project.''.
Sec. 211. <<NOTE: North Dakota. Reports.>> 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, <<NOTE: Deadline.>> That the Secretary shall
not move forward with the proposed action until 60 days after the report
is submitted to the Committee Chairmen.
Sec. 212. Section 3507(b) of Public Law 102-575 <<NOTE: 106 Stat.
4733.>> (106 Stat. 4600) is amended by striking ``$4,660,000'' and
inserting ``$12,660,000''.
Sec. 213. Authority to Extend Water Contract. The Secretary of the
Interior may extend the water contract 14-06-600-3593, as amended,
between the United States and the East Bench Irrigation District for
water services, until the earlier of--
(1) the expiration of the 2-year period beginning on the
date on which the contract would expire but for this section; or
(2) the date on which a new long-term water contract is
executed by the parties to the contract listed in subsection
(b).
Sec. 214. Southern California Desert Region Integrated Water and
Economic Sustainability Plan. (a) In General.--
[[Page 121 STAT. 1956]]
The Reclamation Wastewater and Groundwater Study and Facilities Act
(Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by
adding at the end the following new section:
``SEC. 16__. <<NOTE: 43 USC 390h-23.>> SOUTHERN CALIFORNIA DESERT REGION
INTEGRATED WATER AND ECONOMIC SUSTAINABILITY PLAN.
``(a) Authorization.--The Secretary, in cooperation with the Mojave
Water Agency is authorized to participate in the design, planning, and
construction of projects to implement the `Mojave Water Agency's
Integrated Regional Water Management Plan'.
``(b) Cost Share.--The Federal share of the costs of the projects
authorized by this section shall not exceed 25 percent of the total
cost.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $20,000,000.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the last item relating
to title XVI the following:
``16__. Southern California desert region integrated water and economic
sustainability plan.''.
(c) Limitation.--The <<NOTE: 43 USC 390h-23 note.>> Secretary shall
not provide funds for the operation or maintenance of a project
authorized by this section.
(d) Credits Toward Non-Federal Share.--For purposes of subsection
(b) the Secretary shall credit the Mojave Water Agency with the value of
all expenditures made prior to the date of the enactment of this Act
that are used toward completion of projects that are compatible with
this section.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,739,541,000, to remain
available until expended: Provided, That the Secretary is directed to
make fiscal year 2008 weatherization funding available from October 1,
2007, through March 31, 2009, for States that submit plans requesting
allocations for all or part of this period: Provided further, That the
funds provided for Federal technical assistance and training are
intended to be used exclusively to support the effective delivery of
weatherization services as set forth in statute and applicable
regulations: Provided further, That any change in program implementation
should be proposed to Congress in the Department's budget submission and
not implemented before congressional approval is obtained.
[[Page 121 STAT. 1957]]
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $140,000,000, to
remain available until expended.
Nuclear Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 20 passenger motor vehicles
for replacement only, including one ambulance, $970,525,000, to remain
available until expended: Provided, That $233,849,000 is authorized to
be appropriated for Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication
Facility, Savannah River Site, South Carolina: Provided further, That
the Department of Energy adhere strictly to Department of Energy Order
413.3A for Project 99-D-143.
Legacy Management
For Department of Energy expenses for Legacy Management activities,
$34,183,000, to remain available until expended.
Clean Coal Technology
(including deferral and transfer of funds)
Of the funds made available under this heading for obligation in
prior years, $149,000,000 shall not be available until October 1, 2008:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected:
Provided further, That $166,000,000 of uncommitted balances are
transferred to Fossil Energy Research and Development to be used until
expended.
Fossil Energy Research and Development
(including transfer of funds)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for the hire of passenger motor vehicles, the hire,
maintenance, and operation of aircraft, the purchase, repair,
[[Page 121 STAT. 1958]]
and cleaning of uniforms, the reimbursement to the General Services
Administration for security guard services, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $750,000,000, to remain available until expended, of which
$166,000,000 shall be derived by transfer from ``Clean Coal
Technology'': Provided further, That funds appropriated for prior
solicitations under the Clean Coal Technology Program, Power Plant
Improvement Initiative, and Clean Coal Power Initiative, but not
required by the Department to meet its obligations on projects selected
under such solicitations, may be utilized for the Clean Coal Power
Initiative Round III solicitation under this Act in accordance with the
requirements of this Act rather than the Acts under which the funds were
appropriated: Provided further, That no project may be selected for
which full funding is not available to provide for the total project:
Provided further, That financial assistance for costs in excess of those
estimated as of the date of award of original Clean Coal Power
Initiative financial assistance may not be provided in excess of the
proportion of costs borne by the Government in the original agreement
and shall be limited to 25 percent of the original financial assistance:
Provided further, That at least 50 percent cost-sharing shall be
required in each budget period of a project: Provided further, That in
accordance with section 988(e) of Public Law 109-58, repayment of the
DOE contribution to a project shall not be a condition of making an
award under this solicitation: Provided further, That no part of the sum
herein made available shall be used for the field testing of nuclear
explosives in the recovery of oil and gas: Provided further, That in
this <<NOTE: 42 USC 7269c.>> Act and future Acts, up to 4 percent of
program direction funds available to the National Energy Technology
Laboratory may be used to support Department of Energy activities not
included in this Fossil Energy account: Provided further, That in this
Act and future Acts, the salaries for Federal employees performing
research and development activities at the National Energy Technology
Laboratory can continue to be funded from any appropriate DOE program
accounts: Provided further, That revenues and other moneys received by
or for the account of the Department of Energy or otherwise generated by
sale of products in connection with projects of the Department
appropriated under the Fossil Energy Research and Development account
may be retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation, costs, and
payments to cost-sharing entities as provided in appropriate cost-
sharing contracts or agreements.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$20,472,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.
[[Page 121 STAT. 1959]]
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), including the hire of passenger motor vehicles, the hire,
maintenance, and operation of aircraft, the purchase, repair, and
cleaning of uniforms, and the reimbursement to the General Services
Administration for security guard services, $188,472,000, to remain
available until expended, of which $25,000,000 shall be provided to
carry out new site land acquisition activities consistent with the
budget request.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $12,448,000, to remain available until
expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $96,337,000, to remain available until
expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed three
passenger motor vehicles for replacement only, $183,937,000, to remain
available until expended: Provided, That $13,000,000 is appropriated for
environmental remediation activities associated with the Energy
Technology and Engineering Center (ETEC) at the Santa Susana Field
Laboratory (SSFL), subject to the following: (1) the Department shall
use a portion of this funding to enter into an interagency agreement
with the Environmental Protection Agency to conduct a joint
comprehensive radioactive site characterization of Area IV of the SSFL;
(2) the Department shall ensure that all aspects of the cleanup of
radioactive contamination at Area IV of the SSFL comply fully with the
Comprehensive Environmental Response, Compensation and Liability Act, if
applicable; and (3) the Department shall retain Federal control of ETEC
and it shall not be released for other use until such time as the
Department has complied with actions directed in paragraphs (1) and (2).
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954,
[[Page 121 STAT. 1960]]
as amended, and title X, subtitle A, of the Energy Policy Act of 1992,
$627,876,000, to be derived from the Fund, to remain available until
expended, of which $20,000,000 shall be available in accordance with
title X, subtitle A, of the Energy Policy Act of 1992.
Science
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 30 passenger motor vehicles for
replacement only, $4,055,483,000, to remain available until expended:
Provided, That of the funds made available in section 130 of division H
(Miscellaneous Appropriations and Offsets) of the Consolidated
Appropriations Act, 2004, Public Law 108-199, as amended by section 315
of Public Law 109-103, for the Coralville, Iowa, project, $44,569,000 is
rescinded.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended (the
``Act''), including the acquisition of real property or facility
construction or expansion, $189,000,000, to remain available until
expended, and to be derived from the Nuclear Waste Fund: Provided, That
of the funds made available in this Act for Nuclear Waste Disposal,
$5,000,000 shall be provided to the State of Nevada solely for
expenditures, other than salaries and expenses of State employees, to
conduct scientific oversight responsibilities and participate in
licensing activities pursuant to the Act: Provided further, That
notwithstanding the lack of a written agreement with the State of Nevada
under section 117(c) of the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended, not less than $1,000,000 shall be provided to Nye
County, Nevada, for on-site oversight activities under section 117(d) of
that Act: Provided further, That $9,000,000 shall be provided to
affected units of local government, as defined in the Act, to conduct
appropriate activities and participate in licensing activities: Provided
further, That of <<NOTE: California. Nevada.>> the $9,000,000 provided,
7.5 percent of the funds provided shall be made available to affected
units of local government in California with the balance made available
to affected units of local government in Nevada for distribution as
determined by the Nevada units of local government. This funding shall
be provided to affected units of local government, as defined in the
Act, to conduct appropriate activities and participate in licensing
activities. <<NOTE: Certification. Deadline. Nevada.>> The Committee
requires the entities to certify that within 90 days of the completion
of each Federal fiscal year, the Nevada Division of Emergency Management
and the Governor of the State of Nevada and each of the affected units
of local government shall provide certification to the Department of
Energy that all funds expended from such payments have been expended for
the activities authorized by the Act and this Act: Provided, That
notwithstanding
[[Page 121 STAT. 1961]]
the provisions of chapters 65 and 75 of title 31, United States Code,
the Department shall have no monitoring, auditing or other oversight
rights or responsibilities over amounts provided to affected units of
local government in this or any previous year: Provided further, That
the funds for the State of Nevada shall be made available solely to the
Nevada Division of Emergency Management by direct payment and to units
of local government by direct payment: Provided further, That
within <<NOTE: Deadline. Certification. Nevada.>> 90 days of the
completion of each Federal fiscal year, the Nevada Division of Emergency
Management and the Governor of the State of Nevada and each of the
affected units of local government shall provide certification to the
Department of Energy that all funds expended from such payments have
been expended for activities authorized by the Act and this Act:
Provided further, That failure to provide such certification shall cause
such entity to be prohibited from any further funding provided for
similar activities: Provided further, That <<NOTE: Lobbying.>> none of
the funds herein appropriated may be: (1) used directly or indirectly to
influence legislative action, except for normal and recognized
executive-legislative communications, on any matter pending before
Congress or a State legislature or for lobbying activity as provided in
18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to support
multi-State efforts or other coalition building activities inconsistent
with the restrictions contained in this Act: Provided further, That all
proceeds and recoveries realized by the Secretary in carrying out
activities authorized by the Act, including but not limited to, any
proceeds from the sale of assets, shall be available without further
appropriation and shall remain available until expended: Provided
further, That no funds provided in this Act or any previous Act may be
used to pursue repayment or collection of funds provided in any fiscal
year to affected units of local government for oversight activities that
had been previously approved by the Department of Energy, or to withhold
payment of any such funds.
Title 17 Innovative Technology Loan Guarantee Loan Program
For the cost of the guaranteed loans as authorized by section
1702(b)(2) of the Energy Policy Act of 2005, such sums as are hereafter
derived from amounts received from borrowers pursuant to section
1702(b)(2) of that Act, to remain available until September 30, 2009:
Provided, That the source of such payment received from borrowers is not
a loan or other debt obligation that is guaranteed by the Federal
Government: Provided further, <<NOTE: Plan. Deadline.>> 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, <<NOTE: Notification.>> 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.
[[Page 121 STAT. 1962]]
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $30,000, $311,596,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are
offset by revenue increases of the same or greater amount, to remain
available until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $161,818,000 in
fiscal year 2008 may be retained and used for operating expenses within
this account, and may remain available until expended, as authorized by
section 201 of Public Law 95-238, notwithstanding the provisions of 31
U.S.C. 3302: Provided further, That the sum herein appropriated shall be
reduced by the amount of miscellaneous revenues received during 2008,
and any related appropriated receipt account balances remaining from
prior years' miscellaneous revenues, so as to result in a final fiscal
year 2008 appropriation from the general fund estimated at not more than
$149,778,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $46,480,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; $6,355,633,000, to
remain available until expended: Provided, That $38,957,000 is
authorized to be appropriated for Project 06-D-140-05 (PED) Uranium
Processing Facility, Y-12 Plant, Oak Ridge, Tennessee: Provided further,
That $69,330,000 is authorized to be appropriated for Project 99-D-141
Pit Disassembly and Conversion Facility (PDCF), Savannah River Site,
South Carolina: Provided further, That $74,809,000 is authorized to be
appropriated for 04-D-125 Chemistry and Metallurgy facility replacement
project, Los Alamos, New Mexico: Provided further, That $10,000,000 is
authorized to be appropriated for Ion Beam Laboratory refurbishment,
[[Page 121 STAT. 1963]]
Sandia National Laboratory, Albuquerque, New Mexico: Provided further,
That $14,846,000 is authorized to be appropriated for Material Security
and Consolidation project, Idaho National Laboratory, Idaho.
Defense Nuclear Nonproliferation
(INCLUDING RESCISSIONS OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense nuclear
nonproliferation activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,673,275,000, to remain available until expended: Provided,
That $50,000,000 of such funds shall be available until expended for the
contribution of the United States to create a low-enriched uranium
stockpile for an International Nuclear Fuel Bank supply of nuclear fuel
for peaceful means under the International Atomic Energy Agency:
Provided further, That $25,000,000 is authorized to be appropriated for
Project 06-D-180 National Security Laboratory at the Pacific Northwest
National Laboratory, Richland, Washington: Provided further, That of the
funds made available under this heading in appropriation Acts for fiscal
year 2007 and prior fiscal years for Project 99-D-143 Mixed Oxide (MOX)
Fuel Fabrication Facility, Savannah River Site, South Carolina,
$115,000,000 are rescinded: Provided further, That of the funds made
available under this heading in appropriation Acts for fiscal year 2007
and prior fiscal years for Russian Surplus Fissile Materials
Disposition, $57,000,000 are rescinded: Provided further, That of the
funds made available in the first paragraph under the heading ``Atomic
Energy Defense Activities--Other Defense Activities'' in chapter 2 of
title I of division B of Public Law 105-277 and subsequently transferred
by the Department of Energy to the Defense Nuclear Nonproliferation
program, $150,000,000 are rescinded.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $781,800,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $405,987,000, to
remain available until expended.
[[Page 121 STAT. 1964]]
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed three passenger motor vehicles for replacement only,
$5,398,573,000, to remain available until expended, of which
$463,000,000 shall be transferred to and deposited in the ``Uranium
Enrichment Decontamination and Decommissioning Fund''.
Other Defense Activities
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed twelve passenger motor
vehicles for replacement only, $761,290,000, to remain available until
expended: Provided, That of the funds provided under this heading in
Public Law 109-103, $4,900,000 are transferred to ``Weapons Activities''
for special nuclear material consolidation activities associated with
safeguards and security.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $201,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the Lower
Granite Dam fish trap, the Kootenai River White Sturgeon Hatchery, the
Nez Perce Tribal Hatchery, Redfish Lake Sockeye Captive Brood expansion,
hatchery production facilities to supplement Chinook salmon below Chief
Joseph Dam in Washington, Hood River Production Facility, Klickitat
production expansion, Mid-Columbia Coho restoration, and Yakama Coho
restoration, and in addition, for official reception and representation
expenses in an amount not to exceed $1,500. During fiscal year 2008, no
new direct loan obligations may be made.
[[Page 121 STAT. 1965]]
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,463,000, to remain available until
expended: Provided, <<NOTE: 16 USC 825s-5.>> That, notwithstanding the
provisions of 31 U.S.C. 3302, beginning in fiscal year 2008 and
thereafter, such funds as are received by the Southeastern Power
Administration from any State, municipality, corporation, association,
firm, district, or individual as advance payment for work that is
associated with Southeastern's Operations and Maintenance, consistent
with that authorized in section 5 of the Flood Control Act of 1944,
shall be credited to this account and be available until expended:
Provided further, That, notwithstanding 31 U.S.C. 3302, up to
$48,413,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$30,442,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 3302, up to $35,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including the operation, maintenance, and
purchase through transfer, exchange, or sale of one helicopter for
replacement only, and official reception and representation expenses in
an amount not to exceed $1,500; $231,030,000, to remain available until
expended, of which $221,094,000 shall be derived from the Department of
the Interior Reclamation Fund: Provided, That of the amount herein
appropriated, $7,167,000 is for deposit into the Utah Reclamation
Mitigation and Conservation
[[Page 121 STAT. 1966]]
Account pursuant to title IV of the Reclamation Projects Authorization
and Adjustment Act of 1992: Provided further, That notwithstanding the
provision of 31 U.S.C. 3302, up to $308,702,000 collected by the Western
Area Power Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power and
wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,500,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $260,425,000, to remain
available until expended: Provided, That <<NOTE: 42 USC 7171
note.>> notwithstanding any other provision of law, not to exceed
$260,425,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2008 shall be retained and used
for necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2008 so as to result in a final fiscal year 2008 appropriation from
the general fund estimated at not more than $0.
GENERAL PROVISIONS, DEPARTMENT OF ENERGY
Sec. 301. Contract Competition. (a) None of the funds in this or any
other appropriations Act for fiscal year 2008 or any previous fiscal
year may be used to make payments for a noncompetitive management and
operating contract, or a contract for environmental remediation or waste
management in excess of $100,000,000 in annual funding at a current or
former management and operating contract site or facility, or award a
significant extension or expansion to an existing management and
operating contract, or other contract covered by this section, unless
such contract is awarded using competitive procedures or the Secretary
of Energy grants, on a case-by-case basis, a waiver to allow for such a
deviation. The Secretary may not delegate the authority to grant such a
waiver.
(b) The term ``competitive procedures'' has the meaning provided in
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403) and includes procedures described in section
[[Page 121 STAT. 1967]]
303 of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) other than a procedure that solicits a proposal from only
one source.
(c) <<NOTE: Deadline. Reports.>> Within 30 days of formally
notifying an incumbent contractor that the Secretary intends to grant
such a waiver, the Secretary shall submit to the Subcommittees on Energy
and Water Development of the Committees on Appropriations of the House
of Representatives and the Senate a report notifying the Subcommittees
of the waiver and setting forth, in specificity, the substantive reasons
why the Secretary believes the requirement for competition should be
waived for this particular award.
Sec. 302. Unfunded Requests for Proposals. None of the funds
appropriated by this Act may be used to prepare or initiate Requests For
Proposals (RFPs) for a program if the program has not been funded by
Congress.
Sec. 303. Workforce Restructuring. None of the funds appropriated by
this Act may be used to--
(1) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161 of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 42 U.S.C. 7274h).
Sec. 304. Section 3161 Assistance. None of the funds appropriated by
this Act may be used to augment the funds made available for obligation
by this Act for severance payments and other benefits and community
assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C.
7274h) unless the Department of Energy submits a reprogramming request
to the appropriate congressional committees.
Sec. 305. Unexpended Balances. The unexpended balances of prior
appropriations provided for activities in this Act may be available to
the same appropriation accounts for such activities established pursuant
to this title. Available balances may be merged with funds in the
applicable established accounts and thereafter may be accounted for as
one fund for the same time period as originally enacted.
Sec. 306. Bonneville Power Authority Service Territory. None of the
funds in this or any other Act for the Administrator of the Bonneville
Power Administration may be used to enter into any agreement to perform
energy efficiency services outside the legally defined Bonneville
service territory, with the exception of services provided
internationally, including services provided on a reimbursable basis,
unless the Administrator certifies in advance that such services are not
available from private sector businesses.
Sec. 307. User Facilities. When the Department of Energy makes a
user facility available to universities or other potential users, or
seeks input from universities or other potential users regarding
significant characteristics or equipment in a user facility or a
proposed user facility, the Department shall ensure broad public notice
of such availability or such need for input to universities and other
potential users. When the Department of Energy considers the
participation of a university or other potential user as a formal
partner in the establishment or operation of a user facility, the
Department shall employ full and open competition in selecting such a
partner. For purposes of this section, the term
[[Page 121 STAT. 1968]]
``user facility'' includes, but is not limited to: (1) a user facility
as described in section 2203(a)(2) of the Energy Policy Act of 1992 (42
U.S.C. 13503(a)(2)); (2) a National Nuclear Security Administration
Defense Programs Technology Deployment Center/User Facility; and (3) any
other Departmental facility designated by the Department as a user
facility.
Sec. 308. Intelligence Activities. Funds appropriated by this or any
other Act, or made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414) during fiscal year 2008 until the enactment of the
Intelligence Authorization Act for fiscal year 2008.
Sec. 309. Laboratory <<NOTE: 50 USC 2791a.>> Directed Research and
Development. Of the funds made available by the Department of Energy for
activities at government-owned, contractor-operator operated
laboratories funded in this Act or subsequent Energy and Water
Development Appropriations Acts, the Secretary may authorize a specific
amount, not to exceed 8 percent of such funds, to be used by such
laboratories for laboratory-directed research and development: Provided,
That the Secretary may also authorize a specific amount not to exceed 4
percent of such funds, to be used by the plant manager of a covered
nuclear weapons production plant or the manager of the Nevada Site
Office for plant or site-directed research and development: Provided
further, That notwithstanding Department of Energy order 413.2A, dated
January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE
laboratories may be eligible for laboratory directed research and
development funding.
Sec. 310. Yield Rate. For fiscal year 2008, except as otherwise
provided by law in effect as of the date of this Act or unless a rate is
specifically set by an Act of Congress thereafter, the Administrators of
the Southeastern Power Administration, the Southwestern Power
Administration, and the Western Area Power Administration, shall use the
``yield'' rate in computing interest during construction and interest on
the unpaid balance of the costs of Federal power facilities. The yield
rate shall be defined as the average yield during the preceding fiscal
year on interest-bearing marketable securities of the United States
which, at the time the computation is made, have terms of 15 years or
more remaining to maturity.
Sec. 311. Use Permit. The Use Permit granted to the contractor for
activities conducted at the Pacific Northwest National Laboratory by
Agreement DE-GM05-00RL01831 between the Department of Energy and the
contractor shall continue in effect during the term of the existing
Operating Contract and the extensions or renewals thereof and shall be
incorporated into any future management and operating contract for the
Pacific Northwest National Laboratory and such Use Permit may not be
waived, modified or terminated unless agreed to by both contractor and
the Department of Energy.
Sec. 312. (a) Across-the-Board Rescissions.--There is hereby
rescinded--
(1) from discretionary accounts in this title that contain
congressionally directed projects, an amount equal to 1.6
percent of the budget authority provided for fiscal year 2008
for such projects; and
[[Page 121 STAT. 1969]]
(2) from all discretionary accounts in this title, an amount
equal to 0.91 percent of the other budget authority provided for
fiscal year 2008.
(b) Definitions.--For purposes of this section:
(1) The term ``congressionally directed project'' means a
congressional earmark or congressionally directed spending item
specified in the list of such earmarks and items for this
division that is included in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(2) The term ``other budget authority'' means an amount
equal to all discretionary budget authority, less the amount
provided for congressionally directed projects.
(c) Proportionate Application to Other Programs, Projects, and
Activities.--Any rescission made by subsection (a)(2) shall be applied
proportionately--
(1) to each discretionary account; and
(2) within each such account, to each program, project, and
activity (with programs, projects, and activities as delineated
in the appropriation Act or accompanying reports for the
relevant fiscal year covering such account).
(d) Report.--Within 30 days after the date of the enactment of this
section, the Director of the Secretary of Energy shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report specifying the account and amount of each rescission
made pursuant to this section.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, not
withstanding 40 U.S.C. 14704, and, for necessary expenses for the
Federal Co-Chairman and the alternate on the Appalachian Regional
Commission, for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $73,032,000, to remain
available until expended: Provided, That any congressionally directed
spending shall be taken from within that State's allocation in the
fiscal year in which it is provided.
Defense Nuclear Facilities Safety Board
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $21,909,000, to
remain available until expended.
[[Page 121 STAT. 1970]]
Delta Regional Authority
Salaries and Expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 382M,
and 382N of said Act, $11,685,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction, and acquisition of plant and capital equipment as
necessary and other expenses, $21,800,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, including official representation expenses (not to exceed
$25,000), $917,334,000, to remain available until expended: Provided,
That of the amount appropriated herein, $29,025,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $771,220,000 in fiscal year 2008 shall be retained and used
for necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2008 so as to result in a final
fiscal year 2008 appropriation estimated at not more than $146,114,000:
Provided further, That such funds as are made available for necessary
expenses of the Commission by this Act or any other Act may be used for
lease payments for additional office space provided by the General
Services Administration for personnel of the U.S. Nuclear Regulatory
Commission as close as reasonably possible to the Commission's
headquarters location in Rockville, Maryland, and of such square footage
and for such lease term, as are determined by the Commission to be
necessary to maintain the agency's regulatory effectiveness, efficiency,
and emergency response capability: Provided further, That
notwithstanding any other provision of law or any prevailing practice,
the rental square foot rate paid for the lease of space for such purpose
shall, to the extent necessary to obtain the space, be based on the
prevailing lease rates in the immediate vicinity of the Commission's
headquarters.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $8,744,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $7,870,000 in fiscal
[[Page 121 STAT. 1971]]
year 2008 shall be retained and be available until expended, for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2008 so as
to result in a final fiscal year 2008 appropriation estimated at not
more than $874,000.
Nuclear Waste Technical Review Board
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,621,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator for
Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act of 2004, $2,261,000.
General Provision, Independent Agencies
Sec. 401. Section 2(f)(2) of the Tennessee Valley Authority Act of
1933 (16 U.S.C. 831a(f)(2)) is amended by striking the phrase ``stipend
under paragraph (1)(A)(i)'' and inserting in lieu thereof ``stipends
under paragraph (1)(A)''.
TITLE V
GENERAL PROVISIONS
Sec. 501. <<NOTE: Lobbying.>> None of the funds appropriated by this
Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2008''.
[[Page 121 STAT. 1972]]
DIVISION D--FINANCIAL <<NOTE: Financial Services and General Government
Appropriations Act, 2008.>> SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2008
TITLE <<NOTE: Department of the Treasury Appropriations Act, 2008.>> 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
[[Page 121 STAT. 1973]]
Terrorism and Financial Intelligence: Provided further, That of the
amount appropriated under this heading, $2,100,000, to remain available
until September 30, 2010, is to develop and implement programs within
the Office of Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$18,710,000, to remain available until September 30, 2010: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated under
this heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, not to
exceed $2,000,000 for official travel expenses, including hire of
passenger motor vehicles; and not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended under
the direction of the Inspector General of the Treasury, $18,450,000, of
which not to exceed $2,500 shall be available for official reception and
representation expenses.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978,
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
services authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Inspector General for Tax Administration; $140,533,000, of which
not to exceed $6,000,000 shall be available for official travel
expenses; of which not to exceed $500,000 shall be available for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be available for
official reception and representation expenses.
[[Page 121 STAT. 1974]]
Air Transportation Stabilization Program Account
(including rescission)
Sections <<NOTE: 49 USC 40101 note; 115 Stat. 234.>> 101(a)(1), 102,
104, and 107(2) of the Air Transportation Safety and System
Stabilization Act (title I, Public Law 107-42) are hereby repealed. All
unobligated balances under this heading are rescinded.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $85,844,000, of which not to exceed $16,340,000 shall
remain available until September 30, 2010; and of which $8,955,000 shall
remain available until September 30, 2009: Provided, That funds
appropriated in this account may be used to procure personal services
contracts.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$234,423,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2010, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$93,515,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
United States Mint Public Enterprise Fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2008 under such
section 5136 for circulating coinage
[[Page 121 STAT. 1975]]
and protective service capital investments of the United States Mint
shall not exceed $33,200,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $182,871,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until September
30, 2010, for systems modernization: Provided, That the sum appropriated
herein from the general fund for fiscal year 2008 shall be reduced by
not more than $10,000,000 as definitive security issue fees and Legacy
Treasury Direct Investor Account Maintenance fees are collected, so as
to result in a final fiscal year 2008 appropriation from the general
fund estimated at $172,871,000. In addition, $70,000 to be derived from
the Oil Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial management of the
Fund, as authorized by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, $94,000,000, to
remain available until September 30, 2009, of which $8,000,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian, and
Alaskan Native communities and provided primarily through qualified
community development lender organizations with experience and expertise
in community development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and other
suitable providers, and up to $13,500,000 may be used for administrative
expenses, including administration of the New Markets Tax Credit, up to
$7,500,000 may be used for the cost of direct loans, and up to $250,000
may be used for administrative expenses to carry out the direct loan
program: Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $16,000,000.
Internal Revenue Service
TAXPAYER SERVICES
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,150,000,000, of which not less than $3,000,000 shall be
for the Tax Counseling for the
[[Page 121 STAT. 1976]]
Elderly Program, of which not less than $9,000,000 shall be available
for low-income taxpayer clinic grants, of which not less than
$8,000,000, to remain available until September 30, 2009, shall be
available to establish and administer a Community Volunteer Income Tax
Assistance matching grants demonstration program for tax return
preparation assistance, and of which not less than $177,000,000 shall be
available for operating expenses of the Taxpayer Advocate Service.
ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Internal Revenue Service to determine
and collect owed taxes, to provide legal and litigation support, to
conduct criminal investigations, to enforce criminal statutes related to
violations of internal revenue laws and other financial crimes, to
purchase (for police-type use, not to exceed 850) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,780,000,000, of which not less than $57,252,000 shall
be for the Interagency Crime and Drug Enforcement program: Provided,
That up to $10,000,000 may be transferred as necessary from this account
to the Internal Revenue Service Operations Support appropriations solely
for the purposes of the Interagency Crime and Drug Enforcement program:
Provided further, That this transfer authority shall be in addition to
any other transfer authority provided in this Act.
OPERATIONS SUPPORT
For necessary expenses of the Internal Revenue Service to operate
and support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research and
statistics of income; telecommunications; information technology
development, enhancement, operations, maintenance, and security; the
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and other services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner; $3,680,059,000, of which $75,000,000 shall remain
available until September 30, 2009, for information technology support;
of which not to exceed $1,000,000 shall remain available until September
30, 2010, for research; of which not less than $2,000,000 shall be for
the Internal Revenue Service Oversight Board; and of which not to exceed
$25,000 shall be for official reception and representation.
Business Systems Modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $267,090,000, to remain available until
September 30, 2010, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. <<NOTE: Expenditure plan.>> 3109: Provided, That, with the
exception of labor costs, none of these funds may be
[[Page 121 STAT. 1977]]
obligated until the Internal Revenue Service submits to the Committees
on Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11; (2) complies with the Internal Revenue
Service's enterprise architecture, including the modernization
blueprint; (3) conforms with the Internal Revenue Service's enterprise
life cycle methodology; (4) is approved by the Internal Revenue Service,
the Department of the Treasury, and the Office of Management and Budget;
(5) has been reviewed by the Government Accountability Office; and (6)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government.
Health Insurance Tax Credit Administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $15,235,000.
Administrative Provisions--Internal Revenue Service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained in
taxpayers' rights, in dealing courteously with taxpayers, and in cross-
cultural relations.
Sec. 103. <<NOTE: Confidentiality.>> The Internal Revenue Service
shall institute and enforce policies and procedures that will safeguard
the confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 105. Section 9503(a) of title 5, United States Code, is amended
by striking ``for a period of 10 years after the date of enactment of
this section'' and inserting ``before July 23, 2013''.
Sec. 106. Sections 9504(a) and (b), and 9505(a) of title 5, United
States Code, are amended by striking ``For a period of 10 years after
the date of enactment of this section'' each place it occurs and
inserting ``Before July 23, 2013''.
Sec. 107. Section 9502(a) of title 5, United States Code, is amended
by striking ``Office of Management and Budget'' and inserting ``Office
of Personnel Management''.
Sec. 108. Of the funds made available by this Act for the Internal
Revenue Service, not less than $7,350,000 shall be available for
increasing above fiscal year 2007 levels the number of
[[Page 121 STAT. 1978]]
full-time equivalent positions and related support activities performing
Automated Collection System functions.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 109. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 110. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 111. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by more
than 2 percent.
Sec. 112. Of the funds available for the purchase of law enforcement
vehicles, no funds may be obligated until the Secretary of the Treasury
certifies that the purchase by the respective Treasury bureau is
consistent with departmental vehicle management principles: Provided,
That the Secretary may delegate this authority to the Assistant
Secretary for Management.
Sec. 113. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 114. The Secretary of the Treasury may transfer funds from
Financial Management Services, Salaries and Expenses to Debt Collection
Fund as necessary to cover the costs of debt collection: Provided, That
such amounts shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 115. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``8 years'' and inserting ``10
years''.
Sec. 116. None of the funds appropriated or otherwise made available
by this or any other Act may be used by the United States Mint to
construct or operate any museum without the explicit approval of the
House Committee on Financial Services and the Senate Committee on
Banking, Housing, and Urban Affairs.
[[Page 121 STAT. 1979]]
Sec. 117. None of the funds appropriated or otherwise made available
by this or any other Act or source to the Department of the Treasury,
the Bureau of Engraving and Printing, and the United States Mint,
individually or collectively, may be used to consolidate any or all
functions of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on Financial
Services; the Senate Committee on Banking, Housing, and Urban Affairs;
the House Committee on Appropriations; and the Senate Committee on
Appropriations.
Sec. 118. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2008 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2008.
Sec. 119. Section 3333(a) of title 31, United States Code, is
amended by deleting paragraph (3) and inserting in lieu thereof the
following:
``(3) The amount of the relief and the amount of any relief granted
to an official or agent of the Department of the Treasury under 31
U.S.C. 3527, shall be charged to the Check Forgery Insurance Fund (31
U.S.C. 3343). A recovery or repayment of a loss for which replacement is
made out of the fund shall be credited to the fund and is available for
the purposes for which the fund was established.''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2008''.
TITLE <<NOTE: Executive Office of the President Appropriations Act,
2008.>> II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to section 1552 of title 31, United
States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President; $51,656,000.
[[Page 121 STAT. 1980]]
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,814,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, <<NOTE: Notice. Deadlines.>> 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, <<NOTE: Deadline.>> That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided
further, <<NOTE: Deadline. Reports.>> That the Executive Residence shall
prepare and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this Act, a
report setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that consists of
reimbursable official and ceremonial events, the amount of such total
that consists of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the report:
Provided further, <<NOTE: Records.>> That the Executive Residence shall
maintain a system for the tracking of expenses related to reimbursable
events within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical:
Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence
[[Page 121 STAT. 1981]]
from any other applicable requirement of subchapter I or II of chapter
37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,600,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,118,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$3,482,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $8,640,000.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $2,000,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $91,745,000, of which $11,923,000 shall remain
available until expended for continued modernization of the information
technology infrastructure within the Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions
[[Page 121 STAT. 1982]]
of chapter 35 of title 44, United States Code, $78,000,000, of which not
to exceed $3,000 shall be available for official representation
expenses: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made and shall be allocated in accordance with the
terms and conditions set forth in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
except as otherwise provided by law: Provided further, That none of the
funds appropriated in this Act for the Office of Management and Budget
may be used for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the Office
of Management and Budget by this Act may be expended for the altering of
the transcript of actual testimony of witnesses, except for testimony of
officials of the Office of Management and Budget, before the Committees
on Appropriations or their subcommittees: Provided further, That the
preceding shall not apply to printed hearings released by the Committees
on Appropriations: Provided further, That none of the funds provided in
this or prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of Engineers
acting through the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to the Civil
Works water resource planning process: Provided
further, <<NOTE: Deadline. Policy reviews.>> That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided
further, <<NOTE: Notification.>> That the Director of the Office of
Management and Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated: Provided
further, <<NOTE: Reports. Deadline.>> That if water resource reports
have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the Office of
Management and Budget review period based on the notification from the
Director, Congress shall assume Office of Management and Budget
concurrence with the report and act accordingly.
Office of National Drug Control Policy
Salaries and Expenses
For necessary expenses of the Office of National Drug Control Policy
(ONDCP); for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $26,402,000;
of which $250,000 shall remain available until expended for policy
research and evaluation: Provided, That of the funds provided under this
heading, $1,250,000 shall be allocated for the National Academy of
Public Administration to conduct an independent study and analysis of
ONDCP's organization and management: Provided
further, <<NOTE: Deadline. Contracts.>> That within two months after the
date of enactment of this Act, the ONDCP shall
[[Page 121 STAT. 1983]]
contract with the National Academy of Public Administration for purposes
as described in the previous proviso: Provided further, That the Office
is authorized to accept, hold, administer, and utilize gifts, both real
and personal, public and private, without fiscal year limitation, for
the purpose of aiding or facilitating the work of the Office.
Counterdrug Technology Assessment Center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469),
$1,000,000, which shall remain available until expended for
counternarcotics research and development projects: Provided, That such
amount shall be available for transfer to other Federal departments or
agencies: Provided further, <<NOTE: Spending plan. Deadline.>> That the
Office of National Drug Control Policy shall submit for approval by the
Committees on Appropriations of the House of Representatives and the
Senate, a spending plan for the use of these funds no later than 90 days
after enactment of this Act.
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(including transfers of funds)
For <<NOTE: Deadline.>> 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, <<NOTE: Funding
justification.>> 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, <<NOTE: Budget request.>> 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, <<NOTE: Recommenda- tions. Deadlines.>> 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
[[Page 121 STAT. 1984]]
Drug Trafficking Area (HIDTA) allocation funding within 90 days after
the enactment of this Act and the discretionary HIDTA funding, according
to the framework proposed jointly by the HIDTA Directors and ONDCP,
within 120 days after the enactment of this Act: Provided further, That
within the discretionary funding amount, plans for use of such funds
shall be subject to committee approval: Provided further, That at least
$2,000,000 shall be available for new counties, not including previously
funded counties, with priority given to meritorious applicants who have
submitted previously and have not been funded.
Other Federal Drug Control Programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469),
$164,300,000, to remain available until expended, of which the amounts
are available as follows: $60,000,000 to support a national media
campaign: Provided, That the Office of National Drug Control Policy
shall maintain funding for non-advertising services for the media
campaign at no less than the fiscal year 2003 ratio of service funding
to total funds and shall continue the corporate outreach program as it
operated prior to its cancellation; $90,000,000 to continue a program of
matching grants to drug-free communities, of which $2,000,000 shall be
made available as directed by section 4 of Public Law 107-82, as amended
by Public Law 109-469 (21 U.S.C. 1521 note); $500,000 for demonstration
programs as authorized by section 1119 of Public Law 109-469; $1,000,000
for the National Drug Court Institute; $9,600,000 for the United States
Anti-Doping Agency for anti-doping activities; $1,700,000 for the United
States membership dues to the World Anti-Doping Agency; $1,250,000 for
the National Alliance for Model State Drug Laws; and $250,000 for
evaluations and research related to National Drug Control Program
performance measures: Provided further, That such funds may be
transferred to other Federal departments and agencies to carry out such
activities: Provided further, That of the amounts appropriated for a
national media campaign, not to exceed 10 percent shall be for
administration, advertising production, research and testing, labor, and
related costs of the national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000.
Special Assistance to the President
Salaries and Expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106,
[[Page 121 STAT. 1985]]
which shall be expended and accounted for as provided in that section;
and hire of passenger motor vehicles, $4,432,000.
Official Residence of the Vice President
Operating Expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $320,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
Sec. 201. <<NOTE: Notification.>> From funds made available in this
Act under the headings ``White House Office'', ``Executive Residence at
the White House'', ``White House Repair and Restoration'', ``Council of
Economic Advisors'', ``National Security Council'', ``Office of
Administration'', ``Office of Policy Development'', ``Special Assistance
to the President'', and ``Official Residence of the Vice President'',
the Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, 15 days after
giving notice to the House and Senate Committees on Appropriations,
transfer not to exceed 10 percent of any such appropriation to any other
such appropriation, to be merged with and available for the same time
and for the same purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further, That no amount
shall be transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. <<NOTE: Deadline. Financial plan.>> 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, <<NOTE: Reports. Deadlines.>> 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.
[[Page 121 STAT. 1986]]
Sec. 203. Not to exceed 2 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2008''.
TITLE <<NOTE: Judiciary Appropriations Act, 2008.>> III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $66,526,000,
of which $2,000,000 shall remain available until expended.
Care of the Building and Grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by the
Act approved May 7, 1934 (40 U.S.C. 13a-13b), $12,201,000, which shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
Salaries and Expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $27,072,000.
United States Court of International Trade
Salaries and Expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses of
the court, as authorized by law, $16,632,000.
[[Page 121 STAT. 1987]]
Courts of Appeals, District Courts, and Other Judicial Services
Salaries and Expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,604,762,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$4,099,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
In addition, $14,500,000 shall be available to address critically
understaffed workload associated with increased immigration enforcement:
Provided, That this amount is designated as described in section 5 (in
the matter preceding division A of this consolidated Act).
Defender Services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under the Criminal Justice Act of 1964 (18 U.S.C.
3006A); the compensation and reimbursement of expenses of persons
furnishing investigative, expert, and other services under the Criminal
Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to represent jurors
in civil actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d); and for necessary training and general
administrative expenses, $835,601,000, to remain available until
expended.
In addition, $10,500,000 shall be available for the reimbursement of
expenses of attorneys appointed to represent persons under the Criminal
Justice Act of 1964 as a result of increased immigration enforcement:
Provided, That this amount is designated as described in section 5 (in
the matter preceding division A of this consolidated Act).
Fees of Jurors and Commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized
[[Page 121 STAT. 1988]]
by 28 U.S.C. 1863; and compensation of commissioners appointed in
condemnation cases pursuant to rule 71A(h) of the Federal Rules of Civil
Procedure (28 U.S.C. Appendix Rule 71A(h)), $63,081,000, to remain
available until expended: Provided, That the compensation of land
commissioners shall not exceed the daily equivalent of the highest rate
payable under section 5332 of title 5, United States Code.
Court Security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$410,000,000, of which not to exceed $15,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
Administrative Office of the United States Courts
Salaries and Expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $76,036,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
Salaries and Expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $24,187,000; of which $1,800,000 shall remain
available through September 30, 2009, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
[[Page 121 STAT. 1989]]
Judicial Retirement Funds
Payment to Judiciary Trust Funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $59,400,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $2,300,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $3,700,000.
United States Sentencing Commission
Salaries and Expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $15,477,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 605 and 610 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. <<NOTE: Deadline. Financial plan.>> 304. Within 90 days after
the date of the enactment of this Act, the Administrative Office of the
U.S. Courts shall submit to the Committees on Appropriations a
comprehensive financial plan for the Judiciary allocating all sources of
available funds including appropriations, fee collections, and carryover
balances, to include a separate and detailed plan for the Judiciary
Information Technology fund.
Sec. 305. <<NOTE: 28 USC 461 note.>> Pursuant to section 140 of
Public Law 97-92, and from funds appropriated in this Act, Justices and
judges of the United States are authorized during fiscal year 2008, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
[[Page 121 STAT. 1990]]
Sec. 306. <<NOTE: Applicability.>> Section 3313(a) of title 40,
United States Code, shall be applied by substituting ``executive'' for
``federal'' each place it appears.
Sec. 307. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 308. Section 128(b) of title 28, United States Code, is amended
by striking ``Bellingham, Seattle, and Tacoma'' and inserting
``Bellingham, Seattle, Tacoma, and Vancouver''.
Sec. 309. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``16 years'' and inserting ``17 years'';
(2) in the sixth sentence (relating to the Northern District
of Ohio), by striking ``15 years'' and inserting ``17 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2008''.
TITLE <<NOTE: District of Columbia Appropriations Act, 2008.>> 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 <<NOTE: Accounts.>> 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, <<NOTE: Reports.>> That the Office of
the Chief Financial Officer shall provide a quarterly financial report
to the Committees
[[Page 121 STAT. 1991]]
on Appropriations of the House of Representatives and Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the District
of Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $3,352,000, to remain available
until expended; of which $3,000,000 is to reimburse the District of
Columbia for the costs of providing public safety at events related to
the presence of the national capital in the District of Columbia and for
the costs of providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or surrounding
jurisdictions; and $352,000 is for the District of Columbia National
Guard retention and college access program: Provided, That any amount
provided under this heading shall be available only after such amount
has been apportioned pursuant to chapter 15 of title 31, United States
Code.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$223,920,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $10,800,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $98,359,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $52,170,000, of which not to exceed $1,500 is for
official reception and representation expenses; and $62,591,000, to
remain available until September 30, 2009, for capital improvements for
District of Columbia courthouse facilities, including structural
improvements to the District of Columbia cell block at the Moultrie
Courthouse: Provided, <<NOTE: Contracts.>> 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, <<NOTE: Reports.>> 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 <<NOTE: Deadline. Notification.>> 30 days
after providing written
[[Page 121 STAT. 1992]]
notice to the Committees on Appropriations of the House of
Representatives and Senate, the District of Columbia Courts may
reallocate not more than $1,000,000 of the funds provided under this
heading among the items and entities funded under this heading for
operations, and not more than 4 percent of the funds provided under this
heading for facilities.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$47,975,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $62,591,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia may use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$62,591,000 provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments described
under this heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading shall be
administered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further,
That <<NOTE: Contracts. Reports.>> notwithstanding any other provision
of law, this appropriation shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same manner
as funds appropriated for expenses of other Federal agencies, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration (GSA), and such services shall
include the preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the House of Representatives and Senate,
the Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and Governmental
Affairs of the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National
[[Page 121 STAT. 1993]]
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, <<NOTE: Records. Public information.>> That the
Director shall keep accurate and detailed records of the acceptance and
use of any gift or donation under the previous proviso, and shall make
such records available for audit and public inspection: Provided
further, That the Court Services and Offender Supervision Agency
Director is authorized to accept and use reimbursement from the District
of Columbia Government for space and services provided on a cost
reimbursable basis.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $32,710,000: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a match
of $6,000,000 and the District of Columbia provides a match of
$2,000,000 in local funds for this payment.
[[Page 121 STAT. 1994]]
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,300,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, <<NOTE: Reports. Deadlines.>> $5,453,000:
Provided, That each entity that receives funding under this heading
shall submit to the Office of the Chief Financial Officer of the
District of Columbia (CFO) a report on the activities to be carried out
with such funds no later than March 15, 2008, and the CFO shall submit a
comprehensive report to the Committees on Appropriations of the House of
Representatives and the Senate no later than June 1, 2008.
Federal Payment for School Improvement
For a Federal payment for a school improvement program in the
District of Columbia, $40,800,000, to be allocated as follows: for the
District of Columbia Public Schools, $13,000,000 to improve public
school education in the District of Columbia; for the State Education
Office, $13,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for the
Secretary of the Department of Education, $14,800,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with division C, title III of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which
up to $1,800,000 may be used to administer and fund assessments.
Federal Payment for Consolidated Laboratory Facility
For a Federal payment to the District of Columbia, $5,000,000, to
remain available until September 30, 2009, for costs associated with the
construction of a consolidated bioterrorism and forensics laboratory:
Provided, That the District of Columbia provides a 100 percent match for
this payment.
FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS
For a Federal payment to the District of Columbia, $9,000,000, to
remain available until expended, for the Federal contribution for costs
associated with the renovation and rehabilitation of District libraries.
Federal Payment to Reimburse the Federal Bureau of Investigation
For a Federal payment to the District of Columbia, $4,000,000, to
remain available until September 30, 2010, for reimbursement to the
Federal Bureau of Investigation for additional laboratory services.
[[Page 121 STAT. 1995]]
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, <<NOTE: Expenditure plan.>> 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 <<NOTE: Reports. Deadlines.>> the District submit a
preliminary progress report on activities no later than June 1, 2008,
and a final report including a detailed description of outcomes achieved
no later than November 1, 2009.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act, approved
November 2, 2000 (114 Stat. 2440; D.C. Official Code, sec. 1-204.50a)
and provisions of this Act: The total amount appropriated in this Act
for operating expenses for the District of Columbia for fiscal year 2008
under this heading shall not exceed the lesser of the sum of the total
revenues of the District of Columbia for such fiscal year or
$9,773,775,000 (of which $6,111,623,000 (including $348,929,000 from
dedicated taxes) shall be from local funds, $2,015,854,000 shall be from
Federal grant funds, $1,637,736,000 shall be from other funds, and
$8,562,000 shall be from private funds), in addition, $114,905,000 from
funds previously appropriated in this Act as Federal payments: Provided
further, That of the local funds, $339,989,000 shall be derived from the
District's general fund balance: Provided further, That of these funds
the District's intradistrict authority shall be $648,290,000: in
addition for capital construction projects there is appropriated an
increase of $1,607,703,000, of which $1,042,712,000 shall be from local
funds, $38,523,000 from the District of Columbia Highway Trust Fund,
$73,260,000 from the Local Street Maintenance fund, $75,000,000 from
revenue bonds, $150,000,000 from financing for construction of a
consolidated laboratory facility, $42,200,000 for construction of a
baseball stadium, $186,008,000 from Federal grant funds, and a
rescission of $212,696,000 from local funds appropriated under this
heading in prior fiscal years, for a net amount of $1,395,007,000, to
remain available until expended: Provided further, <<NOTE: Incorpor-
ation by reference.>> 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,
[[Page 121 STAT. 1996]]
That this amount may be increased by proceeds of one-time transactions,
which are expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be approved by
enactment of local District law and shall comply with all reserve
requirements contained in the District of Columbia Home Rule Act
approved December 24, 1973 (87 Stat. 777; D.C. Official Code, sec. 1-
201.01 et seq.), as amended by this Act: Provided further, That the
Chief Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia meets
these requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the District
during fiscal year 2008, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia Appropriations
Act, 2008''.
TITLE V
INDEPENDENT AGENCIES
Consumer Product Safety Commission
Salaries and Expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $1,000 for
official reception and representation expenses, $80,000,000.
Election Assistance Commission
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $16,530,000, of which $3,250,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002: Provided,
That $200,000 shall be for a competitive grant program to support
community involvement in student and parent mock elections.
election reform programs
For necessary expenses to carry out programs under the Help America
Vote Act of 2002 (Public Law 107-252), $115,000,000 which shall be
available for requirements payments under part 1 of subtitle D of title
II of such Act.
[[Page 121 STAT. 1997]]
ELECTION DATA COLLECTION GRANTS
For necessary expenses to carry out an election data collection
grants program under section 501 of this Act, $10,000,000, which shall
remain available until expended.
Administrative Provision--Election Assistance Commission
Sec. 501. <<NOTE: Deadlines. 42 USC 15381 note.>> (a) Election Data
Collection Grants.--Not later than March 30, 2008, the Election
Assistance Commission (in this section referred to as the
``Commission'') shall establish an election data collection grant
program (in this section referred to as the ``program'') to provide a
grant of $2,000,000 to 5 eligible States to improve the collection of
data relating to the regularly scheduled general election for Federal
office held in November 2008. For purposes of this section, the term
``State'' has the meaning given such term in section 901 of the Help
America Vote Act of 2002 (42 U.S.C. 15541).
(b) Eligibility.--A State is eligible to receive a grant under the
program if it submits to the Commission, at such time and in such form
as the Commission may require, an application containing the following
information and assurances:
(1) A plan for the use of the funds provided by the grant
which will expand and improve the collection of the election
data described in subsection (a) at the precinct level and will
provide for the collection of such data in a common electronic
format (as determined by the Commission).
(2) An assurance that the State will comply with all
requests made by the Commission for the compilation and
submission of the data.
(3) An assurance that the State will provide the Commission
with such information as the Commission may require to prepare
and submit the report described in subsection (d).
(4) Such other information and assurances as the Commission
may require.
(c) Timing of Grants; Availability.--
(1) Timing.--The Commission shall award grants under the
program to eligible States not later than 60 days after the date
on which the Commission establishes the program.
(2) Availability of funds.--Amounts provided by a grant
under the program shall remain available without fiscal year
limitation until expended.
(d) Report to Congress.--
(1) Report.--Not later than June 30, 2009, the Commission,
in consultation with the States receiving grants under the
program and the Election Assistance Commission Board of
Advisors, shall submit a report to Congress on the impact of the
program on the collection of the election data described in
subsection (a).
(2) Recommendations.--The Commission shall include in the
report submitted under paragraph (1) such recommendations as the
Commission considers appropriate to improve the collection of
data relating to regularly scheduled general elections for
Federal office in all States, including recommendations for
changes in Federal law or regulations and the Commission's
estimate of the amount of funding necessary to carry out such
changes.
[[Page 121 STAT. 1998]]
Federal Communications Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $313,000,000: Provided, That $312,000,000 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, shall be retained and used
for necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated shall
be reduced as such offsetting collections are received during fiscal
year 2008 so as to result in a final fiscal year 2008 appropriation
estimated at $1,000,000: Provided further, That any offsetting
collections received in excess of $312,000,000 in fiscal year 2008 shall
not be available for obligation: Provided further, That remaining
offsetting collections from prior years collected in excess of the
amount specified for collection in each such year and otherwise becoming
available on October 1, 2007, shall not be available for obligation:
Provided further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds
from the use of a competitive bidding system that may be retained and
made available for obligation shall not exceed $85,000,000 for fiscal
year 2008: Provided further, That, in addition, not to exceed
$21,480,000 may be transferred from the Universal Service Fund in fiscal
year 2008 to remain available until expended, to monitor the Universal
Service Fund program to prevent and remedy waste, fraud and abuse, and
to conduct audits and investigations by the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <<NOTE: 118 Stat. 3997.>> is amended by
striking ``December 31, 2007'', each place it appears and inserting
``December 31, 2008''.
Sec. 511. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$26,848,000, to be derived from the Deposit Insurance Fund and the FSLIC
Resolution Fund.
[[Page 121 STAT. 1999]]
Federal Election Commission
Salaries and Expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $59,224,000, of which no less than
$8,100,000 shall be available for internal automated data processing
systems, and of which not to exceed $5,000 shall be available for
reception and representation expenses.
Federal Labor Relations Authority
Salaries and Expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $23,641,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $243,864,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $139,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $23,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2008, so as to result in a final fiscal year
2008
[[Page 121 STAT. 2000]]
appropriation from the general fund estimated at not more than
$81,864,000: Provided further, That none of the funds made available to
the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
General Services Administration
Real Property Activities
Federal Buildings Fund
limitations on availability of revenue
For an additional amount to be deposited in the Federal Buildings
Fund, $83,964,000. To carry out the purposes of the Fund established
pursuant to section 210(f) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592), the revenues and
collections deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation, and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$7,830,414,000, of which: (1)(A) $306,448,000 shall remain available
until expended for construction (including funds for sites and expenses
and associated design and construction services) of additional projects
at the following locations:
New Construction:
California:
San Ysidro, Land Port of Entry, $37,742,000.
Illinois:
Rockford, United States Courthouse,
$58,792,000.
Maryland:
Montgomery County, Food and Drug
Administration Consolidation, $57,749,000.
Minnesota:
Warroad, Land Port of Entry, $43,628,000.
Missouri:
Jefferson City, United States Courthouse,
$66,000,000.
Vermont:
Derby Line, Land Port of Entry, $33,139,000.
Nonprospectus Construction, $9,398,000; and
[[Page 121 STAT. 2001]]
(B) $225,000,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act) and shall remain
available until expended for construction (including funds for sites and
expenses and associated design and construction services) of additional
projects at the following locations:
Arizona:
San Luis, Land Port of Entry I, $7,053,000.
California:
San Ysidro, Land Port of Entry, $161,437,000.
Maine:
Madawaska, Land Port of Entry, $17,160,000.
New York:
Alexandria Bay, Land Port of Entry, $11,676,000.
Texas:
El Paso, Tornillo-Guadalupe, Land Port of Entry,
$4,290,000.
Donna/Rio Bravo International Bridge, Land Port of
Entry, $23,384,000:
Provided, That, notwithstanding any other provision of law, the
Administrator of General Services is authorized to proceed with
necessary site acquisition, design, and construction for the new
courthouse project in Rockford, Illinois, listed in Public Law 109-115
and for which funds have been appropriated under this or any other Acts,
with the understanding that the total estimated cost of the project,
exclusive of any permitted escalations, shall be $100,225,000: Provided
further, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are affected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, <<NOTE: Expiration date.>> That all funds for direct
construction projects shall expire on September 30, 2009 and remain in
the Federal Buildings Fund except for funds for projects as to which
funds for design or other funds have been obligated in whole or in part
prior to such date; (2) $722,161,000 shall remain available until
expended for repairs and alterations, which includes associated design
and construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, Phase
III, $121,204,000.
Joint Operations Center, $12,800,000.
Nebraska Avenue Complex, $27,673,000.
Nevada:
Reno, C. Clifton Young Federal Building and
Courthouse, $12,793,000.
New York:
New York, Thurgood Marshall United States
Courthouse, $170,544,000.
West Virginia:
Martinsburg Internal Revenue Service
Enterprise Computing Center, $35,822,000.
Special Emphasis Programs:
Energy Program, $15,000,000.
Design Program, $7,372,000.
Basic Repairs and Alterations, $318,953,000:
[[Page 121 STAT. 2002]]
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 <<NOTE: Expiration date.>> and alterations prospectus
projects shall expire on September 30, 2009 and remain in the Federal
Buildings Fund except funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against the
Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) $155,781,000 for installment acquisition payments,
including payments on purchase contracts which shall remain available
until expended; (4) $4,315,534,000 for rental of space which shall
remain available until expended; and (5) $2,105,490,000 for building
operations which shall remain available until expended, of which up to
$500,000 may be used as Federal competitive contributions to entities
which coordinate long-term siting of Federal building and employment in
the National Capital Region with State and local governments, the
commercial sector and other major stakeholders in the region: Provided
further, That funds available to the General Services Administration
shall not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959, has not been approved, except that
necessary funds may be expended for each project for required expenses
for the development of a proposed prospectus: Provided further, That
funds available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section 210(f)(6)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2008,
[[Page 121 STAT. 2003]]
excluding reimbursements under section 210(f)(6) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess
of the aggregate new obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall remain in the
Fund and shall not be available for expenditure except as authorized in
appropriations Acts.
General Activities
Government-wide Policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $52,891,000.
Operating Expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; providing Internet
access to Federal information and services; agency-wide policy direction
and management, and Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $85,870,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $48,382,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
Electronic Government Fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation of
innovative uses of the Internet and other electronic methods,
$3,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer <<NOTE: Transfer date. Spending
plan. Project explanation.>> authority provided in this Act: Provided
further, That such transfers may not
[[Page 121 STAT. 2004]]
be made until 10 days after a proposed spending plan and explanation for
each project to be undertaken has been submitted to the Committees on
Appropriations.
Allowances and Office Staff for Former Presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $2,478,000: Provided, That the
Administrator of General Services shall transfer to the Secretary of the
Treasury such sums as may be necessary to carry out the provisions of
such Acts.
Federal Citizen Information Center Fund
For necessary expenses of the Federal Citizen Information Center,
including services authorized by 5 U.S.C. 3109, $17,328,000, to be
deposited into the Federal Citizen Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to exceed
$42,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2008 in excess of such amount shall remain in
the Fund and shall not be available for expenditure except as authorized
in appropriations Acts.
Administrative Provisions--General Services Administration
(including transfers of funds)
Sec. 520. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 521. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 522. Funds in the Federal Buildings Fund made available for
fiscal year 2008 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations.
Sec. 523. Except as otherwise provided in this title, no funds made
available by this Act shall be used to transmit a fiscal year 2009
request for United States Courthouse construction that: (1) does not
meet the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; and (2)
does not reflect the priorities of the Judicial Conference of the United
States as set out in its approved 5-year construction plan:
Provided, <<NOTE: Study.>> That the fiscal year 2009 request must be
accompanied by a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 524. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency
[[Page 121 STAT. 2005]]
that does not pay the rate per square foot assessment for space and
services as determined by the General Services Administration in
compliance with the Public Buildings Amendments Act of 1972 (Public Law
92-313).
Sec. 525. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations.
Sec. 526. No funds shall be used by the General Services
Administration to reorganize its organizational structure without
approval by the House and Senate Committees on Appropriations through an
operating plan change.
Sec. 527. <<NOTE: Contracts. Statement.>> In any case in which the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate adopt a resolution granting lease authority pursuant to a
prospectus transmitted to Congress by the Administrator of General
Services under section 3307 of title 40, United States Code, the
Administrator shall ensure that the delineated area of procurement is
identical to the delineated area included in the prospectus for all
lease agreements, except that, if the Administrator determines that the
delineated area of the procurement should not be identical to the
delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and the
House and Senate Committees on Appropriations prior to exercising any
lease authority provided in the resolution.
Merit Systems Protection Board
Salaries and Expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $37,507,000 together with not to exceed
$2,579,000 for administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and Disability Fund
in amounts determined by the Merit Systems Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Trust Fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the
[[Page 121 STAT. 2006]]
Morris K. Udall Scholarship and Excellence in National Environmental and
Native American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),
$3,750,000, to remain available until expended, of which up to $50,000
shall be used to conduct financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289) notwithstanding sections
8 and 9 of Public Law 102-259: Provided, That up to 60 percent of such
funds may be transferred by the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.
Environmental Dispute Resolution Fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $2,000,000, to remain available until expended.
National Archives and Records Administration
Operating Expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents and the activities of the
Public Interest Declassification Board, and for the hire of passenger
motor vehicles, and for uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and
cleaning, $315,000,000.
Electronic Records Archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $58,028,000 of which $38,315,000 shall remain available
until September 30, 2009: Provided, <<NOTE: Expenditure plan.>> That
none of the multi-year funds may be obligated until the National
Archives and Records Administration submits to the Committees on
Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11; (2) complies with the National Archives and
Records Administration's enterprise architecture; (3) conforms with the
National Archives and Records Administration's enterprise life cycle
methodology; (4) is approved by the National Archives and Records
Administration and the Office of Management and Budget; (5) has been
reviewed by the Government Accountability Office; and (6) complies with
the acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
Repairs and Restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $28,605,000, to remain
available until expended: Provided, That the Archivist
[[Page 121 STAT. 2007]]
is authorized to construct an addition to the John F. Kennedy
Presidential Library and Museum on land, adjacent to the existing
Library and Museum property, to be acquired from the Commonwealth of
Massachusetts or the University of Massachusetts or some other
governmental authority thereof; and of the funds provided, $8,000,000
shall be used for acquiring the land for the Kennedy Library Addition,
the first phase of construction, related services for building the
addition to the Library, and other necessary expenses, including
renovating the Library as needed in constructing the addition; $750,000
to complete design work on the renovation of the Franklin D. Roosevelt
Presidential Library and Museum; $7,432,000 to construct an addition to
the Richard Nixon Presidential Library and Museum; and $3,760,000 is for
the repair and restoration of the plaza that surrounds the Lyndon Baines
Johnson Presidential Library and Museum that is under the joint control
and custody of the University of Texas: Provided further, That such
funds shall remain available until expended for this purpose and may be
transferred directly to the University and used, together with
University funds, for the repair and restoration of the plaza: Provided
further, That such funds shall be spent in accordance with the
construction plan submitted to the Committees on Appropriations on March
14, 2005: Provided further, That the Archivist shall be prohibited from
entering into any agreement with the University or any other party that
requires additional funding commitments on behalf of the Federal
Government for this project.
National Historical Publications and Records Commission
GRANTS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $9,500,000, to
remain available until expended: Provided, That of the funds provided in
this paragraph, $2,000,000 shall be transferred to the operating
expenses account of the National Archives and Records Administration for
operating expenses of the National Historical Publications and Records
Commission.
ADMINISTRATIVE PROVISION--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
The <<NOTE: Funding assessment.>> National Archives and Records
Administration shall include in its fiscal year 2009 budget
justifications a comprehensive capital needs assessment for funding
provided under the ``Repairs and Restoration'' appropriations account:
Provided, That funds proposed under the ``Repairs and Restoration''
appropriations account for fiscal year 2009 shall be allocated to
projects on a priority basis established under a comprehensive capital
needs assessment.
National Credit Union Administration
central liquidity facility
During fiscal year 2008, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq.,
[[Page 121 STAT. 2008]]
shall not exceed $1,500,000,000: Provided, That administrative expenses
of the Central Liquidity Facility in fiscal year 2008 shall not exceed
$329,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $975,000 shall be available
until September 30, 2009 for technical assistance to low-income
designated credit unions.
Office of Government Ethics
Salaries and Expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, and
the Ethics Reform Act of 1989, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $11,750,000.
Office of Personnel Management
Salaries and Expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $101,765,000, of which
$5,991,000 shall remain available until expended for the Enterprise
Human Resources Integration project; $1,351,000 shall remain available
until expended for the Human Resources Line of Business project;
$340,000 shall remain available until expended for the E-Payroll
project; and $170,000 shall remain available until expended for the E-
Training program; and in addition $123,901,000 for administrative
expenses, to be transferred from the appropriate trust funds of the
Office of Personnel Management without regard to other statutes,
including direct procurement of printed materials, for the retirement
and insurance programs, of which $26,965,000 shall remain available
until expended for the cost of automating the retirement recordkeeping
systems: Provided, That the provisions of this appropriation shall not
affect the authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation shall be
available for salaries and expenses
[[Page 121 STAT. 2009]]
of the Legal Examining Unit of the Office of Personnel Management
established pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2008, accept donations
of money, property, and personal services: Provided further, That such
donations, including those from prior years, may be used for the
development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,519,000, and in addition, not to exceed $17,081,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
such sums as may be necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, <<NOTE: 33 USC 776.>> That annuities authorized by
the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771-
775), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
[[Page 121 STAT. 2010]]
Office of Special Counsel
Salaries and Expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $17,468,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $906,000,000, to remain available until
expended; of which not to exceed $20,000 may be used toward funding a
permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such meetings;
and (3) any other related lodging or subsistence: Provided, That fees
and charges authorized by sections 6(b) of the Securities Exchange Act
of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be
credited to this account as offsetting collections: Provided further,
That not to exceed $842,738,000 of such offsetting collections shall be
available until expended for necessary expenses of this account:
Provided further, That $63,262,000 shall be derived from prior year
unobligated balances from funds previously appropriated to the
Securities and Exchange Commission: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2008 shall be reduced as such offsetting fees are received so as to
result in a final total fiscal year 2008 appropriation from the general
fund estimated at not more than $0.
[[Page 121 STAT. 2011]]
Selective Service System
Salaries and Expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$22,000,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary in the
interest of national defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection with the
induction of any person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108-447, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $344,123,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That $97,120,000 shall be
available to fund grants for performance in fiscal year 2008 or fiscal
year 2009 as authorized.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$15,000,000.
surety bond guarantees revolving fund
For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act of 1958,
$3,000,000, to remain available until expended.
business loans program account
(including transfers of funds)
For the cost of direct loans, $2,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during
[[Page 121 STAT. 2012]]
fiscal year 2008 commitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958 shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2008 commitments for general
business loans authorized under section 7(a) of the Small Business Act,
shall not exceed $17,500,000,000: Provided further, That during fiscal
year 2008 commitments to guarantee loans for debentures under section
303(b) of the Small Business Investment Act of 1958, shall not exceed
$3,000,000,000: Provided further, That during fiscal year 2008,
guarantees of trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of $12,000,000,000. In
addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $135,414,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 610 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 531. <<NOTE: Disaster assistance. Alaska. North
Dakota. Nevada.>> All disaster loans issued in Alaska or North Dakota
shall be administered by the Small Business Administration and shall not
be sold during fiscal year 2008.
Sec. 532. (a) Funds made available under section 613 of Public Law
109-108 (119 Stat. 2338) for Nevada's Commission on Economic Development
shall be made available to the Nevada Center for Entrepreneurship and
Technology (CET).
(b) <<NOTE: Tennessee.>> Funds made available under section 613 of
Public Law 109-108 for the Chattanooga Enterprise Center shall be made
available to the University of Tennessee at Chattanooga.
Sec. 533. Public Law 110-28 (121 Stat. 155) is amended in the second
paragraph of chapter 4 of title IV by inserting before ``$25,000,000''
the phrase ``up to''.
Sec. 534. For an additional amount under the heading ``Small
Business Administration, Salaries and Expenses'', $69,451,000, to remain
available until September 30, 2009, shall be for initiatives related to
small business development and entrepreneurship, including programmatic
and construction activities: Provided, That amounts made available under
this section shall be provided in accordance with the terms and
conditions as specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
United States Postal Service
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $117,864,000,
[[Page 121 STAT. 2013]]
of which $88,864,000 shall not be available for obligation until October
1, 2008: Provided, <<NOTE: Mail.>> That mail for overseas voting and
mail for the blind shall continue to be free: Provided further, That 6-
day delivery and rural delivery of mail shall continue at not less than
the 1983 level: Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of any State
or local child support enforcement agency, or any individual
participating in a State or local program of child support enforcement,
a fee for information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds provided in
this Act shall be used to consolidate or close small rural and other
small post offices in fiscal year 2008.
United States Tax Court
Salaries and Expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $45,326,000: Provided, That
travel expenses of the judges shall be paid upon the written certificate
of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. Such sums as may be necessary for fiscal year 2008 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 602. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 603. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 604. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 605. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 606. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
[[Page 121 STAT. 2014]]
Sec. 607. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within
90 days after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 608. No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assistance
the entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
Sec. 609. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 610. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2008, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates or reorganizes offices, programs, or activities unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That prior to any significant reorganization
or restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, <<NOTE: Deadline. Reports.>> 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
[[Page 121 STAT. 2015]]
per day for each day after the required date that the report has not
been submitted to the Congress.
Sec. 611. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2008 from appropriations made available for salaries and
expenses for fiscal year 2008 in this Act, shall remain available
through September 30, 2009, for each such account for the purposes
authorized: Provided, That a <<NOTE: Request.>> request shall be
submitted to the Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
Sec. 612. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 613. The cost accounting standards promulgated under section 26
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41
U.S.C. 422) shall not apply with respect to a contract under the Federal
Employees Health Benefits Program established under chapter 89 of title
5, United States Code.
Sec. 614. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 615. <<NOTE: Abortion.>> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 616. The provision of section 615 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 617. Notwithstanding any other provision of law, for fiscal
years 2008 and 2009, neither the Board of Governors of the Federal
Reserve System nor the Secretary of the Treasury may determine, by rule,
regulation, order, or otherwise, for the purposes of section 4(K) of the
Bank Holding Company Act of 1956, or section 5136A of the Revised
Statutes of the United States, that real estate brokerage activity or
real estate management activity (which for purposes of this paragraph
shall be defined to mean ``real estate brokerage'' and ``property
management'' respectively, as those terms were understood by the Federal
Reserve Board prior to March 11, 2000) is an activity that is financial
in nature, is incidental to any financial activity, or is complementary
to a financial activity. For purposes of this paragraph, ``real estate
brokerage activity'' shall mean ``real estate brokerage'', and ``real
estate management activity'' shall mean ``property management'' as those
terms were understood by the Federal Reserve Board prior to March 11,
2000.
[[Page 121 STAT. 2016]]
Sec. 618. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
Sec. 619. Notwithstanding section 10(b) of the Harry S Truman
Memorial Scholarship Act <<NOTE: 20 USC 2009a.>> (20 U.S.C. 2009(b)),
hereafter, at the request of the Board of Trustees of the Harry S Truman
Scholarship Foundation, it shall be the duty of the Secretary of the
Treasury to invest in full the amounts appropriated and contributed to
the Harry S Truman Memorial Scholarship Trust Fund, as provided in such
section. All requests of the Board of Trustees to the Secretary provided
for in this section shall be binding on the Secretary.
Sec. 620. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization exempt from
taxation pursuant to section 501(c)(3) of the Internal Revenue Code of
1986.
Sec. 621. None of the funds made available by this Act may be used
by the Federal Communications Commission to implement the Fairness
Doctrine, as repealed in General Fairness Doctrine Obligations of
Broadcast Licensees (50 Fed. Reg. 35418 (1985)), or any other
regulations having the same substance.
Sec. 622. Section 5112 of title 31, United States Code, is amended
by adding at the end the following new subsection:
``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring
the District of Columbia and Each of the Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2) and
subject to paragraph (6)(B), quarter dollar coins issued
during 2009, shall have designs on the reverse side
selected in accordance with this subsection which are
emblematic of the District of Columbia and the
territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars issued
during 2009 in which--
``(i) the inscription described in the second
sentence of subsection (d)(1) appears on the
reverse side of any such quarter dollars; and
``(ii) any inscription described in the third
sentence of subsection (d)(1) or the designation
of the value of the coin appears on the obverse
side of any such quarter dollars.
[[Page 121 STAT. 2017]]
``(2) Single district or territory design.--The
design on the reverse side of each quarter dollar issued
during 2009 shall be emblematic of one of the following:
The District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6 designs
required under this subsection for quarter dollars
shall be--
``(i) selected by the Secretary
after consultation with--
``(I) the chief executive of
the District of Columbia or the
territory being honored, or such
other officials or group as the
chief executive officer of the
District of Columbia or the
territory may designate for such
purpose; and
``(II) the Commission of
Fine Arts; and
``(ii) reviewed by the
Citizens Coinage Advisory
Committee.
``(B) Selection and approval process.--Designs
for quarter dollars may be submitted in accordance
with the design selection and approval process
developed by the Secretary in the sole discretion
of the Secretary.
``(C) Participation.--The Secretary may
include participation by District or territorial
officials, artists from the District of Columbia
or the territory, engravers of the United States
Mint, and members of the general public.
``(D) Standards.--Because it is important that
the Nation's coinage and currency bear dignified
designs of which the citizens of the United States
can be proud, the Secretary shall not select any
frivolous or inappropriate design for any quarter
dollar minted under this subsection.
``(E) Prohibition on certain
representations.--No head and shoulders portrait
or bust of any person, living or dead, and no
portrait of a living person may be included in the
design of any quarter dollar under this
subsection.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (4) in uncirculated and proof
qualities as the Secretary determines to be appropriate.
``(B) Silver coins.--Notwithstanding subsection (b),
the Secretary may mint and issue such number of quarter
dollars of each design selected under paragraph (4) as
the Secretary determines to be appropriate, with a
content of 90 percent silver and 10 percent copper.
``(C) Timing and order of issuance.--Coins minted
under this subsection honoring the District of Columbia
[[Page 121 STAT. 2018]]
and each of the territories shall be issued in equal
sequential intervals during 2009 in the following order:
the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a
state.--If the District of Columbia or any territory
becomes a State before the end of the 10-year period
referred to in subsection (l)(1), subsection (l)(7)
shall apply, and this subsection shall not apply, with
respect to such State.
``(B) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be
a territory or possession of the United States before
quarter dollars bearing designs which are emblematic of
such territory are minted pursuant to this subsection,
this subsection shall cease to apply with respect to
such territory.
``(7) Territory defined.--For purposes of this subsection,
the term `territory' means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
Sec. 623. (a) In General.--Section 5112(n)(2) of title 31, United
States Code, is amended--
(1) in subparagraph (C)(i)--
(A) by striking ``inscriptions'' and inserting
``inscription''; and
(B) by striking ``and `In God We Trust' ''; and
(2) by adding at the end the following new subparagraph:
``(F) Inscription of `in god we trust'.--The design
on the obverse or the reverse shall bear the inscription
`In God We Trust'.''.
(b) Conforming Amendment.--Section 5112(r)(2) of title 31, United
States Code, is amended--
(1) in subparagraph (C)(i)--
(A) by striking ``inscriptions'' and inserting
``inscription''; and
(B) by striking ``and `In God We Trust' ''; and
(2) by adding at the end the following new subparagraph:
``(E) Inscription of `in god we trust'.--The design
on the obverse or the reverse shall bear the inscription
`In God We Trust'.''.
(c) Effective <<NOTE: 31 USC 5112 note.>> Date.--The change required
by the amendments made by subsections (a) and (b) shall be put into
effect by the Secretary of the Treasury as soon as is practicable after
the date of enactment of this Act.
Sec. 624. There is hereby appropriated $600,000, to remain available
until expended, for the Christopher Columbus Fellowship Foundation,
established by Section 423 of Public Law 102-281.
[[Page 121 STAT. 2019]]
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. <<NOTE: 5 USC 5742 note.>> Hereafter, funds appropriated
in this or any other Act may be used to pay travel to the United States
for the immediate family of employees serving abroad in cases of death
or life threatening illness of said employee.
Sec. 702. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2008 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 703. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $12,888 except station wagons for which the maximum
shall be $13,312: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set forth
in this section may not be exceeded by more than 5 percent for electric
or hybrid vehicles purchased for demonstration under the provisions of
the Electric and Hybrid Vehicle Research, Development, and Demonstration
Act of 1976: Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles.
Sec. 704. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 705. <<NOTE: 5 USC 5101 note.>> 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;
[[Page 121 STAT. 2020]]
(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the
United States after January 1, 1975; or (6) is a national of the
People's Republic of China who qualifies for adjustment of status
pursuant to the Chinese Student Protection Act of 1992 (Public Law 102-
404): Provided, <<NOTE: Affidavit.>> That for the purpose of this
section, an affidavit signed by any such person shall be considered
prima facie evidence that the requirements of this section with respect
to his or her status have been complied <<NOTE: Penalties.>> with:
Provided further, That any person making a false affidavit shall be
guilty of a felony, and, upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action by the
Federal Government. This section shall not apply to citizens of Ireland,
Israel, or the Republic of the Philippines, or to nationals of those
countries allied with the United States in a current defense effort, or
to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies.
Sec. 706. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 707. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 708. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the
[[Page 121 STAT. 2021]]
event any functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 709. <<NOTE: 5 USC note prec. 5501.>> Hereafter, no part of any
appropriation contained in this or any other Act shall be paid to any
person for the filling of any position for which he or she has been
nominated after the Senate has voted not to approve the nomination of
said person.
Sec. 710. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 711. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 712. <<NOTE: 5 USC 5343 note.>> (a) Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2008, by this or
any other Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2008, in
an amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal
year 2008, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2008 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2008 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) <<NOTE: Regulations.>> 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.
[[Page 121 STAT. 2022]]
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 2007, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
(e) <<NOTE: Applicability.>> This section shall apply with respect
to pay for service performed after September 30, 2007.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 713. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on Appropriations.
For the purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as any other
space used primarily by the individual or the use of which is directly
controlled by the individual.
Sec. 714. Notwithstanding section 1346 of title 31, United States
Code, or section 710 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 715. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
[[Page 121 STAT. 2023]]
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 716. <<NOTE: 5 USC 7201 note.>> Hereafter, no department,
agency, or instrumentality of the United States receiving appropriated
funds under this or any other Act shall obligate or expend any such
funds, unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy designed
to ensure that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not in violation of
title VII of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat.
241), the Age Discrimination in Employment Act of 1967 (Public Law 90-
202, 81 Stat. 602), and the Rehabilitation Act of 1973 (Public Law 93-
112, 87 Stat. 355).
Sec. 717. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 718. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
[[Page 121 STAT. 2024]]
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 719. No funds appropriated in this or any other Act may be used
to implement or enforce the agreements in Standard Forms 312 and 4414 of
the Government or any other nondisclosure policy, form, or agreement if
such policy, form, or agreement does not contain the following
provisions: ``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by Executive Order No. 12958; section
7211 of title 5, United States Code (governing disclosures to Congress);
section 1034 of title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to Congress by
members of the military); section 2302(b)(8) of title 5, United States
Code, as amended by the Whistleblower Protection Act (governing
disclosures of illegality, waste, fraud, abuse or public health or
safety threats); the Intelligence Identities Protection Act of 1982 (50
U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which protect against
disclosure that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes are
incorporated into this agreement and are controlling.'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress, or to
an authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial violation of law.
Sec. 720. No part of any funds appropriated in this or any other Act
shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio,
[[Page 121 STAT. 2025]]
television, or film presentation designed to support or defeat
legislation pending before the Congress, except in presentation to the
Congress itself.
Sec. 721. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 722. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.
Sec. 723. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. 724. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under section 105
of title 5, United States Code;
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 725. Notwithstanding 31 U.S.C. 1346 and section 710 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council for
financial management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital Officers
Council for human capital initiatives, and the Chief Acquisition
Officers Council for procurement initiatives): Provided further, That
[[Page 121 STAT. 2026]]
the total funds transferred or reimbursed shall not exceed $10,000,000:
Provided further, <<NOTE: Transfer date. Notification.>> That such
transfers or reimbursements may only be made after 15 days following
notification of the Committees on Appropriations by the Director of the
Office of Management and Budget.
Sec. 727. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on Federal
property, if the woman and her child are otherwise authorized to be
present at the location.
Sec. 728. Notwithstanding section 1346 of title 31, United States
Code, or section 710 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities:
Provided, <<NOTE: Reports. Deadline.>> That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science, and the
Senate Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
Sec. 729. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 730. Section 403(f) of the Government Management Reform Act of
1994 (31 U.S.C. 501 note; Public Law 103-356) is amended to read as
follows:
``(f) Termination of Certain Authority.--The authority of the
Secretary of Homeland Security to carry out a pilot program under this
section shall terminate on October 1, 2008.''.
Sec. 731. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
[[Page 121 STAT. 2027]]
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 732. <<NOTE: Contracts. Contraceptives.>> (a) None of the funds
appropriated by this Act may be used to enter into or renew a contract
which includes a provision providing prescription drug coverage, except
where the contract also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) <<NOTE: Abortion.>> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 733. <<NOTE: Sports. Drugs and drug abuse.>> The Congress of
the United States recognizes the United States Anti-Doping Agency
(USADA) as the official anti-doping agency for Olympic, Pan American,
and Paralympic sport in the United States.
Sec. 734. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 735. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 736. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center
[[Page 121 STAT. 2028]]
is authorized to obtain the temporary use of additional facilities by
lease, contract, or other agreement for training which cannot be
accommodated in existing Center facilities.
Sec. 737. <<NOTE: Reports. Justification materials. 44 USC 3601
note.>> (a) For fiscal year 2008, no funds shall be available for
transfers or reimbursements to the E-Government initiatives sponsored by
the Office of Management and Budget prior to 15 days following
submission of a report to the Committees on Appropriations by the
Director of the Office of Management and Budget and receipt of approval
to transfer funds by the House and Senate Committees on Appropriations.
(b) Hereafter, any funding request for a new or ongoing E-Government
initiative by any agency or agencies managing the development of an
initiative shall include in justification materials submitted to the
House and Senate Committees on Appropriations the information in
subsection (d).
(c) Hereafter, any funding request by any agency or agencies
participating in the development of an E-Government initiative and
contributing funding for the initiative shall include in justification
materials submitted to the House and Senate Committees on
Appropriations--
(1) the amount of funding contributed to each initiative by
program office, bureau, or activity, as appropriate; and
(2) the relevance of that use to that department or agency
and each bureau or office within, which is contributing funds.
(d) The report in (a) and justification materials in (b) shall
include at a minimum--
(1) a description of each initiative including but not
limited to its objectives, benefits, development status, risks,
cost effectiveness (including estimated net costs or savings to
the government), and the estimated date of full operational
capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(e) No funds shall be available for obligation or expenditure for
new E-Government initiatives without the explicit approval of the House
and Senate Committees on Appropriations.
Sec. 738. Notwithstanding section 1346 of title 31, United States
Code, and section 710 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below, and
shall submit budget requests for such purposes. These funds shall be
administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant to
an operational agreement with the Department of the Interior for the
entirety of fiscal year 2008 and any period thereafter that precedes the
enactment of the Financial Services and General
[[Page 121 STAT. 2029]]
Government Appropriations Act, 2009. The Director of the Office of
Management and Budget shall mandate the necessary transfers after
determining an equitable allocation between the appropriate executive
departments and agencies of the responsibility for funding the
continuous operation of the Midway Atoll Airfield based on, but not
limited to, potential use, interest in maintaining aviation safety, and
applicability to governmental operations and agency mission. The total
funds transferred or reimbursed shall not exceed $6,000,000 for any
twelve-month period. Such sums shall be sufficient to ensure continued
operation of the airfield throughout the period cited above. Funds shall
be available for operation of the airfield or airfield-related capital
upgrades. <<NOTE: Notification. Deadlines.>> The Director of the Office
of Management and Budget shall notify the Committees on Appropriations
of such transfers or reimbursements within 15 days of this Act. Such
transfers or reimbursements shall begin within 30 days of enactment of
this Act.
Sec. 739. <<NOTE: 31 USC 501 note.>> (a) Requirement for Public-
Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be available
to convert to contractor performance an activity or function of
an executive agency that, on or after the date of enactment of
this Act, is performed by more than 10 Federal employees
unless--
(A) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan developed
by such activity or function;
(B) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
executive agency by an amount that equals or exceeds the
lesser of--
(i) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(ii) $10,000,000; and
(C) the contractor does not receive an advantage for
a proposal that would reduce costs for the Federal
Government by--
(i) not making an employer-sponsored health
insurance plan available to the workers who are to
be employed in the performance of that activity or
function under the contract;
(ii) offering to such workers an employer-
sponsored health benefits plan that requires the
employer to contribute less towards the premium or
subscription share than the amount that is paid by
the Federal Government for health benefits for
civilian employees under chapter 89 of title 5,
United States Code; or
(iii) offering to such workers a retirement
benefit that in any year costs less than the
annual retirement cost factor applicable to
Federal employees under chapter 84 of title 5,
United States Code.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
[[Page 121 STAT. 2030]]
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that--
(i) is included on the procurement list
established pursuant to section 2 of the Javits-
Wagner-O'Day Act (41 U.S.C. 47); or
(ii) is planned to be converted to performance
by a qualified nonprofit agency for the blind or
by a qualified nonprofit agency for other severely
handicapped individuals in accordance with that
Act;
(D) depot contracts or contracts for depot
maintenance as provided in sections 2469 and 2474 of
title 10, United States Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the
date of enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office of
Management and Budget Circular A-76 shall prevent the head of an
executive agency from conducting a public-private competition to
evaluate the benefits of converting work from contract performance to
performance by Federal employees in appropriate instances. The Circular
shall provide procedures and policies for these competitions that are
similar to those applied to competitions that may result in the
conversion of work from performance by Federal employees to performance
by a contractor.
(c) Bid Protests by Federal Employees in Actions Under Office of
Management and Budget Circular A-76.--
(1) Eligibility to protest.--
(A) Section 3551(2) of title 31, United States Code,
is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation
or other request for offers described in paragraph (1),
means an actual or prospective bidder or offeror whose
direct economic interest would be affected by the award
of the contract or by failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular
A-76 regarding performance of an activity or function of
a Federal agency, or a decision to convert a function
performed by Federal employees to private sector
performance without a competition under OMB Circular A-
76, includes--
``(i) any official who submitted the agency
tender in such competition; and
``(ii) any one person who, for the purpose of
representing them in a protest under this
subchapter that relates to such competition, has
been designated as their agent by a majority of
the employees of such Federal agency who are
engaged in the performance of such activity or
function.''.
(B)(i) Subchapter V of chapter 35 of such title is
amended by adding at the end the following new section:
``Sec. 3557. Expedited action in protests for public-private
competitions
``For protests in cases of public-private competitions conducted
under Office of Management and Budget Circular A-76 regarding
[[Page 121 STAT. 2031]]
performance of an activity or function of Federal agencies, the
Comptroller General shall administer the provisions of this subchapter
in a manner best suited for expediting final resolution of such protests
and final action in such competitions.''.
(ii) The chapter analysis at the beginning of such
chapter is amended by inserting after the item relating
to section 3556 the following new item:
``3557. Expedited action in protests for public-private competitions''.
(2) Right to intervene in civil action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If a private sector interested party commences an action
described in paragraph (1) in the case of a public-private competition
conducted under Office of Management and Budget Circular A-76 regarding
performance of an activity or function of a Federal agency, or a
decision to convert a function performed by Federal employees to private
sector performance without a competition under Office of Management and
Budget Circular A-76, then an official or person described in section
3551(2)(B) of title 31 shall be entitled to intervene in that action.''.
(3) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by paragraph (1)), and
paragraph (5) of section 1491(b) of title 28, United States Code
(as added by paragraph (2)), shall apply to--
(A) protests and civil actions that challenge final
selections of sources of performance of an activity or
function of a Federal agency that are made pursuant to
studies initiated under Office of Management and Budget
Circular A-76 on or after January 1, 2004; and
(B) any other protests and civil actions that relate
to public-private competitions initiated under Office of
Management and Budget Circular A-76, or a decision to
convert a function performed by Federal employees to
private sector performance without a competition under
Office of Management and Budget Circular A-76, on or
after the date of the enactment of this Act.
(d) Limitation.--(1) None of the funds available in this Act may be
used--
(A) by the Office of Management and Budget to direct or
require another agency to take an action specified in paragraph
(2); or
(B) by an agency to take an action specified in paragraph
(2) as a result of direction or requirement from the Office of
Management and Budget.
(2) An action specified in this paragraph is the preparation for,
undertaking, continuation of, or completion of a public-private
competition or direct conversion under Office of Management and Budget
Circular A-76 or any other administrative regulation, directive, or
policy.
(e) Applicability.--This section shall apply with respect to fiscal
year 2008 and each succeeding fiscal year.
Sec. 740. <<NOTE: Pay increase. Applicability. Effective date. 5 USC
5303 note.>> (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
[[Page 121 STAT. 2032]]
and shall apply to civilian employees in the Department of Defense who
are represented by a labor organization as defined in 5 U.S.C.
7103(a)(4), and such adjustments shall be effective as of the first day
of the first applicable pay period beginning on or after January 1,
2008. Civilian employees in the Department of Defense who are eligible
to be represented by a labor organization as defined in 5 U.S.C.
7103(a)(4), but are not so represented, will receive the adjustment
provided for in this section unless the positions are entitled to a pay
adjustment under 5 U.S.C. 9902.
(b) Notwithstanding section 712 of this Act, the adjustment in rates
of basic pay for the statutory pay systems that take place in fiscal
year 2008 under sections 5344 and 5348 of title 5, United States Code,
shall be no less than the percentage in paragraph (a) as employees in
the same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5, United
States Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and 5304 of
title 5 and prevailing rate employees described in section 5343(a)(5) of
title 5 shall be considered to be located in the pay locality designated
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of
this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2008.
Sec. 741. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 742. (a) None of the funds made available in this Act may be
used in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) and regulations implementing that
section.
(b) Section 522 of division H of the Consolidated Appropriations
Act, 2005 (Public Law 108-447; 118 Stat. 3268; <<NOTE: 42 USC 2000e-
2.>> 5 U.S.C. 552a note) is amended by striking subsection (d) and
inserting the following:
``(d) Inspector <<NOTE: Reports.>> General Review.--The Inspector
General of each agency shall periodically conduct a review of the
agency's implementation of this section and shall report the results of
its review to the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Oversight and
Government Reform, and the Senate Committee on Homeland Security and
Governmental Affairs. The report required by this review may be
incorporated into a related report to Congress otherwise required by law
including, but not limited to, 44 U.S.C. 3545, the Federal Information
Security Management Act of 2002. The Inspector General may contract with
an independent, third party organization to conduct the review.''.
Sec. 743. <<NOTE: 5 USC 5701 note.>> 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
[[Page 121 STAT. 2033]]
terms are defined in section 603 of the Fair Credit Reporting Act
(Public Law 91-508): Provided, That section 604(a)(3) of such
Act <<NOTE: 15 USC 1681b.>> shall be amended by adding to the end the
following:
``(G) executive departments and agencies in
connection with the issuance of government-sponsored
individually-billed travel charge cards.'':
Provided further, That the department or agency may not issue a
government travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit history as a
result of this evaluation: Provided further, That this restriction shall
not preclude issuance of a restricted-use charge, debit, or stored value
card made in accordance with agency procedures to: (1) an individual
with an unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the card; or (2)
an individual who lacks a credit history. Each executive department and
agency shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper, fraudulent,
or abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the official business
of the Department or agency or with applicable standards of conduct.
Sec. 744. Crosscut Budget. (a) Definitions.--For purposes of this
section the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) Report.--Not later than 30 days after submission of the budget
of the President to Congress, the Director of the Office of Management
and Budget, in coordination with the Governor of each Great Lakes State
and the Great Lakes Interagency Task Force, shall submit to the
appropriate authorizing and appropriating committees of the Senate and
the House of Representatives a financial report, certified by the
Secretary of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each
of the Federal agencies that carries out Great Lakes
restoration activities in the upcoming fiscal year,
separately reporting the amount of funding to be
provided under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since fiscal year
2004 by the Federal Government and State governments for
Great Lakes restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent available,
State
[[Page 121 STAT. 2034]]
agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with the
Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 745. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of
such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that the
waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 746. <<NOTE: Website. 5 USC app. 6 note.>> (a) Each executive
department and agency shall establish and maintain on the homepage of
its website, an obvious, direct link to the website of its respective
Inspector General.
(b) Each Office of Inspector General shall: (1) post on its website
any public report or audit or portion of any report or audit issued
within one day of its release; (2) provide a service on its website to
allow an individual to request automatic receipt of information relating
to any public report or audit or portion of that report or audit and
which permits electronic transmittal of the information, or notice of
the availability of the information without further request; and (3)
establish and maintain a direct link on its website for individuals to
anonymously report waste, fraud and abuse.
Sec. 747. (a) None of the funds available under this or any other
Act may be used to carry out a public-private competition or direct
conversion under Office of Management and Budget (OMB) Circular A-76, or
any successor regulation, directive or policy, relating to the Human
Resources Lines of Business initiative until 60 days after the Director
of the Office of Management and Budget submits to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the use of public-private competitions and direct conversion to
contractor performance as part of the Human Resources Lines of Business
initiative.
(b) The report required by this section shall address the following:
(1) The role, if any, that public-private competitions under
Circular A-76 or direct conversions to contractor performance
are expected to play as part of the Human Resources Lines of
Business initiative.
(2) The expected impact, if any, of the initiative on
employment levels at the Federal agencies involved or across the
Federal Government as a whole.
[[Page 121 STAT. 2035]]
(3) An estimate of the annual and recurring savings the
initiative is expected to generate and a description of the
methodology used to derive that estimate.
(4) An estimate of the total transition costs attributable
to the initiative.
(5) Guidance for use by agencies in evaluating the benefits
of the initiative and in developing alternative strategies
should expected benefits fail to materialize.
(c) <<NOTE: Records. Deadline.>> The Director of the Office of
Management and Budget shall provide a copy of the report to the
Government Accountability Office at the same time the report is
submitted to the Committees on Appropriations of the House of
Representatives and the Senate. The Government Accountability Office
shall review the report and brief the Committees on its views concerning
the report within 45 days after receiving the report from the Director.
Sec. 748. <<NOTE: Deadline. Records. 41 USC 405 note.>> No later
than 180 days after enactment of this Act, the Office of Management and
Budget shall establish a pilot program to develop and implement an
inventory to track the cost and size (in contractor manpower
equivalents) of service contracts, particularly with respect to
contracts that have been performed poorly by a contractor because of
excessive costs or inferior quality, as determined by a contracting
officer within the last five years, involve inherently governmental
functions, or were undertaken without competition. The pilot program
shall be established in at least three Cabinet-level departments, based
on varying levels of annual contracting for services, as reported by the
Federal Procurement Data System's Federal Procurement Report for fiscal
year 2005, including at least one Cabinet-level department that
contracts out annually for $10,000,000,000 or more in services, at least
one Cabinet-level department that contracts out annually for between
$5,000,000,000 and $9,000,000,000 in services, and at least one Cabinet-
level department that contracts out annually for under $5,000,000,000 in
services.
Sec. 749. <<NOTE: 28 USC 461 note.>> Except as expressly provided
otherwise, any reference to ``this Act'' contained in any title other
than title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sec. 801. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 802. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor, or, in the case of the Council of the District of Columbia, funds
may be expended with the authorization of the Chairman of the Council.
Sec. 803. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
[[Page 121 STAT. 2036]]
Sec. 804. (a) None of the Federal funds provided in this Act shall
be used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
title to carry out lobbying activities on any matter.
Sec. 805. (a) None of the funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2008, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) <<NOTE: Notice. Deadlines. Reports.>> increases by 20
percent or more personnel assigned to a specific program,
project or responsibility center,
unless in the case of Federal funds, the Committees on Appropriations of
the House of Representatives and Senate are notified in writing 15 days
in advance of the reprogramming and in the case of local funds, the
Committees on Appropriations of the House of Representatives and Senate
are provided summary reports on April 1, 2008 and October 1, 2008,
setting forth detailed information regarding each such local funds
reprogramming conducted subject to this subsection.
(b) None of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a transfer of any
local funds in excess of $3,000,000 from one appropriation heading to
another unless the Committees on Appropriations of the House of
Representatives and Senate are provided summary reports on April 1, 2008
and October 1, 2008, setting forth detailed information regarding each
reprogramming conducted subject to this subsection, except that in no
event may the amount of any funds transferred exceed 4 percent of the
local funds in the appropriations.
(c) The District of Columbia Government is authorized to approve and
execute reprogramming and transfer requests of local funds under this
title through December 1, 2008.
Sec. 806. Consistent with the provisions of section 1301(a) of title
31, United States Code, appropriations under this Act shall be applied
only to the objects for which the appropriations were made except as
otherwise provided by law.
Sec. 807. Notwithstanding section 8344(a) of title 5, United States
Code, the amendment made by section 2 of the District Government
Reemployed Annuitant Offset Elimination Amendment Act of 2004 (D.C. Law
15-207) shall apply with respect to any
[[Page 121 STAT. 2037]]
individual employed in an appointive or elective position with the
District of Columbia government after December 7, 2004.
Sec. 808. <<NOTE: Deadline.>> No later than 30 days after the end of
the first quarter of fiscal year 2008, the Mayor of the District of
Columbia shall submit to the Council of the District of Columbia and the
Committees on Appropriations of the House of Representatives and Senate
the new fiscal year 2008 revenue estimates as of the end of such
quarter. These estimates shall be used in the budget request for fiscal
year 2009. The officially revised estimates at midyear shall be used for
the midyear report.
Sec. 809. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 810. <<NOTE: Cohabiting couples.>> None of the Federal funds
made available in this Act may be used to implement or enforce the
Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C.
Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce
any system of registration of unmarried, cohabiting couples, including
but not limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis that
such benefits are extended to legally married couples.
Sec. 811. (a) Notwithstanding any other provision of this Act, the
Mayor, in consultation with the Chief Financial Officer of the District
of Columbia may accept, obligate, and expend Federal, private, and other
grants received by the District government that are not reflected in the
amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be obligated, or
expended pursuant to subsection (a) until--
(A) <<NOTE: Reports.>> the Chief Financial Officer of the
District of Columbia submits to the Council a report setting
forth detailed information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) <<NOTE: Notice. Deadlines.>> For purposes of paragraph (1)(B),
the Council shall be deemed to have reviewed and approved the
obligation, and expenditure of a grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar days
of the initial receipt of the report from the Chief Financial
Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general fund or
other funds of the District of Columbia government in anticipation of
the approval or receipt of a grant under subsection (b)(2) or in
anticipation of the approval or receipt of a Federal, private, or other
grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia may
adjust the budget for Federal, private, and other grants
[[Page 121 STAT. 2038]]
received by the District government reflected in the amounts
appropriated in this title, or approved and received under subsection
(b)(2) to reflect a change in the actual amount of the grant.
(e) <<NOTE: Reports. Deadlines.>> The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting forth
detailed information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted to the
Council of the District of Columbia and to the Committees on
Appropriations of the House of Representatives and Senate not later than
15 days after the end of the quarter covered by the report.
Sec. 812. (a) Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official duties. For
purposes of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the Fire
Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
(b) <<NOTE: Deadline. Records.>> The Chief Financial Officer of the
District of Columbia shall submit by March 1, 2008, an inventory, as of
September 30, 2007, of all vehicles owned, leased or operated by the
District of Columbia government. The inventory shall include, but not be
limited to, the department to which the vehicle is assigned; the year
and make of the vehicle; the acquisition date and cost; the general
condition of the vehicle; annual operating and maintenance costs;
current mileage; and whether the vehicle is allowed to be taken home by
a District officer or employee and if so, the officer or employee's
title and resident location.
Sec. 813. <<NOTE: Voting rights.>> (a) None of the Federal funds
contained in this Act may be used by the District of Columbia
Corporation Counsel or any other officer or entity of the District
government to provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting representation in
Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
Sec. 814. <<NOTE: Needle distribution.>> 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.
[[Page 121 STAT. 2039]]
Sec. 815. <<NOTE: Effective date.>> 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 <<NOTE: Deadlines. Records.>> submitted:
Provided, That the Chief Financial Officer of the District of Columbia
shall provide to the Committees on Appropriations of the House of
Representatives and Senate by April 1, 2008 and October 1, 2008, a
summary list showing each report, the due date, and the date submitted
to the Committees.
Sec. 816. <<NOTE: Contraceptives.>> Nothing in this Act may be
construed to prevent the Council or Mayor of the District of Columbia
from addressing the issue of the provision of contraceptive coverage by
health insurance plans, but it is the intent of Congress that any
legislation enacted on such issue should include a ``conscience clause''
which provides exceptions for religious beliefs and moral convictions.
Sec. <<NOTE: Reports.>> 817. The Mayor of the District of Columbia
shall submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Oversight and Government
Reform of the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate annual reports
addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps taken
to improve monitoring and supervision of halfway house residents
to reduce the number of escapes to be provided in consultation
with the Court Services and Offender Supervision Agency for the
District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District failed
to spend the amounts received; and
(7) indicators of child well-being.
Sec. 818. <<NOTE: Deadline. Budget.>> (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
[[Page 121 STAT. 2040]]
of Congress, the Mayor, and the Council of the District of Columbia a
revised appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia government for
fiscal year 2008 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal-services, respectively, with anticipated actual
expenditures.
(b) <<NOTE: Applicability.>> This section shall apply only to an
agency where the Chief Financial Officer of the District of Columbia
certifies that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 819. (a) None of the funds contained in this Act may be made
available to pay--
(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action brought against the
District of Columbia Public Schools under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess of
$4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a
pecuniary interest, either through an attorney, officer, or
employee of the firm, in any special education diagnostic
services, schools, or other special education service providers.
(b) In this section, the term ``action'' includes an administrative
proceeding and any ensuing or related proceedings before a court of
competent jurisdiction.
Sec. 820. The amount appropriated by this title may be increased by
no more than $100,000,000 from funds identified in the comprehensive
annual financial report as the District's fiscal year 2007 unexpended
general fund surplus. The District may obligate and expend these amounts
only in accordance with the following conditions:
(1) <<NOTE: Certification.>> The Chief Financial Officer of
the District of Columbia shall certify that the use of any such
amounts is not anticipated to have a negative impact on the
District's long-term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) <<NOTE: Notification. Deadline.>> 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.
[[Page 121 STAT. 2041]]
Sec. 821. (a) To account for an unanticipated growth of revenue
collections, the amount appropriated as District of Columbia Funds
pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year 2008 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in such
Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any increase in
the amount of funds authorized under this section only in accordance
with the following conditions:
(1) <<NOTE: Certification.>> The Chief Financial Officer of
the District of Columbia shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated
to have a negative impact on the long-term financial,
fiscal, or economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District of
Columbia in support of each such obligation and expenditure,
consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered receivership.
(4) <<NOTE: Notification. Deadline.>> The amounts may not be
obligated or expended unless the Mayor has notified the
Committees on Appropriations of the House of Representatives and
Senate not fewer than 30 days in advance of the obligation or
expenditure.
Sec. 822. <<NOTE: Contingency funds.>> The Chief Financial Officer
for the District of Columbia may, for the purpose of cash flow
management, conduct short-term borrowing from the emergency reserve fund
and from the contingency reserve fund established under section 450A of
the District of Columbia Home Rule Act (Public Law 98-198): Provided,
That the amount borrowed shall not exceed 50 percent of the total amount
of funds contained in both the emergency and contingency reserve funds
at the time of borrowing: Provided further, That the borrowing shall not
deplete either fund by more than 50 percent: Provided further, That 100
percent of the funds borrowed shall be replenished within 9 months of
the time of the borrowing or by the end of the fiscal year, whichever
occurs earlier: Provided further, That in the event that short-term
borrowing has been conducted and the emergency or the contingency funds
are later depleted below 50 percent as a result of an emergency or
contingency, an amount equal to the amount necessary to restore reserve
levels to 50 percent of the total amount of funds contained in both the
emergency and contingency reserve fund must be replenished from the
amount borrowed within 60 days.
Sec. 823. <<NOTE: Drugs and drug abuse.>> (a) None of the funds
contained in this Act may be used to enact or carry out any law, rule,
or regulation to legalize or otherwise reduce penalties associated with
the possession, use, or distribution of any schedule I substance under
the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
[[Page 121 STAT. 2042]]
(b) The Legalization of Marijuana for Medical Treatment Initiative
of 1998, also known as Initiative 59, approved by the electors of the
District of Columbia on November 3, 1998, shall not take effect.
Sec. 824. <<NOTE: Abortion.>> None of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 825. (a) Direct Appropriation.--Section 307(a) of the District
of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-
1607(a), D.C. Official Code) is amended by striking the first 2
sentences and inserting the following: ``There are authorized to be
appropriated to the Service in each fiscal year such funds as may be
necessary to carry out this chapter.''.
(b) Conforming Amendment.--Section 11233 of the Balanced Budget Act
of 1997 (sec. 24-133, D.C. Official Code) is amended by striking
subsection (f).
(e) Effective Date.--The amendments made by this section shall apply
with respect to fiscal year 2008 and each succeeding fiscal year.
Sec. 826. Amounts appropriated in this Act as operating funds may be
transferred to the District of Columbia's enterprise and capital funds
and such amounts, once transferred shall retain appropriation authority
consistent with the provisions of this Act.
Sec. 827. <<NOTE: Incorporation by reference.>> In fiscal year 2008
and thereafter, amounts deposited in the Student Enrollment Fund shall
be available for expenditure upon deposit and shall remain available
until expended consistent with the terms detailed in ``The Student
Funding Formula Assessment, Educational Data Warehouse, and Enrollment
Fund Establishment Amendment Act of 2007'' (title IV-D of D.C. Law L17-
0020) and the entire provisions of that Act are incorporated herein by
reference.
Sec. 828. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2008''.
DIVISION <<NOTE: Department of Homeland Security Appropriations Act,
2008.>> E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $97,353,000: Provided, That not
to exceed $40,000 shall be for official reception and
representation <<NOTE: Certification. Reports. Records. Deadline.>> expen
ses: Provided further, That $15,000,000 shall not be available for
obligation until the Secretary (1) certifies and reports to the
Committees on Appropriations of the Senate and the House of
Representatives that the
[[Page 121 STAT. 2043]]
Department has revised Departmental guidance with respect to relations
with the Government Accountability Office to specifically provide for:
(a) expedited timeframes for providing the Government Accountability
Office with access to records within 20 days from the date of request;
(b) expedited timeframes for interviews of program officials by the
Government Accountability Office after reasonable notice has been
furnished to the Department by the Government Accountability Office; and
(c) a significant streamlining of the review process for documents and
interview requests by liaisons, counsel, and program officials,
consistent with the objective that the Government Accountability Office
be given timely and complete access to documents and agency officials;
and (2) defines in a memorandum to all Department employees the roles
and responsibilities of the Department of Homeland Security Inspector
General: Provided further, That the Secretary shall make the revisions
to Departmental guidance with respect to relations with the Government
Accountability Office in consultation with the Comptroller General of
the United States and issue departmental guidance with respect to
relations with the Department of Homeland Security Inspector General in
consultation with the Inspector General: Provided further, That not more
than 75 percent of the funds provided under this heading shall be
obligated prior to the submission of the first quarterly report on
progress to improve and modernize efforts to remove criminal aliens
judged deportable from the United States.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $150,238,000, of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount, $6,000,000 shall remain
available until expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to consolidate
Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
as authorized by section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113), $31,300,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$295,200,000; of which $81,000,000 shall be available for salaries and
expenses; and of which $214,200,000, to remain available until expended,
shall be available for development and acquisition of information
technology equipment, software, services, and related activities for the
Department of Homeland Security, of which not less than $36,800,000
shall be available, as requested in the President's Fiscal Year 2008
Budget, for Department of Homeland Security data center development and
an additional $35,500,000 shall be available for further construction of
the National Center
[[Page 121 STAT. 2044]]
for Critical Information Processing and Storage: Provided, That none of
the funds appropriated shall be used to support or supplement the
appropriations provided for the United States Visitor and Immigrant
Status Indicator Technology project or the Automated Commercial
Environment: Provided further, <<NOTE: Deadline. Expenditure
plan.>> That the Chief Information Officer shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, not more than 60 days after the date of enactment of
this Act, an expenditure plan for all information technology acquisition
projects that: (1) are funded under this heading; or (2) are funded by
multiple components of the Department of Homeland Security through
reimbursable agreements: Provided further, That such expenditure plan
shall include each specific project funded, key milestones, all funding
sources for each project, details of annual and lifecycle costs, and
projected cost savings or cost avoidance to be achieved by the project.
Analysis and Operations
(including rescission of funds)
For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain
available until September 30, 2009, of which not to exceed $5,000 shall
be for official reception and representation expenses: Provided, That of
the amounts made available under this heading in Public Law 109-295,
$8,700,000 are rescinded.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $2,700,000: Provided, That $1,000,000 shall not
be available for obligation until the Committees on Appropriations of
the Senate and the House of Representatives receive an expenditure plan
for fiscal year 2008.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $92,711,000, of which not to exceed $150,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; purchase and
lease of up to 4,500 (2,300 for replacement only) police-
[[Page 121 STAT. 2045]]
type vehicles; and contracting with individuals for personal services
abroad; $6,802,560,000, of which $3,093,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for
official reception and representation expenses; of which not less than
$226,740,000 shall be for Air and Marine Operations; of which
$13,000,000 shall be used to procure commercially available technology
in order to expand and improve the risk-based approach of the Department
of Homeland Security to target and inspect cargo containers under the
Secure Freight Initiative and the Global Trade Exchange; of which such
sums as become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations; and
of which not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided, That of the amount provided
under this heading, $323,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act): Provided
further, That for fiscal year 2008, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1))
shall be $35,000; and notwithstanding any other provision of law, none
of the funds appropriated by this Act may be available to compensate any
employee of U.S. Customs and Border Protection for overtime, from
whatever source, in an amount that exceeds such limitation, except in
individual cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national security
purposes, to prevent excessive costs, or in cases of
immigration <<NOTE: Reports. Deadline.>> emergencies: Provided further,
That of the amount made available under this heading, $202,816,000 shall
remain available until September 30, 2009, to support software
development, equipment, contract services, and the implementation of
inbound lanes and modification to vehicle primary processing lanes at
ports of entry; of which $100,000 is to promote information and
education exchange with nations friendly to the United States in order
to promote sharing of best practices and technologies relating to
homeland security, as authorized by section 879 of Public Law 107-296;
and of which $75,000,000 may not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive a
report not later than 120 days after the date of enactment of this Act
on the preliminary results of testing of pilots at ports of entry used
to develop and implement the plan required by section 7209(b)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458; 8 U.S.C. 1185 note), which includes the following information:
(1) infrastructure and staffing required, with associated costs, by port
of entry; (2) updated milestones for plan implementation; (3) a detailed
explanation of how requirements of such section have been satisfied; (4)
confirmation that a vicinity-read radio frequency identification card
has been adequately tested
[[Page 121 STAT. 2046]]
to ensure operational success; and (5) a description of steps taken to
ensure the integrity of privacy safeguards.
automation modernization
For expenses for U.S. Customs and Border Protection automated
systems, $476,609,000, to remain available until expended, of which not
less than $316,969,000 shall be for the development of the Automated
Commercial <<NOTE: Deadline. Reports.>> Environment: Provided, That of
the total amount made available under this heading, $216,969,000 may not
be obligated for the Automated Commercial Environment program until 30
days after the Committees on Appropriations of the Senate and the House
of Representatives receive a report on the results to date and plans for
the program from the Department of Homeland Security that includes:
(1) a detailed accounting of the program's progress up to
the date of the report in meeting prior commitments made to the
Committees relative to system capabilities or services, system
performance levels, mission benefits and outcomes, milestones,
cost targets, and program management capabilities;
(2) an explicit plan of action defining how all funds are to
be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program, with the status of the Department's efforts to address
the recommendations, including milestones for fully addressing
them;
(4) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including Circular A-11,
part 7, as well as supporting analyses generated by and used in
the Department's process;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification agent
has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures that
were and were not assessed in making the alignment
determination, the date of the alignment determination, any
known areas of misalignment along with the associated risks and
corrective actions to address any such areas;
(7) a certification by the Chief Information Officer of the
Department that the program has a risk management process that
regularly and proactively identifies, evaluates, mitigates, and
monitors risks throughout the system life cycle, and
communicates high-risk conditions to U.S. Customs and Border
Protection and Department of Homeland Security investment
[[Page 121 STAT. 2047]]
decision makers, as well as a listing of the program's high
risks and the status of efforts to address them;
(8) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with any plans for addressing these risks and the status
of their implementation; and
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report.
Border Security Fencing, Infrastructure, and Technology
For expenses for customs and border protection fencing,
infrastructure, and technology, $1,225,000,000, to remain available
until expended: Provided, That of the amount provided under this
heading, $1,053,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act): Provided
further, <<NOTE: Deadline. Expenditure plan.>> That of the amount
provided under this heading, $650,000,000 shall not be obligated until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure, prepared by
the Secretary of Homeland Security and submitted within 90 days after
the date of enactment of this Act, for a program to establish a security
barrier along the borders of the United States of fencing and vehicle
barriers, where practicable, and other forms of tactical infrastructure
and technology, that includes:
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
program management capabilities, identification of the maximum
investment (including lifecycle costs) required by the Secure
Border Initiative network or any successor contract, and
description of the methodology used to obtain these cost
figures;
(2) a description of how activities will further the
objectives of the Secure Border Initiative, as defined in the
Secure Border Initiative multi-year strategic plan, and how the
plan allocates funding to the highest priority border security
needs;
(3) an explicit plan of action defining how all funds are to
be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(4) an identification of staffing (including full-time
equivalents, contractors, and detailees) requirements by
activity;
(5) a description of how the plan addresses security needs
at the Northern Border and the ports of entry, including
infrastructure, technology, design and operations requirements;
(6) a report on costs incurred, the activities completed,
and the progress made by the program in terms of obtaining
operational control of the entire border of the United States;
[[Page 121 STAT. 2048]]
(7) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones to
fully address them;
(8) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including Circular A-11,
part 7;
(9) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures that
were and were not assessed in making the alignment
determination, the date of the alignment determination, and any
known areas of misalignment along with the associated risks and
corrective actions to address any such areas;
(10) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with any plans for addressing these risks, and the status
of their implementation;
(11) a certification by the Chief Information Officer of the
Department that the program has a risk management process that
regularly and proactively identifies, evaluates, mitigates, and
monitors risks throughout the system life cycle and communicates
high-risk conditions to U.S. Customs and Border Protection and
Department of Homeland Security investment decision makers, as
well as a listing of all the program's high risks and the status
of efforts to address them;
(12) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report;
(13) an analysis by the Secretary for each segment, defined
as no more than 15 miles, of fencing or tactical infrastructure,
of the selected approach compared to other, alternative means of
achieving operational control; such analysis should include
cost, level of operational control, possible unintended effects
on communities, and other factors critical to the decision
making process;
(14) a certification by the Chief Procurement Officer of the
Department of Homeland Security that procedures to prevent
conflicts of interest between the prime integrator and major
subcontractors are established and that the Secure Border
Initiative Program Office has adequate staff and resources to
effectively manage the Secure Border Initiative program, Secure
Border Initiative network contract, and any related contracts,
including the exercise of technical oversight, and a
certification by the Chief Information Officer of the
[[Page 121 STAT. 2049]]
Department of Homeland Security that an independent verification
and validation agent is currently under contract for the
projects funded under this heading; and
(15) is reviewed by the Government Accountability Office:
Provided further, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Deadline. Federal
Register, publication.>> That none of the funds under this heading may
be obligated for any project or activity for which the Secretary has
exercised waiver authority pursuant to section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) until 15 days have elapsed from the date of the publication
of the decision in the Federal Register.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments for
facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $570,047,000, to remain
available until expended: Provided, That of the amount provided under
this heading, $94,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated Act): Provided
further, That no aircraft or other related equipment, with the exception
of aircraft that are one of a kind and have been identified as excess to
U.S. Customs and Border Protection requirements and aircraft that have
been damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2008 without the prior approval of the
Committees on Appropriations of the Senate and the House of
Representatives.
[[Page 121 STAT. 2050]]
Construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$348,363,000, to remain available until expended; of which $39,700,000
shall be for the Advanced Training Center: Provided, That of the amount
provided under this heading, $61,000,000 is designated as described in
section 5 (in the matter preceding division A of this consolidated Act).
U.S. Immigration and Customs Enforcement
Salaries and Expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and lease
of up to 3,790 (2,350 for replacement only) police-type vehicles;
$4,687,517,000, of which not to exceed $7,500,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $305,000 shall be for promotion of public awareness of the child
pornography tipline and anti-child exploitation activities as requested
by the President; of which not less than $5,400,000 shall be used to
facilitate agreements consistent with section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That of the amount
provided under this heading, $516,400,000 is designated as described in
section 5 (in the matter preceding division A of this consolidated Act):
Provided further, That none of the funds made available under this
heading shall be available to compensate any employee for overtime in an
annual amount in excess of $35,000, except that the Secretary of
Homeland Security, or the designee of the Secretary, may waive that
amount as necessary for national security purposes and in cases of
immigration emergencies: Provided further, That of the total amount
provided, $15,770,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2008, of which not to exceed
$6,000,000 shall remain available until expended: Provided further, That
of the total amount provided, not less than $2,381,401,000 is for
detention and removal operations: Provided further, That of the total
amount provided, $200,000,000 shall remain available until September 30,
2009, to improve and modernize efforts to identify aliens convicted of a
crime, sentenced to imprisonment, and who may be deportable, and remove
them from the United States once they are judged deportable: Provided
further, <<NOTE: Deadline. Expenditure plan.>> That none of the funds
made available to improve and modernize efforts to identify and remove
aliens convicted of a crime, sentenced to imprisonment, and who may be
deportable (in this proviso referred to as criminal aliens), and remove
them from the United States once they are judged deportable, shall be
obligated until the Committees on Appropriations
[[Page 121 STAT. 2051]]
of the Senate and the House of Representatives receive a plan for
expenditure, prepared by the Secretary of Homeland Security and
submitted within 90 days after the date of enactment of this Act, to
modernize the policies and technologies used to identify and remove
criminal aliens, that--
(1) presents a strategy for U.S. Immigration and Customs
Enforcement to identify every criminal alien, at the prison,
jail, or correctional institution in which they are held;
(2) establishes the process U.S. Immigration and Customs
Enforcement, in conjunction with the U.S. Department of Justice,
will use to make every reasonable effort to remove, upon their
release from custody, all criminal aliens judged deportable;
(3) presents a methodology U.S. Immigration and Customs
Enforcement will use to identify and prioritize for removal
criminal aliens convicted of violent crimes;
(4) defines the activities, milestones, and resources for
implementing the strategy and process described in sections (1)
and (2); and
(5) includes program measurements for progress in
implementing the strategy and process described in sections (1)
and (2):
Provided further, <<NOTE: Reports. Deadline.>> That the Secretary of
Homeland Security or a designee of the Secretary shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, at least quarterly, on progress implementing the
expenditure plan required in the preceding proviso, and the funds
obligated during that quarter to make that progress: Provided further,
That the funding and staffing resources necessary to carry out the
strategy and process described in sections (1) and (2) under this
heading shall be identified in the President's fiscal year 2009 budget
submission to Congress.
Federal Protective Service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally-owned and leased buildings and for the
operations of the Federal <<NOTE: Certification. Deadlines.>> Protective
Service: Provided, That the Secretary of Homeland Security and the
Director of the Office of Management and Budget shall certify in writing
to the Committees on Appropriations of the Senate and the House of
Representatives no later than December 31, 2007, that the operations of
the Federal Protective Service will be fully funded in fiscal year 2008
through revenues and collection of security fees, and shall adjust the
fees to ensure fee collections are sufficient to ensure the Federal
Protective Service maintains, by July 31, 2008, not fewer than 1,200
full-time equivalent staff and 900 full-time equivalent Police Officers,
Inspectors, Area Commanders, and Special Agents who, while working, are
directly engaged on a daily basis protecting and enforcing laws at
Federal buildings (referred to as ``in-service field staff'').
Automation Modernization
For expenses of immigration and customs enforcement automated
systems, $30,700,000, to remain available until expended:
Provided, <<NOTE: Expenditure plan.>> That of the funds made available
under this heading,
[[Page 121 STAT. 2052]]
$5,000,000 shall not be obligated until the Committees on Appropriations
of the Senate and the House of Representatives receive a plan for
expenditure prepared by the Secretary of Homeland Security.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$16,500,000, to remain available until expended: Provided, That of the
amount provided under this heading, $10,500,000 is designated as
described in section 5 (in the matter preceding division A of this
consolidated Act): Provided further, <<NOTE: Privatization plan.>> That
none of the funds made available in this Act may be used to solicit or
consider any request to privatize facilities currently owned by the
United States Government and used to detain illegal aliens until the
Committees on Appropriations of the Senate and the House of
Representatives receive a plan for carrying out that privatization.
Transportation Security Administration
Aviation Security
(including transfer of funds)
For necessary expenses of the Transportation Security Administration
related to providing civil aviation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $4,808,691,000, to remain available until
September 30, 2009, of which not to exceed $10,000 shall be for official
reception and representation expenses: Provided, That of the total
amount made available under this heading, not to exceed $3,768,489,000
shall be for screening operations, of which $294,000,000 shall be
available only for procurement and installation of checked baggage
explosive detection systems; and not to exceed $1,009,977,000 shall be
for aviation security direction and enforcement: Provided further, That
security service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security: Provided
further, That any funds collected and made available from aviation
security fees pursuant to section 44940(i) of title 49, United States
Code, may, notwithstanding paragraph (4) of such section 44940(i), be
expended for the purpose of improving screening at airport screening
checkpoints, which may include the purchase and utilization of emerging
technology equipment; the refurbishment and replacement of current
equipment; the installation of surveillance systems to monitor
checkpoint activities; the modification of checkpoint infrastructure to
support checkpoint reconfigurations; and the creation of additional
checkpoints to screen aviation passengers and airport personnel:
Provided further, That of the amounts provided under this heading,
$30,000,000 may be transferred to the ``Surface Transportation
Security''; ``Transportation Threat Assessment And Credentialing''; and
``Transportation Security Support'' appropriations in this Act for the
purpose of implementing regulations and activities authorized in
Implementing Recommendations of the 9/11 Commission Act
[[Page 121 STAT. 2053]]
of 2007 (Public Law 110-53): Provided further, That the sum appropriated
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2008, so as to result in a final fiscal year appropriation
from the general fund estimated at not more than $2,598,466,000:
Provided further, That any security service fees collected in excess of
the amount made available under this heading shall become available
during fiscal year 2009: Provided further, That Members of the United
States House of Representatives and United States Senate, including the
leadership; and the heads of Federal agencies and commissions, including
the Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States attorneys; and senior
members of the Executive Office of the President, including the Director
of the Office of Management and Budget; shall not be exempt from Federal
passenger and baggage screening.
Surface Transportation Security
For necessary expenses of the Transportation Security Administration
related to providing surface transportation security activities,
$46,613,000, to remain available until September 30, 2009.
Transportation Threat Assessment and Credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment and
Credentialing, $82,590,000, to remain available until September 30,
2009: Provided, <<NOTE: Certification.>> That if the Assistant Secretary
of Homeland Security (Transportation Security Administration) determines
that the Secure Flight program does not need to check airline passenger
names against the full terrorist watch list, then the Assistant
Secretary shall certify to the Committees on Appropriations of the
Senate and the House of Representatives that no significant security
risks are raised by screening airline passenger names only against a
subset of the full terrorist watch list.
Transportation Security Support
For necessary expenses of the Transportation Security Administration
related to providing transportation security support and intelligence
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $523,515,000, to remain
available until September 30, 2009: Provided, <<NOTE: Expenditure
plan. Strategic plan. Explosive detection.>> That of the funds
appropriated under this heading, $10,000,000 may not be obligated until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives detailed
expenditure plans for checkpoint support and explosive detection systems
refurbishment, procurement, and installations on an airport-by-airport
basis for fiscal year 2008; and a strategic plan required for checkpoint
technologies as described in the joint explanatory statement of managers
accompanying the fiscal year 2007 conference report (H. Rept. 109-699):
Provided further, <<NOTE: Deadline.>> That these plans shall be
submitted no later than 60 days after the date of enactment of this Act.
[[Page 121 STAT. 2054]]
Federal Air Marshals
For necessary expenses of the Federal Air Marshals, $769,500,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement only;
minor shore construction projects not exceeding $1,000,000 in total cost
at any location; payments pursuant to section 156 of Public Law 97-377
(42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$5,891,347,000, of which $340,000,000 shall be for defense-related
activities; of which $24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to
exceed $20,000 shall be for official reception and representation
expenses; and of which $3,600,000 shall be for costs to plan and design
an expansion to the Operations Systems Center subject to the approval of
a prospectus: Provided, That none of the funds made available by this or
any other Act shall be available for administrative expenses in
connection with shipping commissioners in the United States: Provided
further, That none of the funds made available by this Act shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
yacht owners and credited to this appropriation: Provided further, That
not to exceed 5 percent of this appropriation may be transferred to the
``Acquisition, Construction, and Improvements'' appropriation for
personnel compensation and benefits and related costs to adjust
personnel assignment to accelerate management and oversight of new or
existing projects without detrimentally affecting the management and
oversight of other projects: Provided further, That the amount made
available for ``Personnel, Compensation, and Benefits'' in the
``Acquisition, Construction, and Improvements'' appropriation shall not
be increased by more than 10 percent by such transfers: Provided
further, That the <<NOTE: Notification. Deadline.>> Committees on
Appropriations of the Senate and the House of Representatives shall be
notified of each transfer within 30 days after it is executed by the
Treasury: Provided further, That of the amount provided under this
heading, $70,300,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance and
restoration functions of the Coast Guard under chapter 19 of title 14,
United States Code, $13,000,000, to remain available until expended.
Reserve Training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program;
[[Page 121 STAT. 2055]]
personnel and training costs; and equipment and services; $126,883,000.
acquisition, construction, and improvements
(including rescissions of funds)
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,125,083,000, of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $45,000,000 shall be available until September 30,
2012, to acquire, repair, renovate, or improve vessels, small boats, and
related equipment; of which $173,100,000 shall be available until
September 30, 2010, for other equipment; of which $40,997,000 shall be
available until September 30, 2010, for shore facilities and aids to
navigation facilities; of which $82,720,000 shall be available for
personnel compensation and benefits and related costs; and of which
$783,266,000 shall be available until September 30, 2012, for the
Integrated Deepwater Systems program: Provided, That of the funds made
available for the Integrated Deepwater Systems program, $327,416,000 is
for aircraft and $243,400,000 is for surface ships: Provided further,
That of the amount provided in the preceding proviso for aircraft,
$70,000,000 may not be obligated for the Maritime Patrol Aircraft until
the Commandant of the Coast Guard certifies that the mission system
pallet Developmental Test and Evaluation of the HC-144A CASA Maritime
Patrol Aircraft is complete: Provided further, That no funds shall be
available for procurements related to the acquisition of additional
major assets as part of the Integrated Deepwater Systems program not
already under contract until an alternatives analysis has been completed
by an independent qualified third party: Provided
further, <<NOTE: Expenditure plan.>> That $300,000,000 of the funds
provided for the Integrated Deepwater Systems program may not be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
directly from the Coast Guard that--
(1) defines activities, milestones, yearly costs, and
lifecycle costs for each procurement of a major asset, including
an independent cost estimate for each;
(2) identifies lifecycle staffing and training needs of
Coast Guard project managers and of procurement and contract
staff;
(3) identifies competition to be conducted in each
procurement;
(4) describes procurement plans that do not rely on a single
industry entity or contract;
(5) includes a certification by the Chief Human Capital
Officer of the Department that current human capital
capabilities are sufficient to execute the plans discussed in
the report;
(6) contains very limited indefinite delivery/indefinite
quantity contracts and explains the need for any indefinite
delivery/indefinite quantity contracts;
(7) identifies individual project balances by fiscal year,
including planned carryover into fiscal year 2009 by project;
[[Page 121 STAT. 2056]]
(8) identifies operational gaps by asset and explains how
funds provided in this Act address the shortfalls between
current operational capabilities and requirements;
(9) includes a listing of all open Government Accountability
Office and Office of Inspector General recommendations related
to the program and the status of Coast Guard actions to address
the recommendations, including milestones for fully addressing
them;
(10) includes a certification by the Chief Procurement
Officer of the Department that the program has been reviewed and
approved in accordance with the investment management process of
the Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget, including
Circular A-11, part 7;
(11) identifies use of the Defense Contract Auditing Agency;
(12) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement Officer
of the Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with plans for addressing these risks, and the status of
their implementation;
(13) identifies the use of independent validation and
verification; and
(14) is reviewed by the Government Accountability Office:
Provided further, <<NOTE: Reports.>> 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, <<NOTE: Deadline. 14 USC 663 note.>> 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, <<NOTE: Deadline. Investment plan. 14 USC 663 note.>> That the
Secretary shall annually submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time that the
President's budget is submitted under section 1105(a) of title 31,
United States Code, a future-years capital investment plan for the Coast
Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until project completion, whichever is
earlier;
(4) an estimated completion date at the projected funding
levels; and
[[Page 121 STAT. 2057]]
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts specified
in the future-years capital investment plan are consistent to the
maximum extent practicable with proposed appropriations necessary to
support the programs, projects, and activities of the Coast Guard in the
President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified: Provided further, That
of amounts made available under this heading in Public Laws 108-334 and
109-90 for the Offshore Patrol Cutter, $98,627,476 are rescinded:
Provided further, That of amounts made available under this heading in
Public Law 108-334 for VTOL unmanned aerial vehicles (VUAV), $162,850
are rescinded: Provided further, That of amounts made available under
this heading in Public Law 109-90 for unmanned air vehicles (UAVs),
$32,942,138 are rescinded: Provided further, That of amounts made
available under this heading in Public Law 109-295 for VTOL unmanned
aerial vehicles (UAVs), $716,536 are rescinded: Provided further, That
of the amount provided under this heading, $95,800,000 is designated as
described in section 5 (in the matter preceding division A of this
consolidated Act).
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $16,000,000, to remain available until expended.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research, development,
test, and evaluation; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; as authorized by law;
$25,000,000, to remain available until expended, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for
the purposes of this appropriation funds received from State and local
governments, other public authorities, private sources, and foreign
countries for expenses incurred for research, development, testing, and
evaluation.
Retired Pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,184,720,000, to remain available until expended.
[[Page 121 STAT. 2058]]
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 645 vehicles for police-type use for
replacement only, and hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of Columbia, and
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may be
necessary to perform protective functions; payment of per diem or
subsistence allowances to employees where a protective assignment during
the actual day or days of the visit of a protectee requires an employee
to work 16 hours per day or to remain overnight at a post of duty;
conduct of and participation in firearms matches; presentation of
awards; travel of United States Secret Service employees on protective
missions without regard to the limitations on such expenditures in this
or any other Act if approval is obtained in advance from the Committees
on Appropriations of the Senate and the House of Representatives;
research and development; grants to conduct behavioral research in
support of protective research and operations; and payment in advance
for commercial accommodations as may be necessary to perform protective
functions; $1,381,771,000, of which $853,690,000 is for protective
functions; of which not to exceed $25,000 shall be for official
reception and representation expenses; of which not to exceed $100,000
shall be to provide technical assistance and equipment to foreign law
enforcement organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of investigations
of missing and exploited children; and of which $6,000,000 shall be for
a grant for activities related to the investigations of missing and
exploited children and shall remain available until expended: Provided,
That up to $18,000,000 provided for protective travel shall remain
available until September 30, 2009: Provided further, That the United
States Secret Service is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined in section
105 of title 5, United States Code, receiving training sponsored by the
James J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year.
Acquisition, Construction, Improvements, and Related Expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,725,000, to remain
available until expended.
[[Page 121 STAT. 2059]]
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, <<NOTE: Expenditure plan.>> That of the total amount
provided under this heading, $5,000,000 shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve an expenditure plan by program,
project, and activity.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and information
security programs and activities, as authorized by title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $654,730,000, of
which $586,960,000 shall remain available until September 30, 2009.
United States Visitor and Immigrant Status Indicator Technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as authorized
by section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a), $475,000,000, to remain
available until expended: Provided, That of the amount provided under
this heading, $275,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated Act): Provided
further, <<NOTE: Expenditure plan.>> That of the total amount made
available under this heading, $125,000,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator Technology project
until the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure prepared by
the Secretary of Homeland Security that includes--
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
and program management capabilities;
(2) an explicit plan of action defining how all funds are to
be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones for
fully addressing them;
[[Page 121 STAT. 2060]]
(4) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including Circular A-11,
part 7;
(5) a certification by the Chief Information Officer of the
Department of Homeland Security that an independent verification
and validation agent is currently under contract for the
project;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures that
were and were not assessed in making the alignment
determination, the date of the alignment determination, and any
known areas of misalignment along with the associated risks and
corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with any plans for addressing these risks, and the status
of their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process that
regularly identifies, evaluates, mitigates, and monitors risks
throughout the system life cycle, and communicates high-risk
conditions to agency and Department of Homeland Security
investment decision makers, as well as a listing of all the
program's high risks and the status of efforts to address them;
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report;
(10) a complete schedule for the full implementation of a
biometric exit program or a certification that such program is
not possible within five years;
(11) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services; and
(12) is reviewed by the Government Accountability Office.
Office of Health Affairs
For the necessary expenses of the Office of Health Affairs,
$116,500,000; of which $24,317,000 is for salaries and expenses; and of
which $92,183,000, to remain available until September 30, 2009, is for
biosurveillance, BioWatch, medical readiness planning, chemical
response, and other activities: Provided, That not to exceed $3,000
shall be for official reception and representation expenses.
[[Page 121 STAT. 2061]]
Federal Emergency Management Agency
Management and Administration
For necessary expenses for management and administration of the
Federal Emergency Management Agency, $664,000,000, including activities
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production
Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the
National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform
Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That not to
exceed $3,000 shall be for official reception and representation
expenses: Provided further, <<NOTE: Federal budget.>> That the
President's budget submitted under section 1105(a) of title 31, United
States Code, shall be detailed by the office for the Federal Emergency
Management Agency: Provided further, That of the total amount made
available under this heading, $32,500,000 shall be for the Urban Search
and Rescue Response System, of which not to exceed $1,600,000 may be
made available for administrative costs; and $6,000,000 shall be for the
Office of National Capital Region Coordination: Provided
further, <<NOTE: West Virginia. Pennsylvania.>> That for purposes of
planning, coordination, execution, and decision-making related to mass
evacuation during a disaster, the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania, or their designees, shall
be incorporated into efforts to integrate the activities of Federal,
State, and local governments in the National Capital Region, as defined
in section 882 of Public Law 107-296, the Homeland Security Act of 2002.
state and local programs
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other activities,
$3,177,800,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605) as amended by Implementing Recommendations
of the 9/11 Commission Act of 2007 (Public Law 110-53):
Provided, That of the amount provided by this paragraph,
$60,000,000 shall be for Operation Stonegarden and is designated
as described in section 5 (in the matter preceding division A of
this consolidated Act): Provided further, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2008,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $820,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604) as amended by Implementing Recommendations
of the 9/11 Commission Act of 2007 (Public Law 110-53), of
which, notwithstanding subsection (c)(1) of such section,
[[Page 121 STAT. 2062]]
$15,000,000 shall be for grants to organizations (as described
under section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined by the
Secretary to be at high-risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizens Corps Program;
(6) $400,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance under sections 1406
and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135 and
1163), of which not less than $25,000,000 shall be for Amtrak
security.
(7) $400,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(8) $11,500,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law
110-53; 6 U.S.C. 1182).
(9) $16,000,000 shall be for Trucking Industry Security
Grants.
(10) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(11) $50,000,000 shall be for grants under section 204 of
the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301
note): Provided, That the amount provided under this paragraph
shall be designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
(12) $25,000,000 shall be for the Commercial Equipment
Direct Assistance Program.
(13) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579) as amended by Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law
110-53).
(14) $15,000,000 shall be for grants for construction of
Emergency Operations Centers under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c) as amended by Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53).
(15) $299,300,000 shall be for training, exercises,
technical assistance, and other programs:
Provided, That not to exceed 3 percent of the amounts provided under
this heading may be transferred to the Federal Emergency Management
Agency ``Management and Administration'' account for program
administration: Provided further, <<NOTE: Grants. Deadlines.>> 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
[[Page 121 STAT. 2063]]
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, <<NOTE: Reports. Deadline.>> That the Government Accountability
Office shall report to the Committees on Appropriations of the Senate
and the House of Representatives regarding the data, assumptions, and
methodology that the Department uses to assess risk and allocate Urban
Area Security Initiative and State Homeland Security Grants not later
than 45 days after the date of enactment of this Act: Provided further,
That the report shall include the reliability and validity of the data
used, the basis for the assumptions used, how the methodology is applied
to determine the risk scores for individual locations, an analysis of
the usefulness of placing States and cities into tier groups, and the
allocation of grants to eligible locations: Provided further, That the
Department provide the Government Accountability Office with the actual
data that the Department used for its risk assessment and grant
allocation for at least two locations at the discretion of the
Government Accountability Office for the 2007 grant allocation process:
Provided further, That the Department provide the Government
Accountability Office with access to all data needed for its analysis
and report, including specifics on all changes for the fiscal year 2008
process, including, but not limited to, all changes in data,
assumptions, and weights used in methodology within seven days after the
date of enactment of this Act: Provided further, That any subsequent
changes made regarding the risk methodology after the initial
information is provided to the Government Accountability Office shall be
provided within seven days after the change is made.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$750,000,000, of which $560,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $190,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2009: Provided, That not to exceed
5 percent of the amount available under this heading shall be available
for program administration.
[[Page 121 STAT. 2064]]
Emergency Management Performance Grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total amount
appropriated under this heading.
Radiological Emergency Preparedness Program
The aggregate charges assessed during fiscal year 2008, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary for
its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2008, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $43,300,000.
Disaster Relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,400,000,000, to remain available until expended: Provided, That of
the total amount provided, $16,000,000 shall be transferred to the
Department of Homeland Security Office of Inspector General for audits
and investigations related to disasters, subject to section 503 of this
Act: Provided further, That up to $60,000,000 may be transferred to
``Management and Administration'', Federal Emergency Management Agency,
of which $48,000,000 and 250 positions are for management and
administration functions and $12,000,000 is for activities related to
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That of the amount provided in
the previous proviso, $30,000,000 shall not be available for transfer
for management and administration functions until the Federal Emergency
Management Agency submits an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives regarding
the 250 <<NOTE: Reports. 42 USC 5208.>> positions: Provided further,
That the Federal Emergency Management Agency shall hereafter
[[Page 121 STAT. 2065]]
submit a monthly ``Disaster Relief'' report to the Committees on
Appropriations of the Senate and the House of Representatives to
include--
(1) status of the Disaster Relief fund including
obligations, allocations, and amounts undistributed/unallocated;
(2) allocations, obligations, and expenditures for
Hurricanes Katrina, Rita, and Wilma and all open disasters;
(3) information on national flood insurance claims;
(4) obligations, allocations, and expenditures by State for
unemployment, crisis counseling, inspections, housing
assistance, manufactured housing, public assistance, and
individual assistance;
(5) mission assignment obligations by agency, including:
(A) the amounts to other agencies that are in
suspense because the Federal Emergency Management Agency
has not yet reviewed and approved the documentation
supporting the expenditure or for which an agency has
been mission assigned but has not submitted necessary
documentation for reimbursement;
(B) an explanation if the amounts of reported
obligations and expenditures do not reflect the status
of such obligations and expenditures from a government-
wide perspective; and
(C) each such agency's actual obligation and
expenditure data;
(6) the amount of credit card purchases by agency and
mission assignment;
(7) specific reasons for all waivers granted and a
description of each waiver;
(8) a list of all contracts that were awarded on a sole
source or limited competition basis, including the dollar
amount, the purpose of the contract, and the reason for the lack
of competitive award; and
(9) an estimate of when available appropriations will be
exhausted, assuming an average disaster season:
Provided further, That for any request for reimbursement from a Federal
agency to the Department to cover expenditures under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), or any mission assignment orders issued by the Department for
such purposes, the Secretary of Homeland Security shall take appropriate
steps to ensure that each agency is periodically reminded of Department
policies on--
(1) the detailed information required in supporting
documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
Disaster Assistance Direct Loan Program Account
For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $875,000, of which
$580,000 is for administrative expenses to carry out the direct loan
program and $295,000 is for the cost of direct loans: Provided, That
gross obligations for the principal amount of direct loans shall not
exceed $25,000,000: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a).
[[Page 121 STAT. 2066]]
Flood Map Modernization Fund
For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed 3 percent of
the total amount appropriated under this heading.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1)
not to exceed $45,642,000 for salaries and expenses associated with
flood mitigation and flood insurance operations; and (2) no less than
$99,358,000 for flood hazard mitigation, which shall be derived from
offsetting collections assessed and collected under section 1307 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4014), to remain
available until September 30, 2009, including up to $34,000,000 for
flood mitigation expenses under section 1366 of that Act (42 U.S.C.
4104c), which shall be available for transfer to the National Flood
Mitigation Fund under section 1367 of that Act (42 U.S.C. 4104) until
September 30, 2009: Provided, That any additional fees collected
pursuant to section 1307 of that Act shall be credited as an offsetting
collection to this account, to be available for flood hazard mitigation
expenses: Provided further, That in fiscal year 2008, no funds shall be
available from the National Flood Insurance Fund under section 1310 of
that Act (42 U.S.C. 4017) in excess of: (1) $70,000,000 for operating
expenses; (2) $773,772,000 for commissions and taxes of agents; (3) such
sums as are necessary for interest on Treasury borrowings; and (4)
$90,000,000 for flood mitigation actions with respect to severe
repetitive loss properties under section 1361A of that Act (42 U.S.C.
4102a) and repetitive insurance claims properties under section 1323 of
that Act (42 U.S.C. 4030), which shall remain available until expended:
Provided further, That total administrative costs shall not exceed 4
percent of the total appropriation.
National Flood Mitigation Fund
(including transfer of funds)
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and
subsection (f), of section 1366 of the National Flood Insurance Act of
1968, $34,000,000 (42 U.S.C. 4104c), to remain available until September
30, 2009, for activities designed to reduce the risk of flood damage to
structures pursuant to such Act, of which $34,000,000 shall be derived
from the National Flood Insurance Fund.
national predisaster mitigation fund
For a predisaster mitigation grant program under title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131 et seq.), $114,000,000, to remain available
[[Page 121 STAT. 2067]]
until expended: Provided, That grants made for predisaster mitigation
shall be awarded subject to the criteria in section 203(g) of such Act
(42 U.S.C. 5133(g)): Provided further, That the total administrative
costs associated with such grants shall not exceed 3 percent of the
total amount made available under this heading.
emergency food and shelter
To carry out an emergency food and shelter program pursuant to title
III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et
seq.), $153,000,000, to remain available until expended: Provided, That
total administrative costs shall not exceed 3.5 percent of the total
amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$80,973,000: Provided, That of the amount provided under this heading,
$80,000,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act): Provided
further, <<NOTE: Security checks. Plan.>> That of the total, $20,000,000
is provided to address backlogs of security checks associated with
pending applications and petitions and shall not be available for
obligation until the Secretary of Homeland Security and the United
States Attorney General submit to the Committees on Appropriations of
the Senate and the House of Representatives a plan to eliminate the
backlog of security checks that establishes information sharing
protocols to ensure United States Citizenship and Immigration Services
has the information it needs to carry out its mission: Provided further,
That notwithstanding any other provision of law, funds available to
United States Citizenship and Immigration Services may be used to
acquire, operate, equip, and dispose of up to five vehicles for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles between the employees'
residences and places of employment.
Federal Law Enforcement Training Center
Salaries and Expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law enforcement
basic training; purchase of not to exceed 117 vehicles for police-type
use and hire of passenger motor vehicles; expenses for student athletic
and related activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and enhancement of
community support of law enforcement training; room and board for
student interns; a flat monthly reimbursement to employees authorized to
use personal mobile phones for official duties; and services as
authorized by section 3109 of title 5, United States Code; $238,076,000,
of which up to $48,111,000 for materials and support costs of Federal
[[Page 121 STAT. 2068]]
law enforcement basic training shall remain available until September
30, 2009; of which $300,000 shall remain available until expended for
Federal law enforcement agencies participating in training
accreditation, to be distributed as determined by the Federal Law
Enforcement Training Center for the needs of participating agencies; and
of which not to exceed $12,000 shall be for official reception and
representation expenses: Provided, That of the amount provided under
this heading, $17,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated Act): Provided
further, That the Center is authorized to obligate funds in anticipation
of reimbursements from agencies receiving training sponsored by the
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note) as amended by Public Law 109-295 (120 Stat.
1374) is further amended by striking ``December 31, 2007'' and inserting
``December 31, 2010''.
Acquisitions, Construction, Improvements, and Related Expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $50,590,000, to remain available until expended:
Provided, That of the amount provided under this heading, $4,000,000 is
designated as described in section 5 (in the matter preceding division A
of this consolidated Act): Provided further, That the Center is
authorized to accept reimbursement to this appropriation from government
agencies requesting the construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of programs
and activities, as authorized by title III of the Homeland Security Act
of 2002 (6 U.S.C. 181 et seq.), $138,600,000: Provided, That not to
exceed $10,000 shall be for official reception and representation
expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.); $691,735,000, to remain
available until expended: Provided, That none of the funds made
available under this heading shall be obligated for the Analysis,
Dissemination, Visualization, Insight, and Semantic Enhancement program
or any follow-on or successor program.
[[Page 121 STAT. 2069]]
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office
as authorized by the second title XVIII of the Homeland Security Act of
2002 and for management and administration of programs and activities,
$31,500,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $323,500,000, to
remain available until expended.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $129,750,000, to remain available
until September 30, 2010:
Provided, <<NOTE: Reports. Certification.>> 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, <<NOTE: Certifications.>> 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, <<NOTE: Consultation.>> That the Secretary of Homeland Security
shall consult with the National Academy of Sciences before making such
certification: Provided further, That none of the funds appropriated
under this heading shall be used for high-risk concurrent development
and production of mutually dependent software and hardware.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act: Provided, That balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 503. (a) <<NOTE: Notifications. Deadlines.>> 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,
[[Page 121 STAT. 2070]]
shall be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program, project, or activity; (2)
eliminates a program, project, office, or activity; (3) increases funds
for any program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds directed for a
specific activity by either of the Committees on Appropriations of the
Senate or the House of Representatives for a different purpose; or (5)
contracts out any function or activity for which funding levels were
requested for Federal full-time equivalents in the object classification
tables contained in the fiscal year 2008 Budget Appendix for the
Department of Homeland Security, as specified in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days in advance
of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000 or 10 percent, whichever
is less, that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved by the
Congress; or (3) results from any general savings from a reduction in
personnel that would result in a change in existing programs, projects,
or activities as approved by the Congress; unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
which imminently threaten the safety of human life or the protection of
property.
Sec. 504. None of the funds appropriated or otherwise made available
to the Department of Homeland Security may be used to make payments to
the ``Department of Homeland Security Working Capital Fund'', except for
the activities and amounts allowed in the President's fiscal year 2008
budget, excluding sedan service, shuttle service, transit subsidy, mail
operations, parking, and competitive sourcing:
Provided, <<NOTE: Approval. Deadline.>> That any additional activities
[[Page 121 STAT. 2071]]
and amounts shall be approved by the Committees on Appropriations of the
Senate and the House of Representatives 30 days in advance of
obligation.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2008 from appropriations for salaries and expenses for
fiscal year 2008 in this Act shall remain available through September
30, 2009, in the account and for the purposes for which the
appropriations were provided: Provided, <<NOTE: Approval request.>> That
prior to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2008 until the enactment of an Act authorizing
intelligence activities for fiscal year 2008.
Sec. 507. The Federal Law Enforcement Training Accreditation Board
shall lead the Federal law enforcement training accreditation process,
to include representatives from the Federal law enforcement community
and non-Federal accreditation experts involved in law enforcement
training, to continue the implementation of measuring and assessing the
quality and effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 508. <<NOTE: Notification. Deadline.>> 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, <<NOTE: Briefing. Deadline.>> That the Federal
Emergency Management Agency shall brief the Committees on Appropriations
of the Senate and the House of Representatives five full business days
in advance of announcing publicly the intention of making an award of
State Homeland Security grants; Urban Area Security Initiative grants;
or Regional Catastrophic Preparedness Grants.
Sec. 509. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the House
of Representatives, except that the Federal Law Enforcement Training
Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 510. The Director of the Federal Law Enforcement Training
Center shall schedule basic and/or advanced law enforcement training at
all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that these
[[Page 121 STAT. 2072]]
training centers are operated at the highest capacity throughout the
fiscal year.
Sec. 511. None of the funds appropriated or otherwise made available
by this Act may be used for expenses for any construction, repair,
alteration, or acquisition project for which a prospectus, if required
under chapter 33 of title 40, United States Code, has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in contravention
of the applicable provisions of the Buy American Act (41 U.S.C. 10a et
seq.).
Sec. 513. (a) <<NOTE: Certification. Reports.>> None of the funds
provided by this or previous appropriations Acts may be obligated for
deployment or implementation, on other than a test basis, of the Secure
Flight program or any other follow-on or successor passenger
prescreening program, until the Secretary of Homeland Security
certifies, and the Government Accountability Office reports, to the
Committees on Appropriations of the Senate and the House of
Representatives, that all ten of the conditions contained in paragraphs
(1) through (10) of section 522(a) of Public Law 108-334 (118 Stat.
1319) have been successfully met.
(b) <<NOTE: Deadline.>> The report required by subsection (a) shall
be submitted within 90 days after the Secretary provides the requisite
certification, and periodically thereafter, if necessary, until the
Government Accountability Office confirms that all ten conditions have
been successfully met.
(c) <<NOTE: Deadline. Plan.>> Within 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a detailed plan that describes: (1) the dates for
achieving key milestones, including the date or timeframes that the
Secretary will certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary's certification, as
required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers,
or reservation systems may be used to screen aviation passengers, or
delay or deny boarding to such passengers, except in instances where
passenger names are matched to a Government watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk to
passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or any other Act may be used
for data or a database that is obtained from or remains under the
control of a non-Federal entity: Provided, That this restriction shall
not apply to Passenger Name Record data obtained from air carriers.
Sec. 514. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 515. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary
[[Page 121 STAT. 2073]]
or term basis) of United States Citizenship and Immigration Services of
the Department of Homeland Security who are known as of that date as
Immigration Information Officers, Contact Representatives, or
Investigative Assistants.
Sec. 516. None of the funds appropriated to the United States Secret
Service by this Act or by previous appropriations Acts may be made
available for the protection of the head of a Federal agency other than
the Secretary of Homeland Security: Provided, That the Director of the
United States Secret Service may enter into an agreement to perform such
service on a fully reimbursable basis.
Sec. 517. Section 517(b) of the Department of Homeland Security
Appropriations Act, 2007 (18 U.S.C. 3056 note) is amended to read as
follows:
``(b) For fiscal year 2008, and each fiscal year thereafter, the
Director of the United States Secret Service may enter into an agreement
to perform protection of a Federal official other than a person granted
protection under section 3056(a) of title 18, United States Code, on a
fully reimbursable basis.''.
Sec. 518. (a) The Secretary of Homeland Security shall research,
develop, and procure new technologies to inspect and screen air cargo
carried on passenger aircraft at the earliest date possible.
(b) Existing checked baggage explosive detection equipment and
screeners shall be utilized to screen air cargo carried on passenger
aircraft to the greatest extent practicable at each airport until
technologies developed under subsection (a) are available.
(c) The Assistant Secretary (Transportation Security Administration)
shall work with air carriers and airports to ensure that the screening
of cargo carried on passenger aircraft, as defined in section
44901(g)(5) of title 49, United States Code, increases incrementally
each quarter.
(d) <<NOTE: Deadline. Reports.>> Not later than 45 days after the
end of each quarter, the Assistant Secretary (Transportation Security
Administration) shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a report on air cargo inspection
statistics by airport and air carrier detailing the incremental progress
being made to meet section 44901(g)(2) of title 49, United States Code.
Sec. 519. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under section 222
of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct
that changes be made to, delay, or prohibit the transmission to Congress
of any report prepared under paragraph (6) of such section.
Sec. 520. No funding made available to the Department of Homeland
Security in this Act shall be available to pay the salary of any
employee serving as a contracting officer's technical representative
(COTR), or anyone acting in a similar capacity, who has not received
COTR training.
Sec. 521. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' for fiscal years 2004, 2005, 2006,
and 2007 that are recovered or deobligated shall be available only for
the procurement or installation of explosives detection systems, for air
cargo, baggage, and checkpoint screening
[[Page 121 STAT. 2074]]
systems, subject to notification: Provided, <<NOTE: Reports.>> That
quarterly reports shall be submitted to the Committees on Appropriations
of the Senate and the House of Representatives on any funds that are
recovered or deobligated.
Sec. 522. <<NOTE: Applicability.>> Section 525(d) of the Department
of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1382) shall apply to fiscal year 2008.
Sec. 523. Any funds appropriated to United States Coast Guard,
``Acquisition, Construction, and Improvements'' for fiscal years 2002,
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended
for the Replacement Patrol Boat (FRC-B) program.
Sec. 524. <<NOTE: 31 USC 501 note.>> The Department of Homeland
Security Working Capital Fund, established pursuant to section 403 of
Public Law 103-356 (31 U.S.C. 501 note), shall continue operations
during fiscal year 2008.
Sec. 525. <<NOTE: Certification.>> None of the funds provided in
this Act shall be available to commence operations of the National
Applications Office or the National Immigration Information Sharing
Operation until the Secretary certifies that these programs comply with
all existing laws, including all applicable privacy and civil liberties
standards, and that certification is reviewed by the Government
Accountability Office.
Sec. 526. <<NOTE: Deadline. Reports.>> Within 45 days after the
close of each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget and
staffing report that includes total obligations, on-board versus funded
full-time equivalent staffing levels, and the number of contract
employees by office.
Sec. 527. <<NOTE: 120 Stat. 1384.>> Section 532(a) of Public Law
109-295 is amended by striking ``2007'' and inserting ``2008''.
Sec. 528. None of the funds made available by this Act shall be used
in contravention of the Federal buildings performance and reporting
requirements of Executive Order No. 13123, part 3 of title V of the
National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), or
subtitle A of title I of the Energy Policy Act of 2005 (including the
amendments made thereby).
Sec. 529. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 530. None of the funds made available in this Act may be used
in contravention of section 303 of the Energy Policy Act of 1992 (42
U.S.C. 13212).
Sec. 531. None of the funds made available by this Act may be used
to take an action that would violate Executive Order No. 13149 (65 Fed.
Reg. 24607; relating to greening the Government through Federal fleet
and transportation efficiency).
Sec. 532. <<NOTE: Applicability.>> Subsections (a), (b), and (d)(1)
of section 6402 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) shall apply to fiscal year 2008.
Sec. 533. None of the funds provided by this or any other Act may be
obligated for the development, testing, deployment,
[[Page 121 STAT. 2075]]
or operation of any system related to the MAX-HR project, or any
subsequent but related human resources management project, until any
pending litigation concerning such activities is resolved, and any legal
claim or appeal by either party has been fully resolved.
Sec. 534. Section 550 of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding at the
end the following:
``(h) This section shall not preclude or deny any right of any State
or political subdivision thereof to adopt or enforce any regulation,
requirement, or standard of performance with respect to chemical
facility security that is more stringent than a regulation, requirement,
or standard of performance issued under this section, or otherwise
impair any right or jurisdiction of any State with respect to chemical
facilities within that State, unless there is an actual conflict between
this section and the law of that State.''.
Sec. 535. (a) Amendments Relating to the Civil Service Retirement
System.--
(1) Definitions.--Section 8331 of title 5, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(28), by striking the period at the end of the first
paragraph (29) and inserting a semicolon, by
redesignating the second paragraph (29) as paragraph
(30), and by striking the period at the end of paragraph
(30) (as so redesignated) and inserting ``; and''; and
(B) by adding at the end the following:
``(31) `customs and border protection officer' means an
employee in the Department of Homeland Security (A) who holds a
position within the GS-1895 job series (determined applying the
criteria in effect as of September 1, 2007) or any successor
position, and (B) whose duties include activities relating to
the arrival and departure of persons, conveyances, and
merchandise at ports of entry, including any such employee who
is transferred directly to a supervisory or administrative
position in the Department of Homeland Security after performing
such duties (as described in subparagraph (B)) in 1 or more
positions (as described in subparagraph (A)) for at least 3
years.''.
(2) Deductions, contributions, and deposits.--Section 8334
of title 5, United States Code, is amended--
(A) in subsection (a)(1)(A), by striking ``or
nuclear materials courier,'' and inserting ``nuclear
materials courier, or customs and border protection
officer,''; and
(B) in the table contained in subsection (c), by
adding at the end the following:
``Customs and border protection 7.5 After June 29,
officer 2008.''.
(3) Mandatory separation.--The first sentence of section
8335(b)(1) of title 5, United States Code, is amended by
striking ``or nuclear materials courier'' and inserting
``nuclear materials courier, or customs and border protection
officer''.
(4) Immediate retirement.--Section 8336 of title 5, United
States Code, is amended--
[[Page 121 STAT. 2076]]
(A) in subsection (c)(1), by striking ``or nuclear
materials courier'' and inserting ``nuclear materials
courier, or customs and border protection officer''; and
(B) in subsections (m) and (n), by striking ``or as
a law enforcement officer,'' and inserting ``as a law
enforcement officer, or as a customs and border
protection officer,''.
(b) Amendments Relating to the Federal Employees' Retirement
System.--
(1) Definitions.--Section 8401 of title 5, United States
Code, is amended--
(A) in paragraph (34), by striking ``and'' at the
end;
(B) in paragraph (35), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(36) the term `customs and border protection officer'
means an employee in the Department of Homeland Security (A) who
holds a position within the GS-1895 job series (determined
applying the criteria in effect as of September 1, 2007) or any
successor position, and (B) whose duties include activities
relating to the arrival and departure of persons, conveyances,
and merchandise at ports of entry, including any such employee
who is transferred directly to a supervisory or administrative
position in the Department of Homeland Security after performing
such duties (as described in subparagraph (B)) in 1 or more
positions (as described in subparagraph (A)) for at least 3
years.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of section
8412(d) of title 5, United States Code, are amended by striking
``or nuclear materials courier,'' and inserting ``nuclear
materials courier, or customs and border protection officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2) of
title 5, United States Code, is amended by striking ``or air
traffic controller.'' and inserting ``air traffic controller, or
customs and border protection officer''.
(4) Deductions from pay.--The table contained in section
8422(a)(3) of title 5, United States Code, is amended by adding
at the end the following:
``Customs and border protection 7.5 After June 29,
officer 2008.''.
(5) Government contributions.--Paragraphs (1)(B)(i) and (3)
of section 8423(a) of title 5, United States Code, are amended
by inserting ``customs and border protection officers,'' after
``nuclear materials couriers,'' each place it appears.
(6) Mandatory separation.--Section 8425(b)(1) of title 5,
United States Code, is amended--
(A) by striking ``or nuclear materials courier who''
and inserting ``nuclear materials courier, or customs
and border protection officer who''; and
(B) by striking ``or nuclear materials courier,''
and inserting ``nuclear materials courier, or customs
and border protection officer''.
(c) Maximum Age for Original Appointment.--Section 3307 of title 5,
United States Code, is amended by adding at the end the following:
[[Page 121 STAT. 2077]]
``(g) The Secretary of Homeland Security may determine and fix the
maximum age limit for an original appointment to a position as a customs
and border protection officer, as defined by section 8401(36).''.
(d) Regulations.--Any <<NOTE: 5 USC 3307 note.>> regulations
necessary to carry out the amendments made by this section shall be
prescribed by the Director of the Office of Personnel Management in
consultation with the Secretary of Homeland Security.
(e) Effective Date; <<NOTE: 5 USC 3307 note.>> Transition Rules.--
(1) Effective date.--The amendments made by this section
shall become effective on the later of June 30, 2008, or the
first day of the first pay period beginning at least 6 months
after the date of the enactment of this Act.
(2) Transition rules.--
(A) Nonapplicability of mandatory separation
provisions to certain individuals.--The amendments made
by subsections (a)(3) and (b)(6), respectively, shall
not apply to an individual first appointed as a customs
and border protection officer before the effective date
under paragraph (1).
(B) Treatment of prior cbpo service.--
(i) General rule.--Except as provided in
clause (ii), nothing in this section or any
amendment made by this section shall be considered
to apply with respect to any service performed as
a customs and border protection officer before the
effective date under paragraph (1).
(ii) Exception.--Service described in section
8331(31) or 8401(36) of title 5, United States
Code (as amended by this section) rendered before
the effective date under paragraph (1) may be
taken into account to determine if an individual
who is serving on or after such effective date
then qualifies as a customs and border protection
officer by virtue of holding a supervisory or
administrative position in the Department of
Homeland Security.
(C) Minimum annuity amount.--The annuity of an
individual serving as a customs and border protection
officer on the effective date under paragraph (1)
pursuant to an appointment made before that date shall,
to the extent that its computation is based on service
rendered as a customs and border protection officer on
or after that date, be at least equal to the amount that
would be payable--
(i) to the extent that such service is subject
to the Civil Service Retirement System, by
applying section 8339(d) of title 5, United States
Code, with respect to such service; and
(ii) to the extent such service is subject to
the Federal Employees' Retirement System, by
applying section 8415(d) of title 5, United States
Code, with respect to such service.
(D) Rule of construction.--Nothing in the amendment
made by subsection (c) shall be considered to apply with
respect to any appointment made before the effective
date under paragraph (1).
(3) Election.--
[[Page 121 STAT. 2078]]
(A) Incumbent defined.--For purposes of this
paragraph, the term ``incumbent'' means an individual
who is serving as a customs and border protection
officer on the date of the enactment of this Act.
(B) Notice requirement.--
Not <<NOTE: Deadline.>> later than 30 days after the
date of the enactment of this Act, the Director of the
Office of Personnel Management shall take measures
reasonably designed to ensure that incumbents are
notified as to their election rights under this
paragraph, and the effect of making or not making a
timely election.
(C) Election available to incumbents.--
(i) In general.--An incumbent may elect, for
all purposes, either--
(I) to be treated in accordance with
the amendments made by subsection (a) or
(b), as applicable; or
(II) to be treated as if subsections
(a) and (b) had never been enacted.
Failure to make a timely election under this
paragraph shall be treated in the same way as an
election made under subclause (I) on the last day
allowable under clause (ii).
(ii) Deadline.--An election under this
paragraph shall not be effective unless it is made
at least 14 days before the effective date under
paragraph (1).
(4) Definition.--For purposes of this subsection, the term
``customs and border protection officer'' has the meaning given
such term by section 8331(31) or 8401(36) of title 5, United
States Code (as amended by this section).
(5) Exclusion.--Nothing in this section or any amendment
made by this section shall be considered to afford any election
or to otherwise apply with respect to any individual who, as of
the day before the date of the enactment of this Act--
(A) holds a position within U.S. Customs and Border
Protection; and
(B) is considered a law enforcement officer for
purposes of subchapter III of chapter 83 or chapter 84
of title 5, United States Code, by virtue of such
position.
Sec. 536. In fiscal year 2008, none of the funds made available in
this or any other Act may be used to enforce section 4025(1) of Public
Law 108-458 unless the Assistant Secretary (Transportation Security
Administration) reverses the determination of July 19, 2007, that butane
lighters are not a significant threat to civil aviation security.
Sec. 537. None of the funds provided in this Act may be used to
alter or reduce operations within the Civil Engineering Program of the
Coast Guard nationwide, including the civil engineering units,
facilities, design and construction centers, maintenance and logistics
command centers, and the Coast Guard Academy, except as specifically
authorized by a statute enacted after the date of the enactment of this
Act.
Sec. 538. The cumulative amount appropriated in title I of this Act
for the ``Office of the Secretary and Executive Management'' and the
``Office of the Under Secretary for Management'' shall be reduced by
$5,000,000.
Sec. 539. (a) Except as provided in subsection (b), none of the
funds appropriated in this Act to the Office of the Secretary
[[Page 121 STAT. 2079]]
and Executive Management, the Office of the Under Secretary for
Management and the Office of the Chief Financial Officer, may be
obligated for a grant or contract awarded by a means other than full and
open competition.
(b) This section does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, such as the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c);
or
(2) under the Small Business Act (15 U.S.C. 631 et seq.).
(c) The Secretary of Homeland Security may waive the application of
this section to the award of a contract in the period of a national
emergency determined by the Secretary.
(d) In addition to the requirements established by this section, the
Inspector General for the Department of Homeland Security shall review
departmental contracts awarded through other than full and open
competition to assess departmental compliance with applicable laws and
regulations: Provided, That the Inspector General shall review selected
contracts awarded during the previous fiscal year through other than
full and open competition: Provided further, That in determining which
contracts to review, the Inspector General shall consider the cost and
complexity of the goods and services to be provided under the contract,
the criticality of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant: Provided
further, <<NOTE: Reports.>> That the Inspector General shall report the
results of the reviews to the Committees on Appropriations of the Senate
and the House of Representatives.
Sec. 540. Section 44940(a)(2) of title 49, United States Code, is
amended by striking the period in the last sentence of subparagraph (A)
and the clause (iv) of subparagraph B and adding the following, ``except
for estimates and additional collections made pursuant to the
appropriation for Aviation Security in Public Law 108-334: Provided,
That such judicial review shall be pursuant to section 46110 of title
49, United States Code: Provided further, That such judicial review
shall be limited only to additional amounts collected by the Secretary
before October 1, 2007.''.
Sec. 541. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official for any Robert T. Stafford Disaster Relief
and Emergency Assistance Act declared disasters or emergencies.
Sec. 542. Section 46301(a) of title 49, United States Code, is
amended by adding at the end the following:
``(6) Failure
To <<NOTE: Notification. Deadline. Penalties.>> 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
[[Page 121 STAT. 2080]]
of the airport of such termination within 24 hours of the date
of such termination shall be liable to the Government for a
civil penalty not to exceed $10,000.''.
Sec. 543. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the grant of the benefit have been received
by United States Citizenship and Immigration Services, and the results
do not preclude the grant of the benefit.
Sec. 544. None of the funds made available in this Act may be used
to destroy or put out to pasture any horse or other equine belonging to
the Federal Government that has become unfit for service, unless the
trainer or handler is first given the option to take possession of the
equine through an adoption program that has safeguards against slaughter
and inhumane treatment.
Sec. 545. Extension of the Implementation Deadline for the Western
Hemisphere Travel Initiative. Subparagraph (A) of section 7209(b)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458; 8 U.S.C. 1185 note) is amended by striking ``This plan shall be
implemented not later than 3 months after the Secretary of State and the
Secretary of Homeland Security make the certifications required in
subsection (B), or June 1, 2009, whichever is earlier.'' and inserting
``Such plan may not be implemented earlier than the date that is the
later of 3 months after the Secretary of State and the Secretary of
Homeland Security make the certification required in subparagraph (B) or
June 1, 2009.''.
Sec. 546. None of the funds provided in this Act shall be available
to carry out section 872 of Public Law 107-296.
Sec. 547. <<NOTE: Certification.>> None of the funds provided in
this Act under the heading ``Office of the Chief Information Officer''
shall be used for data center development other than for the National
Center for Critical Information Processing and Storage until the Chief
Information Officer certifies that the National Center for Critical
Information Processing and Storage is fully utilized, to the maximum
extent feasible, as the Department's primary data storage center at the
highest capacity throughout the fiscal year.
Sec. 548. None of the funds in this Act shall be used to reduce the
United States Coast Guard's Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 549. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 550. (a) Notwithstanding section 503 of this Act, up to
$24,000,000 from prior year balances currently available to the
Transportation Security Administration may be transferred to
``Transportation Threat Assessment and Credentialing'' for the Secure
Flight program.
(b) In carrying out the transfer authority under subsection (a), the
Transportation Security Administration shall not utilize any prior year
balances from the following programs: screener partnership program;
explosives detection system purchase; explosives detection system
installation; checkpoint support; aviation regulation and other
enforcement; air cargo; and air cargo research and
[[Page 121 STAT. 2081]]
development: Provided, <<NOTE: Expenditure plan.>> That any funds
proposed to be transferred under this section shall not be available for
obligation until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure for
such funds that is submitted by the Secretary of Homeland Security:
Provided further, That the plan shall be submitted simultaneously to the
Government Accountability Office for review consistent with its ongoing
assessment of the Secure Flight Program as mandated by section 522(a) of
Public Law 108-334 (118 Stat. 1319).
Sec. 551. Rescissions. (a) The following unobligated balances made
available pursuant to section 505 of Public Law 109-295 are rescinded:
$2,003,441 from U.S. Customs and Border Protection ``Salaries and
Expenses''; $9,583,611 from Coast Guard ``Operating Expenses''; $672,230
from ``United States Citizenship and Immigration Services''; $2,790,513
from Federal Emergency Management Agency ``Management and
Administration''; $127,994 from Federal Emergency Management Agency
``Disaster Assistance Direct Loan Program Account''; $5,136,819 from
U.S. Immigration and Customs Enforcement ``Salaries and Expenses'';
$333,520 from Federal Law Enforcement Training Center ``Salaries and
Expenses''; $4,211,376 from the ``Office of the Secretary and Executive
Management''; $443,672 from the ``Office of the Under Secretary for
Management''; $380,166 from the ``Office of the Chief Financial
Officer''; $493,106 from the ``Office of the Chief Information
Officer''; $368,166 from Domestic Nuclear Detection Office ``Management
and Administration''; $45,369 from the ``Office of Health Affairs'';
$32,299 from the ``Office of Inspector General''; $1,994,454 from
National Protection and Programs Directorate ``Management and
Administration''; and $216,727 from Science and Technology ``Management
and Administration''.
(b) From the unobligated balances of funds transferred to the
Department of Homeland Security when it was created in 2003, $59,286,537
are rescinded: Provided, That the rescission made under this subsection
shall not be executed from the following programs: Coast Guard Retired
Pay; U.S. Immigration and Customs Enforcement Violent Crime Reduction
Program; Federal Law Enforcement Training Center Instructor Salaries;
and Federal Emergency Management Agency National Security Support.
(c) Of the amounts available under the heading ``Counterterrorism
Fund'', $8,480,000 are rescinded.
(d) Of the unobligated balances available in the ``Department of
Homeland Security, Transportation Security Administration Expenses''
account, $4,500,000 are rescinded.
Sec. 552. <<NOTE: Deadline.>> Notwithstanding any other provision of
law, the Secretary of Homeland Security shall, under the Federal
Emergency Management Agency Public Assistance Program, provide a single
payment for any eligible costs for local educational agencies impacted
by Hurricanes Katrina or Rita within 30 days of such request: Provided,
That the payment for schools in Louisiana shall be submitted to the
Louisiana Department of Education, which may expend up to 3 percent of
those funds for administrative costs: Provided further, That the Federal
Emergency Management Agency shall not reduce assistance in accordance
with section 406(c)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act for local educational agencies impacted by
Hurricanes Katrina or Rita: Provided further, That nothing in the
previous proviso shall be construed to alter the appeals or review
[[Page 121 STAT. 2082]]
process: Provided further, That section 406(d) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act shall not apply to more
than one facility on a school site impacted by Hurricanes Katrina or
Rita.
Sec. 553. Technical Corrections. (a) In General.--
(1) Redesignations.--Chapter 27 of title 18, United States
Code, is amended by redesignating section 554 added by section
551(a) of the Department of Homeland Security Appropriations
Act, 2007 (Public Law 109-295; 120 Stat. 1389) (relating to
border tunnels and passages) as section 555.
(2) Table of sections.--The table of sections for chapter 27
of title 18, United States Code, is amended by striking the item
relating to section 554, ``Border tunnels and passages'', and
inserting the following:
``555. Border tunnels and passages.''.
(b) Criminal Forfeiture.--Section 982(a)(6) of title 18, United
States Code, is amended by striking ``554'' and inserting ``555''.
(c) Directive to the United States Sentencing Commission.--Section
551(d) of the Department of Homeland Security Appropriations
Act, <<NOTE: 28 USC 994 note.>> 2007 (Public Law 109-295; 120 Stat.
1390) is amended in paragraphs (1) and (2)(A) by striking ``554'' and
inserting ``555''.
Sec. 554. Sections 2241, 2242, 2243, and 2244 of title 18, United
States Code, are each amended by striking ``the Attorney General'' each
place that term appears and inserting ``the head of any Federal
department or agency''.
Sec. 555. <<NOTE: Deadline. Websites. 5 USC app. 6 note.>> Not later
than 30 days after the date of enactment of this Act--
(1) the Secretary of Homeland Security shall establish and
maintain on the homepage of the website of the Department of
Homeland Security, a direct link to the website of the Office of
Inspector General of the Department of Homeland Security; and
(2) the Inspector General of the Department of Homeland
Security shall establish and maintain on the homepage of the
website of the Office of Inspector General a direct link for
individuals to anonymously report waste, fraud, or abuse.
Sec. 556. <<NOTE: Contracts.>> The Secretary of Homeland Security
shall require that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful acquisition
outcomes (which outcomes shall be specified in terms of cost, schedule,
and performance).
Sec. 557. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for
any new hires by the Department of Homeland Security that are not
verified through the basic pilot program required under section 401 of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
Sec. 558. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the Federal
Food, Drug, and Cosmetic Act: Provided, <<NOTE: Applicability.>> That
this section shall apply only to individuals transporting on their
person a personal-use quantity of the prescription
[[Page 121 STAT. 2083]]
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 559. None of the funds made available in this Act may be used
by the Secretary of Homeland Security or any delegate of the Secretary
to issue any rule or regulation which implements the Notice of Proposed
Rulemaking related to Petitions for Aliens To Perform Temporary
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed.
Reg. 3984 (January 27, 2005).
Sec. 560. Notwithstanding any other provision of law, Watsonville
Community Hospital, or its successor trust, shall not be required to pay
the Federal Emergency Management Agency additional funds related to DR-
845.
Sec. 561. <<NOTE: Louisiana.>> Notwithstanding any other provision
of law, the Secretary of Homeland Security shall provide, under the
Federal Emergency Management Agency Public Assistance Program, the
relocation costs as estimated by the Federal Emergency Management Agency
on May 5, 2006, for the Peebles School in Iberia Parish, Louisiana,
which was damaged by Hurricane Rita in 2005.
Sec. 562. Notwithstanding any other provision of law, the Secretary
of Homeland Security shall provide, under the Federal Emergency
Management Agency Public Assistance Program, the currently uncompensated
debris removal costs from Super Typhoon Paka and the firefighting costs
associated with the Malojloj hardfill fire in 1998.
Sec. 563. Secure Handling of Ammonium Nitrate.--(a) In General.--
Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.)
is amended by adding at the end the following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``SEC. 899A. <<NOTE: 6 USC 488.>> DEFINITIONS.
``In this subtitle:
``(1) Ammonium nitrate.--The term `ammonium nitrate' means--
``(A) solid ammonium nitrate that is chiefly the
ammonium salt of nitric acid and contains not less than
33 percent nitrogen by weight; and
``(B) any mixture containing a percentage of
ammonium nitrate that is equal to or greater than the
percentage determined by the Secretary under section
899B(b).
``(2) Ammonium nitrate facility.--The term `ammonium nitrate
facility' means any entity that produces, sells or otherwise
transfers ownership of, or provides application services for
ammonium nitrate.
``(3) Ammonium nitrate purchaser.--The term `ammonium
nitrate purchaser' means any person who purchases ammonium
nitrate from an ammonium nitrate facility.
[[Page 121 STAT. 2084]]
``SEC. 899B. <<NOTE: 6 USC 488a.>> REGULATION OF THE SALE AND TRANSFER
OF AMMONIUM NITRATE.
``(a) In General.--The Secretary shall regulate the sale and
transfer of ammonium nitrate by an ammonium nitrate facility in
accordance with this subtitle to prevent the misappropriation or use of
ammonium nitrate in an act of terrorism.
``(b) Ammonium Nitrate Mixtures.--
Not <<NOTE: Deadline. Notice. Comment period.>> later than 90 days after
the date of the enactment of this subtitle, the Secretary, in
consultation with the heads of appropriate Federal departments and
agencies (including the Secretary of Agriculture), shall, after notice
and an opportunity for comment, establish a threshold percentage for
ammonium nitrate in a substance.
``(c) Registration of Owners of Ammonium Nitrate Facilities.--
``(1) Registration.--The Secretary shall establish a process
by which any person that--
``(A) owns an ammonium nitrate facility is required
to register with the Department; and
``(B) registers under subparagraph (A) is issued a
registration number for purposes of this subtitle.
``(2) Registration information.--Any person applying to
register under paragraph (1) shall submit to the Secretary--
``(A) the name, address, and telephone number of
each ammonium nitrate facility owned by that person;
``(B) the name of the person designated by that
person as the point of contact for each such facility,
for purposes of this subtitle; and
``(C) such other information as the Secretary may
determine is appropriate.
``(d) Registration of Ammonium Nitrate Purchasers.--
``(1) Registration.--The Secretary shall establish a process
by which any person that--
``(A) intends to be an ammonium nitrate purchaser is
required to register with the Department; and
``(B) registers under subparagraph (A) is issued a
registration number for purposes of this subtitle.
``(2) Registration information.--Any person applying to
register under paragraph (1) as an ammonium nitrate purchaser
shall submit to the Secretary--
``(A) the name, address, and telephone number of the
applicant; and
``(B) the intended use of ammonium nitrate to be
purchased by the applicant.
``(e) Records.--
``(1) Maintenance of records.--The owner of an ammonium
nitrate facility shall--
``(A) maintain a record of each sale or transfer of
ammonium nitrate, during the two-year period beginning
on the date of that sale or transfer; and
``(B) include in such record the information
described in paragraph (2).
``(2) Specific information required.--For each sale or
transfer of ammonium nitrate, the owner of an ammonium nitrate
facility shall--
``(A) record the name, address, telephone number,
and registration number issued under subsection (c) or
(d) of
[[Page 121 STAT. 2085]]
each person that purchases ammonium nitrate, in a manner
prescribed by the Secretary;
``(B) if applicable, record the name, address, and
telephone number of an agent acting on behalf of the
person described in subparagraph (A), at the point of
sale;
``(C) record the date and quantity of ammonium
nitrate sold or transferred; and
``(D) verify the identity of the persons described
in subparagraphs (A) and (B), as applicable, in
accordance with a procedure established by the
Secretary.
``(3) Protection of information.--In maintaining records in
accordance with paragraph (1), the owner of an ammonium nitrate
facility shall take reasonable actions to ensure the protection
of the information included in such records.
``(f) Exemption for Explosive Purposes.--The Secretary may exempt
from this subtitle a person producing, selling, or purchasing ammonium
nitrate exclusively for use in the production of an explosive under a
license or permit issued under chapter 40 of title 18, United States
Code.
``(g) Consultation.--In carrying out this section, the Secretary
shall consult with the Secretary of Agriculture, States, and appropriate
private sector entities, to ensure that the access of agricultural
producers to ammonium nitrate is not unduly burdened.
``(h) Data Confidentiality.--
``(1) In general.--Notwithstanding section 552 of title 5,
United States Code, or the USA PATRIOT ACT (Public Law 107-56;
115 Stat. 272), and except as provided in paragraph (2), the
Secretary may not disclose to any person any information
obtained under this subtitle.
``(2) Exception.--The Secretary may disclose any information
obtained by the Secretary under this subtitle to--
``(A) an officer or employee of the United States,
or a person that has entered into a contract with the
United States, who has a need to know the information to
perform the duties of the officer, employee, or person;
or
``(B) to a State agency under section 899D, under
appropriate arrangements to ensure the protection of the
information.
``(i) Registration Procedures and Check of Terrorist Screening
Database.--
``(1) Registration procedures.--
``(A) Generally.--The Secretary shall establish
procedures to efficiently receive applications for
registration numbers under this subtitle, conduct the
checks required under paragraph (2), and promptly issue
or deny a registration number.
``(B) Initial six-month registration period.--The
Secretary shall take steps to maximize the number of
registration applications that are submitted and
processed during the six-month period described in
section 899F(e).
``(2) Check of terrorist screening database.--
``(A) Check required.--The Secretary shall conduct a
check of appropriate identifying information of any
person seeking to register with the Department under
subsection (c) or (d) against identifying information
that appears in the terrorist screening database of the
Department.
[[Page 121 STAT. 2086]]
``(B) Authority to deny registration number.--If the
identifying information of a person seeking to register
with the Department under subsection (c) or (d) appears
in the terrorist screening database of the Department,
the Secretary may deny issuance of a registration number
under this subtitle.
``(3) Expedited <<NOTE: Deadline.>> review of
applications.--
``(A) In general.--Following the six-month period
described in section 899F(e), the Secretary shall, to
the extent practicable, issue or deny registration
numbers under this subtitle not later than 72 hours
after the time the Secretary receives a complete
registration application, unless the Secretary
determines, in the interest of national security, that
additional time is necessary to review an application.
``(B) Notice of application status.--In all cases,
the Secretary shall notify a person seeking to register
with the Department under subsection (c) or (d) of the
status of the application of that person not later than
72 hours after the time the Secretary receives a
complete registration application.
``(4) Expedited appeals process.--
``(A) Requirement.--
``(i) Appeals process.--The Secretary shall
establish an expedited appeals process for persons
denied a registration number under this subtitle.
``(ii) Time period for resolution.--The
Secretary shall, to the extent practicable,
resolve appeals not later than 72 hours after
receiving a complete request for appeal unless the
Secretary determines, in the interest of national
security, that additional time is necessary to
resolve an appeal.
``(B) Consultation.--The Secretary, in developing
the appeals process under subparagraph (A), shall
consult with appropriate stakeholders.
``(C) Guidance.--The Secretary shall provide
guidance regarding the procedures and information
required for an appeal under subparagraph (A) to any
person denied a registration number under this subtitle.
``(5) Restrictions on use and maintenance of information.--
``(A) In general.--Any information constituting
grounds for denial of a registration number under this
section shall be maintained confidentially by the
Secretary and may be used only for making determinations
under this section.
``(B) Sharing of information.--Notwithstanding any
other provision of this subtitle, the Secretary may
share any such information with Federal, State, local,
and tribal law enforcement agencies, as appropriate.
``(6) Registration information.--
``(A) Authority to require information.--The
Secretary may require a person applying for a
registration number under this subtitle to submit such
information as may be necessary to carry out the
requirements of this section.
[[Page 121 STAT. 2087]]
``(B) Requirement to update information.--The
Secretary may require persons issued a registration
under this subtitle to update registration information
submitted to the Secretary under this subtitle, as
appropriate.
``(7) Re-checks against terrorist screening database.--
``(A) Re-checks.--The Secretary shall, as
appropriate, recheck persons provided a registration
number pursuant to this subtitle against the terrorist
screening database of the Department, and may revoke
such registration number if the Secretary determines
such person may pose a threat to national security.
``(B) Notice of revocation.--The Secretary shall, as
appropriate, provide prior notice to a person whose
registration number is revoked under this section and
such person shall have an opportunity to appeal, as
provided in paragraph (4).
``SEC. 899C. <<NOTE: 6 USC 488b.>> INSPECTION AND AUDITING OF RECORDS.
``The Secretary shall establish a process for the periodic
inspection and auditing of the records maintained by owners of ammonium
nitrate facilities for the purpose of monitoring compliance with this
subtitle or for the purpose of deterring or preventing the
misappropriation or use of ammonium nitrate in an act of terrorism.
``SEC. 899D. <<NOTE: 6 USC 488c.>> ADMINISTRATIVE PROVISIONS.
``(a) Cooperative Agreements.--The Secretary--
``(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State department of
agriculture or its designee involved in agricultural regulation,
in consultation with the State agency responsible for homeland
security, to carry out the provisions of this subtitle; and
``(2) wherever possible, shall seek to cooperate with State
agencies or their designees that oversee ammonium nitrate
facility operations when seeking cooperative agreements to
implement the registration and enforcement provisions of this
subtitle.
``(b) Delegation.--
``(1) Authority.--The Secretary may delegate to a State the
authority to assist the Secretary in the administration and
enforcement of this subtitle.
``(2) Delegation required.--At the request of a Governor of
a State, the Secretary shall delegate to that State the
authority to carry out functions under sections 899B and 899C,
if the Secretary determines that the State is capable of
satisfactorily carrying out such functions.
``(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to a State
under this subsection, the Secretary shall provide to that State
sufficient funds to carry out the delegated functions.
``(c) Provision of Guidance and Notification Materials to Ammonium
Nitrate Facilities.--
``(1) Guidance.--The Secretary shall make available to each
owner of an ammonium nitrate facility registered under section
899B(c)(1) guidance on--
``(A) the identification of suspicious ammonium
nitrate purchases or transfers or attempted purchases or
transfers;
``(B) the appropriate course of action to be taken
by the ammonium nitrate facility owner with respect to
such
[[Page 121 STAT. 2088]]
a purchase or transfer or attempted purchase or
transfer, including--
``(i) exercising the right of the owner of the
ammonium nitrate facility to decline sale of
ammonium nitrate; and
``(ii) notifying appropriate law enforcement
entities; and
``(C) additional subjects determined appropriate to
prevent the misappropriation or use of ammonium nitrate
in an act of terrorism.
``(2) Use of materials and programs.--In providing guidance
under this subsection, the Secretary shall, to the extent
practicable, leverage any relevant materials and programs.
``(3) Notification materials.--
``(A) In general.--The Secretary shall make
available materials suitable for posting at locations
where ammonium nitrate is sold.
``(B) Design of materials.--Materials made available
under subparagraph (A) shall be designed to notify
prospective ammonium nitrate purchasers of--
``(i) the record-keeping requirements under
section 899B; and
``(ii) the penalties for violating such
requirements.
``SEC. 899E. <<NOTE: 6 USC 488d.>> THEFT REPORTING REQUIREMENT.
``Any person who is required to comply with section 899B(e) who has
knowledge of the theft or unexplained loss of ammonium nitrate shall
report such theft or loss to the appropriate Federal law enforcement
authorities not later than 1 calendar day of the date on which the
person becomes aware of such theft or loss. Upon receipt of such report,
the relevant Federal authorities shall inform State, local, and tribal
law enforcement entities, as appropriate.
``SEC. 899F. <<NOTE: 6 USC 488e.>> PROHIBITIONS AND PENALTY.
``(a) Prohibitions.--
``(1) Taking possession.--No person shall purchase ammonium
nitrate from an ammonium nitrate facility unless such person is
registered under subsection (c) or (d) of section 899B, or is an
agent of a person registered under subsection (c) or (d) of that
section.
``(2) Transferring possession.--An owner of an ammonium
nitrate facility shall not transfer possession of ammonium
nitrate from the ammonium nitrate facility to any ammonium
nitrate purchaser who is not registered under subsection (c) or
(d) of section 899B, or to any agent acting on behalf of an
ammonium nitrate purchaser when such purchaser is not registered
under subsection (c) or (d) of section 899B.
``(3) Other prohibitions.--No person shall--
``(A) purchase ammonium nitrate without a
registration number required under subsection (c) or (d)
of section 899B;
``(B) own or operate an ammonium nitrate facility
without a registration number required under section
899B(c); or
``(C) fail to comply with any requirement or violate
any other prohibition under this subtitle.
[[Page 121 STAT. 2089]]
``(b) Civil Penalty.--A person that violates this subtitle may be
assessed a civil penalty by the Secretary of not more than $50,000 per
violation.
``(c) Penalty Considerations.--In determining the amount of a civil
penalty under this section, the Secretary shall consider--
``(1) the nature and circumstances of the violation;
``(2) with respect to the person who commits the violation,
any history of prior violations, the ability to pay the penalty,
and any effect the penalty is likely to have on the ability of
such person to do business; and
``(3) any other matter that the Secretary determines that
justice requires.
``(d) Notice and Opportunity for a Hearing.--No civil penalty may be
assessed under this subtitle unless the person liable for the penalty
has been given notice and an opportunity for a hearing on the violation
for which the penalty is to be assessed in the county, parish, or
incorporated city of residence of that person.
``(e) Delay in <<NOTE: Regulations.>> Application of Prohibition.--
Paragraphs (1) and (2) of subsection (a) shall apply on and after the
date that is 6 months after the date that the Secretary issues a final
rule implementing this subtitle.
``SEC. 899G. <<NOTE: 6 USC 488f.>> PROTECTION FROM CIVIL LIABILITY.
``(a) In General.--Notwithstanding any other provision of law, an
owner of an ammonium nitrate facility that in good faith refuses to sell
or transfer ammonium nitrate to any person, or that in good faith
discloses to the Department or to appropriate law enforcement
authorities an actual or attempted purchase or transfer of ammonium
nitrate, based upon a reasonable belief that the person seeking purchase
or transfer of ammonium nitrate may use the ammonium nitrate to create
an explosive device to be employed in an act of terrorism (as defined in
section 3077 of title 18, United States Code), or to use ammonium
nitrate for any other unlawful purpose, shall not be liable in any civil
action relating to that refusal to sell ammonium nitrate or that
disclosure.
``(b) Reasonable Belief.--A reasonable belief that a person may use
ammonium nitrate to create an explosive device to be employed in an act
of terrorism under subsection (a) may not solely be based on the race,
sex, national origin, creed, religion, status as a veteran, or status as
a member of the Armed Forces of the United States of that person.
``SEC. 899H. <<NOTE: 6 USC 488g.>> PREEMPTION OF OTHER LAWS.
``(a) Other Federal Regulations.--Except as provided in section
899G, nothing in this subtitle affects any regulation issued by any
agency other than an agency of the Department.
``(b) State Law.--Subject to section 899G, this subtitle preempts
the laws of any State to the extent that such laws are inconsistent with
this subtitle, except that this subtitle shall not preempt any State law
that provides additional protection against the acquisition of ammonium
nitrate by terrorists or the use of ammonium nitrate in explosives in
acts of terrorism or for other illicit purposes, as determined by the
Secretary.
``SEC. 899I. <<NOTE: 6 USC 488h.>> DEADLINES FOR REGULATIONS.
``The Secretary--
[[Page 121 STAT. 2090]]
``(1) shall issue a proposed rule implementing this subtitle
not later than 6 months after the date of the enactment of this
subtitle; and
``(2) issue a final rule implementing this subtitle not
later than 1 year after such date of enactment.
``SEC. 899J. <<NOTE: 6 USC 488i.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary--
``(1) $2,000,000 for fiscal year 2008; and
``(2) $10,750,000 for each of fiscal years 2009 through
2012.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 899
the following:
``Subtitle J--Secure Handling of Ammonium Nitrate
``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
Sec. 564. Improvement of Barriers at Border. (a) Section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note) is amended--
(1) in subsection (a), by striking ``Attorney General, in
consultation with the Commissioner of Immigration and
Naturalization,'' and inserting ``Secretary of Homeland
Security''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking ``in the
Border Area'' and inserting ``Along the Border'';
(B) in paragraph (1)--
(i) in the heading, by striking ``Security
features'' and inserting ``Additional fencing
along southwest border''; and
(ii) by striking subparagraphs (A) through (C)
and inserting the following:
``(A) Reinforced fencing.--In carrying out
subsection (a), the Secretary of Homeland Security shall
construct reinforced fencing along not less than 700
miles of the southwest border where fencing would be
most practical and effective and provide for the
installation of additional physical barriers, roads,
lighting, cameras, and sensors to gain operational
control of the southwest border.
``(B) Priority areas.--In carrying out this section,
the Secretary of Homeland Security shall--
``(i) <<NOTE: Expiration date.>> identify the
370 miles, or other mileage determined by the
Secretary, whose authority to determine other
mileage shall expire on December 31, 2008, along
the southwest border where fencing would be most
practical and effective in deterring smugglers and
aliens attempting to gain illegal entry into the
United States; and
[[Page 121 STAT. 2091]]
``(ii) <<NOTE: Deadline.>> not later than
December 31, 2008, complete construction of
reinforced fencing along the miles identified
under clause (i).
``(C) Consultation.--
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security shall
consult with the Secretary of the Interior, the
Secretary of Agriculture, States, local
governments, Indian tribes, and property owners in
the United States to minimize the impact on the
environment, culture, commerce, and quality of
life for the communities and residents located
near the sites at which such fencing is to be
constructed.
``(ii) Savings provision.--Nothing in this
subparagraph may be construed to--
``(I) create or negate any right of
action for a State, local government, or
other person or entity affected by this
subsection; or
``(II) affect the eminent domain
laws of the United States or of any
State.
``(D) Limitation on requirements.--Notwithstanding
subparagraph (A), nothing in this paragraph shall
require the Secretary of Homeland Security to install
fencing, physical barriers, roads, lighting, cameras,
and sensors in a particular location along an
international border of the United States, if the
Secretary determines that the use or placement of such
resources is not the most appropriate means to achieve
and maintain operational control over the international
border at such location.''; and
(C) in paragraph (4), by striking ``to carry out
this subsection not to exceed $12,000,000'' and
inserting ``such sums as may be necessary to carry out
this subsection''.
(b) No funds appropriated in this Act for U.S. Customs and Border
Protection ``Border Security Fencing, Infrastructure, and Technology''
may be obligated unless the Secretary of Homeland Security has complied
with section 102(b)(2)(C)(i) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) as amended by
subsection (a)(2).
Sec. 565. International Registered Traveler Program. Section
7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland
Security shall establish an international registered
traveler program that incorporates available
technologies, such as biometrics and e-passports, and
security threat assessments to expedite the screening
and processing of international travelers, including
United States Citizens and residents, who enter and exit
the United States. The program shall be coordinated with
the United States Visitor and Immigrant Status Indicator
Technology program, other pre-screening initiatives, and
the Visa Waiver Program.
``(B) Fees.--The Secretary may impose a fee for the
program established under subparagraph (A) and may
modify such fee from time to time. The fee may not
exceed the aggregate costs associated with the program
and shall be credited to the Department of Homeland
Security for
[[Page 121 STAT. 2092]]
purposes of carrying out the program. Amounts so
credited shall remain available until expended.
``(C) Rulemaking.--Within
365 <<NOTE: Deadline.>> days after the date of enactment
of this paragraph, the Secretary shall initiate a
rulemaking to establish the program, criteria for
participation, and the fee for the program.
``(D) Implementation.--Not <<NOTE: Deadline.>> later
than 2 years after the date of enactment of this
paragraph, the Secretary shall establish a phased-
implementation of a biometric-based international
registered traveler program in conjunction with the
United States Visitor and Immigrant Status Indicator
Technology entry and exit system, other pre-screening
initiatives, and the Visa Waiver Program at United
States airports with the highest volume of international
travelers.
``(E) Participation.--The Secretary shall ensure
that the international registered traveler program
includes as many participants as practicable by--
``(i) establishing a reasonable cost of
enrollment;
``(ii) making program enrollment convenient
and easily accessible; and
``(iii) providing applicants with clear and
consistent eligibility guidelines.''.
Sec. 566. Shared Border Management. (a) Study.--The Comptroller
General of the United States shall conduct a study on the Department of
Homeland Security's use of shared border management to secure the
international borders of the United States.
(b) Report.--The Comptroller General shall submit a report to
Congress that describes--
(1) any negotiations, plans, or designs conducted by
officials of the Department of Homeland Security regarding the
practice of shared border management; and
(2) the factors required to be in place for shared border
management to be successful.
Sec. 567. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national identification
card.
Sec. 568. Transportation Security Administration Acquisition
Management Policy. (a) In General.--Section 114 of title 49, United
States Code, is amended by striking subsection (o) and redesignating
subsections (p) through (t) as subsections (o) through (s),
respectively.
(b) Effective Date.--The <<NOTE: 49 USC 114 note.>> amendment made
by subsection (a) shall take effect 180 days after the date of enactment
of this Act.
Sec. 569.
(a) <<NOTE: Deadline. President. Website. Reports.>> 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
[[Page 121 STAT. 2093]]
damage assessment information used to determine whether to declare a
major disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 570. If the Secretary of Homeland Security establishes a
National Transportation Security Center of Excellence to conduct
research and education activities, and to develop or provide
professional security training, including the training of transportation
employees and transportation professionals, the Mineta Transportation
Institute at San Jose State University may be included as a member
institution of such Center.
Sec. 571. <<NOTE: Effective date. Biometric card. 49 USC 114
note.>> 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, <<NOTE: Applicability.>> That if
their identity is not confirmed biometrically, the standard identity and
screening procedures will apply: Provided
further, <<NOTE: Notification. Deadline.>> That if the Assistant
Secretary (Transportation Security Administration) determines this is a
threat to civil aviation, then the Assistant Secretary (Transportation
Security Administration) shall notify the Committees on Appropriations
of the Senate and House of Representatives five days in advance of such
determination and require Registered Travelers to present government-
issued photo identification documents in conjunction with a
biometrically-secure Registered Traveler card.
Sec. 572. Section 831(a) of the Homeland Security Act of 2002 (6
U.S.C. 391(a)) is amended by striking ``During the 5-year period
following the effective date of this Act'' and inserting ``Until
September 30, 2008''.
Sec. 573. (a) Rescission.--Of amounts previously made available from
the Federal Emergency Management Agency ``Disaster Relief'' to the State
of Mississippi pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) for
Hurricane Katrina, $20,000,000 are rescinded.
(b) Appropriation.--For Federal Emergency Management Agency ``State
and Local Programs'', there is appropriated an additional $20,000,000,
to remain available until expended, for a grant to the State of
Mississippi for an interoperable communications system required in the
aftermath of Hurricane Katrina: Provided, That this entire amount is
designated as described in section 5 (in the matter preceding division A
of this consolidated Act).
[[Page 121 STAT. 2094]]
TITLE <<NOTE: Border Infrastructure and Technology Modernization Act of
2007.>> VI
BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
Sec. 601. Short <<NOTE: 6 USC 1401 note.>> Title.
This title may be cited as the ``Border Infrastructure and
Technology Modernization Act of 2007''.
Sec. 602. Definitions.--In <<NOTE: 6 USC 1401.>> this title:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection of the
Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means the
international border between the United States and Canada.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(5) Southern border.--The term ``southern border'' means the
international border between the United States and Mexico.
Sec. 603. Port of Entry Infrastructure Assessment Study.--(a)
Requirement To Update.--Not <<NOTE: Deadline. 6 USC 1402.>> later than
January 31 of every other year, the Commissioner, in consultation with
the Administrator of General Services shall--
(1) review--
(A) the Port of Entry Infrastructure Assessment
Study prepared by the United States Customs Service, the
Immigration and Naturalization Service, and the General
Services Administration in accordance with the matter
relating to the ports of entry infrastructure assessment
set forth in the joint explanatory statement on page 67
of conference report 106-319, accompanying Public Law
106-58; and
(B) the nationwide strategy to prioritize and
address the infrastructure needs at the land ports of
entry prepared by the Department of Homeland Security
and the General Services Administration in accordance
with the committee recommendations on page 22 of Senate
report 108-86, accompanying Public Law 108-90;
(2) update the assessment of the infrastructure needs of all
United States land ports of entry; and
(3) submit an updated assessment of land port of entry
infrastructure needs to the Committees on Appropriations of the
Senate and the House of Representatives, the Senate Committee on
Environment and Public Works, the Senate Committee on Homeland
Security and Governmental Affairs, the House Committee on
Transportation and Infrastructure, and the House Committee on
Homeland Security.
(b) Consultation.--In preparing the updated studies required under
subsection (a), the Commissioner and the Administrator of General
Services shall consult with the Director of the Office of Management and
Budget, the Secretary, and affected State and local agencies on the
northern and southern borders of the United States.
[[Page 121 STAT. 2095]]
(c) Content.--Each updated study required in subsection (a) shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 604; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project--
(A) to enhance the ability of U.S. Customs and
Border Protection to achieve its mission and to support
operations;
(B) to fulfill security requirements; and
(C) facilitate trade across the borders of the
United States.
(d) Project Implementation.--The Commissioner, as appropriate,
shall--
(1) implement the infrastructure and technology improvement
projects described in subsection (c) in the order of priority
assigned to each project under subsection (c)(3); or
(2) forward the prioritized list of infrastructure and
technology improvement projects to the Administrator of General
Services for implementation in the order of priority assigned to
each project under subsection (c)(3).
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, including immediate security needs, changes in
infrastructure in Mexico or Canada, or similar concerns, compellingly
alter the need for a project in the United States.
Sec. 604. National <<NOTE: 6 USC 1403.>> Land Border Security Plan.
(a) Requirement for Plan.--Not <<NOTE: Deadline.>> later than January 31
of every other year, the Secretary, acting through the Commissioner,
shall prepare a National Land Border Security Plan and submit such plan
to the Committees on Appropriations of the Senate and the House of
Representatives, the Senate Committee on Environment and Public Works,
the Senate Committee on Homeland Security and Governmental Affairs, the
Senate Committee on the Judiciary, the House Committee on Transportation
and Infrastructure, the House Committee on Homeland Security, and the
House Committee on the Judiciary.
(b) Consultation.--In preparing the plan required under subsection
(a), the Commissioner shall consult with other appropriate Federal
agencies, State and local law enforcement agencies, and private entities
that are involved in international trade across the northern or southern
border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required under subsection (a)
shall include a vulnerability, risk, and threat assessment of
each port of entry located on the northern border or the
southern border.
(2) Port security coordinators.--The Secretary, acting
through the Commissioner, may establish one or more port
security coordinators at each port of entry located on the
northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
[[Page 121 STAT. 2096]]
(B) to provide other assistance with the preparation
of the plan required under subsection (a).
(d) Coordination with the Secure Border Initiative.--The plan
required under subsection (a) shall include a description of activities
undertaken during the previous year as part of the Secure Border
Initiative and actions planned for the coming year as part of the Secure
Border Initiative.
Sec. 605. Port of <<NOTE: 6 USC 1404.>> Entry Technology
Demonstration Program. (a) Establishment.--The Secretary, acting through
the Commissioner, shall carry out a technology demonstration program to
test and evaluate new port of entry technologies, refine port of entry
technologies and operational concepts, and train personnel under
realistic conditions.
(b) Technology Tested.--Under the demonstration program, the
Commissioner shall test technologies that enhance port of entry
operations, including those related to inspections, communications, port
tracking, identification of persons and cargo, sensory devices, personal
detection, decision support, and the detection and identification of
weapons of mass destruction.
(c) Demonstration Sites.--
(1) Number.--The Commissioner shall carry out the
demonstration program at not less than three sites and not more
than five sites.
(2) Location.--Of the sites selected under subsection (c)--
(A) at least one shall be located on the northern
border of the United States; and
(B) at least one shall be located on the southern
border of the United States.
(3) Selection criteria.--To ensure that one of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and can efficiently carry out demonstration and port of entry
operations, one port of entry selected as a demonstration site
may--
(A) have been established not more than 15 years
before the date of the enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion onto not less than 25 adjacent
acres; and
(C) have serviced an average of not more than 50,000
vehicles per month during the 12 months preceding the
date of the enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary, acting through
the Commissioner, shall permit personnel from appropriate Federal
agencies to utilize a demonstration site described in subsection (c) to
test technologies that enhance port of entry operations, including those
related to inspections, communications, port tracking, identification of
persons and cargo, sensory devices, personal detection, decision
support, and the detection and identification of weapons of mass
destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, the Senate
[[Page 121 STAT. 2097]]
Committee on Environment and Public Works, the Senate Committee
on Homeland Security and Governmental Affairs, the House
Committee on Transportation and Infrastructure, and the House
Committee on Homeland Security a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report shall include an assessment by the
Commissioner of the feasibility of incorporating any
demonstrated technology for use throughout U.S. Customs and
Border Protection.
Sec. 606. Authorization of <<NOTE: 6 USC 1405.>> Appropriations. (a)
In General.--In addition to any funds otherwise available, there are
authorized to be appropriated such sums as may be necessary to carry out
this title for fiscal years 2009 through 2013.
(b) International Agreements.--Funds authorized to be appropriated
under this title may be used for the implementation of projects
described in the Declaration on Embracing Technology and Cooperation to
Promote the Secure and Efficient Flow of People and Commerce across our
Shared Border between the United States and Mexico, agreed to March 22,
2002, Monterrey, Mexico (commonly known as the Border Partnership Action
Plan) or the Smart Border Declaration between the United States and
Canada, agreed to December 12, 2001, Ottawa, Canada that are consistent
with the provisions of this title.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2008''.
DIVISION F--DEPARTMENT OF <<NOTE: Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008.>> THE
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to Public Law 96-487 (16 U.S.C. 3150(a)), $867,463,000, to remain
available until expended, of which not to exceed $91,629,000 is
available for oil and gas management; and of which $1,500,000 is for
high priority projects, to be carried out by the Youth Conservation
Corps; and of which $2,900,000 shall be available in fiscal year 2008
subject to a match by at least an equal amount by the National Fish and
Wildlife Foundation for cost-shared projects supporting conservation of
Bureau lands; and such funds shall be advanced to the Foundation as a
lump sum grant without regard to when expenses are incurred.
[[Page 121 STAT. 2098]]
In addition, $25,500,000 is for the processing of applications for
permit to drill and related use authorizations, to remain available
until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from $4,000 per new
application for permit to drill that the Bureau shall collect upon
submission of each new application, and in addition, $34,696,000 is for
Mining Law Administration program operations, including the cost of
administering the mining claim fee program; to remain available until
expended, to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to result in a
final appropriation estimated at not more than $867,463,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities.
construction
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $6,476,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $9,081,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $110,242,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
forest ecosystem health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, implementing and monitoring
salvage timber sales and forest ecosystem health and recovery
activities, such as release from competing vegetation and density
control treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not
[[Page 121 STAT. 2099]]
paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et
seq., and Public Law 106-393) derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health and Recovery
Fund.
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579, as amended, and Public Law 93-153, to remain
available until expended: Provided, <<NOTE: 43 USC 1735 note.>> That,
notwithstanding any provision to the contrary of section 305(a) of
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether as a result of forfeiture,
compromise, or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and
may be expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of a
resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action are
used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
[[Page 121 STAT. 2100]]
wildland fire management
(including transfer of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $820,878,000, to remain available until expended, of
which not to exceed $6,234,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided further, That
using the amounts designated under this title of this Act, the Secretary
of the Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels reduction activities, and
for training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That
notwithstanding requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction activities, may
obtain maximum practicable competition among: (1) local private,
nonprofit, or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related partnerships with
State, local, or non-profit youth groups; (3) small or micro-businesses;
or (4) other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project workforce to
complete such contracts: Provided further, <<NOTE: Guidance.>> That in
implementing this section, the Secretary shall develop written guidance
to field units to ensure accountability and consistent application of
the authorities provided herein: Provided further, That funds
appropriated under this head may be used to reimburse the United States
Fish and Wildlife Service and the National Marine Fisheries Service for
the costs of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
as required by section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of the
Interior may use wildland fire appropriations to enter into non-
competitive sole source leases of real property with local governments,
at or below fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not limited to
fire guard stations, retardant stations, and other initial attack and
fire support facilities, and to make advance payments for any such lease
or for construction activity associated with the lease:
[[Page 121 STAT. 2101]]
Provided further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed
$10,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management programs
and projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency response
actions: Provided further, That Public Law 110-116, division B, section
157(b)(2) <<NOTE: Ante, p. 1342.>> is amended by inserting after ``to
other accounts'' the phrase ``and non-suppression budget activities''.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on the Secretary's certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards.
Section 28 of title 30, <<NOTE: 28 USC 28f, 28g.>> United States
Code, is amended: (1) in section 28 by striking the phrase ``shall
commence at 12 o'clock meridian on the 1st day of September'' and
inserting ``shall commence at 12:01 ante meridian on the first day of
September''; (2) in section 28f(a), by striking the phrase ``for years
2004 through 2008''; and (3) in section 28g, by striking the phrase
``and before September 30, 2008,''.
Sums not <<NOTE: 43 USC 1474f.>> to exceed 1 percent of the total
value of procurements received by the Bureau of Land Management from
vendors under enterprise information technology-procurements that the
Department of the Interior and other Federal Government agencies may use
to order information technology hereafter may be deposited into the
Management of Lands and Resources account to offset costs incurred in
conducting the procurement.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
maintenance of the herd of long-horned cattle on the Wichita Mountains
Wildlife Refuge, general administration, and for the performance of
other authorized functions related to such resources by direct
expenditure, contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $1,099,772,000, to remain
available until September 30, 2009 except as otherwise provided herein:
Provided, That $2,500,000
[[Page 121 STAT. 2102]]
is for high priority projects, which shall be carried out by the Youth
Conservation Corps: Provided further, That not to exceed $18,263,000
shall be used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing petitions,
developing and issuing proposed and final regulations, and taking any
other steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $9,926,000 shall
be used for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support, for species
listed pursuant to subsection (a)(1) prior to October 1, 2007: Provided
further, That of the amount available for law enforcement, up to
$400,000, to remain available until expended, may at the discretion of
the Secretary be used for payment for information, rewards, or evidence
concerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity, authorized
or approved by the Secretary and to be accounted for solely on the
Secretary's certificate: Provided further, That of the amount provided
for environmental contaminants, up to $1,000,000 may remain available
until expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and wildlife
resources, and the acquisition of lands and interests therein;
$33,688,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $35,144,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than
$1,750,000 shall be for land conservation partnerships authorized by the
Highlands Conservation Act of 2004: Provided, That none of the funds
appropriated for specific land acquisition projects can be used to pay
for any administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $75,001,000,
to remain available until expended, of which $25,228,000 is to be
derived from the Cooperative Endangered Species Conservation Fund,
$5,066,666 of which shall be for the Idaho Salmon and Clearwater River
Basins Habitat Account pursuant to the Snake River Water Rights Act of
2004; and of which $49,773,000 is to be derived from the Land and Water
Conservation Fund.
[[Page 121 STAT. 2103]]
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $14,202,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$42,646,000, to remain available until expended.
Neotropical Migratory Bird Conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $4,500,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
6606), $8,000,000, to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and federally-recognized
Indian tribes under the provisions of the Fish and Wildlife Act of 1956
and the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished, $75,000,000,
to remain available until expended: Provided, That of the amount
provided herein, $6,282,000 is for a competitive grant program for
Indian tribes not subject to the remaining provisions of this
appropriation: Provided further, That $5,000,000 is for a competitive
grant program for States, territories, and other jurisdictions with
approved plans, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall, after
deducting said $11,282,000 and administrative expenses, apportion the
amount provided herein in the following manner: (1) to the District of
Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not
more than one-half of 1 percent thereof; and (2) to Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1) one-third of
which is based on the ratio to which the land area of such State bears
to the total land area of all such States; and (2) two-thirds of which
is based on the ratio to which the population of such State bears to the
total population of all such States:
[[Page 121 STAT. 2104]]
Provided further, That the amounts apportioned under this paragraph
shall be adjusted equitably so that no State shall be apportioned a sum
which is less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 50 percent of
the total costs of such projects: Provided further, That the non-Federal
share of such projects may not be derived from Federal grant programs:
Provided further, That no State, territory, or other jurisdiction shall
receive a grant if its comprehensive wildlife conservation plan is
disapproved and such funds that would have been distributed to such
State, territory, or other jurisdiction shall be distributed equitably
to States, territories, and other jurisdictions with approved plans:
Provided further, That any amount apportioned in 2008 to any State,
territory, or other jurisdiction that remains unobligated as of
September 30, 2009, shall be reapportioned, together with funds
appropriated in 2010, in the manner provided herein.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United States has
title, and which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That, notwithstanding any other provision of law, the Service
may use up to $2,000,000 from funds provided for contracts for
employment-related legal services: Provided further, That the Service
may accept donated aircraft as replacements for existing aircraft:
Provided further, That, notwithstanding any other provision of law, the
Secretary of the Interior may not spend any of the funds appropriated in
this Act for the purchase of lands or interests in lands to be used in
the establishment of any new unit of the National Wildlife Refuge System
unless the purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the reprogramming
procedures contained in the statement of the managers accompanying this
Act.
[[Page 121 STAT. 2105]]
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including expenses to carry out programs of the United States
Park Police), and for the general administration of the National Park
Service, $2,001,809,000, of which $9,965,000 is for planning and
interagency coordination in support of Everglades restoration and shall
remain available until expended; of which $101,164,000, to remain
available until September 30, 2009, is for maintenance, repair or
rehabilitation projects for constructed assets, operation of the
National Park Service automated facility management software system, and
comprehensive facility condition assessments; and of which $3,000,000
shall be for the Youth Conservation Corps for high priority projects.
centennial challenge
For expenses necessary to carry out provisions of section 814(g) of
Public Law 104-333 relating to challenge cost share agreements,
$25,000,000, to remain available until expended for Centennial Challenge
signature projects and programs: Provided, That not less than 50 percent
of the total cost of each project or program is derived from non-Federal
sources in the form of donated cash, assets, in-kind services, or a
pledge of donation guaranteed by an irrevocable letter of credit.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $68,481,000, of which not to
exceed $7,500,000 may be for Preserve America grants to States, Tribes,
and local communities for projects that preserve important historic
resources through the promotion of heritage tourism: Provided, That any
individual Preserve America grant shall be matched by non-Federal funds:
Provided further, That individual projects shall only be eligible for
one grant: Provided
further, <<NOTE: Grants. Approval. Consultation.>> That grants shall be
approved by the Secretary of the Interior in consultation with the House
and Senate Committees on Appropriations, and in consultation with the
Advisory Council on Historic Preservation prior to the commitment of
grant funds.
historic preservation fund
(including transfers of funds)
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $71,500,000, to be
derived from the Historic Preservation Fund and to remain available
until September 30, 2009; of which $25,000,000 shall be for Save
America's Treasures for preservation of nationally significant sites,
structures, and artifacts: Provided, That any individual Save America's
Treasures grant shall be
[[Page 121 STAT. 2106]]
matched by non-Federal funds; individual projects shall only be eligible
for one grant; and all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That Save America's
Treasures funds allocated for Federal projects, following approval,
shall be available by transfer to appropriate accounts of individual
agencies.
Construction
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$221,985,000, to remain available until expended: Provided, That funds
provided under this heading for implementation of modified water
deliveries to Everglades National Park shall be expended consistent with
the requirements of the fifth proviso under this heading in Public Law
108-108: Provided further, That funds provided under this heading for
implementation of modified water deliveries to Everglades National Park
shall be available for obligation only if matching funds are
appropriated to the Army Corps of Engineers for the same purpose:
Provided further, That none of the funds provided under this heading for
implementation of modified water deliveries to Everglades National Park
shall be available for obligation if any of the funds appropriated to
the Army Corps of Engineers for the purpose of implementing modified
water deliveries, including finalizing detailed engineering and design
documents for a bridge or series of bridges for the Tamiami Trail
component of the project, becomes unavailable for obligation: Provided
further, That of the funds made available under this heading, not to
exceed $3,800,000 is authorized to be used for the National Park
Service's proportionate cost of upgrading the West Yellowstone/Hebgen
Basin (Gallatin County, Montana) municipal solid waste disposal system
for the processing and disposal of municipal solid waste generated
within Yellowstone National Park: Provided further, That future fees
paid by the National Park Service to the West Yellowstone/Hebgen Basin
Solid Waste District will be restricted to operations and maintenance
costs of the facility, given the capital contribution made by the
National Park Service.
land and water conservation fund
(rescission)
The <<NOTE: 16 USC 460l-10a note.>> contract authority provided for
fiscal year 2008 by 16 U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable
to the National Park Service, $70,070,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $25,000,000 is for the State assistance program.
[[Page 121 STAT. 2107]]
administrative provisions
For <<NOTE: 16 USC 5954 note.>> fiscal year 2008 and hereafter, if
the Secretary of the Interior, or either party to a value determination
proceeding conducted under a National Park Service concession contract
issued prior to November 13, 1998, considers that the value
determination decision issued pursuant to the proceeding misinterprets
or misapplies relevant contractual requirements or their underlying
legal authority, the Secretary or either party may seek, within 180 days
of any such decision, the de novo review of the value determination
decision by the United States Court of Federal Claims. This court may
make an order affirming, vacating, modifying or correcting the
determination decision.
In addition to other uses set forth in section 407(d) of Public Law
105-391, franchise fees credited to a sub-account shall be available for
expenditure by the Secretary, without further appropriation, for use at
any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that the
benefiting unit anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to extinguish or
reduce liability. Franchise fees at the benefiting unit shall be
credited to the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefiting unit, in the
amount of funds so expended to extinguish or reduce liability.
A willing seller from whom the Service acquires title to real
property may be considered a ``displaced person'' for purposes of the
Uniform Relocation Assistance and Real Property Acquisition Policy Act
and its implementing regulations, whether or not the Service has the
authority to acquire such property by eminent domain.
Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)),
related to the National Park System Advisory Board, is amended in the
first sentence by striking ``2007'' and inserting ``2009''.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,022,430,000, to remain
available until September 30, 2009, of which $63,845,000 shall be
available only for cooperation with States or municipalities for water
resources investigations; of which $40,150,000 shall remain available
until expended for satellite operations; and of which $8,023,000 shall
be available until expended for deferred maintenance and capital
[[Page 121 STAT. 2108]]
improvement projects: Provided, That none of the funds provided for the
biological research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing by the
property owner: Provided further, <<NOTE: 43 USC 50.>> That no part of
this appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps and
for the making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on the
rolls of the Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be accomplished
through the use of contracts, grants, or cooperative agreements as
defined in 31 U.S.C. 6302 et seq.: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 5, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code, relating
to tort claims, but shall not be considered to be Federal employees for
any other purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable to
oil, gas, and other minerals leases, permits, licenses and operating
contracts; for energy-related or other authorized marine-related
purposes on the Outer Continental Shelf; and for matching grants or
cooperative agreements, $157,202,000, to remain available until
September 30, 2009, of which $82,371,000 shall be available for royalty
management activities; and an amount not to exceed $135,730,000, to be
credited to this appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates in effect
on August 5, 1993, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the Minerals
Management Service (MMS) over and above the rates in effect on September
30, 1993, and from additional fees for Outer Continental Shelf
administrative activities established after September 30, 1993 that the
Secretary of the Interior shall collect in fiscal year 2008 and retain
and use for
[[Page 121 STAT. 2109]]
the necessary expenses of this appropriation: Provided, That to the
extent $135,730,000 in addition to receipts are not realized from the
sources of receipts stated above, the amount needed to reach
$135,730,000 shall be credited to this appropriation from receipts
resulting from rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That not to exceed $3,000 shall
be available for reasonable expenses related to promoting volunteer
beach and marine cleanup activities: Provided further, That
notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Director of MMS concurred with the
claimed refund due, to pay amounts owed to Indian allottees or tribes,
or to correct prior unrecoverable erroneous payments: Provided further,
That for the costs of administration of the Coastal Impact Assistance
Program authorized by section 31 of the Outer Continental Shelf Lands
Act, as amended (43 U.S.C. 1456a), MMS in fiscal years 2008 through 2010
may retain up to 3 percent of the amounts which are disbursed under
section 31(b)(1), such retained amounts to remain available until
expended.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $6,403,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
administrative provisions
The eighth proviso under the heading of ``Minerals Management
Service'' in division E, title I, of the Consolidated Appropriations
Act, 2005 (Public Law 108-447), <<NOTE: 30 USC 1721 note.>> is amended
by inserting ``and Indian accounts'' after ``States'', replacing the
term ``provision'' with ``provisions'', and inserting ``and (d)'' after
30 U.S.C. 1721(b).
Notwithstanding the provisions of section 35(b) of the Mineral
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 2
percent from the amount payable to each State in fiscal year 2008 and
deposit the amount deducted to miscellaneous receipts of the Treasury.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, $120,237,000, to remain available until September 30, 2009:
Provided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected in fiscal
year 2008 for civil penalties assessed under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim
lands adversely affected by coal mining practices after August 3, 1977,
to remain available until expended: Provided further, <<NOTE: 30 USC
1211 note.>> That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal
[[Page 121 STAT. 2110]]
personnel attending Office of Surface Mining Reclamation and Enforcement
sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
$52,774,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That
pursuant to Public Law 97-365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of the delinquent
debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That amounts provided under this
heading may be used for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and Professional
Services program in this Act, the Secretary may transfer title for
computer hardware, software and other technical equipment to State and
tribal regulatory and reclamation programs.
Bureau of Indian Affairs
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), as amended, $2,080,261,000, to remain
available until September 30, 2009 except as otherwise provided herein;
of which not to exceed $8,500 may be for official reception and
representation expenses; and of which not to exceed $80,179,000 shall be
for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary may exceed such cap, from the amounts
provided herein, to provide for disaster relief to Indian communities
affected by the disaster; notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act of 1975,
as amended, not to exceed $149,628,000 shall be available for payments
for contract support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the Bureau
prior to or during fiscal year 2008, as authorized by such Act, except
that tribes and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing contracts,
grants, or compacts, or annual funding agreements and for unmet welfare
assistance costs; of which not to exceed $487,500,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2008, and shall remain available until
September 30, 2009; and of which not to exceed $60,222,000 shall
[[Page 121 STAT. 2111]]
remain available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian Self-
Determination Fund, land records improvement, and the Navajo-Hopi
Settlement Program: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$44,060,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with ongoing grants entered into with the Bureau prior to or during
fiscal year 2007 for the operation of Bureau-funded schools, and up to
$500,000 within and only from such amounts made available for school
operations shall be available for the transitional costs of initial
administrative cost grants to grantees that enter into grants for the
operation on or after July 1, 2007, of Bureau-operated schools: Provided
further, That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2009, may be transferred during fiscal
year 2010 to an Indian forest land assistance account established for
the benefit of the holder of the funds within the tribe's trust fund
account: Provided further, <<NOTE: Expiration date.>> That any such
unobligated balances not so transferred shall expire on September 30,
2010.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $206,983,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 percent of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for fiscal year 2008,
in implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to grant schools
under Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost Principles
for Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, <<NOTE: Negotiation.>> That such grants
shall not be subject to section 12.61 of 43 CFR; the Secretary and the
grantee shall negotiate and determine a schedule of payments for the
work to be performed: Provided further, That in considering
applications, the Secretary shall consider whether such grantee would be
deficient in assuring that the construction projects conform to
applicable building standards and codes and Federal, tribal, or State
health and safety standards as required by 25 U.S.C. 2005(b), with
respect to organizational and financial management capabilities:
Provided further, That if the Secretary declines an application, the
Secretary
[[Page 121 STAT. 2112]]
shall follow the requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision in 25
U.S.C. 2507(e): Provided further, That in order to ensure timely
completion of replacement school construction projects, the Secretary
may assume control of a project and all funds related to the project,
if, within eighteen months of the date of enactment of this Act, any
grantee receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project and
commenced construction of the replacement school: Provided further, That
this Appropriation may be reimbursed from the Office of the Special
Trustee for American Indians Appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 107-331, 108-447, 109-379, and
109-479, and for implementation of other land and water rights
settlements, $34,069,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed and insured loans, $6,276,000, of which
$700,000 is for administrative expenses, as authorized by the Indian
Financing Act of 1974, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $85,506,098.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
and the Indian Guaranteed Loan Program account) shall be available for
expenses of exhibits.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations and
regional offices) shall be available for contracts, grants, compacts, or
cooperative agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination
[[Page 121 STAT. 2113]]
Act or the Tribal Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs, this action shall not diminish the
Federal Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States and that
tribe, or that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the State
of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995. Funds made available under this Act may not be used
to establish a charter school at a Bureau-funded school (as that term is
defined in section 1146 of the Education Amendments of 1978 (25 U.S.C.
2026)), except that a charter school that is in existence on the date of
the enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during that
period, but only if the charter school pays to the Bureau a pro rata
share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a charter
school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United States
Code.
Notwithstanding 25 U.S.C. 2007(d), and implementing regulations, the
funds reserved from the Indian Student Equalization Program to meet
emergencies and unforeseen contingencies affecting education programs
appropriated herein and in Public Law 109-54 may be used for costs
associated with significant student enrollment increases at Bureau-
funded schools during the relevant school year.
Notwithstanding any other provision of law, including section 113 of
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
2004 a grantee received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-301, the
Secretary shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution formula.
[[Page 121 STAT. 2114]]
Departmental Offices
Office of the Secretary
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $101,151,000; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $78,613,000, of which:
(1) $70,137,000 shall remain available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and brown
tree snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in addition to
current local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Islands as authorized
by law (Public Law 94-241; 90 Stat. 272); and (2) $8,476,000 shall be
available until September 30, 2009 for salaries and expenses of the
Office of Insular Affairs: Provided, <<NOTE: 48 USC 1469b.>> That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That of the amounts provided for technical assistance,
sufficient funds shall be made available for a grant to the Pacific
Basin Development Council: Provided further, <<NOTE: Close Up
Foundation.>> That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the Close Up
Foundation: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to section
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c).
[[Page 121 STAT. 2115]]
compact of free association
For grants and necessary expenses, $5,362,000, to remain available
until expended, as provided for in sections 221(a)(2), 221(b), and 233
of the Compact of Free Association for the Republic of Palau; and
section 221(a)(2) of the Compacts of Free Association for the Government
of the Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $59,250,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$44,572,000.
Office of Special Trustee for American Indians
federal trust programs
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$182,331,000, to remain available until expended, of which not to exceed
$56,384,000 from this or any other Act, shall be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to or
merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary, ``Salaries and
Expenses'' account: Provided further, That funds made available through
contracts or grants obligated during fiscal year 2008, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That, notwithstanding any other provision of law, the statute
of limitations shall not commence to run on any claim, including any
claim in litigation pending on the date of the enactment of this Act,
concerning losses to or mismanagement of trust funds, until the affected
tribe or individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there has been a
loss: Provided further, That, notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 18 months and has a balance of $15.00 or less:
Provided further, <<NOTE: Statement. Records.>> That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for the
Secretary to make payments to correct administrative errors of either
disbursements from or deposits to Individual Indian Money
[[Page 121 STAT. 2116]]
or Tribal accounts after September 30, 2002: Provided further, That
erroneous payments that are recovered shall be credited to and remain
available in this account for this purpose.
indian land consolidation
For consolidation of fractional interests in Indian lands and
expenses associated with redetermining and redistributing escheated
interests in allotted lands, and for necessary expenses to carry out the
Indian Land Consolidation Act of 1983, as amended, by direct expenditure
or cooperative agreement, $10,000,000, to remain available until
expended, and which may be transferred to the Bureau of Indian Affairs
and Office of the Secretary accounts.
Department-wide Programs
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $232,528,000, of which not to exceed
$400,000 shall be available for administrative expenses: Provided, That
no payment shall be made to otherwise eligible units of local government
if the computed amount of the payment is less than $100.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,954,000, to remain available until expended: Provided, <<NOTE: 42 USC
9607 note.>> That hereafter, notwithstanding 31 U.S.C. 3302, sums
recovered from or paid by a party in advance of or as reimbursement for
remedial action or response activities conducted by the Department
pursuant to section 107 or 113(f) of such Act, shall be credited to this
account, to be available until expended without further appropriation:
Provided further, That hereafter such sums recovered from or paid by any
party are not limited to monetary payments and may include stocks, bonds
or other personal or real property, which may be retained, liquidated,
or otherwise disposed of by the Secretary and which shall be credited to
this account.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and restoration
activities by the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,300,000, to remain
available until expended.
[[Page 121 STAT. 2117]]
working capital fund
For the acquisition of a departmental financial and business
management system, $40,727,000, to remain available until expended:
Provided, That none of the funds in this Act or previous appropriations
Acts may be used to establish reserves in the Working Capital Fund
account other than for accrued annual leave and depreciation of
equipment without prior approval of the House and Senate Committees on
Appropriations.
administrative provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation which must
be requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction
of the Secretary, pursuant to the authority in section 1773(b) of Public
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement
[[Page 121 STAT. 2118]]
to other Federal agencies for destruction of vehicles, aircraft, or
other equipment in connection with their use for wildland fire
operations, such reimbursement to be credited to appropriations
currently available at the time of receipt thereof: Provided further,
That for <<NOTE: Determination.>> wildland fire operations, no funds
shall be made available under this authority until the Secretary
determines that funds appropriated for ``wildland fire operations''
shall be exhausted within 30 days: Provided further, That all funds used
pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles; purchase of
reprints; payment for telephone service in private residences in the
field, when authorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members.
Sec. 104. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore preleasing,
leasing and related activities placed under restriction in the
President's moratorium statement of June 12, 1998, in the areas of
northern, central, and southern California; the North Atlantic;
Washington and Oregon; and the eastern Gulf of Mexico south of 26
degrees north latitude and east of 86 degrees west longitude.
Sec. 105. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 106. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Office of Special Trustee for American Indians and
any unobligated balances from prior appropriations Acts made under the
same headings shall be available for expenditure or transfer for Indian
trust management and reform activities, excluding litigation costs.
Total funding for historical accounting activities shall not exceed
amounts specifically designated in this Act for such purpose.
Sec. 107. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2008.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
[[Page 121 STAT. 2119]]
Sec. 108. Notwithstanding any other provision of law, in conveying
the Twin Cities Research Center under the authority provided by Public
Law 104-134, as amended by Public Law 104-208, the Secretary may accept
and retain land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement until expended and
without further appropriation: (1) for the benefit of the National
Wildlife Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
Sec. 109. The Secretary of the Interior may hereafter use or
contract for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection (a) of the
Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to
such use. <<NOTE: Procedures.>> Such use shall be in accordance with
humane procedures prescribed by the Secretary.
Sec. 110. None of the funds in this or any other Act can be used to
compensate the Special Master and the Special Master-Monitor, and all
variations thereto, appointed by the United States District Court for
the District of Columbia in the Cobell v. Kempthorne litigation at an
annual rate that exceeds 200 percent of the highest Senior Executive
Service rate of pay for the Washington-Baltimore locality pay area.
Sec. 111. The Secretary of the Interior may use discretionary funds
to pay private attorney fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Kempthorne to the extent that such fees and
costs are not paid by the Department of Justice or by private insurance.
In no case shall the Secretary make payments under this section that
would result in payment of hourly fees in excess of the highest hourly
rate approved by the District Court for the District of Columbia for
counsel in Cobell v. Kempthorne.
Sec. 112. No funds appropriated for the Department of the Interior
by this Act or any other Act shall be used to study or implement any
plan to drain Lake Powell or to reduce the water level of the lake below
the range of water levels required for the operation of the Glen Canyon
Dam.
Sec. 113. <<NOTE: Salmon.>> The United States Fish and Wildlife
Service shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are released from
federally-operated or federally-financed hatcheries including but not
limited to fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified by
commercial and recreational fishers.
Sec. 114. Notwithstanding any implementation of the Department of
the Interior's trust reorganization or reengineering plans, or the
implementation of the ``To Be'' Model, funds appropriated for fiscal
year 2008 shall be available to the tribes within the California Tribal
Trust Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the Flathead
Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation
through the same methodology as funds were distributed in fiscal year
2003. This Demonstration Project shall continue to operate separate and
apart from the Department of the Interior's trust reform and
reorganization
[[Page 121 STAT. 2120]]
and the Department shall not impose its trust management infrastructure
upon or alter the existing trust resource management systems of the
above referenced tribes having a self-governance compact and operating
in accordance with the Tribal Self-Governance Program set forth in 25
U.S.C. 458aa-458hh: Provided, That the California Trust Reform
Consortium and any other participating tribe agree to carry out their
responsibilities under the same written and implemented fiduciary
standards as those being carried by the Secretary of the Interior:
Provided further, That they demonstrate to the satisfaction of the
Secretary that they have the capability to do so: Provided further, That
the Department shall provide funds to the tribes in an amount equal to
that required by 25 U.S.C. 458cc(g)(3), including funds specifically or
functionally related to the provision of trust services to the tribes or
their members.
Sec. 115. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands, waters, or interests
therein including the use of all or part of any pier, dock, or landing
within the State of New York and the State of New Jersey, for the
purpose of operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and other
monetary consideration), or by exchange; and the Secretary is authorized
to negotiate and enter into leases, subleases, concession contracts or
other agreements for the use of such facilities on such terms and
conditions as the Secretary may determine reasonable.
Sec. 116. <<NOTE: Renewal.>> Notwithstanding any other provision of
law, including 42 U.S.C. 4321 et seq., nonrenewable grazing permits
authorized in the Jarbidge Field Office, Bureau of Land Management since
March 1, 1997 shall be renewed. The Animal Unit Months, authorized in
any nonrenewable grazing permit from March 1, 1997 to present shall
continue in effect under the renewed permit. Nothing in this section
shall be deemed to extend the renewed permit beyond the standard 1-year
term. The period of this provision will be until all of the grazing
permits in the Jarbidge Field Office are renewed after the completion of
the Record of Decision for the Jarbidge Resource Management Plan/Final
Environmental Impact Statement.
Sec. 117. Oil and Gas Leasing Internet Pilot Program.
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C
226(b)(1)(A)), the Secretary of the Interior shall establish an oil and
gas leasing Internet pilot program, under which the Secretary may
conduct lease sales through methods other than oral bidding. To carry
out the pilot program, the Secretary of the Interior may use not more
than $250,000 of funds in the BLM Permit Processing Improvement Fund
described in section 35(c)(2)(B) of the Mineral Leasing Act (30 U.S.C.
191(c)(2)(B)).
Sec. 118. <<NOTE: Washington.>> Notwithstanding any other provision
of law, the Secretary of the Interior is directed to sell property
within the Protection Island National Wildlife Refuge and the Dungeness
National Wildlife Refuge to the Washington State Department of
Transportation.
Sec. 119. No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water for the purpose of export, for approval
[[Page 121 STAT. 2121]]
of any right-of-way or similar authorization on the Mojave National
Preserve or lands managed by the Needles Field Office of the Bureau of
Land Management, or for carrying out any activities associated with such
right-of-way or similar approval.
Sec. 120. Section 460ccc-4 of the Red Rock Canyon National
Conservation Area Establishment Act <<NOTE: 16 USC 460ccc-
4.>> authorization (16 U.S.C. 460ccc) is amended--
(1) in section (a)(1), by striking ``with donated or
appropriated funds'';
(2) by striking section (a)(2);
(3) in section (a)(3), by striking ``(3)'' and replacing
with ``(2)''; and
(4) in section (a)(4), by striking ``(4)'' and replacing
with ``(3)''.
Sec. 121. Title 43 U.S.C. 1473 is amended by inserting at the end of
that section before the period the following: ``, including, in fiscal
year 2008 only, contributions of money and services to conduct work in
support of the orderly exploration and development of Outer Continental
Shelf resources, including but not limited to, preparation of
environmental documents such as impact statements and assessments,
studies, and related research''.
Sec. 122. <<NOTE: 120 Stat. 2406.>> Section 1077(c) of Public Law
109-364 is repealed.
Sec. 123. Section 144 of division E of Public Law 108-447, as
amended, is <<NOTE: 118 Stat. 3072.>> amended in paragraph (b)(2) by
striking ``November 12, 2004'' and inserting ``May 4, 2005.''
Sec. 124. Section 105(f)(1)(B) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended in clause
(ix) by--
(1) striking ``Republic'' both places it appears and
inserting ``government, institutions, and people'';
(2) striking ``2007'' and inserting ``2009''; and
(3) striking ``was'' and inserting ``were''.
Sec. 125. The Secretary of the Interior may enter into cooperative
agreements with a State or political subdivision (including any agency
thereof), or any not-for-profit organization if the agreement will: (1)
serve a mutual interest of the parties to the agreement in carrying out
the programs administered by the Department of the Interior; and (2) all
parties will contribute resources to the accomplishment of these
objectives. At the discretion of the Secretary, such agreements shall
not be subject to a competitive process.
Sec. 126. <<NOTE: Land transfer. Oregon. Deadline.>> 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, <<NOTE: Applicability.>> That each
year after the properties become part of the Refuge, those increments of
water passively stored on the properties
[[Page 121 STAT. 2122]]
shall be applied and credited toward the requirements of any
consultation or reconsultation over Klamath Project operations pursuant
to section 7 of the Endangered Species Act, consistent with Federal law
and State water law.
Sec. 127. Corinth Unit of Shiloh National Military Park Boundary
Expansion. The Corinth Battlefield Preservation Act of 2000 (16 U.S.C.
430f-6 et seq.) is amended--
(1) in section 3(1) (16 U.S.C. 430f-7(1)), by striking
``304/80,007, and dated October 1998'' and inserting ``304A/
80009, and dated April 2007'';
(2) in section 4(b) (16 U.S.C. 430f-8(b)), by striking
paragraph (1) and inserting the following:
``(1) approximately 950 acres, as generally depicted on the
Map; and'';
(3) in section 5(a) (16 U.S.C. 430f-9(a)), by striking ``as
depicted on the Map'' and inserting ``described in section
4(b)'';
(4) by striking section 7 (16 U.S.C. 430f-11); and
(5) by redesignating section 8 (16 U.S.C. 430f-12) as
section 7.
Sec. 128. <<NOTE: 16 USC 431 note.>> In section 5(8) of Public Law
107-226, strike ``acquire'' and all that follows and insert, ``acquire
the land or interests in land for the memorial by donation, purchase
with donated or appropriated funds, exchange or condemnation with
donated or appropriated funds; and''.
Sec. 129. Clarification of <<NOTE: Alaska.>> Concessionaire Historic
Rights. (a) In implementing section 1307 of Public Law 96-487 (96 Stat.
2479), the Secretary shall deem Denali National Park Wilderness Centers,
Ltd., a corporation organized and existing under the laws of the State
of Alaska, to be a person who, on or before January 1, 1979, was engaged
in adequately providing the following scope and level of visitor
services within what is currently Denali National Park and Preserve:
(1) Guided interpretive hiking services in the Kantishna
area new park additions (i.e. park area added in 1980 to former
Mount McKinley National Park), not to exceed 14 guided
interpretive hikes per week.
(2) Gold panning outings in the Kantishna area new park
additions, not to exceed 3 gold panning outings per week.
(3) Guided interpretive trips, including an average of four
vehicle trips per day, not to exceed 28 trips per week, into the
Old Park (i.e. former Mount McKinley National Park).
(4) Guided and unguided canoeing on Wonder Lake, including
the storage of five canoes on Wonder Lake.
(5) Transportation over the road between the north boundary
of the Old Park and Wonder Lake, including Wonder Lake
Campground, for an average of 10 trips per day not to exceed 70
trips per week.
(b) For purpose of implementing this section, the term ``person''
means the person who has a controlling interest in the entity described
under subsection (a) or his lineal descendants born prior to January 1,
1979.
Sec. 130. Section 16 of the Colorado Ute Indian Water Rights
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2913; 114 Stat.
2763A-263)) is amended--
(1) in subsection (c)(3)(B)(iii), by striking ``by
requiring'' and all that follows through ``enhancement'' and
inserting the following: ``, the plan shall provide that not
less than \1/3\ of
[[Page 121 STAT. 2123]]
the funds referred to in clause (i) shall be expended for
municipal or rural water development and that annual
expenditures under that provision shall be reported to the
Secretary each year''; and
(2) in the third sentence of subsection (f), by striking
``December 31, 2012'' and inserting ``the date that is 5 years
after the date of the final settlement of the tribal claims
under section 18''.
Sec. 131. Funds provided in this Act for Federal land acquisition by
the National Park Service for Shenandoah Valley Battlefields National
Historic District and Ice Age National Scenic Trail may be used for a
grant to a State, a local government, or any other land management
entity for the acquisition of lands without regard to any restriction on
the use of Federal land acquisition funds provided through the Land and
Water Conservation Fund Act of 1965 as amended.
Sec. 132. <<NOTE: Mississippi.>> From within amounts provided to the
National Park Service Land Acquisition account by this Act, $2,000,000
shall be made available to the State of Mississippi pursuant to a grant
agreement with the National Park Service, in order that the State may
acquire land or interests in land on Cat Island, which is located within
the Gulf Islands National Seashore. Funds provided to the State of
Mississippi through such grant agreement shall not be contingent upon
matching funds provided by the State. Any lands or interests acquired
with funds under this section shall be owned by the Federal Government
and administered as part of the National Seashore.
Sec. 133. Mesa <<NOTE: 16 USC 111 note.>> Verde National Park
Boundary Change. (a) Acquisition of Land.--
(1) In general.--The Secretary may acquire the land or an
interest in the land described in subsection (b) for addition to
the Mesa Verde National Park.
(2) Means.--An acquisition of land under paragraph (1) may
be made by donation, purchase from a willing seller with donated
or appropriated funds, or exchange.
(b) Description of Land.--The land referred to in subsection (a)(1)
is the approximately 360 acres of land adjacent to the Park, as
generally depicted on the map, entitled ``Mesa Verde National Park
Proposed Boundary Adjustment'', numbered 307/80,180, and dated March 1,
2007.
(c) Availability of Map.--The map shall be on file and available for
inspection in the appropriate offices of the National Park Service.
(d) Boundary Modification.--The boundary of the Park shall be
revised to reflect the acquisition of the land under subsection (a).
(e) Administration.--The Secretary shall administer any land or
interest in land acquired under subsection (a)(1) as part of the Park in
accordance with the laws (including regulations) applicable to the Park.
Sec. 134. In implementing section 1307 of Public Law 96-487 (4 Stat.
2479), the Secretary shall deem the present holders of entry permit CP-
GLBA005-00 and entry permit CP-GLBA004-00 each to be a person who, on or
before January 1, 1979, was engaged in adequately providing visitor
services of the type authorized in said permit within Glacier Bay
National Park.
[[Page 121 STAT. 2124]]
Sec. 135. Funds provided under Public Law 109-54 may be granted to
the Alice Ferguson Foundation for site planning and design and
rehabilitation of the Potomac River Habitat Study Complex and the
Wareham Lodge.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by
5 U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable for senior level positions
under 5 U.S.C. 5376; procurement of laboratory equipment and supplies;
other operating expenses in support of research and development;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project, $772,129,000, to remain
available until September 30, 2009.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or at
a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to exceed $9,000
for official reception and representation expenses, $2,364,854,000, to
remain available until September 30, 2009, including administrative
costs of the brownfields program under the Small Business Liability
Relief and Brownfields Revitalization Act of 2002.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$41,750,000, to remain available until September 30, 2009.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by,
[[Page 121 STAT. 2125]]
the Environmental Protection Agency, $34,801,000, to remain available
until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,273,871,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2007, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,273,871,000 as a payment
from general revenues to the Hazardous Substance Superfund for purposes
as authorized by section 517(b) of SARA, as amended: Provided, That
funds appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $11,668,000 shall be
paid to the ``Office of Inspector General'' appropriation to remain
available until September 30, 2009, and $26,126,000 shall be paid to the
``Science and Technology'' appropriation to remain available until
September 30, 2009.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by subtitle I of the Solid Waste Disposal
Act, as amended, and for construction, alteration, repair,
rehabilitation, and renovation of Environmental Protection Agency
facilities, not to exceed $85,000 per project, $107,493,000, to remain
available until expended, of which $76,493,000 shall be for carrying out
leaking underground storage tank cleanup activities authorized by
section 9003(h) of the Solid Waste Disposal Act, as amended; $31,000,000
shall be for carrying out the other provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal Revenue Code,
as amended: Provided, That the Administrator is authorized to use
appropriations made available under this heading to implement section
9013 of the Solid Waste Disposal Act to provide financial assistance to
federally-recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Oil Spill Response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$17,326,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State And Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and
[[Page 121 STAT. 2126]]
performance partnership grants, $2,972,595,000, to remain available
until expended, of which $700,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act, as amended (the ``Act''); of which
up to $75,000,000 shall be available for loans, including interest free
loans as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit entities for
projects that provide treatment for or that minimize sewage or
stormwater discharges using one or more approaches which include, but
are not limited to, decentralized or distributed stormwater controls,
decentralized wastewater treatment, low-impact development practices,
conservation easements, stream buffers, or wetlands restoration;
$842,167,000 shall be for capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water Act,
as amended; $20,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection with
the construction of high priority water and wastewater facilities in the
area of the United States-Mexico Border, after consultation with the
appropriate border commission; $25,000,000 shall be for grants to the
State of Alaska to address drinking water and waste infrastructure needs
of rural and Alaska Native Villages: Provided, That, of
these <<NOTE: Alaska. Deadline.>> funds: (1) the State of Alaska shall
provide a match of 25 percent; (2) no more than 5 percent of the funds
may be used for administrative and overhead expenses; and (3) not later
than October 1, 2005, the State of Alaska shall make awards consistent
with the State-wide priority list established in 2004 for all water,
sewer, waste disposal, and similar projects carried out by the State of
Alaska that are funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less
than 25 percent of the funds provided for projects in regional hub
communities; $135,000,000 shall be for making special project grants for
the construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the
terms and conditions specified for such grants in the explanatory
statement accompanying this Act, and, for purposes of these grants, each
grantee shall contribute not less than 45 percent of the cost of the
project unless the grantee is approved for a waiver by the Agency;
$95,000,000 shall be to carry out section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including grants, interagency agreements, and
associated program support costs; $50,000,000 shall be for grants under
title VII, subtitle G of the Energy Policy Act of 2005, as amended;
$10,000,000 shall be for grants for cost-effective emission reduction
projects in accordance with the terms and conditions of the explanatory
statement accompanying this Act; and $1,095,428,000 shall be for grants,
including associated program support costs, to States, federally-
recognized tribes, interstate agencies, tribal consortia, and air
pollution control agencies for multi-media or single media pollution
prevention, control and abatement and related activities, including
activities pursuant to the provisions set forth under this heading in
Public Law 104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection activities
subject to terms and conditions specified by the Administrator,
[[Page 121 STAT. 2127]]
of which $49,495,000 shall be for carrying out section 128 of CERCLA, as
amended, $10,000,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs, $18,500,000
of the funds available for grants under section 106 of the Act shall be
for water quality monitoring activities, $10,000,000 shall be for making
competitive targeted watershed grants, and, in addition to funds
appropriated under the heading ``Leaking Underground Storage Tank Trust
Fund Program'' to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code other than
section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000
shall be for financial assistance to States under section 2007(f)(2) of
the Solid Waste Disposal Act, as amended: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water Pollution Control
Act, the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the fund shall
not apply to amounts included as principal in loans made by such fund in
fiscal year 2008 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the fund,
including administration: Provided further, That for fiscal year 2008,
and notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to federally-recognized Indian
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2008, notwithstanding the limitation on
amounts in section 518(c) of the Act, up to a total of 1\1/2\ percent of
the funds appropriated for State Revolving Funds under title VI of that
Act may be reserved by the Administrator for grants under section 518(c)
of that Act: Provided further, That no funds provided by this
appropriations Act to address the water, wastewater and other critical
infrastructure needs of the colonias in the United States along the
United States-Mexico border shall be made available to a county or
municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure.
Administrative Provisions, Environmental Protection Agency
(including rescission of funds)
For fiscal year 2008, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally-recognized
Indian Tribes or Intertribal consortia, if authorized by their member
Tribes, to assist the Administrator in implementing Federal
environmental programs for Indian Tribes required or authorized by law,
except that no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
[[Page 121 STAT. 2128]]
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
None of the funds provided in this Act may be used, directly or
through grants, to pay or to provide reimbursement for payment of the
salary of a consultant (whether retained by the Federal Government or a
grantee) at more than the daily equivalent of the rate paid for level IV
of the Executive Schedule, unless specifically authorized by law.
From unobligated balances to carry out projects and activities
authorized under section 206(a) of the Federal Water Pollution Control
Act, $5,000,000 are hereby rescinded.
None of the funds made available by this Act may be used in
contravention of, or to delay the implementation of, Executive Order No.
12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal
actions to address environmental justice in minority populations and
low-income populations).
Of the funds <<NOTE: Publication. Regulations. Deadlines. Greenhouse
gas emissions.>> provided in the Environmental Programs and Management
account, not less than $3,500,000 shall be provided for activities to
develop and publish a draft rule not later than 9 months after the date
of enactment of this Act, and a final rule not later than 18 months
after the date of enactment of this Act, to require mandatory reporting
of greenhouse gas emissions above appropriate thresholds in all sectors
of the economy of the United States.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $290,457,000, to remain available until expended:
Provided, That of the funds provided, $61,329,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of pests,
pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $266,974,000, to remain
available until expended, as authorized by law; of which $7,500,000 is
for the International Program; and of which $53,146,000 is to be derived
from the Land and Water Conservation Fund.
[[Page 121 STAT. 2129]]
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, $1,492,868,000, to remain available until
expended, which shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land and Water
Conservation Fund Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
under this heading available at the start of fiscal year 2008 shall be
displayed by budget line item in the fiscal year 2009 budget
justification: Provided further, That of the funds provided under this
heading for Forest Products, $4,000,000 shall be allocated to the Alaska
Region, in addition to its normal allocation for the purposes of
preparing additional timber for sale, to establish a 3-year timber
supply and such funds may be transferred to other appropriations
accounts as necessary to maximize accomplishment.
capital improvement and maintenance
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $456,895,000, to remain available until expended, for construction,
capital improvement, maintenance and acquisition of buildings and other
facilities, and infrastructure; and for construction, capital
improvement, decommissioning, and maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205; and in addition $25,000,000 to be transferred from the
timber roads purchaser election fund and merged with this account, to
remain available until expended: Provided, That $40,000,000 shall be
designated for urgently needed road decommissioning, road and trail
repair and maintenance and associated activities, and removal of fish
passage barriers, especially in areas where Forest Service roads may be
contributing to water quality problems in streams and water bodies which
support threatened, endangered or sensitive species or community water
sources and for urgently needed road repairs required due to recent
storm events: Provided further, That up to $40,000,000 of the funds
provided herein for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided further,
That no funds shall be expended to decommission any system road until
notice and an opportunity for public comment has been provided on each
decommissioning project: Provided further, That the decommissioning of
unauthorized roads not part of the official transportation system shall
be expedited in response to threats to public safety, water quality, or
natural resources: Provided further, That funds becoming available in
fiscal year 2008 under the Act of March 4, 1913 (16 U.S.C. 501) shall be
transferred to the General Fund of the Treasury and shall not be
available for transfer or obligation for any other purpose unless the
funds are appropriated: Provided further, That notwithstanding any other
provision of law, the Forest Service shall provide $1,197,000
appropriated in Public Law 110-
[[Page 121 STAT. 2130]]
5 within the Capital Improvement and Maintenance appropriation as an
advance direct lump sum payment to West Virginia University for the
planning and construction of a research greenhouse facility as the
Federal share in the construction of the new facility.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $42,490,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,053,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until expended. (16 U.S.C.
4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $56,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (Public Law 96-487), $5,053,000, to
remain available until expended.
[[Page 121 STAT. 2131]]
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands and
water, $1,974,276,000, to remain available until expended: Provided,
That such funds including unobligated balances under this heading, are
available for repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further, That such
funds shall be available to reimburse State and other cooperating
entities for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the responsible
emergency management agency: Provided further, That not less than 50
percent of any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2007 shall be
transferred to the fund established pursuant to section 3 of Public Law
71-319 (16 U.S.C. 576 et seq.) if necessary to reimburse the fund for
unpaid past advances: Provided further, That, notwithstanding any other
provision of law, $8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all authorities for
the use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization of these
funds for Fire Science Research: Provided further, That funds provided
shall be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland interface,
support to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of the funds
provided, $315,000,000 is for hazardous fuels reduction activities,
$11,000,000 is for rehabilitation and restoration, $23,892,000 is for
research activities and to make competitive research grants pursuant to
the Forest and Rangeland Renewable Resources Research Act, as amended
(16 U.S.C. 1641 et seq.), $48,727,000 is for State fire assistance,
$8,000,000 is for volunteer fire assistance, $14,252,000 is for forest
health activities on Federal lands and $10,014,000 is for forest health
activities on State and private lands: Provided further, That amounts in
this paragraph may be transferred to the ``State and Private Forestry'',
``National Forest System'', and ``Forest and Rangeland Research''
accounts to fund State fire assistance, volunteer fire assistance,
forest health management, forest and rangeland research, the Joint Fire
Science Program, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, <<NOTE: Approval.>> That transfers of any
amounts in excess of those authorized in this paragraph, shall require
approval of the House and Senate Committees on Appropriations in
compliance with reprogramming procedures contained in the explanatory
statement accompanying this Act: Provided
further, <<NOTE: Notification. Transfer date.>> That up to $10,000,000
of the funds provided under this heading for hazardous fuels treatments
may be transferred to and made a part of the ``National Forest System''
account at
[[Page 121 STAT. 2132]]
the sole discretion of the Chief of the Forest Service thirty days after
notifying the House and the Senate Committees on Appropriations:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the Forest Service
under the State and Private Forestry Appropriation, up to $15,000,000
may be used on adjacent non-Federal lands for the purpose of protecting
communities when hazard reduction activities are planned on national
forest lands that have the potential to place such communities at risk:
Provided further, That funds made available to implement the Community
Forest Restoration Act, Public Law 106-393, title VI, shall be available
for use on non-Federal lands in accordance with authorities available to
the Forest Service under the State and Private Forestry Appropriation:
Provided further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed
$10,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management programs
and projects: Provided further, That of the funds provided for hazardous
fuels reduction, not to exceed $7,000,000, may be used to make grants,
using any authorities available to the Forest Service under the State
and Private Forestry appropriation, for the purpose of creating
incentives for increased use of biomass from national forest lands:
Provided further, That funds designated for wildfire suppression shall
be assessed for cost pools on the same basis as such assessments are
calculated against other agency programs.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft from excess sources to maintain the operable fleet for use
in Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate Committees
on Appropriations and if and only
[[Page 121 STAT. 2133]]
if all previously appropriated emergency contingent funds under the
heading ``Wildland Fire Management'' have been released by the President
and apportioned and all wildfire suppression funds under the heading
``Wildland Fire Management'' are obligated.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
and international organizations.
None of the <<NOTE: 16 USC 556i.>> funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-107 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement accompanying this Act.
Not more than $73,285,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $24,021,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center.
Funds available to the Forest Service shall be available to conduct
a program of up to $5,000,000 for priority projects within the scope of
the approved budget, of which $2,500,000 shall be carried out by the
Youth Conservation Corps and $2,500,000 shall be carried out under the
authority of the Public Lands Corps Healthy Forests Restoration Act of
2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, $3,000,000 may be advanced in a
lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for administrative
expenses or projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the Foundation shall
obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal matching
funds: Provided further, That authorized investments of Federal funds
held by the Foundation may be made only in interest-bearing
[[Page 121 STAT. 2134]]
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
funds available to the Forest Service shall be advanced to the National
Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided further,
That the Foundation may transfer Federal funds to a Federal or non-
Federal recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
An eligible individual who is employed in any project funded under
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older American
Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $45,000,000,
shall be assessed for the purpose of performing facilities maintenance.
Such assessments shall occur using a square foot rate charged on the
same basis the agency uses to assess programs for payment of rent,
utilities, and other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar non-litigation related matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health
[[Page 121 STAT. 2135]]
Care Improvement Act, and titles II and III of the Public Health Service
Act with respect to the Indian Health Service, $3,018,624,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $588,515,000 for contract medical care, including
$27,000,000 for the Indian Catastrophic Health Emergency Fund, shall
remain available until expended: Provided further, That no less than
$35,094,000 is provided for maintaining operations of the urban Indian
health program: Provided further, That of the funds provided, up to
$32,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That $14,000,000 is provided for a
methamphetamine and suicide prevention and treatment initiative, of
which up to $5,000,000 may be used for mental health, suicide
prevention, and behavioral issues associated with methamphetamine use:
Provided further, That notwithstanding any other provision of law, these
funds shall be allocated outside all other distribution methods and
formulas at the discretion of the Director of the Indian Health Service
and shall remain available until expended: Provided further, That funds
provided in this Act may be used for one-year contracts and grants which
are to be performed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of
titles XVIII and XIX of the Social Security Act (exclusive of planning,
design, or construction of new facilities): Provided further, That
funding contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided further,
That amounts received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That, notwithstanding
any other provision of law, of the amounts provided herein, not to
exceed $271,636,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts, or annual funding
agreements between the Indian Health Service and a tribe or tribal
organization pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2008, of which not to exceed
$5,000,000 may be used for contract support costs associated with new or
expanded self-determination contracts, grants, self-governance compacts,
or annual funding agreements: Provided further, That the Bureau of
Indian Affairs may collect from the Indian Health Service and tribes and
tribal organizations operating health facilities pursuant to Public Law
93-638 such
[[Page 121 STAT. 2136]]
individually identifiable health information relating to disabled
children as may be necessary for the purpose of carrying out its
functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400, et seq.): Provided further, That funds available for the
Indian Health Care Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $380,583,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facilities:
Provided further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United
States Department of Housing and Urban Development: Provided further,
That not to exceed $1,000,000 from this account and the ``Indian Health
Services'' account shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the Indian
Health Service and the General Services Administration: Provided
further, That not to exceed $500,000 shall be placed in a Demolition
Fund, available until expended, to be used by the Indian Health Service
for demolition of Federal buildings.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with the functions or activities for which
the appropriation is made
[[Page 121 STAT. 2137]]
or which will contribute to improved conduct, supervision, or management
of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law
93-638, as amended.
Funds appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation.
None of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the Department
of Health and Human Services unless identified in the budget
justification and provided in this Act, or approved by the House and
Senate Committees on Appropriations through the reprogramming process.
Notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation.
None <<NOTE: Regulations. Budget request.>> of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law.
With respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment. The reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-Determination
Act, may be credited to the same or subsequent appropriation account
that provided the funding, with such amounts to remain available until
expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
[[Page 121 STAT. 2138]]
The appropriation structure for the Indian Health Service may not be
altered without advance notification to the House and Senate Committees
on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended, and section 126(g) of the Superfund Amendments
and Reauthorization Act of 1986, $78,775,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $75,212,000, of which up to
$1,500,000, to remain available until expended, is for Individual
Learning Accounts for full-time equivalent employees of the Agency for
Toxic Substances and Disease Registry: Provided, That notwithstanding
any other provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR may
conduct other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical evaluations,
medical monitoring, and referral to accredited health care providers:
Provided further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of ATSDR shall
not be bound by the deadlines in section 104(i)(6)(A) of CERCLA.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$2,703,000: Provided, <<NOTE: Appointment.>> 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.
[[Page 121 STAT. 2139]]
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire of
passenger vehicles, uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$9,410,000: Provided, <<NOTE: Government organization.>> That the
Chemical Safety and Hazard Investigation Board (Board) shall have not
more than three career Senior Executive Service positions: Provided
further, that notwithstanding <<NOTE: 5 USC app. 8G note.>> any other
provision of law, the individual appointed to the position of Inspector
General of the Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General of the
Board: Provided further, That notwithstanding any other provision of
law, the Inspector General of the Board shall utilize personnel of the
Office of Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any individuals to
positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $9,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $7,297,000.
[[Page 121 STAT. 2140]]
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to five replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees, $571,347,000, of
which not to exceed $19,968,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the National Museum
of African American History and Culture, and the repatriation of
skeletal remains program shall remain available until expended; and of
which $1,578,000 for fellowships and scholarly awards shall remain
available until September 30, 2009; and including such funds as may be
necessary to support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or participating in
official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$107,100,000, to remain available until expended, of which not to exceed
$10,000 is for services as authorized by 5 U.S.C. 3109.
Legacy Fund
For major restoration, renovation, and rehabilitation of existing
Smithsonian facilities, $15,000,000, to remain available until expended:
Provided, That funds shall only be available after being matched by no
less than $30,000,000 in private donations, which shall not include in-
kind contributions: Provided further, That none of the funds made
available under this heading or any required matching funds shall be
used for day-to-day maintenance, general salaries and expenses, or
programmatic purposes.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in
[[Page 121 STAT. 2141]]
advance when authorized by the treasurer of the Gallery for membership
in library, museum, and art associations or societies whose publications
or services are available to members only, or to members at a price
lower than to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901-5902); purchase or rental
of devices and services for protecting buildings and contents thereof,
and maintenance, alteration, improvement, and repair of buildings,
approaches, and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by contracts
made, without advertising, with individuals, firms, or organizations at
such rates or prices and under such terms and conditions as the Gallery
may deem proper, $101,718,000, of which not to exceed $3,350,000 for the
special exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $18,017,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $20,200,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $23,150,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $10,000,000.
[[Page 121 STAT. 2142]]
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $147,000,000 shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts, including arts education and
public outreach activities, through assistance to organizations and
individuals pursuant to section 5 of the Act, for program support, and
for administering the functions of the Act, to remain available until
expended: Provided, That funds appropriated herein shall be expended in
accordance with sections 309 and 311 of Public Law 108-447.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $132,490,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$14,510,000, to remain available until expended, of which $9,479,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to $10,000,
if in the aggregate this amount does not exceed 5 percent of the sums
appropriated for grant-making purposes per year: Provided further, That
such small grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on the Arts
to the
[[Page 121 STAT. 2143]]
Chairperson: Provided further, That section 309(1) of division E, Public
Law 108-447, is <<NOTE: 118 Stat. 3094.>> amended by inserting
``National Opera Fellowship,'' after ``National Heritage Fellowship,''.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $2,092,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956a), as amended, $8,500,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,348,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $8,265,000: Provided, That one-quarter of 1
percent of the funds provided under this heading may be used for
official reception and representational expenses associated with hosting
international visitors engaged in the planning and physical development
of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $45,496,000, of which $515,000
for the equipment replacement program shall remain available until
September 30, 2010; and $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's exhibition design
and production program shall remain available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $22,400,000
[[Page 121 STAT. 2144]]
shall be available to the Presidio Trust, to remain available until
expended.
White House Commission on the National Moment of Remembrance
salaries and expenses
(including transfer of funds)
For necessary expenses of the White House Commission on the National
Moment of Remembrance, $200,000, which shall be transferred to the
Department of Veterans Affairs, ``Departmental Administration, General
Operating Expenses'' account and be administered by the Secretary of
Veterans Affairs.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
Salaries and Expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain
available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
Sec. 401. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive Order issued pursuant to existing law.
Sec. 402. <<NOTE: Lobbying.>> No part of any appropriation
contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to
promote public support or opposition to any legislative proposal on
which Congressional action is not complete other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 403. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 404. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 405. <<NOTE: Budget estimates.>> 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.
[[Page 121 STAT. 2145]]
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
provided in, this Act or any other Act.
Sec. 407. <<NOTE: Timber.>> None of the funds in this Act may be
used to plan, prepare, or offer for sale timber from trees classified as
giant sequoia (Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner different
than such sales were conducted in fiscal year 2006.
Sec. 408. (a) <<NOTE: Patents. Mines and mining.>> Limitation of
Funds.--None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located
under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2008, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims or
mill sites contained in a patent application as set forth in subsection
(b). The Bureau of Land Management shall have the sole responsibility to
choose and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
Sec. 409. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
Continuing Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5) for payments for contract
support costs associated with self-determination or self-governance
contracts, grants, compacts, or annual funding agreements with the
Bureau of Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994 through 2007
for such purposes, except that for the Bureau of Indian Affairs,
[[Page 121 STAT. 2146]]
tribes and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing contracts,
grants, self-governance compacts, or annual funding agreements.
Sec. 410. <<NOTE: 16 USC 1604 note.>> Prior to October 1, 2008, the
Secretary of Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than
15 years have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the Secretary
from any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law:
Provided, That if the Secretary is not acting expeditiously and in good
faith, within the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect to such
plan and a court of proper jurisdiction may order completion of the plan
on an accelerated basis.
Sec. 411. <<NOTE: Timber. Alaska.>> 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.
[[Page 121 STAT. 2147]]
Sec. 412. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
Sec. 413. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m)
the Secretary of Agriculture and the Secretary of the Interior are
authorized to enter into reciprocal agreements in which the individuals
furnished under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the country
receiving said services when the individuals are engaged in fire
suppression: Provided, That the Secretary of Agriculture or the
Secretary of the Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or through its
fire organization) agrees to assume any and all liability for the acts
or omissions of American firefighters engaged in firefighting in a
foreign country: Provided further, That when an agreement is reached for
furnishing fire fighting services, the only remedies for acts or
omissions committed while fighting fires shall be those provided under
the laws of the host country, and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a foreign
country: Provided further, That neither the sending country nor any
legal organization associated with the firefighter shall be subject to
any legal action whatsoever pertaining to or arising out of the
firefighter's role in fire suppression.
Sec. 414. <<NOTE: Contracts.>> In awarding a Federal contract with
funds made available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of Agriculture and the
Secretary of the Interior (the ``Secretaries'') may, in evaluating bids
and proposals, give consideration to local contractors who are from, and
who provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community, including
those historically timber-dependent areas that have been affected by
reduced timber harvesting on Federal lands and other forest-dependent
rural communities isolated from significant alternative employment
opportunities: Provided, That notwithstanding Federal Government
procurement and contracting laws the Secretaries may award contracts,
grants or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, watershed or water
quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided further, That
the terms ``rural community'' and ``economically disadvantaged'' shall
have the same meanings as in section 2374 of Public Law 101-624:
Provided further, <<NOTE: Guidance.>> That the Secretaries shall
develop guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the Secretaries
of any duty
[[Page 121 STAT. 2148]]
under applicable procurement laws, except as provided in this section.
Sec. 415. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of the Interior for fiscal year 2008, not more
than $3,450,000 may be used by the Secretary of the Interior to
initiate or continue competitive sourcing studies in fiscal year
2008 for programs, projects, and activities for which funds are
appropriated by this Act.
(2) None of the funds made available by this or any other
Act may be used in fiscal year 2008 for competitive sourcing
studies and any related activities involving Forest Service
personnel.
(b) Competitive Sourcing Study Defined.--In this section, the term
``competitive sourcing study'' means a study on subjecting work
performed by Federal Government employees or private contractors to
public-private competition or on converting the Federal Government
employees or the work performed by such employees to private contractor
performance under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
(c) Competitive Sourcing Exemption for Forest Service Studies
Conducted Prior to Fiscal Year 2006.--The Forest Service is hereby
exempted from implementing the Letter of Obligation and post-competition
accountability guidelines where a competitive sourcing study involved 65
or fewer full-time equivalents, the performance decision was made in
favor of the agency provider, no net savings was achieved by conducting
the study, and the study was completed prior to the date of this Act.
(d) In preparing any reports to the Committees on Appropriations on
competitive sourcing activities, agencies funded in this Act shall
include all costs attributable to conducting the competitive sourcing
competitions and staff work to prepare for competitions or to determine
the feasibility of starting competitions, including costs attributable
to paying outside consultants and contractors and, in accordance with
full cost accounting principles, all costs attributable to developing,
implementing, supporting, managing, monitoring, and reporting on
competitive sourcing, including personnel, consultant, travel, and
training costs associated with program management.
(e) In carrying out any competitive sourcing study involving
Department of the Interior employees, the Secretary of the Interior
shall--
(1) determine whether any of the employees concerned are
also qualified to participate in wildland fire management
activities; and
(2) take into consideration the effect that contracting with
a private sector source would have on the ability of the
Department of the Interior to effectively and efficiently fight
and manage wildfires.
Sec. 416. Section 331 of the Department of the Interior and Related
Agencies Appropriations Act, 2000, regarding the pilot program to
enhance Forest Service administration of rights-of-way (as enacted into
law by section 1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-196; 16
U.S.C. 497 note), as amended, is amended--
[[Page 121 STAT. 2149]]
(1) in subsection (a) by striking ``2006'' and inserting
``2012''; and
(2) in subsection (b) by striking ``2006'' and inserting
``2012''.
Sec. 417. Section 321 of the Department of the Interior and Related
Agencies Appropriations Act, 2003, regarding Forest Service cooperative
agreements with third parties that are of mutually significant benefit
(division F of Public Law 108-7; 117 Stat. 274; 16 U.S.C. 565a-1 note)
is amended by striking ``September 30, 2007'' and inserting ``September
30, 2010''.
Sec. 418. (a) <<NOTE: Termination date. Alaskan Natives.>>
Notwithstanding any other provision of law and until October 1, 2009,
the Indian Health Service may not disburse funds for the provision of
health care services pursuant to Public Law 93-638 (25 U.S.C. 450 et
seq.) to any Alaska Native village or Alaska Native village corporation
that is located within the area served by an Alaska Native regional
health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native village
corporation under any contract or compact entered into prior to May 1,
2006, or to prohibit the renewal of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes, Inc.
and the Council of Athabascan Tribal Governments shall be treated as
Alaska Native regional health entities to which funds may be disbursed
under this section.
Sec. 419. Unless otherwise provided herein, no funds appropriated in
this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
Sec. 420. Section 337(a) of the Department of the Interior and
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
3012) is amended by striking ``September 30, 2006'' and inserting
``September 30, 2008''.
Sec. 421. Section 339 of division E of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3103) is
amended--
(1) by striking ``2005 through 2007''and inserting ``2005
through 2008''; and
(2) by adding at the end the following new sentence: ``The
categorical exclusion under this section shall not apply with
respect to any allotment in a federally designated wilderness
area.''.
Sec. 422. A permit fee collected during fiscal year 2007 by the
Secretary of Agriculture under the Act of March 4, 1915 (16 U.S.C. 497)
for a marina on the Shasta-Trinity National Forest shall be deposited in
a special account in the Treasury established for the Secretary of
Agriculture, and shall remain available to the Secretary of Agriculture
until expended, without further appropriation, for purposes stated in
section 808(a)(3)(A-D) of title VIII of division J of Public Law 108-447
(16 U.S.C. 6807), and for direct operating or capital costs associated
with the issuance of a marina permit.
[[Page 121 STAT. 2150]]
Sec. 423. The Forest Service shall allocate to the Regions of the
Forest Service, $15,000,000 from the current balance in the ``timber
roads purchaser election fund'', to remain available until expended, for
the following purposes: vegetative treatments in timber stands at high
risk of fire due to insect, disease, or drought; road work in support of
vegetative treatments to support forest health objectives; and
maintaining infrastructure for the processing of woody fiber in Regions
where it is critical to sustaining local economies and fulfilling the
forest health objectives of the Forest Service.
Sec. 424. (a) Land Sale Authorization.--To offset the acreage
acquired by the Federal Government upon the acquisition of the Elkhorn
Ranch in Medora, North Dakota, the Secretary of Agriculture (in this
section referred to as the ``Secretary'') shall sell all right, title,
and interest of the United States to between 5,195 or 5,205 acres of
National Forest System lands located in Billings County, North Dakota.
It is the intent of Congress that there will be no net gain in federally
owned land in North Dakota as a result of these land conveyances.
(b) Land Sales.--The Secretary may prescribe reservations, terms,
and conditions of sale under this section, and may configure the
descriptions of the land to be sold under this section to enhance the
marketability of the land or for management purposes. The Secretary may
utilize brokers or other third parties in the sale of land and, from the
proceeds of the sale, may pay reasonable commissions or fees for
services rendered.
(c) Consideration.--As consideration for the purchase of land sold
under this section, the purchaser shall pay to the Secretary an amount,
in cash, equal to the fair market value of the land, as determined by
the Secretary by appraisal or competitive sale consistent with Federal
law applicable to land sales. The Secretary may reject any offer made
under this section if the Secretary determines, in the absolute
discretion of the Secretary, that the offer is not adequate or not in
the public interest.
(d) Initial Offer.--Under such terms, conditions, and procedures as
the Secretary may prescribe, any base property landowner holding a
current permit to graze any land authorized for sale under this section
shall have a non-assignable first right to buy the land, provided that
right must be exercised within 6 months after the date of the offer from
the Secretary.
(e) Treatment of Proceeds.--Using the proceeds from the sale of land
under this section, the Secretary shall cover direct expenses incurred
by the Secretary in conducting the sale. Any remaining proceeds shall be
deposited into the fund established by the Act of December 4, 1967
(commonly known as the Sisk Act; 16 U.S.C. 484a), and shall be
available, until expended, for the acquisition of land for inclusion in
the National Forest System.
(f) Land Transfers.--The lands are to be conveyed from fiscal years
2008 to 2009. In the conveyance of any land authorized by this section,
the Secretary shall not be required to conduct additional environmental
analysis, including heritage resource analysis, and no sale, offer to
sell, or conveyance shall be subject to administrative appeal.
(g) <<NOTE: North Dakota.>> 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
[[Page 121 STAT. 2151]]
use of the Elkhorn Ranch shall be managed through the grazing agreement
between the Medora Grazing Association and the Forest Service. The
Animal Unit Months (AUMs) for both Federal and private lands
encompassing the Elkhorn Ranch shall become part of the grazing
agreement held by Medora Grazing Association to be reallocated to its
members in accordance with their rules in effect as of the date of the
enactment of this Act.
(h) The multiple uses of the acquired Elkhorn Ranch shall continue.
Sec. 425. In fiscal year 2008 and thereafter, the Forest Service
shall not change the eligibility requirements for base property, and
livestock ownership as they relate to leasing of base property and
shared livestock agreements for grazing permits on the Dakota Prairie
Grasslands that were in effect as of July 18, 2005.
Sec. 426. The Arts and Artifacts Indemnity Act (Public Law 94-158)
is amended--
(1) in section 3(a) <<NOTE: 20 USC 972.>> by striking ``(B)
the exhibition of which is'' and inserting in lieu thereof ``(B)
in the case of international exhibitions,''; and
(2) in section 5(b), <<NOTE: 20 USC 974.>> by inserting
before the period ``for international exhibitions, and
$5,000,000,000 at any one time for domestic exhibitions''; and
(3) in section 5(c), by inserting before the period ``for
international exhibitions, or $750,000,000 for domestic
exhibitions''.
Sec. 427. <<NOTE: Administrative transfers.>> In accordance with
authorities available in section 428, of Public Law 109-54, the
Secretary of Agriculture and the Secretary of the Interior shall execute
an agreement that transfers management and oversight of the Great Onyx,
Harper's Ferry, and Oconaluftee Job Corps Centers to the Forest Service.
These Job Corps centers shall continue to be administered as described
in section 147(c) of Public Law 105-220, Workforce Investment Act of
1998.
Sec. 428. The United States Department of Agriculture, Forest
Service shall seek to collaborate with stakeholders or parties in Sierra
Forest Legacy, et al v. Weingardt, et al, Civil No. C 07-001654 (E.D.
Cal.), and Sierra Club, et al v. Bosworth, et al, Civil No. C 05-00397
(N.D. Cal.), regarding harvest operations outside of the Giant Sequoia
National Monument in relation to the decisions approving the Revised Ice
Timber Sale and Fuels Reduction Project and the Frog Project, and taking
into account the terms of the contracts for those projects, and in
relation to the Record of Decision for the Kings River Project, and as
appropriate in regard to other disputed fuel reduction projects in the
area.
Sec. 429. (a) In General.--Section 636 of division A of the
Treasury, Postal Service, and General Government Appropriations Act,
1997 (5 U.S.C. prec. 5941 note; Public Law 104-208), is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``or'';
(B) in paragraph (2), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) a temporary fire line manager.''; and
(2) in subsection (c)--
(A) in paragraph (3), by striking ``, and'' and
inserting a semicolon;
[[Page 121 STAT. 2152]]
(B) in paragraph (4)(B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) notwithstanding the definition of the terms
`supervisor' and `management official' under section 7103(a) of
title 5, United States Code, the term `temporary fire line
manager' means an employee of the Forest Service or the
Department of the Interior, whose duties include, as determined
by the employing agency--
``(A) temporary supervision or management of
personnel engaged in wildland or managed fire
activities;
``(B) providing analysis or information that affects
a decision by a supervisor or manager about a wildland
or managed fire; or
(C) directing the deployment of equipment for a
wildland or managed fire.''.
(b) <<NOTE: 5 USC note prec. 5941.>> Effective Date.--The amendment
made by subsection (a) shall take effect on the date of enactment of
this Act.
Sec. 430. Global Climate Change. (a) The Congress finds that--
(1) greenhouse gases accumulating in the atmosphere are
causing average temperatures to rise at a rate outside the range
of natural variability and are posing a substantial risk of
rising sea-levels, altered patterns of atmospheric and oceanic
circulation, and increased frequency and severity of floods,
droughts, and wildfires;
(2) there is a growing scientific consensus that human
activity is a substantial cause of greenhouse gas accumulation
in the atmosphere; and
(3) mandatory steps will be required to slow or stop the
growth of greenhouse gas emissions into the atmosphere.
(b) It is the sense of the Congress that there should be enacted a
comprehensive and effective national program of mandatory, market-based
limits and incentives on emissions of greenhouse gases that slow, stop,
and reverse the growth of such emissions at a rate and in a manner that:
(1) will not significantly harm the United States economy; and (2) will
encourage comparable action by other nations that are major trading
partners and key contributors to global emissions.
Sec. 431. None of the funds made available in this Act may be used
to purchase light bulbs unless the light bulbs have the ``ENERGY STAR''
or ``Federal Energy Management Program'' designation, except in
instances where the agency determines that ENERGY STAR or FEMP
designated light bulbs are not cost-effective over the life of the light
bulbs or are not reasonably available to meet the functional
requirements of the agency.
Sec. 432. None of the funds made available under this Act may be
used to promulgate or implement the Environmental Protection Agency
proposed regulations published in the Federal Register on January 3,
2007 (72 Fed. Reg. 69).
Sec. 433. None of the funds made available by this Act shall be used
to prepare or publish final regulations regarding a commercial leasing
program for oil shale resources on public lands pursuant to section
369(d) of the Energy Policy Act of 2005 (Public Law 109-58) or to
conduct an oil shale lease sale pursuant to subsection 369(e) of such
Act.
[[Page 121 STAT. 2153]]
Sec. 434. Section 401 of the Herger-Feinstein Quincy Library Group
Forest Recovery Act, Public Law 105-277, division A, section 101(e)
(title IV), 112 Stat. 2681-305, <<NOTE: 16 USC 2104 note.>> is
amended--
(1) In section (g) by striking ``until'' and all that
follows and inserting ``until September 30, 2012.'';
(2) By striking subsection (i) and inserting the following:
``By June 1, 2008, the Forest Service shall initiate a
collaborative process with the Plaintiffs in Sierra Nevada
Forest Prot. Campaign v. Rey, Case No. CIV-S-05-0205 MCE/GGH
(E.D. Cal.), appeal docketed sub nom. Sierra Forest Legacy v.
Rey, No. 07-16892 (9th Cir. Oct. 23, 2007) and the Quincy
Library Group to determine whether modifications to the Pilot
Project are appropriate for the remainder of the Pilot
Project.''; and
(3) By adding at the end the following:
``(m) <<NOTE: Applicability.>> Sections 104-106 of Public Law 108-
148 shall apply to projects authorized by this Act.''.
Sec. 435. In addition to the amounts otherwise provided to the
Environmental Protection Agency in this Act, $8,000,000, to remain
available until expended, is provided to EPA to be transferred to the
Department of the Navy for clean-up activities at the Treasure Island
Naval Station--Hunters Point Annex.
Sec. 436. In addition to amounts provided to the Environmental
Protection Agency in this Act, the Oklahoma Department of Environmental
Quality is provided the amount of $3,000,000 for a grant to the Oklahoma
Department of Environmental Quality for ongoing relocation assistance as
administered by the Lead Impacted Communities Relocation Assistance
Trust and as conducted consistent with the use of prior unexpended
funding for relocation assistance, including buy outs of properties, in
accordance with section 2301 of Public Law 109-234 (120 Stat. 455-466).
Sec. 437. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 1.56 percent of the budget authority
provided for fiscal year 2008 for any discretionary appropriation in
titles I through IV of this Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget).
(c) <<NOTE: Applicability. Reports.>> Indian Land and Water Claim
Settlements.--Under the heading ``Bureau of Indian Affairs, Indian Land
and Water Claim Settlements and Miscellaneous Payments to Indians'', the
across-the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2008, shall apply only to the first
dollar amount in the paragraph and the distribution of the rescission
shall be at the discretion of the Secretary of the Interior who shall
submit a report on such distribution and the rationale therefor to the
House and Senate Committees on Appropriations.
(d) OMB Report.--Within 30 days after the date of the enactment of
this section the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations
[[Page 121 STAT. 2154]]
of the House of Representatives and the Senate a report specifying the
account and amount of each rescission made pursuant to this section.
TITLE V
WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$78,000,000, to remain available until expended, for urgent wildland
fire suppression activities: Provided, <<NOTE: Notification.>> That
such funds shall only become available if funds previously provided for
wildland fire suppression will be exhausted imminently and the Secretary
of the Interior notifies the House and Senate Committees on
Appropriations in writing of the need for these additional funds:
Provided further, That such funds are also available for repayment to
other appropriations accounts from which funds were transferred for
wildfire suppression: Provided further, That the amount provided by this
paragraph is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$222,000,000, to remain available until expended, for urgent wildland
fire suppression activities: Provided, <<NOTE: Notification.>> That
such funds shall only become available if funds provided previously for
wildland fire suppression will be exhausted imminently and the Secretary
of Agriculture notifies the House and Senate Committees on
Appropriations in writing of the need for these additional funds:
Provided further, That such funds are also available for repayment to
other appropriation accounts from which funds were transferred for
wildfire suppression: Provided further, That the amount provided by this
paragraph is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008''.
[[Page 121 STAT. 2155]]
DIVISION G--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2008. Department of Labor Appropriations Act, 2008.>> OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2008
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
(including rescissions)
For necessary expenses of the Workforce Investment Act of 1998
(``WIA''), the Denali Commission Act of 1998, and the Women in
Apprenticeship and Non-Traditional Occupations Act of 1992, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the WIA;
$3,608,349,000, plus reimbursements, is available. Of the amounts
provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,994,510,000 as follows:
(A) $864,199,000 for adult employment and training
activities, of which $152,199,000 shall be available for
the period July 1, 2008 to June 30, 2009, and of which
$712,000,000 shall be available for the period October
1, 2008 through June 30, 2009;
(B) $940,500,000 for youth activities, which shall
be available for the period April 1, 2008 through June
30, 2009; and
(C) $1,189,811,000 for dislocated worker employment
and training activities, of which $341,811,000 shall be
available for the period July 1, 2008 through June 30,
2009, and of which $848,000,000 shall be available for
the period October 1, 2008 through June 30, 2009:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds may
be transferred by a local board if approved by the Governor;
(2) for federally administered programs, $477,873,000 as
follows:
(A) $282,092,000 for the dislocated workers
assistance national reserve, of which $6,300,000 shall
be available on October 1, 2007, of which $63,792,000
shall be available for the period July 1, 2008 through
June 30, 2009, and of which $212,000,000 shall be
available for the period October 1, 2008 through June
30, 2009: Provided, That up to $125,000,000 may be made
available for Community-Based Job Training grants from
funds reserved under section 132(a)(2)(A) of the WIA and
shall be used to carry out such grants under section
171(d) of such Act, except that the 10 percent
limitation otherwise applicable to the amount of funds
that may be used to carry out section 171(d) shall not
be applicable to funds used for Community-Based Job
Training grants: Provided further, That funds
[[Page 121 STAT. 2156]]
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, <<NOTE: Deadline.>> 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, <<NOTE: Deadline.>> 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, <<NOTE: Deadline.>> That $2,200,000 shall be
for a non-competitive grant to the AFL-CIO Appalachian
Council, Incorporated, for Job Corps career transition
services, which shall be awarded not later than 30 days
after the date of enactment of this Act;
(B) $53,696,000 for Native American programs, which
shall be available for the period July 1, 2008 through
June 30, 2009;
(C) $81,085,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including
$75,610,000 for formula grants (of which not less that
70 percent shall be for employment and training
services), $4,975,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $500,000 for other discretionary
purposes, which shall be available for the period July
1, 2008 through June 30, 2009: Provided, That,
notwithstanding any other provision of law or related
regulation, the Department shall take no action limiting
the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $1,000,000 for carrying out the Women in
Apprenticeship and Nontraditional Occupations Act, which
shall be available for the period July 1, 2008 through
June 30, 2009; and
(E) $60,000,000 for YouthBuild activities as
described in section 173A of the WIA, which shall be
available for the period April 1, 2008 through June 30,
2009;
(3) for national activities, $135,966,000, which shall be
available for the period July 1, 2008 through July 30, 2009 as
follows:
(A) $49,370,000 for Pilots, Demonstrations, and
Research, of which $5,000,000 shall be for grants to
address the employment and training needs of young
parents (notwithstanding the requirements of section
171(b)(2)(B) or 171(c)(4)(D) of the WIA): Provided, That
funding provided to carry out projects under section 171
of the WIA that are identified in the explanatory
statement described in
[[Page 121 STAT. 2157]]
section 4 (in the matter preceding division A of this
consolidated Act), shall not be subject to the
requirements of sections 171(b)(2)(B) and 171(c)(4)(D)
of the WIA, the joint funding requirements of sections
171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any time
limit requirements of sections 171(b)(2)(C) and
171(c)(4)(B) of the WIA;
(B) $74,800,000 for ex-offender activities, under
the authority of section 171 of the Act, notwithstanding
the requirements of section 171(b)(2)(B) or
171(c)(4)(D), of which not less than $55,000,000 shall
be for youthful offender activities: Provided, That
$50,000,000 shall be available from program year 2007
and program year 2008 funds for competitive grants to
local educational agencies or community-based
organizations to develop and implement mentoring
strategies that integrate educational and employment
interventions designed to prevent youth violence in
schools identified as persistently dangerous under
section 9532 of the Elementary and Secondary Education
Act;
(C) $4,921,000 for Evaluation under section 172 of
the WIA; and
(D) $6,875,000 for the Denali Commission, which
shall be available for the period July 1, 2008 through
June 30, 2009.
Of the amounts made available under this heading in Public Law 107-
116 to carry out the activities of the National Skills Standards Board,
$44,000 are rescinded.
Of the unexpended balances remaining from funds appropriated to the
Department of Labor under this heading for fiscal years 2005 and 2006 to
carry out the Youth, Adult and Dislocated Worker formula programs under
the Workforce Investment Act, $250,000,000 are rescinded: Provided, That
the Secretary of Labor may, upon the request of a State, apply any
portion of the State's share of this rescission to funds otherwise
available to the State for such programs during program year 2007:
Provided further, That notwithstanding any provision of such Act, the
Secretary may waive such requirements as may be necessary to carry out
the instructions relating to this rescission in House Report 110-424.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965,
$530,900,000, which shall be available for the period July 1, 2008
through June 30, 2009.
federal unemployment benefits and allowances
For payments during fiscal year 2008 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, allowances for job search and relocation, and related State
administrative expenses under part II of subchapter B of chapter 2 of
title II of the Trade Act of 1974, $888,700,000, together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15,
2008.
[[Page 121 STAT. 2158]]
State Unemployment Insurance and Employment Service Operations
For authorized administrative expenses, $90,517,000, together with
not to exceed $3,233,436,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,497,770,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act,
the administration of unemployment insurance for Federal
employees and for ex-service members as authorized under
sections 8501-8523 of title 5, United States Code, and the
administration of trade readjustment allowances and alternative
trade adjustment assistance under the Trade Act of 1974, and
shall be available for obligation by the States through December
31, 2008, except that funds used for automation acquisitions
shall be available for obligation by the States through
September 30, 2010, and funds used for unemployment insurance
workloads experienced by the States through September 30, 2008
shall be available for Federal obligation through December 31,
2008.
(2) $9,900,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system.
(3) $693,000,000 from the Trust Fund, together with
$22,883,000 from the General Fund of the Treasury, is for grants
to States in accordance with section 6 of the Wagner-Peyser Act,
and shall be available for Federal obligation for the period
July 1, 2008 through June 30, 2009.
(4) $32,766,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, the administration of activities,
including foreign labor certifications, under the Immigration
and Nationality Act, and the provision of technical assistance
and staff training under the Wagner-Peyser Act, including not to
exceed $1,228,000 that may be used for amortization payments to
States which had independent retirement plans in their State
employment service agencies prior to 1980.
(5) $52,985,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2008
through June 30, 2009.
(6) $14,649,000 from the General Fund is to provide for work
incentive grants to the States and shall be available for the
period July 1, 2008 through June 30, 2009:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2008 is projected by the
Department of Labor to exceed 2,786,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title III of the
Social Security Act may be used by such State
[[Page 121 STAT. 2159]]
to assist other States in carrying out activities under such title III
if the other States include areas that have suffered a major disaster
declared by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act: Provided further, That the Secretary of
Labor may use funds appropriated for grants to States under title III of
the Social Security Act to make payments on behalf of States for the use
of the National Directory of New Hires under section 453(j)(8) of such
Act: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or which are
used to support the national activities of the Federal-State
unemployment insurance or immigration programs, may be obligated in
contracts, grants, or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment
Insurance and Employment Service automation efforts, notwithstanding
cost allocation principles prescribed under the Office of Management and
Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1954; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by section 8509 of title 5, United
States Code, and to the ``Federal unemployment benefits and allowances''
account, to remain available until September 30, 2009, $437,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2008, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
Program Administration
For expenses of administering employment and training programs,
$88,451,000, together with not to exceed $86,936,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $141,790,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by subtitle E of
title IV of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 4201 et seq.), within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without
[[Page 121 STAT. 2160]]
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act (31 U.S.C. 9104), as may be necessary
in carrying out the program, including associated administrative
expenses, through September 30, 2008, for such Corporation: Provided,
That none of the funds available to the Corporation for fiscal year 2008
shall be available for obligations for administrative expenses in excess
of $411,151,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2008, an amount not to exceed an additional
$9,200,000 shall be available for obligation for administrative expenses
for every 20,000 additional terminated participants: Provided
further, <<NOTE: Notification.>> That an additional $50,000 shall be
made available for obligation for investment management fees for every
$25,000,000 in assets received by the Corporation as a result of new
plan terminations, after approval by the Office of Management and Budget
and notification of the Committees on Appropriations of the House of
Representatives and the Senate.
Employment Standards Administration
Salaries and Expenses
(including rescission)
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $426,351,000, together with
$2,058,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards Act
of 1938 and for processing applications and issuing registrations under
title I of the Migrant and Seasonal Agricultural Worker Protection Act.
Of the unobligated funds collected pursuant to section 286(v) of the
Immigration and Nationality Act, $102,000,000 are rescinded.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by chapter 81 of title 5, United States Code;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f) of the War Claims Act of 1948; and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $203,000,000, together
with such amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other benefits
for any period subsequent to August 15 of the current
[[Page 121 STAT. 2161]]
year: Provided, That amounts appropriated may be used under section 8104
of title 5, United States Code, by the Secretary of Labor to reimburse
an employer, who is not the employer at the time of injury, for portions
of the salary of a reemployed, disabled beneficiary: Provided further,
That balances of reimbursements unobligated on September 30, 2007, shall
remain available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition there shall
be transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under section 8147(c)
of title 5, United States Code, to pay an amount for its fair share of
the cost of administration, such sums as the Secretary determines to be
the cost of administration for employees of such fair share entities
through September 30, 2008: Provided further, That of those funds
transferred to this account from the fair share entities to pay the cost
of administration of the Federal Employees' Compensation Act,
$52,280,000 shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems, $21,855,000.
(2) For automated workload processing operations, including
document imaging, centralized mail intake and medical bill
processing, $16,109,000.
(3) For periodic roll management and medical review,
$14,316,000.
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person filing
a notice of injury or a claim for benefits under chapter 81 of title 5,
United States Code, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $208,221,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2009, $62,000,000, to remain available until expended.
Administrative Expenses, Energy Employees Occupational Illness
Compensation Fund
(including transfer of funds)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $104,745,000, to remain
available until expended: Provided, That the Secretary of Labor is
authorized to transfer to any executive agency with authority under the
Energy Employees Occupational Illness Compensation Program Act,
including within the Department of Labor, such sums as may be necessary
in fiscal year 2008 to carry out
[[Page 121 STAT. 2162]]
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: <<NOTE: Deadline.>> Provided
further, That not later than 30 days after enactment of this Act, in
addition to other sums transferred by the Secretary to the National
Institute for Occupational Safety and Health (``NIOSH'') for the
administration of the Energy Employees Occupational Illness Compensation
Program (``EEOICP''), the Secretary shall transfer $4,500,000 to NIOSH
from the funds appropriated to the Energy Employees Occupational Illness
Compensation Fund, for use by or in support of the Advisory Board on
Radiation and Worker Health (``the Board'') to carry out its statutory
responsibilities under the EEOICP, including obtaining audits, technical
assistance and other support from the Board's audit contractor with
regard to radiation dose estimation and reconstruction efforts, site
profiles, procedures, and review of Special Exposure Cohort petitions
and evaluation reports.
Black Lung Disability Trust Fund
(including transfer of funds)
In <<NOTE: 26 USC 9501 note.>> fiscal year 2008 and thereafter,
such sums as may be necessary from the Black Lung Disability Trust Fund,
to remain available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (4), and (7) of the Internal
Revenue Code of 1954; and interest on advances, as authorized by section
9501(c)(2) of that Act. In addition, the following amounts shall be
available from the Fund for fiscal year 2008 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $32,761,000 for transfer to the
Employment Standards Administration ``Salaries and Expenses''; not to
exceed $24,785,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $335,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Occupational Safety and Health
Administration, $494,641,000, including not to exceed $91,093,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary of Labor under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $750,000 per fiscal
year of training institute course tuition fees, otherwise authorized by
law to be collected, and may utilize such sums for occupational safety
and health training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the
fiscal year ending September 30, 2008, to collect and retain fees for
services
[[Page 121 STAT. 2163]]
provided to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace: Provided further, <<NOTE: Farms and farming.>> That none of
the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Act which is applicable to any person who
is engaged in a farming operation which does not maintain a temporary
labor camp and employs 10 or fewer employees: Provided
further, <<NOTE: Small businesses.>> That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,116,000 shall be available for Susan Harwood training
grants, of which $3,200,000 shall be used for the Institutional
Competency Building training grants which commenced in September 2000,
for program activities for the period of October 1, 2007 to September
30, 2008, provided that a grantee has demonstrated satisfactory
performance: Provided further, <<NOTE: Deadline.>> That such grants
shall be awarded not later than 30 days after the date of enactment of
this Act: Provided further, <<NOTE: Reports. Deadlines.>> 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
[[Page 121 STAT. 2164]]
global harmonization; such timetables shall include actual or estimated
dates for: the publication of an advance notice of proposed rulemaking,
the commencement and completion of a Small Business Regulatory
Enforcement Fairness Act review (if required), the completion of any
peer review (if required), the submission of the draft proposed rule to
the Office of Management and Budget for review under Executive Order No.
12866 (if required), the publication of a proposed rule, the conduct of
public hearings, the submission of a draft final rule to the Office of
Management and Budget for review under Executive Order No. 12866 (if
required), and the issuance of a final rule; and such report shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate within 90 days of the enactment of this
Act, with updates provided every 90 days thereafter that shall include
an explanation of the reasons for any delays in meeting the projected
timetables for action.
Mine Safety and Health Administration
Salaries and Expenses
For necessary expenses for the Mine Safety and Health
Administration, $339,862,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities, $2,200,000 for an
award to the United Mine Workers of America, for classroom and simulated
rescue training for mine rescue teams, and $1,184,000 for an award to
the Wheeling Jesuit University, for the National Technology Transfer
Center for a coal slurry impoundment project; in addition, not to exceed
$750,000 may be collected by the National Mine Health and Safety Academy
for room, board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine safety and
health education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, the Mine Safety and Health Administration may
retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in
mines, <<NOTE: 30 USC 962.>> and may utilize such sums for such
activities; the Secretary of Labor is authorized to accept lands,
buildings, equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry, and
safety associations; the Secretary is authorized to recognize the Joseph
A. Holmes Safety Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds and, with
or without reimbursement, personnel, including service of Mine Safety
and Health Administration officials as officers in local chapters or in
the national organization; and any funds available to the Department may
be used, with the approval of the Secretary, to provide for the costs of
mine rescue and survival operations in the event of a major disaster.
[[Page 121 STAT. 2165]]
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, <<NOTE: Survey.>> That
the Current Employment Survey shall maintain the content of the survey
issued prior to June 2005 with respect to the collection of data for the
women worker series.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $27,712,000.
Departmental Management
Salaries and Expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation, through
contracts, grants or other arrangements of Departmental activities
conducted by or through the Bureau of International Labor Affairs,
including bilateral and multilateral technical assistance and other
international labor activities, $296,756,000, of which $82,516,000 is
for the Bureau of International Labor Affairs (including $5,000,000 to
implement model programs to address worker rights issues through
technical assistance in countries with which the United States has trade
preference programs), and of which $20,000,000 is for the acquisition of
Departmental information technology, architecture, infrastructure,
equipment, software and related needs, which will be allocated by the
Department's Chief Information Officer in accordance with the
Department's capital investment management process to assure a sound
investment strategy; together with not to exceed $308,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Office of Job Corps
To carry out subtitle C of title I of the Workforce Investment Act
of 1998, including Federal administrative expenses, the purchase and
hire of passenger motor vehicles, the construction, alteration and
repairs of buildings and other facilities, and the purchase of real
property for training centers as authorized by the Workforce Investment
Act; $1,626,855,000, plus reimbursements, as follows:
(1) $1,485,357,000 for Job Corps Operations, of which
$894,357,000 is available for obligation for the period July
[[Page 121 STAT. 2166]]
1, 2008 through June 30, 2009 and of which $591,000,000 is
available for obligation for the period October 1, 2008 through
June 30, 2009.
(2) $112,920,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $12,920,000 is
available for the period July 1, 2008 through June 30, 2011 and
$100,000,000 is available for the period October 1, 2008 through
June 30, 2011.
(3) $28,578,000 for necessary expenses of the Office of Job
Corps is available for obligation for the period October 1, 2007
through September 30, 2008:
Provided, That the Office of Job Corps shall have contracting authority:
Provided further, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers: Provided
further, That none of the funds made available in this Act shall be used
to reduce Job Corps total student training slots below the current level
of 44,491 in program year 2008.
veterans employment and training
Not to exceed $200,631,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of sections 4100-4113, 4211-4215, and 4321-4327 of
title 38, United States Code, and Public Law 103-353, and which shall be
available for obligation by the States through December 31, 2008, of
which $1,984,000 is for the National Veterans' Employment and Training
Services Institute. To carry out the Homeless Veterans Reintegration
Programs under section 5(a)(1) of the Homeless Veterans Comprehensive
Assistance Act of 2001 and the Veterans Workforce Investment Programs
under section 168 of the Workforce Investment Act, $31,522,000, of which
$7,482,000 shall be available for obligation for the period July 1,
2008, through June 30, 2009.
Office of Inspector General
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$70,072,000, together with not to exceed $5,641,000, which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated in this Act for the Job
Corps shall be used to pay the salary of an individual, either as direct
costs or any proration as an indirect cost, at a rate in excess of
Executive Level I.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall be available only
to meet emergency needs and shall
[[Page 121 STAT. 2167]]
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, <<NOTE: Notification. Deadline.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, whole or in
part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. <<NOTE: Transit subsidy. 5 USC 7905 note.>> After
September 30, 2007, the Secretary of Labor shall issue a monthly transit
subsidy of not less than the full amount (of not less than $110) that
each of its employees of the National Capital Region is eligible to
receive.
Sec. 105. <<NOTE: Reports.>> None of the funds appropriated in this
title for grants under section 171 of the Workforce Investment Act of
1998 may be obligated prior to the preparation and submission of a
report by the Secretary of Labor to the Committees on Appropriations of
the House of Representatives and the Senate detailing the planned uses
of such funds.
Sec. 106. There is authorized to be appropriated such sums as may be
necessary to the Denali Commission through the Department of Labor to
conduct job training of the local workforce where Denali Commission
projects will be constructed.
Sec. 107. None of the funds made available to the Department of
Labor for grants under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 may be used for any purpose other
than training in the occupations and industries for which employers are
using H-1B visas to hire foreign workers, and the related activities
necessary to support such training: Provided, That the preceding
limitation shall not apply to multi-year grants awarded prior to June
30, 2007.
Sec. 108. None of the funds available in this Act or available to
the Secretary of Labor from other sources for Community-Based Job
Training grants and grants authorized under section 414(c) of the
American Competitiveness and Workforce Improvement Act of 1998 shall be
obligated for a grant awarded on a non-competitive basis.
Sec. 109. The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition established
in 20 CFR 667.220 for functions and activities under title I of the
Workforce Investment Act of 1998, or to modify, through regulatory or
administrative action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including applying the
standards specified in section 116(a)(3)(B) of that Act, but
notwithstanding the time limits specified in section 116(a)(3)(B) of
that Act), until such time as legislation reauthorizing the Act is
enacted. Nothing in the preceding sentence shall permit or require the
Secretary of Labor to withdraw approval for such redesignation from a
State that received the approval not later than October 12, 2005, or to
revise action taken or modify the redesignation procedure being used by
the Secretary in order to complete such redesignation for a State that
initiated the process of such redesignation by submitting any request
for such redesignation not later than October 26, 2005.
[[Page 121 STAT. 2168]]
Sec. 110. None of the funds made available in this or any other Act
shall be available to finalize or implement any proposed regulation
under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933,
or the Trade Adjustment Assistance Reform Act of 2002 until such time as
legislation reauthorizing the Workforce Investment Act of 1998 and the
Trade Adjustment Assistance Reform Act of 2002 is enacted.
Sec. 111. <<NOTE: Deadline. Reports.>> None of the funds available
in this Act may be used to carry out a public-private competition or
direct conversion under Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive or policy until 60
days after the Government Accountability Office provides a report to the
Committees on Appropriations of the House of Representatives and the
Senate on the use of competitive sourcing at the Department of Labor.
Sec. 112. <<NOTE: Deadlines. Regulations. 30 USC 863 note.>> (a)
Not later than June 20, 2008, the Secretary of Labor shall propose
regulations pursuant to section 303(y) of the Federal Mine Safety and
Health Act of 1977, consistent with the recommendations of the Technical
Study Panel established pursuant to section 11 of the Mine Improvement
and New Emergency Response (MINER) Act (Public Law 109-236), to require
that in any coal mine, regardless of the date on which it was opened,
belt haulage entries not be used to ventilate active working places
without prior approval from the Assistant Secretary. Further, a mine
ventilation plan incorporating the use of air coursed through belt
haulage entries to ventilate active working places shall not be approved
until the Assistant Secretary has reviewed the elements of the plan
related to the use of belt air and determined that the plan at all times
affords at least the same measure of protection where belt haulage
entries are not used to ventilate working places. The Secretary shall
finalize the regulations not later than December 31, 2008.
(b) <<NOTE: 30 USC 875 note.>> Not later than June 15, 2008, the
Secretary of Labor shall propose regulations pursuant to section 315 of
the Federal Coal Mine Health and Safety Act of 1969, consistent with the
recommendations of the National Institute for Occupational Safety and
Health pursuant to section 13 of the MINER Act (Public Law 109-236),
requiring rescue chambers, or facilities that afford at least the same
measure of protection, in underground coal mines. The Secretary shall
finalize the regulations not later than December 31, 2008.
Sec. 113. None of the funds appropriated in this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in OMB Circular A-133. Where
States are recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and bonuses from
subrecipients of such funds, taking into account factors including the
relative cost-of-living in the State, the compensation levels for
comparable State or local government employees, and the size of the
organizations that administer Federal programs involved including
Employment and Training Administration programs.
Sec. 114. (a) In this section:
[[Page 121 STAT. 2169]]
(1) The term ``covered funds'' means funds provided under
section 173 of the Workforce Investment Act of 1998 (29 U.S.C.
2918) to a State that submits an application under that section
not earlier than May 4, 2007, for a national emergency grant to
address the effects of the May 4, 2007, Greensburg, Kansas,
tornado.
(2) The term ``professional municipal services'' means
services that are necessary to facilitate the recovery of
Greensburg, Kansas, from that tornado, and necessary to plan for
or provide basic management and administrative services, which
may include--
(A) the overall coordination of disaster recovery
and humanitarian efforts, oversight, and enforcement of
building code compliance, and coordination of health and
safety response units; or
(B) the delivery of humanitarian assistance to
individuals affected by that tornado.
(b) Covered funds may be used to provide temporary public sector
employment and services authorized under section 173 of such Act to
individuals affected by such tornado, including individuals who were
unemployed on the date of the tornado, or who are without employment
history, in addition to individuals who are eligible for disaster relief
employment under section 173(d)(2) of such Act.
(c) Covered funds may be used to provide professional municipal
services for a period of not more than 24 months, by hiring or
contracting with individuals or organizations (including individuals
employed by contractors) that the State involved determines are
necessary to provide professional municipal services.
(d) Covered funds expended under this section may be spent on costs
incurred not earlier than May 4, 2007.
This title may be cited as the ``Department of Labor Appropriations
Act, 2008''.
TITLE II <<NOTE: Department of Health and Human Services Appropriations
Act, 2008.>>
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,
[[Page 121 STAT. 2170]]
$160,000 shall be available until expended for facilities renovations at
the Gillis W. Long Hansen's Disease Center: Provided further, That
$40,000,000 of the funding provided for community health centers shall
be for base grant adjustments for existing health centers: Provided
further, That in addition to fees authorized by section 427(b) of the
Health Care Quality Improvement Act of 1986, fees shall be collected for
the full disclosure of information under the Act sufficient to recover
the full costs of operating the National Practitioner Data Bank, and
shall remain available until expended to carry out that Act: Provided
further, That fees collected for the full disclosure of information
under the ``Health Care Fraud and Abuse Data Collection Program'',
authorized by section 1128E(d)(2) of the Social Security Act, shall be
sufficient to recover the full costs of operating the program, and shall
remain available until expended to carry out that Act: Provided further,
That no more than $40,000 is available until expended for carrying out
the provisions of 42 U.S.C. 233(o) including associated administrative
expenses and relevant evaluations: Provided further, That no more than
$44,055,000 is available until expended for carrying out the provisions
of Public Law 104-73 and for expenses incurred by the Department of
Health and Human Services pertaining to administrative claims made under
such law: Provided further, That of the funds made available under this
heading, $305,315,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family planning
projects: Provided further, <<NOTE: Abortions.>> That amounts provided
to said projects under such title shall not be expended for abortions,
that all pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends to
promote public support or opposition to any legislative proposal or
candidate for public office: Provided further, That of the funds
available under this heading, $1,854,800,000 shall remain available to
the Secretary of Health and Human Services through September 30, 2010,
for parts A and B of title XXVI of the Public Health Service Act:
Provided further, That within the amounts provided for part A of title
XXVI of the Public Health Service Act, funds shall be made available to
qualifying jurisdictions, within 45 days of enactment, for increasing
supplemental grants for fiscal year 2008 to metropolitan areas that
received grant funding in fiscal year 2007 under subparts I and II of
part A of title XXVI of the Public Health Service Act to ensure that an
area's total funding under part A for fiscal year 2007, together with
the amount of this additional funding, is not less than 86.6 percent of
the amount of such area's total funding under part A for fiscal year
2006: Provided further, That, notwithstanding section 2603(c)(1) of the
Public Health Service Act, the additional funding to areas under the
immediately preceding proviso, which may be used for costs incurred
during fiscal year 2007, shall be available to the area for obligation
from the date of the award through the end of the grant year for the
award: Provided further, That $808,500,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public Health
Service Act: Provided further, That in addition to amounts provided
herein, $25,000,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out parts A, B, C,
and D of title XXVI of the Public Health Service Act to fund section
2691 Special Projects of National Significance:
[[Page 121 STAT. 2171]]
Provided further, That, notwithstanding section 502(a)(1) and 502(b)(1)
of the Social Security Act, not to exceed $100,937,000 is available for
carrying out special projects of regional and national significance
pursuant to section 501(a)(2) of such Act and $10,586,000 is available
for projects described in paragraphs (A) through (F) of section
501(a)(3) of such Act: Provided further, That of the funds provided,
$39,283,000 shall be provided to the Denali Commission as a direct lump
payment pursuant to Public Law 106-113: Provided further, That of the
funds provided, $25,000,000 shall be provided for the Delta Health
Initiative as authorized in section 219 of this Act and associated
administrative expenses: Provided further, That notwithstanding section
747(e)(2) of the PHS Act, not less than $5,000,000 shall be for general
dentistry programs, not less than $5,000,000 shall be for pediatric
dentistry programs and not less than $24,614,000 shall be for family
medicine programs: Provided further, That of the funds available under
this heading, $9,000,000 shall be provided for the National Cord Blood
Inventory pursuant to the Stem Cell Therapeutic and Research Act of
2005.
Health Education Assistance Loans Program Account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act.
For administrative expenses to carry out the guaranteed loan program,
including section 709 of the Public Health Service Act, $2,898,000.
Vaccine Injury Compensation Program Trust Fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $5,500,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
Disease Control, Research, and Training
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203,
301, 501, and 514 of the Federal Mine Safety and Health Act of 1977,
section 13 of the Mine Improvement and New Emergency Response Act of
2006, sections 20, 21, and 22 of the Occupational Safety and Health Act
of 1970, title IV of the Immigration and Nationality Act, section 501 of
the Refugee Education Assistance Act of 1980, and for expenses necessary
to support activities related to countering potential biological,
disease, nuclear, radiological, and chemical threats to civilian
populations; including purchase and insurance of official motor vehicles
in foreign countries; and purchase, hire, maintenance, and operation of
aircraft, $6,156,541,000, of which $56,000,000 shall remain available
until expended for equipment, construction and renovation of facilities;
of which $568,803,000 shall remain available until expended for
[[Page 121 STAT. 2172]]
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, <<NOTE: Gun control.>> That none of the funds made available
for injury prevention and control at the Centers for Disease Control and
Prevention may be used, in whole or in part, to advocate or promote gun
control: Provided further, That up to $31,800,000 shall be made
available until expended for Individual Learning Accounts for full-time
equivalent employees of the Centers for Disease Control and Prevention:
Provided further, That the Director may redirect the total amount made
available under authority of Public Law 101-502, section 3, dated
November 3, 1990, to activities the Director may so designate: Provided
further, <<NOTE: Notification.>> That the Committees on Appropriations
of the House of Representatives and the Senate are to be notified
promptly of any such transfer: Provided further, That not to exceed
$18,929,000 may be available for making grants under section 1509 of the
Public Health Service Act to not less than 15 States, tribes, or tribal
organizations: Provided further, <<NOTE: Contracts.>> That
notwithstanding any other provision of law, the Centers for Disease
Control and Prevention shall award a single contract or related
contracts for development and construction of the next building or
facility designated in the Buildings and Facilities Master Plan that
collectively include the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18: Provided further,
That of the funds appropriated, $10,000 is for official reception and
representation expenses when specifically approved by the Director of
the Centers for Disease Control and Prevention: Provided further, That
employees of the Centers for Disease Control and Prevention or the
Public Health Service, both civilian and Commissioned Officers, detailed
to States, municipalities, or other organizations under authority of
section 214 of the Public Health Service Act, or in overseas
assignments, shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department
[[Page 121 STAT. 2173]]
of Health and Human Services during the period of detail or assignment:
Provided further, That out of funds made available under this heading
for domestic HIV/AIDS testing, up to $30,000,000 shall be for States
eligible under section 2625 of the Public Health Service Act as of
December 31, 2007 and shall be distributed by May 31, 2008 based on
standard criteria relating to a State's epidemiological profile, and of
which not more than $1,000,000 may be made available to any one State,
and any amounts that have not been obligated by May 31, 2008 shall be
used to make grants authorized by other provisions of the Public Health
Service Act to States and local public health departments for HIV
prevention activities.
National Institutes of Health
National Cancer Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,890,525,000, of which up to
$8,000,000 may be used for facilities repairs and improvements at the
NCI-Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
National Heart, Lung, and Blood Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,974,900,000.
National Institute of Dental and Craniofacial Research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $396,632,000.
National Institute of Diabetes and Digestive and Kidney Diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,736,199,000.
National Institute of Neurological Disorders and Stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,571,353,000.
National Institute of Allergy and Infectious Diseases
(including transfer of funds)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,641,746,000: Provided, That $300,000,000 may be made available to
International Assistance Programs ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended:
Provided further, <<NOTE: Notification.>> That such sums obligated in
fiscal years 2003 through 2007 for extramural facilities construction
projects are to remain available until expended for disbursement,
[[Page 121 STAT. 2174]]
with prior notification of such projects to the Committees on
Appropriations of the House of Representatives and the Senate.
National Institute of General Medical Sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,970,228,000.
National Institute of Child Health and Human Development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,277,017,000.
National Eye Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$678,978,000.
National Institute of Environmental Health Sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$653,673,000.
National Institute on Aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,065,881,000.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $517,629,000.
National Institute on Deafness and Other Communication Disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$401,146,000.
National Institute of Nursing Research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $139,920,000.
National Institute on Alcohol Abuse and Alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $444,016,000.
National Institute on Drug Abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,018,493,000.
[[Page 121 STAT. 2175]]
National Institute of Mental Health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,429,466,000.
National Human Genome Research Institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $495,434,000.
National Institute of Biomedical Imaging and Bioengineering
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $303,955,000.
National Center for Research Resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,169,884,000.
National Center for Complementary and Alternative Medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$123,739,000.
National Center on Minority Health and Health Disparities
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $203,117,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the Public
Health Service Act), $67,741,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$326,669,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2008,
the National Library of Medicine may enter into personal services
contracts for the provision of services in facilities owned, operated,
or constructed under the jurisdiction of the National Institutes of
Health: Provided further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out the purposes of the
National Information Center on Health Services Research and Health Care
Technology established under section 478A of the Public Health Service
Act and related health services.
[[Page 121 STAT. 2176]]
Office of the Director
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $1,128,819,000, of which up to
$25,000,000 shall be used to carry out section 215 of this Act:
Provided, That funding shall be available for the purchase of not to
exceed 29 passenger motor vehicles for replacement only: Provided
further, That the National Institutes of Health is authorized to collect
third party payments for the cost of clinical services that are incurred
in National Institutes of Health research facilities and that such
payments shall be credited to the National Institutes of Health
Management Fund: Provided further, That all funds credited to such Fund
shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That $112,872,000 shall be
available for continuation of the National Children's Study: Provided
further, That $504,420,000 shall be available for the Common Fund
established under section 402A(c)(1) of the Public Health Service Act:
Provided further, That of the funds provided $10,000 shall be for
official reception and representation expenses when specifically
approved by the Director of the National Institutes of Health: Provided
further, That the Office of AIDS Research within the Office of the
Director of the National Institutes of Health may spend up to $4,000,000
to make grants for construction or renovation of facilities as provided
for in section 2354(a)(5)(B) of the Public Health Service Act.
Buildings and Facilities
For the study of, construction of, renovation of, and acquisition of
equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $121,081,000, to
remain available until expended.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
(``PHS Act'') with respect to substance abuse and mental health
services, the Protection and Advocacy for Individuals with Mental
Illness Act, and section 301 of the PHS Act with respect to program
management, $3,291,543,000, of which $19,120,000 shall be available for
the projects and in the amounts specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That notwithstanding section 520A(f)(2) of
the PHS Act, no funds appropriated for carrying out section 520A are
available for carrying out section 1971 of the PHS Act: Provided
further, That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act: (1)
$79,200,000 to carry out subpart II of part B of title XIX of the PHS
Act to fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not exceed
5 percent of the amounts appropriated for subpart II of part B of title
XIX; (2) $21,413,000 to carry out subpart I of part B of title XIX of
the PHS Act to fund section 1920(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available
[[Page 121 STAT. 2177]]
under this Act for section 1920(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart I of part B of title XIX; (3)
$17,750,000 to carry out national surveys on drug abuse; and (4)
$4,300,000 to evaluate substance abuse treatment programs: Provided
further, That section 520E(b)(2) of the Public Health Service Act shall
not apply to funds appropriated under this Act for fiscal year 2008.
Agency for Healthcare Research and Quality
Healthcare Research and Quality
For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, amounts received from
Freedom of Information Act fees, reimbursable and interagency
agreements, and the sale of data shall be credited to this appropriation
and shall remain available until expended: Provided, That the amount
made available pursuant to section 937(c) of the Public Health Service
Act shall not exceed $334,564,000.
Centers for Medicare and Medicaid Services
Grants to States for Medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $141,628,056,000, to remain available until
expended.
For making, after May 31, 2008, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2008 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2009, $67,292,669,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
Payments to Health Care Trust Funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under section
1844 and 1860D-16 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $188,445,000,000.
In addition, for making matching payments under section 1844, and
benefit payments under section 1860D-16 of the Social Security Act, not
anticipated in budget estimates, such sums as may be necessary.
Program Management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
[[Page 121 STAT. 2178]]
of the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $3,207,690,000, to be
transferred from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as authorized by section
201(g) of the Social Security Act; together with all funds collected in
accordance with section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, funds retained by the Secretary
pursuant to section 302 of the Tax Relief and Health Care Act of 2006;
and such sums as may be collected from authorized user fees and the sale
of data, which shall remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act shall be
credited to and available for carrying out the purposes of this
appropriation: Provided further, That $45,000,000, to remain available
until September 30, 2009, is for contract costs for the Healthcare
Integrated General Ledger Accounting System: Provided further, That
$193,000,000, to remain available until September 30, 2009, is for CMS
Medicare contracting reform activities: Provided further, That funds
appropriated under this heading are available for the Healthy Start,
Grow Smart program under which the Centers for Medicare and Medicaid
Services may, directly or through grants, contracts, or cooperative
agreements, produce and distribute informational materials including,
but not limited to, pamphlets and brochures on infant and toddler health
care to expectant parents enrolled in the Medicaid program and to
parents and guardians enrolled in such program with infants and
children: Provided further, That the Secretary of Health and Human
Services is directed to collect fees in fiscal year 2008 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that
Act: Provided further, That $5,007,000 shall be available for the
projects and in the amounts specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Administration for Children and Families
Payments to States for Child Support Enforcement and Family Support
Programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. chapter 9), $2,949,713,000, to remain
available until expended; and for such purposes for the first quarter of
fiscal year 2009, $1,000,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
[[Page 121 STAT. 2179]]
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. chapter 9), for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
low-income home energy assistance
For making payments under section 2604(a)-(d) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(a)-(d)), $2,015,206,000.
For making payments under section 2604(e) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), $596,379,000,
notwithstanding the designation requirement of section 2602(e) of such
Act: Provided, That of the amount provided by this paragraph,
$250,000,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
Refugee and Entrant Assistance
For necessary expenses for refugee and entrant assistance activities
and for costs associated with the care and placement of unaccompanied
alien children authorized by title IV of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980, for
carrying out section 462 of the Homeland Security Act of 2002, and for
carrying out the Torture Victims Relief Act of 1998, $667,288,000, of
which up to $9,988,000 shall be available to carry out the Trafficking
Victims Protection Act of 2000: Provided, That funds appropriated under
this heading pursuant to section 414(a) of the Immigration and
Nationality Act and section 462 of the Homeland Security Act of 2002 for
fiscal year 2008 shall be available for the costs of assistance provided
and other activities to remain available through September 30, 2010.
Payments to States for the Child Care and Development Block Grant
For carrying out the Child Care and Development Block Grant Act of
1990, $2,098,746,000 shall be used to supplement, not supplant State
general revenue funds for child care assistance for low-income families:
Provided, That $18,777,370 shall be available for child care resource
and referral and school-aged child care activities, of which $982,080
shall be for the Child Care Aware toll-free hotline: Provided further,
That, in addition to the amounts required to be reserved by the States
under section 658G, $267,785,718 shall be reserved by the States for
activities authorized under section 658G, of which $98,208,000 shall be
for activities that improve the quality of infant and toddler care:
Provided further, That $9,821,000 shall be for use by the Secretary for
child care research, demonstration, and evaluation activities.
Social Services Block Grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
[[Page 121 STAT. 2180]]
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX of such Act shall be 10 percent.
Children and Families Services Programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), sections 330F and 330G of the Public Health
Service Act, the Abandoned Infants Assistance Act of 1988, sections 261
and 291 of the Help America Vote Act of 2002, part B(1) of title IV and
sections 413, 1110, and 1115 of the Social Security Act; for making
payments under the Community Services Block Grant Act, sections 439(i),
473B, and 477(i) of the Social Security Act, and the Assets for
Independence Act, and for necessary administrative expenses to carry out
such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social
Security Act, the Act of July 5, 1960 (24 U.S.C. chapter 9), the Low-
Income Home Energy Assistance Act of 1981, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education Assistance Act
of 1980, and section 505 of the Family Support Act of 1988,
$9,129,990,000, of which $4,400,000, to remain available until September
30, 2009, shall be for grants to States for adoption incentive payments,
as authorized by section 473A of the Social Security Act and may be made
for adoptions completed before September 30, 2008: Provided, That
$7,000,270,000 shall be for making payments under the Head Start Act, of
which $1,388,800,000 shall become available October 1, 2008, and remain
available through September 30, 2009: Provided further, That
$705,451,000 shall be for making payments under the Community Services
Block Grant Act: Provided further, That not less than $8,000,000 shall
be for section 680(3)(B) of the Community Services Block Grant Act:
Provided further, That in addition to amounts provided herein,
$6,000,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out the provisions of section
1110 of the Social Security Act: Provided further, That to the extent
Community Services Block Grant funds are distributed as grant funds by a
State to an eligible entity as provided under the Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided
further, <<NOTE: Procedures. 42 USC 9921 note.>> 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
[[Page 121 STAT. 2181]]
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: <<NOTE: Abstinence education.>> Provided
further, That grants under the immediately preceding proviso shall be
made only to public and private entities which agree that, with respect
to an adolescent to whom the entities provide abstinence education under
such grant, the entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of an
entity expressly required by law to provide health information or
services the adolescent shall not be precluded from seeking health
information or services from the entity in a different setting than the
setting in which abstinence education was provided: Provided further,
That within amounts provided herein for abstinence education for
adolescents, up to $10,000,000 may be available for a national
abstinence education campaign: Provided further, That in addition to
amounts provided herein for abstinence education for adolescents,
$4,500,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out evaluations (including
longitudinal evaluations) of adolescent pregnancy prevention approaches:
Provided further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness: Provided further, That $17,301,000 shall be available for
the projects and in the amounts specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Promoting Safe and Stable Families
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437, $64,437,000.
Payments to States for Foster Care and Adoption Assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,067,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Act, for the first quarter of fiscal year 2009,
$1,776,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E,
for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
[[Page 121 STAT. 2182]]
Administration on Aging
Aging Services Programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 and section 398 of the Public Health Service Act,
$1,438,567,000, of which $5,500,000 shall be available for activities
regarding medication management, screening, and education to prevent
incorrect medication and adverse drug reactions: Provided, That
$6,431,000 shall be available for the projects and in the amounts
specified in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Office of the Secretary
General Departmental Management
(including transfer of funds)
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, XX, and XXI of the Public Health Service Act, the
United States-Mexico Border Health Commission Act, and research studies
under section 1110 of the Social Security Act, $355,518,000, together
with $5,792,000 to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund, and $46,756,000
from the amounts available under section 241 of the Public Health
Service Act to carry out national health or human services research and
evaluation activities: Provided, That of the funds made available under
this heading for carrying out title XX of the Public Health Service Act,
$13,120,000 shall be for activities specified under section 2003(b)(2),
all of which shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of said title
XX: Provided further, <<NOTE: Deadline.>> 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
[[Page 121 STAT. 2183]]
mechanisms, medical and administrative services deemed necessary for
such adoptions: Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4): Provided further, That $4,138,000
shall be available for the projects and in the amounts specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Office of Medicare Hearings and Appeals
For expenses necessary for administrative law judges responsible for
hearing cases under title XVIII of the Social Security Act (and related
provisions of title XI of such Act), $65,000,000, to be transferred in
appropriate part from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds.
Office of the National Coordinator for Health Information Technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts and
cooperative agreements for the development and advancement of an
interoperable national health information technology infrastructure,
$42,402,000: Provided, That in addition to amounts provided herein,
$18,900,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out health information
technology network development.
Office of Inspector General
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$44,000,000: Provided, That of such amount, necessary sums are available
for providing protective services to the Secretary and investigating
non-payment of child support cases for which non-payment is a Federal
offense under 18 U.S.C. 228.
Office for Civil Rights
For expenses necessary for the Office for Civil Rights, $31,628,000,
together with not to exceed $3,281,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
Retirement Pay and Medical Benefits for Commissioned Officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. chapter 55), such amounts as may
be required during the current fiscal year.
[[Page 121 STAT. 2184]]
Public Health and Social Services Emergency Fund
For expenses necessary to support activities related to countering
potential biological, disease, nuclear, radiological and chemical
threats to civilian populations, and for other public health
emergencies, $666,087,000, of which not to exceed $21,804,000, to remain
available until September 30, 2009, is to pay the costs described in
section 319F-2(c)(7)(B) of the Public Health Service Act, and of which
$103,921,000 shall be used to support advanced research and development
of medical countermeasures, consistent with section 319L of the Public
Health Service Act.
For expenses necessary to prepare for and respond to an influenza
pandemic, $76,139,000.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary of Health and Human
Services.
Sec. 202. <<NOTE: Government employees. Children and youth. AIDS.>>
The Secretary shall make available through assignment not more than 60
employees of the Public Health Service to assist in child survival
activities and to work in AIDS programs through and with funds provided
by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual, through
a grant or other extramural mechanism, at a rate in excess of Executive
Level I.
Sec. 204. None of the funds appropriated in this title for Head
Start shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
Sec. 205. None of the funds appropriated in this Act may be expended
pursuant to section 241 of the Public Health Service Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in the Department of Health and
Human Services, prior to the preparation and submission of a report by
the Secretary of Health and Human Services to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary of Health and Human Services
shall determine, but not more than 2.4 percent, of any amounts
appropriated for programs authorized under such Act shall be made
available for the evaluation (directly, or by grants or contracts) of
the implementation and effectiveness of such programs.
(transfer of funds)
Sec. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Health and Human Services in this Act
[[Page 121 STAT. 2185]]
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, <<NOTE: Notification. Deadline.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 208. The Director of the National Institutes of Health, jointly
with the Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, <<NOTE: Notification. Deadline.>> That
the Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 209. Of the amounts made available in this Act for the National
Institutes of Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of the
National Institutes of Health and the Director of the Office of AIDS
Research, shall be made available to the ``Office of AIDS Research''
account. The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 211. Notwithstanding any other provision of law, no provider of
services under title X of the Public Health Service Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
Sec. 212. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary of Health and Human Services
denies participation in such program to an otherwise eligible entity
(including a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to such an
entity (based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
[[Page 121 STAT. 2186]]
Sec. 213. <<NOTE: Certification. Deadline. Tobacco and tobacco
products.>> (a) Except as provided by subsection (e) none of the funds
appropriated by this Act may be used to withhold substance abuse funding
from a State pursuant to section 1926 of the Public Health Service Act
(42 U.S.C. 300x-26) if such State certifies to the Secretary of Health
and Human Services by May 1, 2008, that the State will commit additional
State funds, in accordance with subsection (b), to ensure compliance
with State laws prohibiting the sale of tobacco products to individuals
under 18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses the
retailer compliance rate goal established by the Secretary of Health and
Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2008
for tobacco prevention programs and for compliance activities at a level
that is not less than the level of such expenditures maintained by the
State for fiscal year 2007, and adding to that level the additional
funds for tobacco compliance activities required under subsection
(a). <<NOTE: Reports. Deadline.>> The State is to submit a report to
the Secretary on all fiscal year 2007 State expenditures and all fiscal
year 2008 obligations for tobacco prevention and compliance activities
by program activity by July 31, 2008.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2008.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 of the Public
Health Service Act from a territory that receives less than $1,000,000.
Sec. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2008:
(1) The Secretary of Health and Human Services (in this
section referred to as the ``Secretary of HHS'') may exercise
authority equivalent to that available to the Secretary of State
in section 2(c) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2669(c)). The Secretary of HHS shall consult
with the Secretary of State and relevant Chief of Mission to
ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service
Act of 1980 (22 U.S.C. 3927) and other applicable statutes
administered by the Department of State.
(2) The Secretary of HHS is authorized to provide such funds
by advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of the Department of Health and Human
Services. The Department of State shall cooperate fully with the
Secretary of HHS to ensure that the Department of Health and
Human Services has secure, safe, functional facilities that
comply with applicable regulation governing location, setback,
and other facilities requirements and serve the purposes
established by this Act. The Secretary of HHS is
[[Page 121 STAT. 2187]]
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health (in this section
referred to as the ``Director of NIH'') may use funds available under
section 402(b)(7) or 402(b)(12) of the Public Health Service Act to
enter into transactions (other than contracts, cooperative agreements,
or grants) to carry out research identified pursuant to such section
402(b)(7) (pertaining to the Common Fund) or research and activities
described in such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director of the NIH may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. <<NOTE: Applicability.>> Such
procedures shall apply to such transactions in lieu of the peer review
and advisory council review procedures that would otherwise be required
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492,
and 494 of the Public Health Service Act.
Sec. 216. Funds which are available for Individual Learning Accounts
for employees of the Centers for Disease Control and Prevention
(``CDC'') and the Agency for Toxic Substances and Disease Registry
(``ATSDR'') may be transferred to ``Disease Control, Research, and
Training'', to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-time
equivalent employee while such employee is employed either by CDC or
ATSDR.
Sec. 217. <<NOTE: 42 USC 2940 note.>> Notwithstanding any other
provisions of law, funds made available in this Act may be used to
continue operating the Council on Graduate Medical Education established
by section 301 of Public Law 102-408.
Sec. 218. <<NOTE: Public information. Deadline.>> The Director of
the National Institutes of Health shall require that all investigators
funded by the NIH submit or have submitted for them to the National
Library of Medicine's PubMed Central an electronic version of their
final, peer-reviewed manuscripts upon acceptance for publication, to be
made publicly available no later than 12 months after the official date
of publication: Provided, That the NIH shall implement the public access
policy in a manner consistent with copyright law.
Sec. 219. <<NOTE: Grants. Delta Health Alliance.>> (a) The
Secretary of Health and Human Services is authorized to award a grant to
the Delta Health Alliance, a nonprofit alliance of academic institutions
in the Mississippi Delta region that has as its primary purposes
addressing longstanding, unmet health needs and catalyzing economic
development in the Mississippi Delta.
(b) To be eligible to receive a grant under subsection (a), the
Delta Health Alliance shall solicit and fund proposals from local
governments, hospitals, health care clinics, academic institutions, and
rural public health-related entities and organizations for research
development, educational programs, health care services,
[[Page 121 STAT. 2188]]
job training, and planning, construction, and equipment of public
health-related facilities in the Mississippi Delta region.
(c) With respect to the use of grant funds under this section for
construction or major alteration of property, the Federal interest in
the property involved shall last for a period of 1 year following the
completion of the project or until such time that the Federal Government
is compensated for its proportionate interest in the property if the
property use changes or the property is transferred or sold, whichever
time period is less. At the conclusion of such period, the Notice of
Federal Interest in such property shall be removed.
(d) There are authorized to be appropriated such sums as may be
necessary to carry out this section in fiscal year 2008 and in each of
the five succeeding fiscal years.
Sec. 220. Not to exceed $35,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $2,500,000 per project.
(transfer of funds)
Sec. 221. Of the amounts made available in this Act for the National
Institutes of Health, 1 percent of the amount made available for
National Research Service Awards (NRSA) shall be made available to the
Administrator of the Health Resources and Services Administration to
make NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts under
section 747 of the Public Health Service Act, and 1 percent of the
amount made available for NRSA shall be made available to the Director
of the Agency for Healthcare Research and Quality to make NRSA awards
for health service research.
Sec. 222. None of the funds made available in this Act may be used--
(1) for the Ombudsman Program of the Centers for Disease
Control and Prevention; and
(2) by the Centers for Disease Control and Prevention to
provide additional rotating pastel lights, zero-gravity chairs,
or dry-heat saunas for its fitness center.
Sec. 223. <<NOTE: 42 USC 3514a.>> 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, <<NOTE: Notification. Deadline.>> 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.
[[Page 121 STAT. 2189]]
(rescission of funds)
Sec. 224. Of the funds available within the Health Professions
Student Loan program authorized in subpart II, Federally-Supported
Student Loan Funds, of title VII of the Public Health Service Act,
$15,000,000 are rescinded.
Sec. 225. (a) Continuation of Availability of Permitted Number of
Medical Residency Positions Under the Medicare Program.--Section
1886(h)(4)(H) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)) is
amended by adding at the end the following:
``(v) Special provider agreement.--If an
entity enters into a provider agreement pursuant
to section 1866(a) to provide hospital services on
the same physical site previously used by Medicare
Provider No. 05-0578--
``(I) the limitation on the number
of total full time equivalent residents
under subparagraph (F) and clauses (v)
and (vi)(I) of subsection (d)(5)(B)
applicable to such provider shall be
equal to the limitation applicable under
such provisions to Provider No. 05-0578
for its cost reporting period ending on
June 30, 2006; and
``(II) the provisions of
subparagraph (G) and subsection
(d)(5)(B)(vi)(II) shall not be
applicable to such provider for the
first three cost reporting years in
which such provider trains residents
under any approved medical residency
training program.''.
(b) Technical Correction of Section 422 of MMA.--
(1) In general.--Section 1886(h)(7) of the Social Security
Act (42 U.S.C. 1395ww(h)(7)) is amended--
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) <<NOTE: Applicability.>> Adjustment based on
settled cost report.--In the case of a hospital with a
dual accredited osteopathic and allopathic family
practice program for which--
``(i) the otherwise applicable resident limit
was reduced under subparagraph (A)(i)(I); and
``(ii) such reduction was based on a reference
resident level that was determined using a cost
report and where a revised or corrected notice of
program reimbursement was issued for such cost
report between September 1, 2006 and September 15,
2006, whether as a result of an appeal or
otherwise, and the reference resident level under
such settled cost report is higher than the level
used for the reduction under subparagraph
(A)(i)(I);
the Secretary shall apply subparagraph (A)(i)(I) using
the higher resident reference level and make any
necessary adjustments to such reduction. Any such
necessary adjustments shall be effective for portions of
cost reporting periods occurring on or after July 1,
2005.''.
(2) <<NOTE: 42 USC 1395ww note.>> Effective date.--Subject
to paragraph (3), the amendments made by paragraph (1) shall
take effect as if included
[[Page 121 STAT. 2190]]
in the enactment of section 422 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law
108-173).
(c) Offsetting Costs.--
(1) In general.--The amount of funds available to the
Physician Assistance and Quality Initiative Fund for
expenditures--
(A) under the first sentence of section
1848(l)(2)(A) of the Social Security Act (42 U.S.C.
1395w-4(l)(2)(A)) is reduced by $500,000; and
(B) under the first amount in the second sentence of
such section is reduced by $24,500,000.
(2) Conforming amendments.--Section 1848(l)(2)(A) of the
Social Security Act (42 U.S.C. 1395w-4(l)(2)(A)) is amended--
(A) in the first sentence, by inserting after
``$1,350,000,000'' the following: ``, as reduced by
section 524 and section 225(c)(1)(A) of the Departments
of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2008 (division G of
the Consolidated Appropriations Act, 2008)''; and
(B) in the second sentence, by inserting after
``$325,000,000'' the following: ``, as reduced by
section 225(c)(1)(B) of such Act,''.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2008''.
TITLE <<NOTE: Department of Education Appropriations Act, 2008.>> III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $15,755,083,000, of which $7,639,035,000 shall become available on
July 1, 2008, and shall remain available through September 30, 2009, and
of which $7,934,756,000 shall become available on October 1, 2008, and
shall remain available through September 30, 2009, for academic year
2008-2009: Provided, That $6,835,271,000 shall be for basic grants under
section 1124: Provided further, That up to $4,000,000 of these funds
shall be available to the Secretary of Education on October 1, 2007, to
obtain annually updated local educational-agency-level census poverty
data from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be for concentration grants under section 1124A:
Provided further, That $2,967,949,000 shall be for targeted grants under
section 1125: Provided further, That $2,967,949,000 shall be for
education finance incentive grants under section 1125A: Provided
further, That $9,330,000 shall be to carry out sections 1501 and 1503:
Provided further, That $1,634,000 shall be available for a comprehensive
school reform clearinghouse.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,262,778,000, of which $1,125,192,000
shall be for basic support payments under section
[[Page 121 STAT. 2191]]
8003(b), $49,466,000 shall be for payments for children with
disabilities under section 8003(d), $17,820,000 shall be for
construction under section 8007(b) and shall remain available through
September 30, 2009, $65,350,000 shall be for Federal property payments
under section 8002, and $4,950,000, to remain available until expended,
shall be for facilities maintenance under section 8008: Provided, That
for purposes of computing the amount of a payment for an eligible local
educational agency under section 8003(a) for school year 2007-2008,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 8003(a)(1)(B) of such Act, but due to
the deployment of both parents or legal guardians, or a parent or legal
guardian having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long as such
children reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the same
local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by title
II, part B of title IV, subparts 6 and 9 of part D of title V, parts A
and B of title VI, and parts B and C of title VII of the Elementary and
Secondary Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical Assistance Act
of 2002; the Compact of Free Association Amendments Act of 2003; and the
Civil Rights Act of 1964, $5,383,119,000, of which $3,763,355,000 shall
become available on July 1, 2008, and remain available through September
30, 2009, and of which $1,435,000,000 shall become available on October
1, 2008, and shall remain available through September 30, 2009, for
academic year 2008-2009: Provided, That funds made available to carry
out part B of title VII of the ESEA may be used for construction,
renovation and modernization of any elementary school, secondary school,
or structure related to an elementary school or secondary school, run by
the Department of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further, That from
the funds referred to in the preceding proviso, not less than $1,250,000
shall be for a grant to the Department of Education of the State of
Hawaii for the activities described in such proviso, and $1,250,000
shall be for a grant to the University of Hawaii School of Law for a
Center of Excellence in Native Hawaiian law: Provided further, That
funds made available to carry out part C of title VII of the ESEA may be
used for construction: Provided further, That up to 100 percent of the
funds available to a State educational agency under part D of title II
of the ESEA may be used for subgrants described in section 2412(a)(2)(B)
of such Act: Provided further, That $58,129,000 shall be available to
carry out section 203 of the Educational Technical Assistance Act of
2002: Provided further, That $33,707,000 shall be available to carry out
part D of title V of the ESEA: Provided further, That no funds
appropriated under this heading may be used to carry out section 5494
under the ESEA: Provided further, That $18,001,000 shall be available
[[Page 121 STAT. 2192]]
to carry out the Supplemental Education Grants program for the Federated
States of Micronesia and the Republic of the Marshall Islands: Provided
further, That up to 5 percent of these amounts may be reserved by the
Federated States of Micronesia and the Republic of the Marshall Islands
to administer the Supplemental Education Grants programs and to obtain
technical assistance, oversight and consultancy services in the
administration of these grants and to reimburse the United States
Departments of Labor, Health and Human Services, and Education for such
services: Provided further, That $2,400,000 of the funds available for
the Foreign Language Assistance Program shall be available for 5-year
grants to local educational agencies that would work in partnership with
one or more institutions of higher education to establish or expand
articulated programs of study in languages critical to United States
national security that will enable successful students to advance from
elementary school through college to achieve a superior level of
proficiency in those languages.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $121,690,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I, subpart
5 of part A and parts C and D of title II, parts B, C, and D of title V,
and section 1504 of the Elementary and Secondary Education Act of 1965
(``ESEA''), $1,003,040,000: Provided, That $9,821,000 shall be provided
to the National Board for Professional Teaching Standards to carry out
section 2151(c) of the ESEA: Provided further, That from funds for
subpart 4, part C of title II, up to 3 percent shall be available to the
Secretary for technical assistance and dissemination of information:
Provided further, That $357,059,000 shall be available to carry out part
D of title V of the ESEA: Provided further, That $100,573,000 of the
funds for subpart 1, part D of title V of the ESEA shall be available
for the projects and in the amounts specified in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That $99,000,000 of the funds
for subpart 1 shall be for competitive grants to local educational
agencies, including charter schools that are local educational agencies,
or States, or partnerships of: (1) a local educational agency, a State,
or both; and (2) at least one non-profit organization to develop and
implement performance-based teacher and principal compensation systems
in high-need schools: Provided further, That such performance-based
compensation systems must consider gains in student academic achievement
as well as classroom evaluations conducted multiple times during each
school year among other factors and provide educators with incentives to
take on additional responsibilities and leadership roles: Provided
further, That up to 5 percent of such funds for competitive grants shall
be available for technical assistance, training, peer review of
applications, program outreach and evaluation activities: Provided
further, That of the funds available for part B of title V, the
Secretary shall use up to $24,783,000 to carry out activities under
section 5205(b) and under subpart 2, and shall use not less than
[[Page 121 STAT. 2193]]
$190,000,000 to carry out other activities authorized under subpart 1.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part C of
title II, part A of title IV, and subparts 2, 3, and 10 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), $705,733,000, of which $300,000,000 shall become available
on July 1, 2008, and remain available through September 30, 2009:
Provided, That $300,000,000 shall be available for subpart 1 of part A
of title IV and $222,519,000 shall be available for subpart 2 of part A
of title IV, of which not less than $1,500,000, to remain available
until expended, shall be for the Project School Emergency Response to
Violence (``Project SERV'') program to provide education-related
services to local educational agencies and to institutions of higher
education in which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That Project SERV funds
appropriated in previous fiscal years may be used to provide services to
local educational agencies and to institutions of higher education in
which the learning environment has been disrupted due to a violent or
traumatic crisis: Provided further, That $150,729,000 shall be available
to carry out part D of title V of the ESEA: Provided further, That of
the funds available to carry out subpart 3 of part C of title II, up to
$12,072,000 may be used to carry out section 2345 and $2,950,000 shall
be used by the Center for Civic Education to implement a comprehensive
program to improve public knowledge, understanding, and support of the
Congress and the State legislatures.
English Language Acquisition
For carrying out part A of title III of the Elementary and Secondary
Education Act of 1965, $712,848,000, which shall become available on
July 1, 2008, and shall remain available through September 30, 2009,
except that 6.5 percent of such amount shall be available on October 1,
2007, and shall remain available through September 30, 2009, to carry
out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
$12,181,473,000, of which $5,084,406,000 shall become available on July
1, 2008, and shall remain available through September 30, 2009, and of
which $6,856,444,000 shall become available on October 1, 2008, and
shall remain available through September 30, 2009, for academic year
2008-2009: Provided, That $13,000,000 shall be for Recording for the
Blind and Dyslexic, Inc., to support activities under section
674(c)(1)(D) of the IDEA: Provided further, That $1,500,000 shall be for
the recipient of funds provided by Public Law 105-78 under section
687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the
Individuals with Disabilities Education Improvement Act of 2004) to
provide information on diagnosis, intervention, and teaching strategies
for children with disabilities: Provided further, That the amount for
[[Page 121 STAT. 2194]]
section 611(b)(2) of the IDEA shall be equal to the lesser of the amount
available for that activity during fiscal year 2007, increased by the
amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or
the percentage increase in the funds appropriated under section 611(i)
of the IDEA: Provided further, That nothing in section 674(e) of the
IDEA shall be construed to establish a private right of action against
the National Instructional Materials Access Center for failure to
perform the duties of such center or otherwise authorize a private right
of action related to the performance of such center: Provided further,
That $7,500,000 shall be available to support the 2009 Special Olympics
World Winter Games.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,283,929,000, of which
$1,000,000 shall be awarded to the American Academy of Orthotists and
Prosthetists for activities that further the purposes of the grant
received by the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and prosthetic
provider services and improve patient care: Provided, That $3,155,000 of
the funds for section 303 of the Rehabilitation Act of 1973 shall be
available for the projects and in the amounts specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $22,000,000.
National Technical Institute for the Deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $60,757,000, of which
$1,705,000 shall be for construction and shall remain available until
expended: Provided, That from the total amount available, the Institute
may at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
Gallaudet University
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$115,400,000: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006, the Adult Education
and Family Literacy Act, subpart 4 of part D of title V of the
Elementary and Secondary Education Act of 1965 (``ESEA'') and title
VIII-D of the Higher Education Amendments
[[Page 121 STAT. 2195]]
of 1998, $1,976,166,000, of which $4,077,000 shall become available on
October 1, 2007 and remain available until September 30, 2009, of which
$1,181,089,000 shall become available on July 1, 2008, and shall remain
available through September 30, 2009, and of which $791,000,000 shall
become available on October 1, 2008, and shall remain available through
September 30, 2009: Provided, That of the amount provided for Adult
Education State Grants, $67,896,000 shall be made available for
integrated English literacy and civics education services to immigrants
and other limited English proficient populations: Provided further, That
of the amount reserved for integrated English literacy and civics
education, notwithstanding section 211 of the Adult Education and Family
Literacy Act, 65 percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share of a 10-
year average of the United States Citizenship and Immigration Services
data for immigrants admitted for legal permanent residence for the 10
most recent years, and 35 percent allocated to States that experienced
growth as measured by the average of the 3 most recent years for which
United States Citizenship and Immigration Services data for immigrants
admitted for legal permanent residence are available, except that no
State shall be allocated an amount less than $60,000: Provided further,
That of the amounts made available for the Adult Education and Family
Literacy Act, $7,000,000 shall be for national leadership activities
under section 243 and $6,583,000 shall be for the National Institute for
Literacy under section 242: Provided further, That $81,532,000 shall be
available to support the activities authorized under subpart 4 of part D
of title V of the ESEA, of which up to 5 percent shall become available
October 1, 2007, and shall remain available through September 30, 2009,
for evaluation, technical assistance, school networks, peer review of
applications, and program outreach activities, and of which not less
than 95 percent shall become available on July 1, 2008, and remain
available through September 30, 2009, for grants to local educational
agencies: Provided further, That funds made available to local
educational agencies under this subpart shall be used only for
activities related to establishing smaller learning communities within
large high schools or small high schools that provide alternatives for
students enrolled in large high schools.
Student Financial Assistance
(including rescission)
For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, $16,114,317,000, which
shall remain available through September 30, 2009.
The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
student shall be eligible during award year 2008-2009 shall be $4,241.
Of the unobligated funds available under section 401A(e)(1)(C) of
the Higher Education Act of 1965, $525,000,000 are rescinded.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, and 4 of part A, and parts B, C, D,
[[Page 121 STAT. 2196]]
and E of title IV of the Higher Education Act of 1965, $708,216,000,
which shall remain available until expended.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''),
section 1543 of the Higher Education Amendments of 1992, the Mutual
Educational and Cultural Exchange Act of 1961, title VIII of the Higher
Education Amendments of 1998, part I of subtitle A of title VI of the
America COMPETES Act, and section 117 of the Carl D. Perkins Career and
Technical Education Act of 2006, $2,057,801,000: Provided, That
$9,699,000, to remain available through September 30, 2009, shall be
available to fund fellowships for academic year 2009-2010 under subpart
1 of part A of title VII of the HEA, under the terms and conditions of
such subpart 1: Provided further, That $620,000 is for data collection
and evaluation activities for programs under the HEA, including such
activities needed to comply with the Government Performance and Results
Act of 1993: Provided further, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemination
activities: Provided further, That the funds provided for title II of
the HEA shall be allocated notwithstanding section 210 of such Act:
Provided further, That $100,668,000 of the funds for part B of title VII
of the Higher Education Act of 1965 shall be available for the projects
and in the amounts specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Howard University
For partial support of Howard University, $237,392,000, of which not
less than $3,526,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act (Public Law 98-480) and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the Higher
Education Act of 1965, $481,000.
Historically Black College and University Capital Financing Program
Account
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into
[[Page 121 STAT. 2197]]
pursuant to part D of title III of the Higher Education Act of 1965,
$188,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $555,815,000, of which $293,155,000 shall be available
until September 30, 2009: Provided, That of the amount available to
carry out section 208 of the Educational Technical Assistance Act, up to
$5,000,000 may be used for State data coordinators and for awards to
entities, including entities other than States, to improve data
coordination.
Departmental Management
Program Administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $418,587,000, of which $2,100,000, to remain available until
expended, shall be for building alterations and related expenses for the
move of Department staff to the Mary E. Switzer building in Washington,
DC.
Office for Civil Rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $91,205,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $51,753,000.
General Provisions
Sec. 301. <<NOTE: Racial desegregation.>> No funds appropriated in
this Act may be used for the transportation of students or teachers (or
for the purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to carry out a plan of racial
desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade
[[Page 121 STAT. 2198]]
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in the
public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall be
available only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which no funds
are provided in this Act: Provided
further, <<NOTE: Notification. Deadline.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 305. None of the funds made available in this Act may be used
to promulgate, implement, or enforce any revision to the regulations in
effect under section 496 of the Higher Education Act of 1965 on June 1,
2007, until legislation specifically requiring such revision is enacted.
Sec. 306. <<NOTE: Deadlines. 20 USC 3490. Procedures.>> (a)
Maintenance of Integrity and Ethical Values Within Department of
Education.--Within 60 days after the enactment of this Act, the
Secretary of Education shall implement procedures--
(1) to assess whether a covered individual or entity has a
potential financial interest in, or impaired objectivity
towards, a product or service purchased with, or guaranteed or
insured by, funds administered by the Department of Education or
a contracted entity of the Department; and
(2) to disclose the existence of any such potential
financial interest or impaired objectivity.
(b) Review by Inspector General.--
(1) Within 60 days after the implementation of the
procedures described in subsection (a), the Inspector General of
the Department of Education shall report to the Committees on
Appropriations of the House of Representatives and the Senate on
the adequacy of such procedures.
(2) Within 1 year, the Inspector General shall conduct at
least 1 review to ensure that such procedures are properly
implemented and are effective to uncover and disclose the
existence of potential financial interests or impaired
objectivity described in subsection (a).
(3) <<NOTE: Reports.>> The Inspector General shall report
to such Committees any recommendations for modifications to such
procedures that the Inspector General determines are necessary
to uncover and disclose the existence of such potential
financial interests or impaired objectivity.
(c) Definition.--For purposes of this section, the term ``covered
individual or entity'' means--
(1) an officer or professional employee of the Department of
Education;
(2) a contractor or subcontractor of the Department, or an
individual hired by the contracted entity;
[[Page 121 STAT. 2199]]
(3) a member of a peer review panel of the Department; or
(4) a consultant or advisor to the Department.
Sec. 307. (a) Notwithstanding section 8013(9)(B) of the Elementary
and Secondary Education Act of 1965, North Chicago Community Unit School
District 187, North Shore District 112, and Township High School
District 113 in Lake County, Illinois, and Glenview Public School
District 34 and Glenbrook High School District 225 in Cook County,
Illinois, shall be considered local educational agencies as such term is
used in and for purposes of title VIII of such Act for fiscal years 2008
and 2009.
(b) Notwithstanding any other provision of law, federally connected
children (as determined under section 8003(a) of the Elementary and
Secondary Education Act of 1965) who are in attendance in the North
Shore District 112, Township High School District 113, Glenview Public
School District 34, and Glenbrook High School District 225 described in
subsection (a), shall be considered to be in attendance in the North
Chicago Community Unit School District 187 described in subsection (a)
for purposes of computing the amount that the North Chicago Community
Unit School District 187 is eligible to receive under subsection (b) or
(d) of such section for fiscal years 2008 and 2009 if--
(1) such school districts have entered into an agreement for
such students to be so considered and for the equitable
apportionment among all such school districts of any amount
received by the North Chicago Community Unit School District 187
under such section; and
(2) any amount apportioned among all such school districts
pursuant to paragraph (1) is used by such school districts only
for the direct provision of educational services.
Sec. 308. Prior to January 1, 2008, the Secretary of Education may
not terminate any voluntary flexible agreement under section 428A of the
Higher Education Act of 1965 that existed on October 1, 2007. With
respect to an entity with which the Secretary of Education had a
voluntary flexible agreement under section 428A of the Higher Education
Act of 1965 on October 1, 2007 that is not cost neutral, if the
Secretary terminates such agreement on or after January 1, 2008, the
Secretary of Education shall, not later than March 31, 2008, negotiate
to enter, and enter, into a new voluntary flexible agreement with such
entity so that the agreement is cost neutral, unless such entity does
not want to enter into such agreement.
Sec. 309. Notwithstanding section 102(a)(4)(A) of the Higher
Education Act of 1965, the Secretary of Education shall not take into
account a bankruptcy petition filed in the United States Bankruptcy
Court for the Northern District of New York on February 21, 2001, in
determining whether a nonprofit educational institution that is a
subsidiary of an entity that filed such petition meets the definition of
an ``institution of higher education'' under section 102 of that Act.
(rescission of funds)
Sec. 310. Of the unobligated balances available under the Federal
Direct Student Loan Program Administration authorized by section 458 of
the Higher Education Act and the Higher Education Reconciliation Act of
2005, $25,000,000 are rescinded.
Sec. 311. The Secretary of Education shall--
[[Page 121 STAT. 2200]]
(1) deem each local educational agency that received a
fiscal year 2007 basic support payment for heavily impacted
local educational agencies under section 8003(b)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)) as eligible to receive a fiscal year 2008 basic
support payment for heavily impacted local educational agencies
under such section; and
(2) make a payment to such local educational agency under
such section for fiscal year 2008.
This title may be cited as the ``Department of Education
Appropriations Act, 2008''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
Salaries and Expenses
For expenses necessary of the Committee for Purchase From People Who
Are Blind or Severely Disabled established by Public Law 92-28,
$4,994,000.
Corporation for National and Community Service
operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service to carry out the Domestic Volunteer Service Act of
1973 (``1973 Act'') and the National and Community Service Act of 1990
(``1990 Act''), $796,662,000, of which $313,054,000 is to carry out the
1973 Act and $483,608,000 is to carry out the 1990 Act: Provided, That
$24,205,000 of the amount provided under this heading shall remain
available until September 30, 2009 to carry out subtitle E of the 1990
Act: Provided further, That up to 1 percent of program grant funds may
be used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle: Provided further, That none of the funds made
available under this heading for activities authorized by section 122
and part E of title II of the 1973 Act shall be used to provide stipends
or other monetary incentives to program participants or volunteer
leaders whose incomes exceed the income guidelines in subsections 211(e)
and 213(b) of the 1973 Act: Provided further, That notwithstanding
subtitle H of title I of the 1990 Act, none of the funds provided for
quality and innovation activities shall be used to support salaries and
related expenses (including travel) attributable to Corporation for
National and Community Service employees: Provided further, <<NOTE: 42
USC 12601a.>> 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
[[Page 121 STAT. 2201]]
under subtitle C of title I of the 1990 Act during such fiscal year may
be transferred to the National Service Trust after notice is transmitted
to Congress, if such funds are initially obligated before the expiration
of their period of availability as provided in this Act: Provided
further, That of the amounts provided under this heading: (1) not less
than $124,718,000, to remain available until expended, to be transferred
to the National Service Trust for educational awards authorized under
subtitle D of title I of the 1990 Act: Provided further, That in
addition to these funds, the Corporation may transfer funds from the
amount provided for AmeriCorps grants under the National Service Trust
Program, to the National Service Trust authorized under subtitle D of
title I of the 1990 Act, upon determination that such transfer is
necessary to support the activities of national service participants and
after notice is transmitted to the Congress; (2) not more than
$55,000,000 of funding provided for grants under the National Service
Trust program authorized under subtitle C of title I of the 1990 Act may
be used to administer, reimburse, or support any national service
program authorized under section 129(d)(2) of such Act; (3) $12,000,000
shall be to provide assistance to State commissions on national and
community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(4) of the 1990 Act; and (4) not less than
$5,000,000 shall be for the acquisition, renovation, equipping and
startup costs for a campus located in Vinton, Iowa and a campus in
Vicksburg, Mississippi to carry out subtitle E of title I of the 1990
Act.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under section
501(a)(4) of the National and Community Service Act of 1990 and under
section 504(a) of the Domestic Volunteer Service Act of 1973, including
payment of salaries, authorized travel, hire of passenger motor
vehicles, the rental of conference rooms in the District of Columbia,
the employment of experts and consultants authorized under 5 U.S.C.
3109, and not to exceed $2,500 for official reception and representation
expenses, $68,964,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,932,000.
ADMINISTRATIVE PROVISIONS
Sec. 401. Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service education
awards shall mean any loan determined by an institution of higher
education to be necessary to cover a student's cost of attendance at
such institution and made, insured, or guaranteed directly to a student
by a State agency, in addition to other meanings under section 148(b)(7)
of the National and Community Service Act.
Sec. 402. Notwithstanding any other provision of law, funds made
available under section 129(d)(5)(B) of the National and Community
Service Act of 1990 to assist entities in placing applicants who are
individuals with disabilities may be provided to any entity that
receives a grant under section 121 of the Act.
[[Page 121 STAT. 2202]]
Sec. 403. <<NOTE: Notice.>> The Corporation for National and
Community Service shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2008, during any grant selection
process, an officer or employee of the Corporation shall not knowingly
disclose any covered grant selection information regarding such
selection, directly or indirectly, to any person other than an officer
or employee of the Corporation that is authorized by the Corporation to
receive such information.
Sec. 404. Professional Corps programs described in section 122(a)(8)
of the National and Community Service Act of 1990 may apply to the
Corporation for a waiver of application of section 140(c)(2).
Sec. 405. Notwithstanding section 1342 of title 31, United States
Code, the Corporation may solicit and accept the services of
organizations and individuals (other than participants) to assist the
Corporation in carrying out the duties of the Corporation under the
national service laws: Provided, That an individual who provides
services under this section shall be subject to the same protections and
limitations as volunteers under section 196(a) of the National and
Community Service Act of 1990.
Sec. 406. Organizations operating projects under the AmeriCorps
Education Awards Program shall do so without regard to the requirements
of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the
National and Community Service Act of 1990.
Sec. 407. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement of
24 percent for the first three years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share requirement
as provided in section 2521.60 of title 45, Code of Federal Regulations,
without regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in section 140 of
the National and Community Service Act of 1990, and subject to partial
waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 408. Notwithstanding any other provision of law, formula-based
grants to States and territories under section 129(a)(1)-(2) of the 1990
Act to operate AmeriCorps programs may be made if the application
describes proposed positions into which participants will be placed, the
proposed minimum qualifications of such participants, and an assurance
that the State will select national service programs for subgrants on a
competitive basis, and an assurance that the aforementioned information
will be provided for each subgrant awarded prior to the execution of
such subgrants.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2010, $420,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available
[[Page 121 STAT. 2203]]
or used to aid or support any program or activity from which any person
is excluded, or is denied benefits, or is discriminated against, on the
basis of race, color, national origin, religion, or sex: Provided
further, That no funds made available to the Corporation for Public
Broadcasting by this Act shall be used to apply any political test or
qualification in selecting, appointing, promoting, or taking any other
personnel action with respect to officers, agents, and employees of the
Corporation: Provided further, That for fiscal year 2008, in addition to
the amounts provided above, $29,700,000 shall be for costs related to
digital program production, development, and distribution, associated
with the transition of public broadcasting to digital broadcasting, to
be awarded as determined by the Corporation in consultation with public
radio and television licensees or permittees, or their designated
representatives: Provided further, That for fiscal year 2008, in
addition to the amounts provided above, $26,750,000 is available
pursuant to section 396(k)(10) of the Communications Act of 1934 for
replacement and upgrade of the public radio interconnection system:
Provided further, That none of the funds made available to the
Corporation for Public Broadcasting by this Act, the Continuing
Appropriations Resolution, 2007 (Public Law 110-5), or the Departments
of Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2006 (Public Law 109-149), shall be used to support
the Television Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
Salaries and Expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947, including hire of passenger motor vehicles; for
expenses necessary for the Labor-Management Cooperation Act of 1978; and
for expenses necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95-454, $43,800,000:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided
to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to accept and
use on behalf of the United States gifts of services and real, personal,
or other property in the aid of any projects or functions within the
Director's jurisdiction.
Federal Mine Safety and Health Review Commission
Salaries and Expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $8,096,000.
[[Page 121 STAT. 2204]]
Institute of Museum and Library Services
Office of Museum and Library Services: Grants and Administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$268,193,000, of which $18,610,000 shall be available for library,
museum and related projects and in the amounts specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That funds may be made
available for support through inter-agency agreement or grant to
commemorative Federal commissions that support museum and library
activities, in partnership with libraries and museums that are eligible
for funding under programs carried out by the Institute of Museum and
Library Services.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $10,748,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
Salaries and Expenses
For close out activities of the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-345, as amended), $400,000.
National Council on Disability
Salaries and Expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,113,000.
National Labor Relations Board
Salaries and Expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $256,238,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
[[Page 121 STAT. 2205]]
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$12,911,000.
Occupational Safety and Health Review Commission
Salaries and Expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $10,696,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $79,000,000, which
shall include amounts becoming available in fiscal year 2008 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
Federal Payments to the Railroad Retirement Accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2009, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
Limitation on Administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $103,694,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
Limitation on the Office of Inspector General
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $7,173,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account: Provided, That none of the funds made available in
any other paragraph of this Act may be transferred to the Office; used
to carry out any such transfer; used to provide any office space,
equipment, office supplies, communications facilities or services,
maintenance services, or administrative
[[Page 121 STAT. 2206]]
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, <<NOTE: 45 USC 231f
note.>> That funds made available under the heading in this Act, or
subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts, may be used for any
audit, investigation, or review of the Medicare Program.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security
Act, $28,140,000.
Supplemental Security Income Program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$27,000,191,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2009, $14,800,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $15,000 for official reception and
representation expenses, not more than $9,781,842,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $2,000,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2008 not needed for fiscal year 2008
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to section 7131 of title 5, United States Code, and for
facilities or support services for labor organizations
[[Page 121 STAT. 2207]]
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
In addition, $135,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2008
exceed $135,000,000, the amounts shall be available in fiscal year 2009
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act (Public
Law 108-203), which shall remain available until expended.
Office of Inspector General
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$26,451,000, together with not to exceed $67,098,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, <<NOTE: Notification.>> That
notice of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate.
TITLE V
GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Lobbying.>> (a) No part of any appropriation
contained in this Act shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, radio, television, or video
presentation designed to support or defeat legislation pending before
the Congress or any State legislature, except in presentation to the
Congress or any State legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract
[[Page 121 STAT. 2208]]
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before the
Congress or any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and expenses''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and expenses''.
Sec. 505. <<NOTE: Needle exchange.>> Notwithstanding any other
provision of this Act, no funds appropriated in this Act shall be used
to carry out any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
Sec. 506. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. <<NOTE: Abortion.>> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 508. <<NOTE: Abortion.>> (a) The limitations established in
the preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
[[Page 121 STAT. 2209]]
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 509. (a) <<NOTE: Human embryos.>> None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 510. <<NOTE: Drugs and drug abuse.>> (a) None of the funds
made available in this Act may be used for any activity that promotes
the legalization of any drug or other substance included in schedule I
of the schedules of controlled substances established under section 202
of the Controlled Substances Act (21 U.S.C. 812) except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
Sec. 512. <<NOTE: Contracts.>> None of the funds made available in
this Act may be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
[[Page 121 STAT. 2210]]
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 513. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 514. None of the funds made available by this Act to carry out
the Library Services and Technology Act may be made available to any
library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 515. None of the funds made available by this Act to carry out
part D of title II of the Elementary and Secondary Education Act of 1965
may be made available to any elementary or secondary school covered by
paragraph (1) of section 2441(a) of such Act, as amended by the
Children's Internet Protection Act and the No Child Left Behind Act,
unless the local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2) of such
section.
Sec. 516. <<NOTE: Notification. Deadline.>> (a) None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2008, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
[[Page 121 STAT. 2211]]
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
Sec. 517. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal scientific
advisory committee disclose the political affiliation or voting history
of the candidate or the position that the candidate holds with respect
to political issues not directly related to and necessary for the work
of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate scientific information that is deliberately false or
misleading.
Sec. 518. <<NOTE: Deadline. Operating plan.>> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2008
that are different than those specified in this Act, the accompanying
detailed table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), or the fiscal
year 2008 budget request.
Sec. 519. None of the funds made available by this Act may be used
to carry out the evaluation of the Upward Bound Program described in the
absolute priority for Upward Bound Program participant selection and
evaluation published by the Department of Education in the Federal
Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.).
Sec. 520. None of the funds in this Act may be used to employ
workers described in section 274A(h)(3) of the Immigration and
Nationality Act.
Sec. 521. <<NOTE: Reports.>> 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. <<NOTE: Deadline.>> Such report
shall be transmitted to the Committees within 30 days after the end of
the quarter for which the report is submitted.
Sec. 522. <<NOTE: Deadline. Websites. 5 USC app. 6 note.>> Not
later than 30 days after the date of enactment of this Act, the
Departments, agencies, and commissions funded under this Act, shall
establish and maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General website
by which individuals may anonymously report cases of waste,
fraud, or abuse with respect to those Departments, agencies, and
commissions.
Sec. 523. <<NOTE: Contracts. Certification.>> None of the funds
appropriated or otherwise made available by this Act may be used to
enter into a contract in
[[Page 121 STAT. 2212]]
an amount greater than $5,000,000 or to award a grant in excess of such
amount unless the prospective contractor or grantee certifies in writing
to the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal Revenue
Code of 1986, and has not, more than 90 days prior to certification,
been notified of any unpaid Federal tax assessment for which the
liability remains unsatisfied, unless the assessment is the subject of
an installment agreement or offer in compromise that has been approved
by the Internal Revenue Service and is not in default, or the assessment
is the subject of a non-frivolous administrative or judicial proceeding.
Sec. 524. Section 1848(l)(2)(A) of the Social Security Act, as
amended by section 6 of the TMA, Abstinence Education, and QI Programs
Extension Act of 2007 (Public Law 110-90), <<NOTE: 42 USC 1395w-4.>> is
amended by reducing the dollar amount in the first sentence by
$150,000,000.
Sec. 525. <<NOTE: Refugees.>> Iraqi and Afghan aliens granted
special immigrant status under section 101(a)(27) of the Immigration and
Nationality Act shall be eligible for resettlement assistance,
entitlement programs, and other benefits available to refugees admitted
under section 207 of such Act for a period not to exceed 6 months.
Sec. 526. <<NOTE: Mexico.>> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 527. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process claims for credit for quarters
of coverage based on work performed under a social security account
number that was not the claimant's number which is an offense prohibited
under section 208 of the Social Security Act.
Sec. 528. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 1.747 percent of the fiscal year 2008
budget authority--
(1) provided for any discretionary account of this Act; and
(2) provided in any advance appropriation for fiscal year
2008 for any discretionary account of this Act made available by
any prior fiscal year appropriation Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act, accompanying reports, or
explanatory statement for fiscal year 2008 covering such account
or item, or for accounts and items not included in
[[Page 121 STAT. 2213]]
appropriation Acts, as delineated in the most recently submitted
President's budget).
(c) Exceptions.--This section shall not apply--
(1) to discretionary budget authority that has been
designated as described in section 5 (in the matter preceding
division A of this consolidated Act); or
(2) to discretionary budget authority made available under
title III under the Student Financial Assistance account for the
Federal Pell Grants program.
(d) OMB Report.--Within 30 days after the date of the enactment of
this section the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.
TITLE <<NOTE: Kids in Disasters Well-being, Safety, and Health Act of
2007.>> VI
NATIONAL COMMISSION ON CHILDREN AND DISASTERS
SECTION 601. SHORT TITLE.
This title may be cited as the ``Kids in Disasters Well-being,
Safety, and Health Act of 2007''.
SEC. 602. DEFINITIONS.
In this title:
(1) All hazards.--The term ``all hazards'' has the meaning
given the term ``hazard'' under section 602(a)(1) of the Robert
T. Stafford Disaster Relief and Assistance Act (42 U.S.C.
5195a), and includes natural disasters, acts of terrorism, and
other man-made disasters.
(2) Child; children.--The terms ``child'' and ``children''
mean an individual or individuals, respectively, who have not
attained 18 years of age.
(3) Emergency.--The term ``emergency'' has the meaning given
such term under section 102(1) of the Robert T. Stafford
Disaster Relief and Assistance Act (42 U.S.C. 5122(1)).
(4) Major disaster.--The term ``major disaster'' has the
meaning given such term under section 102(2) of the Robert T.
Stafford Disaster Relief and Assistance Act (42 U.S.C. 5122(2)).
SEC. 603. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Commission on Children and Disasters'' (referred to in this title as the
``Commission'').
SEC. 604. PURPOSES OF COMMISSION.
The purposes of the Commission are to--
(1) <<NOTE: Study.>> conduct a comprehensive study to
examine and assess the needs of children as they relate to
preparation for, response to, and recovery from all hazards,
including major disasters and emergencies;
(2) build upon the evaluations of other entities and avoid
unnecessary duplication, by reviewing the findings, conclusions,
and recommendations of other commissions, Federal, State, and
local governments, or nongovernmental entities, relating to the
needs of children as they relate to preparation for,
[[Page 121 STAT. 2214]]
response to, and recovery from all hazards, including major
disasters and emergencies; and
(3) <<NOTE: Reports.>> submit a report to the President and
Congress on specific findings, conclusions, and recommendations
to address the needs of children as they relate to preparation
for, response to, and recovery from all hazards, including major
disasters and emergencies.
SEC. 605. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) <<NOTE: President.>> 1 member shall be appointed by the
President;
(2) <<NOTE: President.>> 1 member, who is of a different
political party than that of the member appointed under
paragraph (1), shall be appointed by the President;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the minority leader of
the Senate;
(5) 2 members shall be appointed by the Speaker of the House
of Representatives; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson, Vice Chairperson,
and <<NOTE: Deadline.>> Meetings.--Not later than 30 days after the date
on which all members of the Commission are appointed under subsection
(a), such members shall meet to elect a Chairperson and Vice Chairperson
from among such members and shall determine a schedule of Commission
meetings.
(c) Governmental Appointees.--An individual appointed to the
Commission may not be an official or employee of the Federal Government.
(d) Commission Representation.--The Commission shall include at
least one--
(1) representative from private nonprofit entities with
demonstrated expertise in addressing the needs of children as
they relate to preparation for, response to, and recovery from
all hazards, including major disasters and emergencies; and
(2) State emergency manager or local emergency manager.
(e) Qualifications.--Members appointed under subsection (a) may
include--
(1) individuals involved with providing services to
children, including health, education, housing, and other social
services;
(2) individuals with experience in emergency management,
including coordination of resources and services among State and
local governments, the Federal Government, and nongovernmental
entities;
(3) individuals with philanthropic experience focused on the
needs of children in all hazards, including major disasters and
emergencies;
(4) individuals with experience in providing donated goods
and services, including personnel services, to meet the needs of
children and families as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies; and
[[Page 121 STAT. 2215]]
(5) individuals who have conducted academic research related
to addressing the needs of children in all hazards, including
major disasters and emergencies.
(f) Initial Meeting.--The <<NOTE: Deadline.>> Commission shall meet
and begin the operations of the Commission not later than 120 days after
the appointment of members of the Commission.
(g) Quorum and Vacancy.--
(1) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(2) Vacancy.--Any vacancy in the Commission shall not affect
its powers and shall be filled in the same manner in which the
original appointment was made.
SEC. 606. DUTIES OF COMMISSION.
The Commission shall--
(1) conduct pursuant to section 604(2) a comprehensive study
that examines and assesses the needs of children as they relate
to preparation for, response to, and recovery from all hazards,
including major disasters and emergencies, including specific
findings relating to--
(A) child physical health, mental health, and
trauma;
(B) child care in all settings;
(C) child welfare;
(D) elementary and secondary education;
(E) sheltering, temporary housing, and affordable
housing;
(F) transportation;
(G) juvenile justice;
(H) evacuation; and
(I) relevant activities in emergency management;
(2) identify, review, and evaluate existing laws,
regulations, policies, and programs relevant to the needs of
children as they relate to preparation for, response to, and
recovery from all hazards, including major disasters and
emergencies;
(3) identify, review, and evaluate the lessons learned from
past disasters and emergencies relative to addressing the needs
of children; and
(4) <<NOTE: Reports.>> submit a report to the President and
Congress on the Commission's specific findings, conclusions, and
recommendations to address the needs of children as they relate
to preparation for, response to, and recovery from all hazards,
including major disasters and emergencies, including specific
recommendations on the need for planning and establishing a
national resource center on children and disasters, coordination
of resources and services, administrative actions, policies,
regulations, and legislative changes as the Commission considers
appropriate.
SEC. 607. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, meet and act
at such times and places, and receive such evidence as may be necessary
to carry out the functions of the Commission.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may access, to the extent
authorized by law, from any executive department, bureau,
agency, board, commission, office, independent establishment, or
instrumentality of the Federal Government such information,
[[Page 121 STAT. 2216]]
suggestions, estimates, and statistics as the Commission
considers necessary to carry out this title.
(2) Provision of information.--On written request of the
Chairperson of the Commission, each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law, provide
the requested information to the Commission.
(3) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(c) Assistance From Federal Agencies.--
(1) General services administration.--On request of the
Chairperson of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, administrative support and other assistance necessary for
the Commission to carry out its duties.
(2) Other departments and agencies.--In addition to the
assistance provided for under paragraph (1), departments and
agencies of the United States may provide to the Commission such
assistance as they may determine advisable and as authorized by
law.
(d) Contracting.--The Commission may enter into contracts to enable
the Commission to discharge its duties under this title.
(e) Donations.--The Commission may accept, use, and dispose of
donations of services or property.
(f) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as a department or
agency of the United States.
SEC. 608. STAFF OF COMMISSION.
(a) In General.--The Chairperson of the Commission, in consultation
with the Vice Chairperson, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff director and
such other personnel as may be necessary to enable the Commission to
carry out its functions, in accordance with the provisions of title 5,
United States Code, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of title 5, United
States Code.
(b) Staff of Federal Agencies.--Upon request of the Chairperson of
the Commission, the head of any executive department, bureau, agency,
board, commission, office, independent establishment, or instrumentality
of the Federal Government may detail, without reimbursement, any of its
personnel to the Commission to assist it in carrying out its duties
under this title. Any detail of an employee shall be without
interruption or loss of civil service status or privilege.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
[[Page 121 STAT. 2217]]
SEC. 609. TRAVEL EXPENSES.
Each member of the Commission shall serve without compensation, but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions in the same manner
as persons employed intermittently in the Government service are allowed
expenses under section 5703 of title 5, United States Code.
SEC. 610. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.
The provisions of the Federal Advisory Committee Act shall apply to
the Commission, including the staff of the Commission.
SEC. 611. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Report.--The Commission shall, not later than 1 year
after the date of its first meeting, submit to the President and
Congress an interim report containing specific findings, conclusions,
and recommendations required under this title as have been agreed to by
a majority of Commission members.
(b) Other Reports and Information.--
(1) Reports.--The Commission may issue additional reports as
the Commission determines necessary.
(2) Information.--The Commission may hold public hearings to
collect information and shall make such information available
for use by the public.
(c) Final Report.--The Commission shall, not later than 2 years
after the date of its first meeting, submit to the President and
Congress a final report containing specific findings, conclusions, and
recommendations required under this title as have been agreed to by a
majority of Commission members.
(d) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 180 days after the date on which the
final report is submitted under subsection (b).
(2) <<NOTE: Archives.>> Records.--Not later than the date
of termination of the Commission under paragraph (1), all
records and papers of the Commission shall be delivered to the
Archivist of the United States for deposit in the National
Archives.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title,
$1,500,000 for each of fiscal years 2008 and 2009.
SEC. 613. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to confer on the Commission
purposes and duties that are the responsibility of the Congress.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2008''.
[[Page 121 STAT. 2218]]
DIVISION <<NOTE: Legislative Branch Appropriations Act, 2008.>> H--
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008
TITLE <<NOTE: 2 USC 60a note.>> I
LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the President
Pro Tempore of the Senate, $40,000; Majority Leader of the Senate,
$40,000; Minority Leader of the Senate, $40,000; Majority Whip of the
Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro
Tempore emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each Chairman; in
all, $195,000.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $158,457,000, which shall be paid
from this appropriation without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,316,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $620,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus, $309,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $4,796,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $2,912,000.
committee on appropriations
For salaries of the Committee on Appropriations, $14,161,000.
[[Page 121 STAT. 2219]]
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,587,000 for each such committee; in all, $3,174,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $778,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,620,000 for each such committee; in all,
$3,240,000.
office of the chaplain
For Office of the Chaplain, $379,000.
office of the secretary
For Office of the Secretary, $22,388,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $60,600,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,684,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $41,100,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,280,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,439,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $6,000;
Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary for the
Majority of the Senate, $6,000; Secretary for the Minority of the
Senate, $6,000; in all, $24,000.
[[Page 121 STAT. 2220]]
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and Rescission
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $129,000,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $520,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$2,000,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $142,389,000, which shall remain available until September
30, 2012.
miscellaneous items
For miscellaneous items, $17,528,000, of which up to $500,000 shall
be made available for a pilot program for mailings of postal patron
postcards by Senators for the purpose of providing notice of a town
meeting by a Senator in a county (or equivalent unit of local
government) at which the Senator will personally attend: Provided, That
any amount allocated to a Senator for such mailing shall not exceed 50
percent of the cost of the mailing and the remaining cost shall be paid
by the Senator from other funds available to the Senator.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$375,704,000.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
Sec. 1. <<NOTE: 2 USC 61-1.>> Gross Rate of Compensation in Offices
of Senators. <<NOTE: Effective date. 2 USC 61-1 note.>> Effective on and
after October 1, 2007, each of the dollar amounts contained in the table
under section 105(d)(1)(A) of the Legislative Branch Appropriations Act,
1968 (2 U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar amounts
in that table, as adjusted by law and in effect on September 30, 2007,
increased by an additional $50,000 each.
[[Page 121 STAT. 2221]]
Sec. 2. President pro Tempore Emeritus of the Senate. Section 7(e)
of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)
is amended by striking ``and the 109th Congress'' and inserting ``, the
109th Congress, and the 110th Congress''.
Sec. 3. <<NOTE: 2 USC 61g-6b.>> Offices of the Secretaries of the
Conference of the Majority and the Conference of the Minority. (a) In
General.--Upon the written request of the Secretary of the Conference of
the Majority or the Secretary of the Conference of the Minority, the
Secretary of the Senate shall transfer from the appropriations account
appropriated under the subheading ``offices of the secretaries of the
conference of the majority and the conference of the minority'' under
the heading ``Salaries, Officers and Employees'' such amount as the
Secretary of the Conference of the Majority or the Secretary of the
Conference of the Minority shall specify to the appropriations account
under the heading ``miscellaneous items'' within the contingent fund of
the Senate.
(b) Authority to Incur Expenses.--The Secretary of the Conference of
the Majority or the Secretary of the Conference of the Minority may
incur such expenses as may be necessary or appropriate. Expenses
incurred by the Secretary of the Conference of the Majority or the
Secretary of the Conference of the Minority shall be paid from the
amount transferred under subsection (a) by the Secretary of the
Conference of the Majority or the Secretary of the Conference of the
Minority and upon vouchers approved by the Secretary of the Conference
of the Majority or the Secretary of the Conference of the Minority, as
applicable.
(c) Authority to Advance Sums.--The Secretary of the Senate may
advance such sums as may be necessary to defray expenses incurred in
carrying out subsections (a) and (b).
(d) Effective Date.--This section shall apply to fiscal year 2008
and each fiscal year thereafter.
Sec. 4. Uniform Limitation on Gross Compensation for Employees of
Committees. (a) In General.--Section 105(e) of the Legislative Branch
Appropriations Act, 1968 (2 U.S.C. 61-1(e)) is amended by striking
paragraph (3) and inserting the following:
``(3)(A) In this paragraph--
``(i) the term `committee of the Senate' means--
``(I) any standing committee (including the
majority and minority policy committees) of the
Senate;
``(II) any select committee (including the
conference majority and conference minority of the
Senate); or
``(III) any joint committee the expenses of
which are paid from the contingent fund of the
Senate; and
``(ii) an employee of a subcommittee shall be
considered to be an employee of the full committee.
``(B) Subject to adjustment as provided by law, no employee
of a committee of the Senate shall be paid at a per annum gross
rate in excess of $162,515.''.
(b) <<NOTE: 2 USC 61-1 note.>> Effective Date.--The amendment made
by this section shall apply to fiscal year 2008 and each fiscal year
thereafter.
Sec. 5. <<NOTE: 22 USC 276p.>> 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.
[[Page 121 STAT. 2222]]
The Senators so appointed shall be referred to as the ``United States
group'' of the United States Senate-Japan Interparliamentary Group. The
meetings shall take place in Japan and Washington, D.C. alternatively.
(b) Appointment of Members.--The President of the Senate shall
appoint Senators under this section, including a Chair and Vice Chair,
upon recommendations of the majority and minority leaders of the Senate.
Such appointments shall be for the duration of each Congress.
(c) Funding.--There is authorized to be appropriated $100,000 for
each Congress to assist in meeting the expenses of the United States
group. Appropriations shall be disbursed on vouchers to be approved by
the Chair of the United States group.
(d) Certification of Expenditures.--A report of expenditures by the
United States group shall be prepared and certified each Congress by the
Chair.
(e) Effective Date.--This section shall apply to fiscal year 2008,
and each fiscal year thereafter.
Sec. 6. Orientation Seminars. (a) In General.--Section 107(a) of the
Supplemental Appropriations Act, 1979 (2 U.S.C. 69a; Public Law 96-38)
is amended in the first sentence by striking ``$25,000'' and inserting
``$30,000''.
(b) <<NOTE: 2 USC 69a note.>> Effective Date.--The amendment made
by this section shall apply with respect to fiscal year 2008 and each
fiscal year thereafter.
Sec. 7. <<NOTE: 2 USC 61f-13.>> Media Support Services. (a)
Definitions.--In this section, the terms ``national committee'' and
``political party'' have the meaning given such terms in section 301 of
the Federal Election Campaign Act of 1971 (2 U.S.C. 431).
(b) In General.--The official duties of employees of the Sergeant at
Arms and Doorkeeper of the Senate under the Senate Daily Press Gallery,
the Senate Periodical Press Gallery, the Senate Press Photographers
Gallery, and the Senate Radio and Television Correspondents Gallery may
include providing media support services with respect to the
presidential nominating conventions of the national committees of
political parties.
(c) Approval of Sergeant at Arms.--The terms and conditions under
which employees perform official duties under subsection (b) shall be
subject to the approval of the Sergeant at Arms and Doorkeeper of the
Senate.
(d) Effective Date.--This section shall apply to fiscal year 2008
and each fiscal year thereafter.
Sec. 8. <<NOTE: Applicability. 2 USC 61h-6 note.>> Consultants.
With respect to fiscal year 2008, the first sentence of section 101(a)
of the Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) shall
be applied by substituting ``nine individual consultants'' for ``eight
individual consultants''.
HOUSE OF REPRESENTATIVES
salaries and expenses
For salaries and expenses of the House of Representatives,
$1,188,211,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $24,048,000,
including: Office of the Speaker, $4,761,000, including $25,000 for
[[Page 121 STAT. 2223]]
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,388,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $4,290,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,894,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $1,420,000,
including $5,000 for official expenses of the Minority Whip; Speaker's
Office for Legislative Floor Activities, $499,000; Republican Steering
Committee, $943,000; Republican Conference, $1,631,000; Republican
Policy Committee, $325,000; Democratic Steering and Policy Committee,
$1,295,000; Democratic Caucus, $1,604,000; nine minority employees,
$1,498,000; training and program development--majority, $290,000;
training and program development--minority, $290,000; Cloakroom
Personnel--majority, $460,000; and Cloakroom Personnel--minority,
$460,000.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $581,000,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $133,000,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2008.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$32,203,700, including studies and examinations of executive agencies
and temporary personal services for such committee to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2008: Provided further, That
$2,403,700 shall be derived from prior year unobligated balances from
funds previously appropriated to the Committee on Appropriations.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $166,785,000, including: for salaries and expenses of
the Office of the Clerk, including not more than $13,000, of which not
more than $10,000 is for the Family Room, for official representation
and reception expenses, $22,423,000; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of Superintendent
of Garages, and including not more than $3,000 for official
representation and reception expenses,
[[Page 121 STAT. 2224]]
$6,884,000; for salaries and expenses of the Office of the Chief
Administrative Officer, $114,553,000, of which $6,269,000 shall remain
available until expended; for salaries and expenses of the Office of the
Inspector General, $4,368,000; for salaries and expenses of the Office
of Emergency Planning, Preparedness and Operations, $3,049,000, to
remain available until expended; for salaries and expenses of the Office
of General Counsel, $1,178,000; for the Office of the Chaplain,
$166,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official representation
and reception expenses, $1,799,000; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $2,939,000; for
salaries and expenses of the Office of the Legislative Counsel of the
House, $7,258,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $702,000; for other authorized employees,
$1,016,000; and for salaries and expenses of the Office of the
Historian, $450,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $254,174,000, including: supplies, materials, administrative costs
and Federal tort claims, $3,588,000; official mail for committees,
leadership offices, and administrative offices of the House, $310,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $227,455,000; supplies, materials,
and other costs relating to the House portion of expenses for the
Capitol Visitor Center, $2,262,000, to remain available until expended;
Business Continuity and Disaster Recovery, $16,856,000, of which
$5,408,000 shall remain available until expended; and miscellaneous
items including purchase, exchange, maintenance, repair and operation of
House motor vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $703,000.
Child Care Center
For salaries and expenses of the House of Representatives Child Care
Center, such amounts as are deposited in the account established by
section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2
U.S.C. 2112), subject to the level specified in the budget of the
Center, as submitted to the Committee on Appropriations of the House of
Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt.--Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2008. Any amount remaining after all
payments are made under such allowances for fiscal year 2008 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
[[Page 121 STAT. 2225]]
(b) Regulations.--The Committee on House Administration of the House
of Representatives shall have authority to prescribe regulations to
carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
Sec. 102. Contract for Exercise Facility.--(a) Section 103(a) of the
Legislative Branch Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 3175), is amended by striking ``private entity'' and inserting
``public or private entity''.
(b) <<NOTE: Effective date.>> The amendment made by subsection (a)
shall take effect as if included in the enactment of the Legislative
Branch Appropriations Act, 2005.
Sec. 103. Deposits.--(a) The second sentence of section 101 of the
Legislative Branch Appropriations Act, 1996 (2 U.S.C. 117j) is amended
by striking ``deposited in the Treasury as miscellaneous receipts'' and
inserting ``deposited in the Treasury for credit to the account of the
Office of the Chief Administrative Officer''.
(b) <<NOTE: Applicability. 2 USC 117j note.>> The amendments made
by this section shall apply with respect to fiscal year 2008 and each
succeeding fiscal year.
Sec. 104. House Services Revolving Fund.--(a) Section 105(b) of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 117m(b)) is
amended by striking ``the Chief Administrative Officer'' and inserting
the following: ``the Chief Administrative Officer, including purposes
relating to energy and water conservation and environmental activities
carried out in buildings, facilities, and grounds under the Chief
Administrative Officer's jurisdiction,''.
(b) <<NOTE: Applicability. 2 USC 117m note.>> The amendments made
by this section shall apply with respect to fiscal year 2008 and each
succeeding fiscal year.
Sec. 105. Adjustment.--The first sentence of section 5 of House
Resolution 1238, Ninety-first Congress, agreed to December 22, 1970 (as
enacted into permanent law by chapter VIII of the Supplemental
Appropriations Act, 1971) (2 U.S.C. 31b-5), is amended by striking
``step 1 of level 6'' and inserting ``step 7 of level 11''.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,398,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$9,220,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
Joint Congressional Committee on Inaugural Ceremonies of 2009
For salaries and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United States,
January 20, 2009, in accordance with such program as may be adopted by
the joint congressional committee authorized
[[Page 121 STAT. 2226]]
to conduct the inaugural ceremonies of 2009, $1,240,000 to be disbursed
by the Secretary of the Senate and to remain available until September
30, 2009. Funds made available under this heading shall be available for
payment, on a direct or reimbursable basis, whether incurred on, before,
or after, October 1, 2008: Provided, That the compensation of any
employee of the Committee on Rules and Administration of the Senate who
has been designated to perform service with respect to the inaugural
ceremonies of 2009 shall continue to be paid by the Committee on Rules
and Administration, but the account from which such staff member is paid
may be reimbursed for the services of the staff member (including agency
contributions when appropriate) out of funds made available under this
heading.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including: (1) an allowance of $2,175 per month to the Attending
Physician; (2) an allowance of $725 per month each to four medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $725 per month to two assistants and $580 per month each
not to exceed 11 assistants on the basis heretofore provided for such
assistants; and (4) $2,063,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and credited
to the applicable appropriation or appropriations from which such
salaries, allowances, and other expenses are payable and shall be
available for all the purposes thereof, $2,798,000, to be disbursed by
the Chief Administrative Officer of the House of Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and Special
Services Office, $5,348,000, to be disbursed by the Secretary of the
Senate.
Statements of Appropriations
For the preparation, under the direction of the Committees on
Appropriations of the Senate and the House of Representatives, of the
statements for the first session of the 110th Congress, showing
appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriations bills as required by law, $30,000, to be paid to the
persons designated by the chairmen of such committees to supervise the
work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime,
hazardous duty pay differential, and Government contributions for
health, retirement, social security, professional liability
[[Page 121 STAT. 2227]]
insurance, and other applicable employee benefits, $232,800,000, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $48,900,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2008 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
Sec. 1001. Transfer Authority.--Amounts appropriated for fiscal year
2008 for the Capitol Police may be transferred between the headings
``salaries'' and ``general expenses'' upon the approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 1002. <<NOTE: 2 USC 1981.>> Advance Payments.--During fiscal
year 2008 and each succeeding fiscal year, following notification of the
Committees on Appropriations of the House of Representatives and the
Senate, the Chief of the Capitol Police may make payments in advance for
obligations of the United States Capitol Police for subscription
services if the Chief determines it to be more prompt, efficient, or
economical to do so.
Sec. 1003. Utility Tunnel Repairs.--(a) From the unexpended balances
available under the heading ``Architect of the Capitol, Capitol Power
Plant'' in chapter 6 of title V of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28; 111 Stat. 167), $876,000 are hereby rescinded.
(b) In addition to the amounts otherwise made available in this Act
under the heading ``Capitol Police, Salaries'', there is appropriated
$876,000 for expenses under such heading resulting from any utility
tunnel repairs and asbestos abatement activities carried out by the
Architect of the Capitol: Provided, That the amount provided by this
section is designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
Sec. 1004. <<NOTE: U.S. Capitol Police and Library of Congress
Police Merger Implementation Act of 2007. 2 USC 1901 note. 2 USC 1901
note.>> United States Capitol Police and Library of Congress Police
Merger. (a) Short Title.--This section may be cited as the ``U.S.
Capitol Police and Library of Congress Police Merger Implementation Act
of 2007''.
(b) Transfer of Personnel.--
(1) Transfers.--
[[Page 121 STAT. 2228]]
(A) Library of congress police employees.--Effective
on the employee's transfer date, each Library of
Congress Police employee shall be transferred to the
United States Capitol Police and shall become either a
member or civilian employee of the Capitol Police, as
determined by the Chief of the Capitol Police under
paragraph (2).
(B) Library of congress police civilian employees.--
Effective <<NOTE: Effective date.>> on the employee's
transfer date, each Library of Congress Police civilian
employee shall be transferred to the United States
Capitol Police and shall become a civilian employee of
the Capitol Police.
(2) Treatment of library of congress police employees.--
(A) Determination of status within capitol police.--
(i) Eligibility to serve as members of the
capitol police.--A Library of Congress Police
employee shall become a member of the Capitol
Police on the employee's transfer date if the
Chief of the Capitol Police determines and issues
a written certification that the employee meets
each of the following requirements:
(I) Based on the assumption that
such employee would perform a period of
continuous Federal service after the
transfer date, the employee would be
entitled to an annuity for immediate
retirement under section 8336(b) or
8412(b) of title 5, United States Code
(as determined by taking into account
subparagraph (C)(i)), on the date such
employee becomes 60 years of age.
(II) During the transition period,
the employee successfully completes
training, as determined by the Chief of
the Capitol Police.
(III) The employee meets the
qualifications required to be a member
of the Capitol Police, as determined by
the Chief of the Capitol Police.
(ii) Service as civilian employee of capitol
police.--If the Chief of the Capitol Police
determines that a Library of Congress Police
employee does not meet the eligibility
requirements, the employee shall become a civilian
employee of the Capitol Police on the employee's
transfer date.
(iii) Finality of determinations.--Any
determination of the Chief of the Capitol Police
under this subparagraph shall not be appealable or
reviewable in any manner.
(iv) Deadline for determinations.--The Chief
of the Capitol Police shall complete the
determinations required under this subparagraph
for all Library of Congress Police employees not
later than September 30, 2009.
(B) Exemption from mandatory separation.--Section
8335(c) or 8425(c) of title 5, United States Code, shall
not apply to any Library of Congress Police employee who
becomes a member of the Capitol Police under this
subsection, until the earlier of--
[[Page 121 STAT. 2229]]
(i) the date on which the individual is
entitled to an annuity for immediate retirement
under section 8336(b) or 8412(b) of title 5,
United States Code; or
(ii) the date on which the individual--
(I) is 57 years of age or older; and
(II) is entitled to an annuity for
immediate retirement under section
8336(m) or 8412(d) of title 5, United
States Code, (as determined by taking
into account subparagraph (C)(i)).
(C) Treatment of prior creditable service for
retirement purposes.--
(i) Prior service for purposes of eligibility
for immediate retirement as member of capitol
police.--Any Library of Congress Police employee
who becomes a member of the Capitol Police under
this subsection shall be entitled to have any
creditable service under section 8332 or 8411 of
title 5, United States Code, that was accrued
prior to becoming a member of the Capitol Police
included in calculating the employee's service as
a member of the Capitol Police for purposes of
section 8336(m) or 8412(d) of title 5, United
States Code.
(ii) Prior service for purposes of computation
of annuity.--Any creditable service under section
8332 or 8411 of title 5, United States Code, of an
individual who becomes a member of the Capitol
Police under this paragraph that was accrued prior
to becoming a member of the Capitol Police--
(I) shall be treated and computed as
employee service under section 8339 or
section 8415 of such title; but
(II) shall not be treated as service
as a member of the Capitol Police or
service as a congressional employee for
purposes of applying any formula under
section 8339(b), 8339(q), 8415(c), or
8415(d) of such title under which a
percentage of the individual's average
pay is multiplied by the years (or other
period) of such service.
(3) Duties of employees transferred to civilian positions.--
(A) Duties.--The duties of any individual who
becomes a civilian employee of the Capitol Police under
this section, including a Library of Congress Police
civilian employee under paragraph (1)(B) and a Library
of Congress Police employee who becomes a civilian
employee of the Capitol Police under paragraph
(2)(A)(ii), shall be determined solely by the Chief of
the Capitol Police, except that a Library of Congress
Police civilian employee under paragraph (1)(B) shall
continue to support Library of Congress police
operations until all Library of Congress Police
employees are transferred to the United States Capitol
Police under this section.
(B) Finality of determinations.--Any determination
of the Chief of the Capitol Police under this paragraph
shall not be appealable or reviewable in any manner.
(4) Protecting status of transferred employees.--
[[Page 121 STAT. 2230]]
(A) Nonreduction in pay, rank, or grade.--The
transfer of any individual under this subsection shall
not cause that individual to be separated or reduced in
basic pay, rank or grade.
(B) Leave and compensatory time.--Any annual leave,
sick leave, or other leave, or compensatory time, to the
credit of an individual transferred under this
subsection shall be transferred to the credit of that
individual as a member or an employee of the Capitol
Police (as the case may be). The treatment of leave or
compensatory time transferred under this subsection
shall be governed by regulations of the Capitol Police
Board.
(C) Prohibiting imposition of probationary period.--
The Chief of the Capitol Police may not impose a period
of probation on any individual who is transferred under
this section.
(5) Rules of construction relating to employee
representation.--
(A) Employee representation.--Nothing in this
section shall be construed to authorize any labor
organization that represented an individual who was a
Library of Congress police employee or a Library of
Congress police civilian employee before the
individual's transfer date to represent that individual
as a member of the Capitol Police or an employee of the
Capitol Police after the individual's transfer date.
(B) Agreements not applicable.--Nothing in this
section shall be construed to authorize any collective
bargaining agreement (or any related court order,
stipulated agreement, or agreement to the terms or
conditions of employment) applicable to Library of
Congress police employees or to Library of Congress
police civilian employees to apply to members of the
Capitol Police or to civilian employees of the Capitol
Police.
(6) Rule of construction relating to personnel authority of
the chief of the capitol police.--Nothing in this section shall
be construed to affect the authority of the Chief of the Capitol
Police to--
(A) terminate the employment of a member of the
Capitol Police or a civilian employee of the Capitol
Police; or
(B) transfer any individual serving as a member of
the Capitol Police or a civilian employee of the Capitol
Police to another position with the Capitol Police.
(7) Transfer date defined.--In this section, the term
``transfer date'' means, with respect to an employee--
(A) in the case of a Library of Congress Police
employee who becomes a member of the Capitol Police, the
first day of the first pay period applicable to members
of the United States Capitol Police which begins after
the date on which the Chief of the Capitol Police issues
the written certification for the employee under
paragraph (2)(A);
(B) in the case of a Library of Congress Police
employee who becomes a civilian employee of the Capitol
Police, the first day of the first pay period applicable
to employees of the United States Capitol Police which
begins after September 30, 2009; or
[[Page 121 STAT. 2231]]
(C) in the case of a Library of Congress Police
civilian employee, the first day of the first pay period
applicable to employees of the United States Capitol
Police which begins after September 30, 2008.
(8) Cancellation in portion of unobligated balance of
fedlink revolving fund .--Amounts available for obligation by
the Librarian of Congress as of the date of the enactment of
this Act from the unobligated balance in the revolving fund
established under section 103 of the Library of Congress Fiscal
Operations Improvement Act of 2000 (2 U.S.C. 182c) for the
Federal Library and Information Network program of the Library
of Congress and the Federal Research program of the Library of
Congress are reduced by a total of $560,000, and the amount so
reduced is hereby cancelled.
(c) Transition Provisions.--
(1) Transfer and allocations of property and
appropriations.--
(A) In general.--Effective on the transfer date of
any Library of Congress Police employee and Library of
Congress Police civilian employee who is transferred
under this section--
(i) the assets, liabilities, contracts,
property, and records associated with the employee
shall be transferred to the Capitol Police; and
(ii) the unexpended balances of
appropriations, authorizations, allocations, and
other funds employed, used, held, arising from,
available to, or to be made available in
connection with the employee shall be transferred
to and made available under the appropriations
accounts for the Capitol Police for ``Salaries''
and ``General Expenses'', as applicable.
(B) Joint review.--During the transition period, the
Chief of the Capitol Police and the Librarian of
Congress shall conduct a joint review of the assets,
liabilities, contracts, property records, and unexpended
balances of appropriations, authorizations, allocations,
and other funds employed, used, held, arising from,
available to, or to be made available in connection with
the transfer under this section.
(2) Treatment of alleged violations of certain employment
laws with respect to transferred individuals.--
(A) In general.--Notwithstanding any other provision
of law and except as provided in subparagraph (C), in
the case of an alleged violation of any covered law (as
defined in subparagraph (D)) which is alleged to have
occurred prior to the transfer date with respect to an
individual who is transferred under this section, and
for which the individual has not exhausted all of the
remedies available for the consideration of the alleged
violation which are provided for employees of the
Library of Congress under the covered law prior to the
transfer date, the following shall apply:
(i) The individual may not initiate any
procedure which is available for the consideration
of the alleged violation of the covered law which
is provided for
[[Page 121 STAT. 2232]]
employees of the Library of Congress under the
covered law.
(ii) To the extent that the individual has
initiated any such procedure prior to the transfer
date, the procedure shall terminate and have no
legal effect.
(iii) Subject to subparagraph (B), the
individual may initiate and participate in any
procedure which is available for the resolution of
grievances of officers and employees of the
Capitol Police under the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.)
to provide for consideration of the alleged
violation. The previous sentence does not apply in
the case of an alleged violation for which the
individual exhausted all of the available remedies
which are provided for employees of the Library of
Congress under the covered law prior to the
transfer date.
(B) Special rules for applying congressional
accountability act of 1995.--In applying subparagraph
(A)(iii) with respect to an individual to whom this
subsection applies, for purposes of the consideration of
the alleged violation under the Congressional
Accountability Act of 1995--
(i) the date of the alleged violation shall be
the individual's transfer date;
(ii) notwithstanding the third sentence of
section 402(a) of such Act (2 U.S.C. 1402(a)), the
individual's request for counseling under such
section shall be made not later than 60 days after
the date of the alleged violation; and
(iii) the employing office of the individual
at the time of the alleged violation shall be the
Capitol Police Board.
(C) Exception for alleged violations subject to
hearing prior to transfer.--Subparagraph (A) does not
apply with respect to an alleged violation for which a
hearing has commenced in accordance with the covered law
on or before the transfer date.
(D) Covered law defined.--In this paragraph, a
``covered law'' is any law for which the remedy for an
alleged violation is provided for officers and employees
of the Capitol Police under the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
(3) Availability of detailees during transition period.--
During the transition period, the Chief of the Capitol Police
may detail additional members of the Capitol Police to the
Library of Congress, without reimbursement.
(4) Effect on existing memorandum of understanding.--The
Memorandum of Understanding between the Library of Congress and
the Capitol Police entered into on December 12, 2004, shall
remain in effect during the transition period, subject to--
(A) the provisions of this section; and
(B) such modifications as may be made in accordance
with the modification and dispute resolution provisions
of the Memorandum of Understanding, consistent with the
provisions of this section.
[[Page 121 STAT. 2233]]
(5) Rule of construction relating to personnel authority of
the librarian of congress.--Nothing in this section shall be
construed to affect the authority of the Librarian of Congress
to--
(A) terminate the employment of a Library of
Congress Police employee or Library of Congress Police
civilian employee; or
(B) transfer any individual serving in a Library of
Congress Police employee position or Library of Congress
Police civilian employee position to another position at
the Library of Congress.
(d) Police Jurisdiction, Unlawful Activities, and Penalties.--
(1) Jurisdiction.--
(A) Extension of capitol police jurisdiction.--
Section 9 of the Act entitled ``An Act to define the
area of the United States Capitol Grounds, to regulate
the use thereof, and for other purposes'', approved July
31, 1946 (2 U.S.C. 1961) is amended by adding at the end
the following:
``(d) For purposes of this section, `United States Capitol Buildings
and Grounds' shall include the Library of Congress buildings and grounds
described under section 11 of the Act entitled `An Act relating to the
policing of the buildings of the Library of Congress', approved August
4, 1950 (2 U.S.C. 167j), except that in a case of buildings or grounds
not located in the District of Columbia, the authority granted to the
Metropolitan Police Force of the District of Columbia shall be granted
to any police force within whose jurisdiction the buildings or grounds
are located.''.
(B) <<NOTE: 2 USC 167 note.>> Repeal of library of
congress police jurisdiction.--The first section and
sections 7 and 9 of the Act of August 4, 1950 (2 U.S.C.
167, 167f, 167h) are repealed on October 1, 2009.
(2) Unlawful activities and penalties.--
(A) Extension of united states capitol buildings and
grounds provisions to the library of congress buildings
and grounds.--
(i) Capitol buildings.--Section 5101 of title
40, United States Code, is amended by inserting
``all buildings on the real property described
under section 5102(d)'' after ``(including the
Administrative Building of the United States
Botanic Garden)''.
(ii) Capitol grounds.--Section 5102 of title
40, United States Code, is amended by adding at
the end the following:
``(d) Library of Congress Buildings and Grounds.--
``(1) In general.--Except as provided under paragraph (2),
the United States Capitol Grounds shall include the Library of
Congress grounds described under section 11 of the Act entitled
`An Act relating to the policing of the buildings of the Library
of Congress', approved August 4, 1950 (2 U.S.C. 167j).
``(2) Authority of librarian of congress.--Notwithstanding
subsections (a) and (b), the Librarian of Congress shall retain
authority over the Library of Congress buildings and grounds in
accordance with section 1 of the Act of June 29, 1922 (2 U.S.C.
141; 42 Stat. 715).''.
[[Page 121 STAT. 2234]]
(iii) Conforming amendment relating to
disorderly conduct.--Section 5104(e)(2) of title
40, United States Code, is amended by striking
subparagraph (C) and inserting the following:
``(C) with the intent to disrupt the orderly
conduct of official business, enter or remain in a
room in any of the Capitol Buildings set aside or
designated for the use of--
``(i) either House of Congress or a
Member, committee, officer, or employee
of Congress, or either House of
Congress; or
``(ii) the Library of Congress;''.
(B) Repeal of offenses and penalties specific to the
library of congress.--Sections 2, 3, 4, 5, 6, and 8 of
the Act of August 4, 1950 (2 U.S.C. 167a, 167b, 167c,
167d, 167e, and 167g) are repealed.
(C) Suspension of prohibitions against use of
library of congress buildings and grounds.--Section 10
of the Act of August 4, 1950 (2 U.S.C. 167i) is amended
by striking ``2 to 6, inclusive, of this Act'' and
inserting ``5103 and 5104 of title 40, United States
Code''.
(D) Conforming amendment to description of library
of congress grounds.--Section 11 of the Act of August 4,
1950 (2 U.S.C. 167j) is amended--
(i) in subsection (a), by striking ``For the
purposes of this Act the'' and inserting ``The'';
(ii) in subsection (b), by striking ``For the
purposes of this Act the'' and inserting ``The'';
(iii) in subsection (c), by striking ``For the
purposes of this Act the'' and inserting ``The'';
and
(iv) in subsection (d), by striking ``For the
purposes of this Act the'' and inserting ``The''.
(3) Conforming amendment relating to jurisdiction of
inspector general of library of congress.--Section 1307(b)(1) of
the Legislative Branch Appropriations Act, 2006 (2 U.S.C.
185(b)), is amended by striking the semicolon at the end and
inserting the following: ``, except that nothing in this
paragraph may be construed to authorize the Inspector General to
audit or investigate any operations or activities of the United
States Capitol Police;''.
(4) <<NOTE: 2 USC 167 note.>> Effective date.--The
amendments made by this section shall take effect October 1,
2009.
(e) <<NOTE: 2 USC 141b.>> Collections, Physical Security, Control,
and Preservation of Order and Decorum Within the Library.--
(1) Establishment of regulations.--The Librarian of Congress
shall establish standards and regulations for the physical
security, control, and preservation of the Library of Congress
collections and property, and for the maintenance of suitable
order and decorum within Library of Congress.
(2) Treatment of security systems.--
(A) Responsibility for security systems.--In
accordance with the authority of the Capitol Police and
the Librarian of Congress established under this
section, the amendments made by this section, and the
provisions of law referred to in subparagraph (C), the
Chief of the Capitol Police and the Librarian of
Congress shall be responsible for the operation of
security systems at the Library of
[[Page 121 STAT. 2235]]
Congress buildings and grounds described under section
11 of the Act of August 4, 1950, in consultation and
coordination with each other, subject to the following:
(i) The Librarian of Congress shall be
responsible for the design of security systems for
the control and preservation of Library
collections and property, subject to the review
and approval of the Chief of the Capitol Police.
(ii) The Librarian of Congress shall be
responsible for the operation of security systems
at any building or facility of the Library of
Congress which is located outside of the District
of Columbia, subject to the review and approval of
the Chief of the Capitol Police.
(B) <<NOTE: Deadline.>> Initial proposal for
operation of systems.--Not later than October 1, 2008,
the Chief of the Capitol Police, in coordination with
the Librarian of Congress, shall prepare and submit to
the Committee on House Administration of the House of
Representatives, the Committee on Rules and
Administration of the Senate, and the Committees on
Appropriations of the House of Representatives and the
Senate an initial proposal for carrying out this
paragraph.
(C) Provisions of law.--The provisions of law
referred to in this subparagraph are as follows:
(i) Section 1 of the Act of June 29, 1922 (2
U.S.C. 141).
(ii) The undesignated provision under the
heading ``General Provision, This Chapter'' in
chapter 5 of title II of division B of the Omnibus
Consolidated and Emergency Supplemental
Appropriations Act, 1999 (2 U.S.C. 141a).
(iii) Section 308 of the Legislative Branch
Appropriations Act, 1996 (2 U.S.C. 1964).
(iv) Section 308 of the Legislative Branch
Appropriations Act, 1997 (2 U.S.C. 1965).
(f) Payment of Capitol Police Services Provided in Connection With
Relating to Library of Congress Special Events.--
(1) Payments of amounts deposited in revolving fund.--
Section 102(e) of the Library of Congress Fiscal Operations
Improvement Act of 2000 (2 U.S.C. 182b(e)) is amended to read as
follows:
``(e) Use of Amounts.--
``(1) In general.--Except as provided in paragraph (2),
amounts in the accounts of the revolving fund under this section
shall be available to the Librarian, in amounts specified in
appropriations Acts and without fiscal year limitation, to carry
out the programs and activities covered by such accounts.
``(2) Special rule for payments for certain capitol police
services.--In the case of any amount in the revolving fund
consisting of a payment received for services of the United
States Capitol Police in connection with a special event or
program described in subsection (a)(4), the Librarian shall
transfer such amount upon receipt to the Capitol Police for
deposit into the applicable appropriations accounts of the
Capitol Police.''.
[[Page 121 STAT. 2236]]
(2) <<NOTE: 2 USC 143c.>> Use of other library funds to
make payments.--In addition to amounts transferred pursuant to
section 102(e)(2) of the Library of Congress Fiscal Operations
Improvement Act of 2000 (as added by paragraph (1)), the
Librarian of Congress may transfer amounts made available for
salaries and expenses of the Library of Congress during a fiscal
year to the applicable appropriations accounts of the United
States Capitol Police in order to reimburse the Capitol Police
for services provided in connection with a special event or
program described in section 102(a)(4) of such Act.
(3) <<NOTE: 2 USC 182b note.>> Effective date.--The
amendments made by this subsection shall apply with respect to
services provided by the United States Capitol Police on or
after the date of the enactment of this Act.
(g) Other Conforming Amendments.--
(1) In general.--Section 1015 of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 1006
of the Legislative Branch Appropriations Act, 2004 (2 U.S.C.
1901 note; Public Law 108-83; 117 Stat. 1023) are repealed.
(2) <<NOTE: 2 USC 1901 note.>> Effective date.--The
amendments made by paragraph (1) shall take effect October 1,
2009.
(h) <<NOTE: 2 USC 1901 note.>> Definitions.--In this section--
(1) the term ``Act of August 4, 1950'' means the Act
entitled ``An Act relating to the policing of the buildings and
grounds of the Library of Congress,'' (2 U.S.C. 167 et seq.);
(2) the term ``Library of Congress Police employee'' means
an employee of the Library of Congress designated as police
under the first section of the Act of August 4, 1950 (2 U.S.C.
167);
(3) the term ``Library of Congress Police civilian
employee'' means an employee of the Library of Congress Office
of Security and Emergency Preparedness who provides direct
administrative support to, and is supervised by, the Library of
Congress Police, but shall not include an employee of the
Library of Congress who performs emergency preparedness or
collections control and preservation functions; and
(4) the term ``transition period'' means the period the
first day of which is the date of the enactment of this Act and
the final day of which is September 30, 2009.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $3,350,000, of which $700,000 shall remain available until
September 30, 2009: Provided, That the Executive Director of the Office
of Compliance may, within the limits of available appropriations,
dispose of surplus or obsolete personal property by interagency
transfer, donation, or discarding: Provided further, That not more than
$500 may be expended on the certification of the Executive Director of
the Office of Compliance in connection with official representation and
reception expenses.
[[Page 121 STAT. 2237]]
Administrative Provision
Sec. 1101. Compensation of Board and Officers of the Office of
Compliance. (a) Members of the Board of Directors.--Section 301(g) of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381(g)) is
amended by striking paragraph (1) and inserting the following:
``(1) Per diem.--
``(A) Rate of compensation for each day.--Each
member of the Board shall be compensated, for each day
(including travel time) during which such member is
engaged in the performance of the duties of the Board,
at a rate equal to the daily equivalent of the lesser
of--
``(i) the highest annual rate of compensation
of any officer of the Senate; or
``(ii) the highest annual rate of compensation
of any officer of the House of Representatives.
``(B) Authority to prorate.--The rate of pay of a
member may be prorated based on the portion of the day
during which the member is engaged in the performance of
Board duties.''.
(b) Officers.--Section 302 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1382) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) Compensation.--
``(A) Authority to fix compensation.--The Chair may
fix the compensation of the Executive Director.
``(B) Limitation.--The rate of pay for the Executive
Director may not exceed the lesser of--
``(i) the highest annual rate of compensation
of any officer of the Senate; or
``(ii) the highest annual rate of compensation
of any officer of the House of Representatives.'';
(2) in subsection (b), by striking paragraph (3) and
inserting the following:
``(3) Compensation.--
``(A) Authority to fix compensation.--The Chair may
fix the compensation of the Deputy Executive Directors.
``(B) Limitation.--The rate of pay for a Deputy
Executive Director may not exceed 96 percent of the
lesser of--
``(i) the highest annual rate of compensation
of any officer of the Senate; or
``(ii) the highest annual rate of compensation
of any officer of the House of Representatives.'';
(3) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Compensation.--
``(A) Authority to fix compensation.--The Chair may
fix the compensation of the General Counsel.
``(B) Limitation.--The rate of pay for the General
Counsel may not exceed the lesser of--
``(i) the highest annual rate of compensation
of any officer of the Senate; or
``(ii) the highest annual rate of compensation
of any officer of the House of Representatives.'';
and
[[Page 121 STAT. 2238]]
(4) in subsection (e), by striking ``General Accounting
Office'' and inserting ``Government Accountability Office''.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $4,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $37,399,000.
Administrative Provision
Sec. 1201. <<NOTE: 2 USC 611 note.>> Executive Exchange Program for
the Congressional Budget Office. (a) In General.--The Director of the
Congressional Budget Office may establish and conduct an executive
exchange program under which employees of the Office may be assigned to
private sector organizations, and employees of private sector
organizations may be assigned to the Office, for 1-year periods to
further the institutional interests of the Office or Congress, including
for the purpose of providing training to officers and employees of the
Office.
(b) Limitations and Conditions.--The Director of the Congressional
Budget Office shall--
(1) limit the number of officers and employees who are
assigned to private sector organizations at any one time to not
more than 3;
(2) limit the number of employees from private sector
organizations who are assigned to the Office at any one time to
not more than 3;
(3) require that an employee of a private sector
organization assigned to the Office may not have access to any
trade secrets or to any other nonpublic information which is of
commercial value to the private sector organization from which
such employee is assigned; and
(4) approve employees to be detailed from the private sector
without regard to political affiliation and solely on the basis
of their fitness to perform their assigned duties.
(c) Treatment of Private Employees.--An employee of a private sector
organization assigned to the Office under the executive exchange program
shall be considered to be an employee of the Office for purposes of--
(1) chapter 73 of title 5, United States Code;
(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(3) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(4) chapter 171 of title 28, United States Code (commonly
referred to as the ``Federal Tort Claims Act'') and any other
Federal tort liability statute;
(5) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(6) section 1043 of the Internal Revenue Code of 1986.
(d) Termination of Assignments.--No assignment under this section
shall commence after the end of the 2-year period beginning on the date
of enactment of this section.
[[Page 121 STAT. 2239]]
(e) Effective Date.--Subject to subsection (d), this section shall
apply to fiscal year 2008 and each fiscal year thereafter.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies in
connection with activities under the care of the Architect of the
Capitol; for all necessary expenses for the general and administrative
support of the operations under the Architect of the Capitol including
the Botanic Garden; electrical substations of the Capitol, Senate and
House office buildings, and other facilities under the jurisdiction of
the Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the Capitol
may approve; for purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $79,897,000, of which $400,000 shall remain
available until September 30, 2012.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $24,090,000, of which $8,290,000 shall remain available
until September 30, 2012.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $10,090,000, of which $500,000 shall remain
available until September 30, 2012.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$70,283,000, of which $14,400,000 shall remain available until September
30, 2012.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $65,635,000, of which $25,400,000 shall
remain available until September 30, 2012.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled
[[Page 121 STAT. 2240]]
water for air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary Building and
the Folger Shakespeare Library, expenses for which shall be advanced or
reimbursed upon request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit of this
appropriation, $85,310,000, of which $3,155,000 shall remain available
until September 30, 2012: Provided, That not more than $8,000,000 of the
funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2008.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$27,553,000, of which $4,890,000 shall remain available until September
30, 2012.
Capitol Police Buildings, Grounds, and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computer Facility, and
AOC security operations, $14,966,000, of which $1,000,000 shall remain
available until September 30, 2012.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $8,808,000: Provided, That of the amount
made available under this heading, the Architect may obligate and expend
such sums as may be necessary for the maintenance, care and operation of
the National Garden established under section 307E of the Legislative
Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved
by the Architect or a duly authorized designee.
Capitol Visitor Center
For an additional amount for the Capitol Visitor Center project,
$28,753,000, to remain available until expended, of which up to
$8,500,000 may be used for Capitol Visitor Center operations: Provided,
That the Architect of the Capitol may not obligate any of the funds
which are made available for the Capitol Visitor Center project without
an obligation plan approved by the Committees on Appropriations of the
Senate and House of Representatives.
Administrative Provisions
Sec. 1301. <<NOTE: Architect of the Capitol Inspector General Act of
2007. 2 USC 1808.>> Inspector General of the Architect of the Capitol.
(a) Short Title.--This section may be cited as the ``Architect of the
Capitol Inspector General Act of 2007''.
(b) Office of Inspector General.--There is an Office of Inspector
General within the Office of the Architect of the Capitol which is an
independent objective office to--
[[Page 121 STAT. 2241]]
(1) conduct and supervise audits and investigations relating
to the Architect of the Capitol;
(2) provide leadership and coordination and recommend
policies to promote economy, efficiency, and effectiveness; and
(3) provide a means of keeping the Architect of the Capitol
and the Congress fully and currently informed about problems and
deficiencies relating to the administration of programs and
operations of the Architect of the Capitol.
(c) Appointment of Inspector General; Supervision; Removal.--
(1) Appointment and supervision.--
(A) In general.--There shall be at the head of the
Office of Inspector General, an Inspector General who
shall be appointed by the Architect of the Capitol, in
consultation with the Inspectors General of the Library
of Congress, Government Printing Office, Government
Accountability Office, and United States Capitol Police.
The appointment shall be made without regard to
political affiliation and solely on the basis of
integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis,
public administration, or investigations. The Inspector
General shall report to, and be under the general
supervision of, the Architect of the Capitol.
(B) Audits, investigations, reports, and other
duties and responsibilities.--The Architect of the
Capitol shall have no authority to prevent or prohibit
the Inspector General from--
(i) initiating, carrying out, or completing
any audit or investigation;
(ii) issuing any subpoena during the course of
any audit or investigation;
(iii) issuing any report; or
(iv) carrying out any other duty or
responsibility of the Inspector General under this
section.
(2) Removal.--The Inspector General may be removed from
office by the Architect of the Capitol. The Architect of the
Capitol shall, promptly upon such removal, communicate in
writing the reasons for any such removal to each House of
Congress.
(3) Compensation.--The Inspector General shall be paid at an
annual rate of pay equal to $1,500 less than the annual rate of
pay of the Architect of the Capitol.
(d) Duties, Responsibilities, Authority, and Reports.--
(1) In general.--Sections 4, 5 (other than subsections
(a)(13) and (e)(1)(B) thereof), 6 (other than subsection (a)(7)
and (8) thereof), and 7 of the Inspector General Act of 1978 (5
U.S.C. App.) shall apply to the Inspector General of the
Architect of the Capitol and the Office of such Inspector
General and such sections shall be applied to the Office of the
Architect of the Capitol and the Architect of the Capitol by
substituting--
(A) ``Office of the Architect of the Capitol'' for
``establishment''; and
(B) ``Architect of the Capitol'' for ``head of the
establishment''.
(2) Employees.--The Inspector General, in carrying out this
section, is authorized to select, appoint, and employ such
[[Page 121 STAT. 2242]]
officers and employees (including consultants) as may be
necessary for carrying out the functions, powers, and duties of
the Office of Inspector General subject to the provisions of law
governing selections, appointments, and employment in the Office
of the Architect of the Capitol.
(e) Transfers.--All functions, personnel, and budget resources of
the Office of the Inspector General of the Architect of the Capitol as
in effect before the effective date of this section are transferred to
the Office of Inspector General described under subsection (b).
(f) References.--References in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Inspector General of the Architect of the Capitol
shall be deemed to refer to the Inspector General as set forth under
this section.
(g) <<NOTE: Deadline.>> First Appointment.--By the date occurring
180 days after the date of enactment of this Act, the Architect of the
Capitol shall appoint an individual to the position of Inspector General
of the Architect of the Capitol described under subparagraph (A) of
subsection (c)(1) in accordance with that subparagraph.
(h) Effective Date.--
(1) In general.--Except as provided under paragraph (2),
this section shall take effect 180 days after the date of
enactment of this Act and apply with respect to fiscal year 2008
and each fiscal year thereafter.
(2) First appointment.--Subsection (g) shall take effect on
the date of enactment of this Act and the Architect of the
Capitol shall take such actions as necessary after such date of
enactment to carry out that subsection.
Sec. 1302. <<NOTE: 2 USC 1831 note.>> Flexible Work Schedules.
Notwithstanding section 6101 of title 5, United States Code, the
Architect of the Capitol may establish and conduct a pilot program to
test flexible work schedules within the Architect of the Capitol and
Botanic Garden. Such pilot program shall be in accordance with chapter
61 of title 5, United States Code. <<NOTE: Termination date.>> This
authority shall terminate effective September 30, 2008.
Sec. 1303. Travel and Transportation. (a) In General.--Section
5721(1) of title 5, United States Code, is amended--
(1) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively; and
(2) by inserting after subparagraph (F) the following:
``(G) the Architect of the Capitol;''.
(b) Demonstration Program.--Section 521(1)(B) of the National Energy
Conservation Policy Act (42 U.S.C. 8241(1)(B)) is amended by striking
``paragraphs (B) through (H)'' and inserting ``subparagraphs (B) through
(I)''.
Sec. 1304. <<NOTE: 2 USC 1869.>> Advance Payments.--During fiscal
year 2008 and each succeeding fiscal year, following notification of the
Committees on Appropriations of the House of Representatives and the
Senate, the Architect of the Capitol may make payments in advance for
obligations of the Office of the Architect of the Capitol for
subscription services if the Architect determines it to be more prompt,
efficient, or economical to do so.
Sec. 1305. <<NOTE: 2 USC 1825.>> 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
[[Page 121 STAT. 2243]]
CVC's facilities maintenance budget and associated payroll will be
included with the Capitol Building's appropriation budget, and
integrated in such a way as to facilitate the reporting of expenses
associated with the maintenance of the CVC facility.
Sec. 1306. Leasing Authority.--(a) <<NOTE: Effective
dates.>> Section 1102(b) of the Legislative Branch Appropriations Act,
2004 (2 U.S.C. 1822(b)) is amended--
(1) in paragraph (1), by striking ``Committee on Rules and
Administration'' and inserting ``Committees on Appropriations
and Rules and Administration'';
(2) in paragraph (2), by striking ``the House Office
Building Commission'' and inserting ``the Committee on
Appropriations of the House of Representatives and the House
Office Building Commission''; and
(3) in paragraph (3), by striking the period at the end and
inserting ``, for space to be leased for any other entity under
subsection (a).''.
(b) <<NOTE: 2 USC 1822 note.>> The amendments made by subsection
(a) shall take effect as if included in the enactment of the Legislative
Branch Appropriations Act, 2004.
Sec. 1307. <<NOTE: 2 USC 1826.>> Easements for Rights-of-Way. (a)
In General.--The Architect of the Capitol may grant, upon such terms as
the Architect of the Capitol considers advisable, including monetary
consideration, easements for rights-of-way over, in, and upon the
Capitol Grounds and any other public lands under the jurisdiction and
control of the Architect of the Capitol.
(b) Limitation.--No easement granted under this section may include
more land than is necessary for the easement.
(c) Easement Account.--There is established in the Treasury an
easement account for the Architect of the Capitol. The Architect of the
Capitol shall deposit in the account all proceeds received relating to
the granting of easements under this section. The proceeds deposited in
that account shall be available to the Architect, in such amounts and
for such purposes provided in appropriations acts.
(d) In-Kind Consideration.--Subject to subsection (f), the Architect
may accept in-kind consideration instead of, or in addition to, any
monetary consideration, for any easement granted under this section.
(e) Termination of Easement.--The Architect of the Capitol may
terminate all or part of any easement granted under this section for--
(1) failure to comply with the terms of the grant;
(2) nonuse for a 2-year period; or
(3) abandonment.
(f) Approval.--The Architect of the Capitol may grant an easement
for rights-of-way under subsection (a) upon submission of written notice
of intent to grant that easement and the amount or type of consideration
to be received, and approval by--
(1) the Committee on Rules and Administration of the Senate
for easements granted on property under Senate jurisdiction;
(2) the House Office Building Commission for property under
House of Representatives jurisdiction; and
(3) the Committee on Rules and Administration of the Senate
and the House Office Building Commission for easements granted
on any other property.
[[Page 121 STAT. 2244]]
(g) Effective Date.--This section shall apply to fiscal year 2008
and each fiscal year thereafter.
Sec. <<NOTE: 2 USC 1816a.>> 1308. Design-Build Contracts.--(a)
Notwithstanding any other provision of law, the Architect of the Capitol
may use the two-phase selection procedures authorized in section 303M of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253m) for entering into a contract for the design and construction of a
public building, facility, or work in the same manner and under the same
terms and conditions as the head of an executive agency under such
section.
(b) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2008 and each succeeding fiscal year.
Sec. <<NOTE: Appointment. 2 USC 1807.>> 1309. Assistant to the Chief
Executive Officer for Visitor Services. (a) Definition.--In this section
the term ``Chief Executive Officer'' means the Chief Executive Officer
for Visitor Services established under section 6701 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act of 2007 (2 U.S.C. 1806).
(b) Assistant to the Chief Executive Officer.--The Architect of the
Capitol shall--
(1) after consultation with the Chief Executive Officer,
appoint an assistant to perform the responsibilities of the
Chief Executive Officer during the absence or disability of the
Chief Executive Officer, or during a vacancy in the position of
the Chief Executive Officer; and
(2) fix the rate of basic pay for the position of the
assistant appointed under paragraph (1) at a rate not to exceed
the highest total rate of pay for the Senior Executive Service
under subchapter VIII of chapter 53 of title 5, United States
Code, for the locality involved.
(c) Effective Date.--This section shall apply to fiscal year 2008
and each fiscal year thereafter.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and maintenance
of the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $395,784,000, of which not
more than $6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2008, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from collections
during fiscal year 2008 and shall remain available until expended for
the development and maintenance of an international legal information
database and activities related thereto: Provided, That the Library of
Congress may not obligate or expend any funds derived from collections
under the Act of June 28, 1902,
[[Page 121 STAT. 2245]]
in excess of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That the total amount available
for obligation shall be reduced by the amount by which collections are
less than $6,350,000: Provided further, That of the total amount
appropriated, $16,451,000 shall remain available until September 30,
2010 for the partial acquisition of books, periodicals, newspapers, and
all other materials including subscriptions for bibliographic services
for the Library, including $40,000 to be available solely for the
purchase, when specifically approved by the Librarian, of special and
unique materials for additions to the collections: Provided further,
That of the total amount appropriated, not more than $12,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
Overseas Field Offices: Provided further, That of the total amount
appropriated, $7,000,000 shall remain available until expended for the
digital collections and educational curricula program: Provided further,
That of the total amount appropriated, $750,000 shall remain available
until expended, and shall be transferred to the Abraham Lincoln
Bicentennial Commission for carrying out the purposes of Public Law 106-
173, of which $10,000 may be used for official representation and
reception expenses of the Abraham Lincoln Bicentennial Commission:
Provided further, That of the total amount appropriated, $1,482,000
shall be used for the National Digital Information Infrastructure
and <<NOTE: Grants.>> Preservation Program: Provided further, That of
the total amount appropriated, $75,000 shall be used to provide a grant
to the Middle Eastern Text Initiative for translation and publishing of
middle <<NOTE: Grants.>> eastern text: Provided further, That $125,000
shall be used to provide a grant to the University of Mississippi for
the American Music Archives.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office, $49,558,000, of
which not more than $29,826,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2008 under section 708(d) of title 17, United States Code:
Provided, That not more than $10,000,000 shall be derived from prior
year unobligated balances: Provided further, That the Copyright Office
may not obligate or expend any funds derived from collections under such
section, in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That not more than
$4,398,000 shall be derived from collections during fiscal year 2008
under sections 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such
title: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections and unobligated
balances are less than $44,224,000: Provided further, That not more than
$100,000 of the amount appropriated is available for the maintenance of
an ``International Copyright Institute'' in the Copyright Office of the
Library of Congress for the purpose of training nationals of developing
countries in intellectual property laws and policies: Provided further,
That not more than $4,250 may be expended, on the certification of the
Librarian of Congress, in connection with official representation and
reception expenses for activities of the International Copyright
Institute and for copyright
[[Page 121 STAT. 2246]]
delegations, visitors, and seminars: Provided further, That
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of section 203 of
the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise
and extend the Annotated Constitution of the United States of America,
$102,601,000: Provided, That no part of such amount may be used to pay
any salary or expense in connection with any publication, or preparation
of material therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has obtained
prior approval of either the Committee on House Administration of the
House of Representatives or the Committee on Rules and Administration of
the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $67,091,000, of which
$20,704,000 shall remain available until expended, of which $650,000
shall be available to contract to provide newspapers to blind and
physically handicapped residents at no cost to the individual.
Administrative Provisions
Sec. 1401. Incentive Awards Program. Of the amounts appropriated to
the Library of Congress in this Act, not more than $5,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
incentive awards program.
Sec. 1402. Reimbursable and Revolving Fund Activities. (a) In
General.--For fiscal year 2008, the obligational authority of the
Library of Congress for the activities described in subsection (b) may
not exceed $122,529,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
(c) Transfer of Funds.--During fiscal year 2008, the Librarian of
Congress may temporarily transfer funds appropriated in this Act, under
the heading ``Library of Congress'', under the subheading ``Salaries and
Expenses'', to the revolving fund for the FEDLINK Program and the
Federal Research Program established under section 103 of the Library of
Congress Fiscal Operations Improvement
[[Page 121 STAT. 2247]]
Act of 2000 (Public Law 106-481; 2 U.S.C. 182c): Provided, That the
total amount of such transfers may not exceed $1,900,000: Provided
further, That the appropriate revolving fund account shall reimburse the
Library for any amounts transferred to it before the period of
availability of the Library appropriation expires.
Sec. 1403. Audit Requirement. Section 207(e) of the Legislative
Branch Appropriations Act, 1998 (2 U.S.C. 182(e)) is amended to read as
follows:
``(e) Audit.--The revolving fund shall be subject to audit by the
Comptroller General at the Comptroller General's discretion.''.
Sec. 1404. Transfer Authority. (a) In General.--Amounts appropriated
for fiscal year 2008 for the Library of Congress may be transferred
during fiscal year 2008 between any of the headings under the heading
``LIBRARY OF CONGRESS'' upon the approval of the Committees on
Appropriations of the Senate and the House of Representatives.
(b) Limitation.--Not more than 10 percent of the total amount of
funds appropriated to the account under any heading under the heading
``LIBRARY OF CONGRESS'' for fiscal year 2008 may be transferred from
that account by all transfers made under subsection (a).
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing and
binding for the Architect of the Capitol; expenses necessary for
preparing the semimonthly and session index to the Congressional Record,
as authorized by law (section 902 of title 44, United States Code);
printing and binding of Government publications authorized by law to be
distributed to Members of Congress; and printing, binding, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $90,000,000: Provided, That
this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized under
section 906 of title 44, United States Code: Provided further, That this
appropriation shall be available for the payment of obligations incurred
under the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That any unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may be
transferred to the Government Printing Office revolving fund for
carrying out the purposes of this heading,
[[Page 121 STAT. 2248]]
subject to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $35,000,000: Provided, That
amounts of not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2006 and 2007 to depository
and other designated libraries: Provided further, That any unobligated
or unexpended balances in this account or accounts for similar purposes
for preceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
Government Printing Office Revolving Fund
The Government Printing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Printing Office revolving fund: Provided further, That not
more than $5,000 may be expended on the certification of the Public
Printer in connection with official representation and reception
expenses: Provided further, That the revolving fund shall be available
for the hire or purchase of not more than 12 passenger motor vehicles:
Provided further, That expenditures in connection with travel expenses
of the advisory councils to the Public Printer shall be deemed necessary
to carry out the provisions of title 44, United States Code: Provided
further, That the revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent of
the annual rate of basic pay for level V of the Executive Schedule under
section 5316 of such title: Provided further, That the revolving fund
and the funds provided under the headings ``Office of Superintendent of
Documents'' and ``Salaries and Expenses'' together may not be available
for the full-time equivalent employment of more than 2,621 work-years
(or such other number of work-years as the Public Printer may request,
subject to the approval of the Committees on Appropriations of the House
of Representatives and Senate): Provided further, That activities
financed through the revolving fund may provide information in any
format: Provided further, That the revolving fund and the funds provided
under the headings ``Office of Superintendent of Documents'' and
``salaries and expenses'' may not be used
[[Page 121 STAT. 2249]]
for contracted security services at GPO's passport facility in the
District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $501,000,000: Provided, That not more than $5,413,000
of payments received under section 782 of title 31, United States Code,
shall be available for use in fiscal year 2008: Provided further, That
not more than $2,097,000 of reimbursements received under section 9105
of title 31, United States Code, shall be available for use in fiscal
year 2008: Provided further, That of the total amount provided, up to
$2,500,000 is for technology assessment studies: Provided further, That
this appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum's costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed.
Administrative Provisions
Sec. 1501. <<NOTE: 31 USC 702 note.>> Contract Appeals Board. (a)
Definitions.--In this section--
(1) the term ``Board'' means the Contract Appeals Board
established under subsection (b); and
(2) the term ``legislative branch agency'' means--
(A) the Architect of the Capitol;
(B) the United States Botanic Gardens;
(C) the Government Accountability Office;
(D) the Government Printing Office;
(E) the Library of Congress;
(F) the Congressional Budget Office;
(G) the United States Capitol Police; and
(H) any other agency, including any office, board,
or commission, established in the legislative branch;
and
(b) Establishment.--There is established a Contract Appeals Board
within the Government Accountability Office. The Board shall hear and
decide appeals from decisions of a contracting officer
[[Page 121 STAT. 2250]]
with respect to any contract entered into by a legislative branch
agency.
(c) Members of the Board.--
(1) Appointment.--The Comptroller General shall appoint at
least 3 members to the Contract Appeals Board.
(2) Qualifications.--Each member shall have not less than 5
years experience in public contract law.
(3) Pay.--Subject to any provision of law relating to pay
applicable to the Office of General Counsel of the Government
Accountability Office, the Comptroller General shall establish
and adjust the annual rate of basic pay of members of the Board.
(d) Provisions Applicable to Appeals.--The Contract Disputes Act of
1978 (Public Law 95-563, 41 U.S.C. 601 et seq.), as amended, shall apply
to appeals to the Board, except that section 4, subsections 8(a), (b),
and (c), and subsection 10(a) shall not apply to such appeals and the
amount of any claim referenced in subsection 6(c) shall be
$50,000. <<NOTE: Regulations.>> The Comptroller General shall prescribe
regulations for procedures for appeals to the Board that are consistent
with procedures under the Contract Disputes Act of 1978.
(e) Effective Date.--This section shall apply with respect to
fiscal year 2008 and each fiscal year thereafter.
Sec. 1502. <<NOTE: 2 USC 262o-2 note.>> Repeal and Modification of
Certain Reporting Requirements. (a) Annual Report by GAO on Consistency
of IMF Practices With Statutory Policies.--Section 504(e) of the
Consolidated Appropriations Act, 2000 (Public Law 106-113; 113 Stat.
1501A-318) is repealed.
(b) Review of Proposed Changes to Export Thresholds for Computers.--
Section <<NOTE: 50 USC app. 2404 note.>> 314 of the Consolidated
Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-123) is
repealed.
(c) Congressional Hunger Fellowship Program Audit.--Section
4404(f)(4)(A) of the Congressional Hunger Fellows Act of 2002 (2 U.S.C.
1161(f)(4)(A); Public Law 107-171) is amended--
(1) by striking ``shall'' and inserting ``may''; and
(2) by striking ``annual.''.
(d) Haitian Refugee Immigration.--Section 902(k) of the Haitian
Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note; Public Law
105-277) is repealed.
(e) Audit of Financial Transactions.--Section 11 of the National
Moment of Remembrance Act (36 U.S.C. 116 note; Public Law 106-579) is
repealed.
(f) Loss Ratios and Refund of Premiums.--Section 1882(r)(5) of the
Social Security Act (42 U.S.C. 1395ss(r)(5)) is amended--
(1) in subparagraph (A)--
(A) by striking ``(A) The Comptroller General shall
periodically, not less than once every 3 years,'' and
inserting ``The Secretary may''; and
(B) by striking ``and to the Secretary''; and
(2) by striking subparagraph (B).
(g) Radiation Exposure Compensation Reports.--Section 14 of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law
101-426) is repealed.
[[Page 121 STAT. 2251]]
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$9,000,000: Provided, <<NOTE: Deadline. Reports.>> That not later than
March 31, 2008, the Board of Trustees of the Open World Leadership
Center shall prepare and submit a report to the Committees on
Appropriations of the Senate and the House of Representatives for
potential options for transfer of the Open World Leadership Center to a
department or agency in the executive branch, establishment of the
Center as an independent agency in the executive branch, or other
appropriate options.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
TITLE II
GENERAL PROVISIONS
Sec. 201. Maintenance and Care of Private Vehicles. No part of the
funds appropriated in this Act shall be used for the maintenance or care
of private vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities for the
House of Representatives issued by the Committee on House Administration
and for the Senate issued by the Committee on Rules and Administration.
Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
in this Act shall remain available for obligation beyond fiscal year
2008 unless expressly so provided in this Act.
Sec. 203. Rates of Compensation and Designation. Whenever in this
Act any office or position not specifically established by the
Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or
the rate of compensation or designation of any office or position
appropriated for is different from that specifically established by such
Act, the rate of compensation and the designation in this Act shall be
the permanent law with respect thereto: Provided, That the provisions in
this Act for the various items of official expenses of Members,
officers, and committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of Representatives
shall be the permanent law with respect thereto.
Sec. 204. Consulting Services. The <<NOTE: Contracts.>> expenditure
of any appropriation under this Act for any consulting service through
procurement contract, under section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued under existing law.
Sec. 205. Awards and Settlements. Such sums as may be necessary are
appropriated to the account described in subsection (a) of section 415
of the Congressional Accountability Act of 1995
[[Page 121 STAT. 2252]]
(2 U.S.C. 1415(a)) to pay awards and settlements as authorized under
such subsection.
Sec. 206. Costs of LBFMC. Amounts available for administrative
expenses of any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate
share of LBFMC costs as determined by the LBFMC, except that the total
LBFMC costs to be shared among all participating legislative branch
entities (in such allocations among the entities as the entities may
determine) may not exceed $2,000.
Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
consultation with the District of Columbia, is authorized to maintain
and improve the landscape features, excluding streets and sidewalks, in
the irregular shaped grassy areas bounded by Washington Avenue, SW on
the northeast, Second Street SW on the west, Square 582 on the south,
and the beginning of the I-395 tunnel on the southeast.
Sec. 208. Limitation on Transfers. None of the funds made available
in this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 209. Guided Tours of the Capitol.--(a) Except as provided in
subsection (b), none of the funds made available to the Architect of the
Capitol or the U.S. Capitol Guide Service and Congressional Special
Services Office in this Act may be used to eliminate guided tours of the
United States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Representatives
and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol or Director of the U.S.
Capitol Guide Service and Congressional Special Services Office with the
approval of the Capitol Police Board, guided tours of the United States
Capitol which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction for
security or related reasons to the same extent as guided tours of the
United States Capitol which are led by the Architect of the Capitol or
the Capitol Guide Service.
Sec. 210. (a) Rescissions.--There is hereby rescinded an amount
equal to 0.25 percent of the budget authority provided for fiscal year
2008 for any discretionary account in title I of this Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget).
(c) Exception.--This section shall not apply to section 1003 of
title I of this Act.
[[Page 121 STAT. 2253]]
(d) Administration of Across-the-Board Reductions.--In the
administration of subsection (a), with respect to the budget authority
provided under the heading ``SENATE'' in title I of this Act--
(1) the percentage rescissions under subsection (a) shall
apply to the total amount of all funds appropriated under that
heading; and
(2) the rescissions may be applied without regard to
subsection (b).
This division may be cited as the ``Legislative Branch
Appropriations Act, 2008''.
DIVISION I--MILITARY <<NOTE: Military Construction and Veterans Affairs
and Related Agencies Appropriations Act, 2008.>> CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
(including rescission of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $3,936,583,000, to remain available until September 30, 2012:
Provided, That of this amount, not to exceed $321,983,000 shall be
available for study, planning, design, architect and engineer services,
and host nation support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the funds appropriated for ``Military Construction,
Army'' under Public Law 110-5, $8,690,000 are hereby rescinded.
Military Construction, Navy and Marine Corps
(including rescissions of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,198,394,000, to remain available until September 30,
2012: Provided, <<NOTE: Notification.>> 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
[[Page 121 STAT. 2254]]
and the reasons therefor: Provided further, That of the funds
appropriated for ``Military Construction, Navy and Marine Corps'' under
Public Law 108-132, $5,862,000; under Public Law 108-324, $2,069,000;
and under Public Law 110-5, $2,626,000 are hereby rescinded.
Military Construction, Air Force
(including rescissions of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,159,747,000, to remain available until September 30, 2012: Provided,
That of this amount, not to exceed $43,721,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
funds appropriated for ``Military Construction, Air Force'' under Public
Law 108-324, $5,319,000; and under Public Law 110-5, $5,151,000 are
hereby rescinded.
Military Construction, Defense-Wide
(including transfer and rescission of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$1,609,596,000, to remain available until September 30, 2012: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided
further, <<NOTE: Notification.>> That of the amount appropriated, not to
exceed $155,569,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the funds appropriated for
``Military Construction, Defense-Wide'' under Public Law 110-5,
$10,192,000 are hereby rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $536,656,000, to remain available until September
30, 2012.
[[Page 121 STAT. 2255]]
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $287,537,000, to remain available until September
30, 2012.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $148,133,000, to remain
available until September 30, 2012.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $64,430,000, to remain available until September 30,
2012.
Military Construction, Air Force Reserve
(including rescission of funds)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $28,359,000, to
remain available until September 30, 2012: Provided, That of the funds
appropriated for ``Military Construction, Air Force Reserve'' under
Public Law 109-114, $3,069,000 are hereby rescinded.
North Atlantic Treaty Organization Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $201,400,000, to remain available until expended.
Family Housing Construction, Army
(including rescission of funds)
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
[[Page 121 STAT. 2256]]
and alteration, as authorized by law, $424,400,000, to remain available
until September 30, 2012: Provided, That of the funds appropriated for
``Family Housing Construction, Army'' under Public Law 110-5, $4,559,000
are hereby rescinded.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $731,920,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $293,129,000, to remain
available until September 30, 2012.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $371,404,000.
Family Housing Construction, Air Force
(including rescission of funds)
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $327,747,000, to remain available
until September 30, 2012: Provided, That of the funds appropriated for
``Family Housing Construction, Air Force'' under Public Law 108-132,
$15,000,000 are hereby rescinded.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $688,335,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $48,848,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$500,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
[[Page 121 STAT. 2257]]
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law, $104,176,000,
to remain available until September 30, 2012, which shall be only for
the Assembled Chemical Weapons Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $295,689,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $7,235,591,000, to
remain <<NOTE: Notification. Deadline.>> available until expended:
Provided, That the Department of Defense shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to obligating an
amount for a construction project that exceeds or reduces the amount
identified for that project in the most recently submitted budget
request for this account by 20 percent or $2,000,000, whichever is less:
Provided further, That the previous proviso shall not apply to projects
costing less than $5,000,000, except for those projects not previously
identified in any budget submission for this account and exceeding the
minor construction threshold under 10 U.S.C. 2805.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may be
used for advances to the Federal Highway Administration, Department of
Transportation, for the construction of access roads as authorized by
section 210 of title 23, United States Code, when projects authorized
therein are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may be used
to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers
[[Page 121 STAT. 2258]]
or the Naval Facilities Engineering Command, except: (1) where there is
a determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise determined
by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. <<NOTE: Notification.>> None of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. None of the funds made available in this title may be used
for the procurement of steel for any construction project or activity
for which American steel producers, fabricators, and manufacturers have
been denied the opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. <<NOTE: Notification.>> None of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with host
nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Sea, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. <<NOTE: Notification. Military exercises.>> The Secretary
of Defense is to inform the appropriate committees of both Houses of
Congress, including the Committees on Appropriations, of the plans and
scope of any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current
[[Page 121 STAT. 2259]]
fiscal year shall be obligated during the last two months of the fiscal
year.
(including transfer of funds)
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds made
available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
Sec. 118. (a) <<NOTE: Deadlines. Reports. 22 USC 1928 note.>> The
Secretary of Defense, in consultation with the Secretary of State, shall
submit to the Committees on Appropriations of both Houses of Congress,
by February 15 of each year, an annual report, in unclassified and, if
necessary classified form, on actions taken by the Department of Defense
and the Department of State during the previous fiscal year to encourage
host countries to assume a greater share of the common defense burden of
such countries and the United States.
(b) The report under subsection (a) shall include a description of--
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of the
United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise imparted
to host countries upon the cessation of United States operations
at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed to
NATO by host countries, in dollars and in terms of the percent
of the total NATO budget.
(c) In this section, the term ``host country'' means other member
countries of NATO, Japan, South Korea, and United States allies
bordering the Arabian Sea.
[[Page 121 STAT. 2260]]
(including transfer of funds)
Sec. 119. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(including transfer of funds)
Sec. 120. <<NOTE: Notification.>> Subject to 30 days prior
notification to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That appropriations
made available to the Funds shall be available to cover the costs, as
defined in section 502(5) of the Congressional Budget Act of 1974, of
direct loans or loan guarantees issued by the Department of Defense
pursuant to the provisions of subchapter IV of chapter 169 of title 10,
United States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied housing, and
supporting facilities.
Sec. 121. (a) <<NOTE: Deadline. Notice.>> Not later than 60 days
before issuing any solicitation for a contract with the private sector
for military family housing the Secretary of the military department
concerned shall submit to the Committees on Appropriations of both
Houses of Congress the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments) proposed
to be made by the Secretary to the private party under the contract
involved in the event of--
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.
[[Page 121 STAT. 2261]]
(including transfer of funds)
Sec. 122. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program. Any amounts
transferred shall be merged with and be available for the same purposes
and for the same time period as the fund to which transferred.
Sec. 123. <<NOTE: 10 USC 2821 note.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Reports. Deadline.>> further, That the Under Secretary
of Defense (Comptroller) is to report annually to the Committees on
Appropriations of both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer quarters for
the prior fiscal year.
Sec. 124. <<NOTE: Inquiry request. Deadline.>> Whenever the
Secretary of Defense or any other official of the Department of Defense
is requested by the subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on Appropriations of the
House of Representatives or the subcommittee on Military Construction,
Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate to respond to a question or inquiry
submitted by the chairman or another member of that subcommittee
pursuant to a subcommittee hearing or other activity, the Secretary (or
other official) shall respond to the request, in writing, within 21 days
of the date on which the request is transmitted to the Secretary (or
other official).
Sec. 125. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 126. None of the funds made available in this title, or in any
Act making appropriations for military construction which remain
available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at or
for a military installation approved for closure, or at a military
installation for the purposes of supporting a function that has been
approved for realignment to another installation, in 2005 under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C.
[[Page 121 STAT. 2262]]
2687 note), unless such a project at a military installation approved
for realignment will support a continuing mission or function at that
installation or a new mission or function that is planned for that
installation, or unless the Secretary of Defense certifies that the cost
to the United States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if the project
is at an active component base that shall be established as an enclave
or in the case of projects having multi-agency use, that another
Government agency has indicated it will assume ownership of the
completed project. The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military construction
project, land acquisition, or family housing project to another account
or use such funds for another purpose or project without the prior
approval of the Committees on Appropriations of both Houses of Congress.
This section shall not apply to military construction projects, land
acquisition, or family housing projects for which the project is vital
to the national security or the protection of health, safety, or
environmental quality: Provided, <<NOTE: Notification. Deadline.>> That
the Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a military
construction project.
(including transfer of funds)
Sec. 127. During the 5-year period after appropriations available in
this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making authorized
adjustments to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated balances of
such appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
Sec. 128. None of the funds in this title shall be used for any
activity related to the construction of an Outlying Landing Field in
Washington County, North Carolina.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment
[[Page 121 STAT. 2263]]
of premiums due on commercial life insurance policies guaranteed under
the provisions of title IV of the Servicemembers Civil Relief Act (50
U.S.C. App. 541 et seq.) and for other benefits as authorized by
sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61
of title 38, United States Code, $41,236,322,000, to remain available
until expended: Provided, That not to exceed $28,583,000 of the amount
appropriated under this heading shall be reimbursed to ``General
operating expenses'' and ``Medical administration'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical care
collections fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 34, 35, 36, 39,
51, 53, 55, and 61 of title 38, United States Code, $3,300,289,000, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by title 38, United
States Code, chapters 19 and 21, $41,250,000, to remain available until
expended.
Veterans Housing Benefit Program Fund Program Account
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That during fiscal year 2008, within the resources available,
not to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $154,562,000.
Vocational Rehabilitation Loans Program Account
(including transfer of funds)
For the cost of direct loans, $71,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided
[[Page 121 STAT. 2264]]
further, That funds made available under this heading are available to
subsidize gross obligations for the principal amount of direct loans not
to exceed $3,287,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $311,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
Native American Veteran Housing Loan Program Account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $628,000.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI of chapter
20 of title 38, United States Code, not to exceed $750,000 of the
amounts appropriated by this Act for ``General operating expenses'' and
``Medical administration'' may be expended.
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, food services, and salaries and expenses
of health-care employees hired under title 38, United States Code, and
aid to State homes as authorized by section 1741 of title 38, United
States Code; $29,104,220,000, plus reimbursements, of which not less
than $2,900,000,000 shall be expended for specialty mental health care
and not less than $130,000,000 shall be expended for the homeless grants
and per diem program: Provided, That of the funds made available under
this heading, not to exceed $1,350,000,000 shall be available until
September 30, 2009: Provided further, <<NOTE: Priorities.>> That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided
further, <<NOTE: Priorities.>> That, notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall give priority funding
for the provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That, notwithstanding any
other provision of law, the Secretary of Veterans Affairs may authorize
the dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous proviso
shall incur no additional cost to the Department of Veterans Affairs:
Provided further, That for the Department of Defense/Department of
Veterans
[[Page 121 STAT. 2265]]
Affairs Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, a minimum of $15,000,000, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
MEDICAL ADMINISTRATION
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.):
$3,517,000,000, plus reimbursements, of which $250,000,000 shall be
available until September 30, 2009.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services, $4,100,000,000, plus
reimbursements, of which $350,000,000 shall be available until September
30, 2009: Provided, That $325,000,000 for non-recurring maintenance
provided under this heading shall be allocated in a manner not subject
to the Veterans Equitable Resource Allocation.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $480,000,000, plus reimbursements, to remain
available until September 30, 2009.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; and hire of passenger motor vehicles, $195,000,000, of which
not to exceed $20,000,000 shall be available until September 30, 2009.
[[Page 121 STAT. 2266]]
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $1,605,000,000: Provided, That expenses for
services and assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That the Veterans Benefits Administration
shall be funded at not less than $1,327,001,000: Provided further, That
of the funds made available under this heading, not to exceed
$75,000,000 shall be available for obligation until September 30, 2009:
Provided further, That from the funds made available under this heading,
the Veterans Benefits Administration may purchase (on a one-for-one
replacement basis only) up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.
Information Technology Systems
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; including pay and associated cost
for operations and maintenance associated staff; for the capital asset
acquisition of information technology systems, including management and
related contractual costs of said acquisitions, including contractual
costs associated with operations authorized by section 3109 of title 5,
United States Code, $1,966,465,000, to be available
until <<NOTE: Expenditure plan.>> September 30, 2009: Provided, That
none of these funds may be obligated until the Department of Veterans
Affairs submits to the Committees on Appropriations of both Houses of
Congress, and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review requirements
established by the Office of Management and Budget; (2) complies with
the Department of Veterans Affairs enterprise architecture; (3) conforms
with an established enterprise life cycle methodology; and (4) complies
with the acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government: Provided
further, That <<NOTE: Deadline. Reprogramming letter.>> within 30 days
of enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress a
reprogramming base letter which provides, by project, the costs included
in this appropriation.
[[Page 121 STAT. 2267]]
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $80,500,000, of which
$5,000,000 shall be available until September 30, 2009.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, and 8122 of title 38, United States Code, including
planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project were made
available in a previous major project appropriation, $1,069,100,000, to
remain available until expended, of which $2,000,000 shall be to make
reimbursements as provided in section 13 of the Contract Disputes Act of
1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided,
That except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other capital
asset management related activities, including portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund, including needs assessments which may or may
not lead to capital investments, none of the funds appropriated under
this heading shall be used for any project which has not been approved
by the Congress in the
budgetary <<NOTE: Deadlines. Contracts.>> process: Provided further,
That funds provided in this appropriation for fiscal year 2008, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2008; and (2) by the
awarding of a construction <<NOTE: Reports.>> contract by September 30,
2009: Provided further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both Houses of
Congress a written report on any approved major construction project for
which obligations are not incurred within the time limitations
established above: Provided further, That none of the funds appropriated
in this or any other Act may be used to reduce the mission, services, or
infrastructure, including land, of the 18 facilities on the Capital
Asset Realignment for Enhanced Services (CARES) list requiring further
study, as specified by the Secretary of Veterans Affairs, without prior
approval of the Committees on Appropriations of both Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or
[[Page 121 STAT. 2268]]
for the use of the Department of Veterans Affairs, including planning
and assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, 8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$630,535,000, to remain available until expended, along with unobligated
balances of previous ``Construction, minor projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section: Provided,
That funds in this account shall be available for: (1) repairs to any of
the nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary to
prevent or to minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $165,000,000, to remain
available until expended.
grants for construction of state veterans cemeteries
For grants to assist States in establishing, expanding, or improving
State veterans cemeteries as authorized by section 2408 of title 38,
United States Code, $39,500,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2008 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, <<NOTE: Transfer
authority. Deadline.>> That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and such Committees issue an approval, or absent a response, a
period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for fiscal year 2008, in this Act
or any other Act, under the ``Medical services'', ``Medical
Administration'', and ``Medical facilities'' accounts may be transferred
among the accounts to the extent necessary to implement the
restructuring of the Veterans Health Administration accounts:
[[Page 121 STAT. 2269]]
Provided, That <<NOTE: Transfer authority.>> before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code, hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the appropriations
for ``Construction, major projects'', and ``Construction, minor
projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical services'' account at such rates as
may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2007.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during fiscal
year 2008, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life
Insurance Fund (38 U.S.C. 1923), and the United States Government Life
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in such an
insurance program during fiscal year 2008 that are available for
dividends in that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further, That if the
cost of administration of such an insurance program exceeds the amount
of surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further, That
the Secretary shall determine the cost of administration for fiscal year
2008 which is properly allocable to the provision of each such insurance
program and to the provision of any total disability income insurance
included in that insurance program.
[[Page 121 STAT. 2270]]
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services provided
at rates which will recover actual costs but not exceed $32,067,000 for
the Office of Resolution Management and $3,148,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
credited to ``General operating expenses'' for use by the office that
provided the service.
Sec. 211. <<NOTE: Reports. Deadline.>> No appropriations in this
title shall be available to enter into any new lease of real property if
the estimated annual rental is more than $300,000 unless the Secretary
submits a report which the Committees on Appropriations of both Houses
of Congress approve within 30 days following the date on which the
report is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal) may be
deposited into the ``Construction, major projects'' and ``Construction,
minor projects'' accounts and be used for construction (including site
acquisition and disposition), alterations, and improvements of any
medical facility under the jurisdiction or for the use of the Department
of Veterans Affairs. Such sums as realized are in addition to the amount
provided for in ``Construction, major projects'' and ``Construction,
minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
[[Page 121 STAT. 2271]]
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
Sec. 216. <<NOTE: Alaska.>> Notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall allow veterans who are
eligible under existing Department of Veterans Affairs medical care
requirements and who reside in Alaska to obtain medical care services
from medical facilities supported by the Indian Health Service or tribal
organizations. The Secretary shall: (1) limit the application of this
provision to rural Alaskan veterans in areas where an existing
Department of Veterans Affairs facility or Veterans Affairs-contracted
service is unavailable; (2) require participating veterans and
facilities to comply with all appropriate rules and regulations, as
established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services
activities; and (4) result in no additional cost to the Department of
Veterans Affairs or the Indian Health Service.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds available to the Department of Veterans
Affairs, in this Act, or any other Act, may be used to replace the
current system by which the Veterans Integrated Services Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 219. None of the funds made available in this title may be used
to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 220. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the financial status of the Veterans Health Administration.
(including transfer of funds)
Sec. 221. Amounts made available under the ``Medical services'',
``Medical Administration'', ``Medical facilities'', ``General operating
expenses'', and ``National Cemetery Administration'' accounts for fiscal
year 2008, may be transferred to or from the ``Information technology
systems'' account: Provided, That <<NOTE: Transfer authority.>> 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.
[[Page 121 STAT. 2272]]
Sec. 222. Amounts made available for the ``Information technology
systems'' account may be transferred <<NOTE: Transfer
authority. Deadline.>> between projects: Provided, That no project may
be increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 223. Any balances in prior year accounts established for the
payment of benefits under the Reinstated Entitlement Program for
Survivors shall be transferred to and merged with amounts available
under the ``Compensation and pensions'' account, and receipts that would
otherwise be credited to the accounts established for the payment of
benefits under the Reinstated Entitlement Program for Survivors program
shall be credited to amounts available under the ``Compensation and
pensions'' account.
Sec. 224. Prohibition on Disposal of Department of Veterans Affairs
Lands and Improvements at West Los Angeles Medical Center, California.
(a) In General.--The Secretary of Veterans Affairs may not declare as
excess to the needs of the Department of Veterans Affairs, or otherwise
take any action to exchange, trade, auction, transfer, or otherwise
dispose of, or reduce the acreage of, Federal land and improvements at
the Department of Veterans Affairs West Los Angeles Medical Center,
California, encompassing approximately 388 acres on the north and south
sides of Wilshire Boulevard and west of the 405 Freeway.
(b) Special Provision Regarding Lease With Representative of the
Homeless.--Notwithstanding any provision of this Act, section 7 of the
Homeless Veterans Comprehensive Services Act of 1992 (Public Law 102-
590) shall remain in effect.
(c) Conforming Amendment.--Section 8162(c)(1) of title 38, United
States Code, is amended--
(1) by inserting ``or section 224(a) of the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2008'' after ``section 421(b)(2) of the
Veterans' Benefits and Services Act of 1988 (Public Law 100-322;
102 Stat. 553)''; and
(2) <<NOTE: 38 USC 8162 note.>> by striking ``that section''
and inserting ``such sections''.
(d) Effective Date.--This section, including the amendment made by
this section, shall apply with respect to fiscal year 2008 and each
fiscal year thereafter.
Sec. 225. <<NOTE: Research. Gulf War.>> The Department shall
continue research into Gulf War Illness at levels not less than those
made available in fiscal year 2007, within available funds contained in
this Act.
Sec. 226. (a) <<NOTE: Deadlines. Website. 5 USC app. 6 note.>> Not
later than 30 days after the date of the enactment of this Act, the
Inspector General of the Department of Veterans Affairs shall establish
and maintain on the homepage of the Internet website of the Office of
Inspector General a mechanism by which individuals can anonymously
report cases of waste, fraud, or abuse with respect to the Department of
Veterans Affairs.
(b) Not later than 30 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall establish and maintain on
the homepage of the Internet website of the Department of Veterans
Affairs a direct link to the Internet website of the Office of Inspector
General of the Department of Veterans Affairs.
[[Page 121 STAT. 2273]]
Sec. 227. (a) Upon a determination by the Secretary of Veterans
Affairs that such action is in the national interest, and will have a
direct benefit for veterans through increased access to treatment, the
Secretary of Veterans Affairs may transfer not more than $5,000,000 to
the Secretary of Health and Human Services for the Graduate Psychology
Education Program, which includes treatment of veterans, to support
increased training of psychologists skilled in the treatment of post-
traumatic stress disorder, traumatic brain injury, and related
disorders.
(b) The Secretary of Health and Human Services may only use funds
transferred under this section for the purposes described in subsection
(a).
(c) <<NOTE: Notification.>> The Secretary of Veterans Affairs shall
notify Congress of any such transfer of funds under this section.
Sec. 228. None of the funds appropriated or otherwise made available
by this Act or any other Act for the Department of Veterans Affairs may
be used in a manner that is inconsistent with--
(1) section 842 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506);
or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 229. The Secretary of Veterans Affairs may carry out a major
medical facility lease in fiscal year 2008 in an amount not to exceed
$12,000,000 to implement the recommendations outlined in the August 2007
Study of South Texas Veterans' Inpatient and Specialty Outpatient Health
Care Needs.
(including rescission of funds)
Sec. 230. Of the amounts made available for ``Veterans Health
Administration, Medical Services'' in Public Law 110-28, $66,000,000 are
rescinded. For an additional amount for ``Departmental Administration,
Construction, Major Projects'', $66,000,000, to be available until
expended: Provided, That the amount provided by this section is
designated as described in section 5 (in the matter preceding division A
of this consolidated Act).
Sec. 231. Section 1710(f)(2)(B) of title 38, United States Code, is
amended by striking ``September 30, 2007,'' and inserting ``September
30, 2008,''.
Sec. 232. Section 1729(a)(2)(E) of title 38, United States Code, is
amended by striking ``October 1, 2007,'' and inserting ``October 1,
2008,''.
Sec. 233. <<NOTE: Mississippi. Real property.>> The unobligated
balance of funds appropriated under the heading ``Construction, Major
Projects'' in Public Law 109-234 for environmental clean-up and removal
of debris from the Department of Veterans Affairs property in Gulfport,
Mississippi, shall be available to the Department to replace missing
doors and windows, and to repair roofs, of the buildings identified by
the City of Gulfport, Mississippi, that will convey with the property,
to prevent further environmental damage to the interior infrastructure
of these buildings: Provided, That the amount provided by this section
is designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
Sec. 234. Notwithstanding any other provision of law, increases
necessary to carry out section 3674 of title 38, United States Code at a
level equal to fiscal year 2007 shall be available from amounts
[[Page 121 STAT. 2274]]
provided in this title for ``Departmental Administration, General
Operating Expenses''.
Sec. 235. (a) Emergency Designation.--Notwithstanding any other
provision of this title (except section 230), of the amounts otherwise
provided by this title for the following accounts, the following amounts
are designated as emergency requirements and necessary to meet emergency
needs pursuant to subsections (a) and (b) of section 204 of S. Con. Res.
21 (110th Congress), the concurrent resolution on the budget for fiscal
year 2008:
Veterans Health Administration, Medical Services,
$1,936,549,000.
Veterans Health Administration, Medical Administration,
$75,000,000.
Veterans Health Administration, Medical Facilities,
$508,000,000.
Veterans Health Administration, Medical and Prosthetic
Research, $69,000,000.
National Cemetery Administration, $28,191,000.
Departmental Administration, General Operating Expenses,
$133,163,000.
Departmental Administration, Information Technology Systems,
$107,248,000.
Departmental Administration, Office of the Inspector
General, $7,901,000.
Departmental Administration, Construction, Major Projects,
$341,700,000.
Departmental Administration, Construction, Minor Projects,
$397,139,000.
Departmental Administration, Grants for Construction of
State Extended Care Facilities, $80,000,000.
Departmental Administration, Grants for Construction of
State Veterans Cemeteries, $7,500,000.
(b) Contingent Appropriation.--Any <<NOTE: Deadline. Budget
request. President.>> amount appropriated in this title that is
designated by the Congress as an emergency requirement pursuant to
subsection (a) shall be made available only after submission to the
Congress by January 18, 2008, a formal budget request by the President
that includes designation of the entire amount of the request as an
emergency requirement.
(c) Requirement for Availability.--None of the funds described in
subsection (a) shall become available for obligation unless all such
funds are made available for obligation.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
Salaries and Expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor
[[Page 121 STAT. 2275]]
vehicles; not to exceed $7,500 for official reception and representation
expenses; and insurance of official motor vehicles in foreign countries,
when required by law of such countries, $44,600,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, $11,000,000, to remain available until
expended, for purposes authorized by section 2109 of title 36, United
States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $22,717,000, of which $1,210,000
shall be available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $31,230,000, to
remain available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for
Defense Agencies account.
Funds appropriated under this Act may be provided to Arlington
County, Virginia, for the relocation of the federally-owned water main
at Arlington National Cemetery making additional land available for
ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $55,724,000.
General Fund Payment, Armed Forces Retirement Home
For payment to the ``Armed Forces Retirement Home'', $800,000, to
remain available until expended.
[[Page 121 STAT. 2276]]
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. Such sums as may be necessary for fiscal year 2008 for pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 407. <<NOTE: Submissions.>> Unless stated otherwise, all
reports and notifications required by this Act shall be submitted to the
Subcommittee on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the House of
Representatives and the Subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on Appropriations of the
Senate.
Sec. 408. <<NOTE: Deadline. Reports.>> The Director of the
Congressional Budget Office shall, not later than February 1, 2008,
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report projecting annual appropriations
necessary for the Department of Veterans Affairs to continue providing
necessary health care to veterans for fiscal years 2009 through 2012.
Sec. 409. None <<NOTE: Colorado.>> of the funds appropriated or
otherwise made available in this Act may be used for any action that is
related to or promotes the expansion of the boundaries or size of the
Pinon Canyon Maneuver Site, Colorado.
Sec. 410. (a) In this section:
(1) The term ``City'' means the City of Aurora, Colorado.
(2) The term ``deed'' means the quitclaim deed--
(A) conveyed by the Secretary to the City; and
(B) dated May 24, 1999.
(3) The term ``non-Federal land'' means--
[[Page 121 STAT. 2277]]
(A) parcel I of the Fitzsimons Army Medical Center,
Colorado; and
(B) the parcel of land described in the deed.
(4) The term ``Secretary'' means the Secretary of the
Interior.
(b)(1) In accordance with paragraph (2), to allow the City to convey
by donation to the United States the non-Federal land to be used by the
Secretary of Veterans Affairs for the construction of a veterans medical
facility.
(2) In carrying out paragraph (1), with respect to the non-Federal
land, the Secretary shall forego exercising any rights provided by the--
(A) deed relating to a reversionary interest of the United
States; and
(B) any other reversionary interest of the United States.
This division may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2008''.
DIVISION J--DEPARTMENT <<NOTE: Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008.>> 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
[[Page 121 STAT. 2278]]
to consular services: Provided further, That <<NOTE: Establishment.>> of
the amount appropriated under this heading, $2,000,000 shall be
available for the Secretary to establish and operate a public/private
interagency public diplomacy center which shall serve as a program
integration and coordination entity for United States public diplomacy
programs: Provided further, That of the amounts appropriated under this
heading, $4,000,000, to remain available until expended, shall be for
compensation to the families of members of the Foreign Service or other
United States Government employees or their dependents, who were killed
in terrorist attacks since 1979: Provided further, That none of the
funds made available for compensation in the previous proviso may be
obligated without specific authorization in a subsequent Act of
Congress: Provided further, That during fiscal year 2008, foreign
service annuitants may be employed, notwithstanding section 316.401 of
title 5, Code of Federal Regulations, pursuant to waivers under section
824(g)(1)(C)(ii) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)(1)(C)(ii)): Provided further, <<NOTE: Reports. Russia. Human
rights.>> That of the funds appropriated under this heading, $5,000,000
shall be made available for the Ambassador's Fund for Cultural
Preservation: Provided further, That of the funds appropriated under
this heading, $500,000 may not be available for obligation until the
Secretary of State submits a report to the Committees on Appropriations
outlining a plan to increase the capacity of United States Embassy
Moscow to monitor human rights and Russian laws relating to the press
and civil society groups, and consults with the Committees on
Appropriations concerning such plan: Provided further, <<NOTE: 22 USC
2706a.>> That the Secretary may transfer to and merge with ``Emergencies
in the Diplomatic and Consular Service'' for rewards payments
unobligated balances of funds appropriated under ``Diplomatic and
Consular Programs'' for this fiscal year and for each fiscal year
hereafter, at no later than the end of the fifth fiscal year after the
fiscal year for which any such funds were appropriated or otherwise made
available: Provided further, That funds available under this heading may
be available for a United States Government interagency task force to
examine, coordinate and oversee United States participation in the
United Nations
headquarters <<NOTE: Satellites. China. Deadline. Notification.>> renovat
ion project: Provided further, That no funds may be obligated or
expended for processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite components)
to the People's Republic of China unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed action:
Provided further, That funds appropriated under this heading are
available, pursuant to 31 U.S.C. 1108(g), for the field examination of
programs and activities in the United States funded from any account
contained in this title.
In addition, not to exceed $1,558,390 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act; in addition, as authorized by section 5 of
such Act, $490,000, to be derived from the reserve authorized by that
section, to be used for the purposes set out in that section; in
addition, as authorized by section 810 of the United States Information
and Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation from
fees or other payments received from English teaching, library, motion
pictures, and publication
[[Page 121 STAT. 2279]]
programs and from fees from educational advising and counseling and
exchange visitor programs; and, in addition, not to exceed $15,000,
which shall be derived from reimbursements, surcharges, and fees for use
of Blair House facilities.
In addition, for the costs of worldwide security protection,
$974,760,000, to remain available until expended: Provided, That of the
amount provided by this paragraph, $206,632,000 is designated as
described in section 5 (in the matter preceding division A of this
consolidated Act).
Capital Investment Fund
For necessary expenses of the Capital Investment Fund, $60,062,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$34,008,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections.
Educational and Cultural Exchange Programs
For expenses of educational and cultural exchange programs, as
authorized, $505,441,000, to remain available until expended: Provided,
That not to exceed $5,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
Representation Allowances
For representation allowances as authorized, $8,175,000.
Protection of Foreign Missions and Officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$23,000,000, to remain available until September 30, 2009.
Embassy Security, Construction, and Maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $761,216,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies.
[[Page 121 STAT. 2280]]
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $676,000,000, to remain
available until expended.
emergencies in the diplomatic and consular service
(including transfer of funds)
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$9,000,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to and merged with the
``Repatriation Loans Program Account'', subject to the same terms and
conditions.
Repatriation Loans Program Account
(Including Transfer of Funds)
For the cost of direct loans, $678,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses necessary to carry out the
direct loan program, $607,000, which may be transferred to and merged
with ``Diplomatic and Consular Programs''.
Payment to the American Institute in Taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $16,351,000.
Payment to the Foreign Service Retirement and Disability Fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $158,900,000.
International Organizations
Contributions to International Organizations
For <<NOTE: 22 USC 269a note.>> 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, <<NOTE: Budget. United
Nations.>> That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided
further, <<NOTE: Notification. Deadline. United Nations.>> That the
Secretary of State shall notify the Committees on Appropriations at
least 15 days in advance (or in an emergency, as far in advance as is
practicable) of any United Nations action to increase funding for any
United Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget and cause the United Nations
budget for the biennium 2008-2009 to exceed the revised United Nations
budget level for the biennium 2006-2007 of $4,173,895,900: Provided
further, That any payment of arrearages under this title
[[Page 121 STAT. 2281]]
shall be directed toward activities that are mutually agreed upon by the
United States and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known to
the United States Government by such organization for loans incurred on
or after October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,700,500,000, of
which 15 percent shall remain available until September 30, 2009:
Provided, <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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 <<NOTE: Certification.>> mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the Committees on Appropriations that
American manufacturers and suppliers are being given opportunities to
provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That of the amount
provided by this paragraph, $468,000,000 is designated as described in
section 5 (in the matter preceding division A of this consolidated Act).
International Commissions
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
[[Page 121 STAT. 2282]]
Mexico, and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $30,430,000.
Construction
For detailed plan preparation and construction of authorized
projects, $88,425,000, to remain available until expended, as
authorized.
American Sections, International Commissions
For <<NOTE: Canada.>> necessary expenses, not otherwise provided,
for the International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$10,940,000: Provided, <<NOTE: Availability date. Reports.>> That of the
amount provided under this heading for the International Joint
Commission, $9,000 may be made available for representation expenses 45
days after submission to the Committees on Appropriations of a report
detailing obligations, expenditures, and associated activities for
fiscal years 2005, 2006, and 2007, including any unobligated funds which
expired at the end of each fiscal year and the justification for why
such funds were not obligated.
Of the funds made available in the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006, Public Law 109-
108, as continued by the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Law 110-5), for
the International Joint Commission (119 Stat. 2323), $300,000 for the
Lake Champlain Basin Program shall remain available for the purposes
intended until September 30, 2009.
International Fisheries Commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $26,527,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324: Provided further,
That funds appropriated under this heading shall be available for
programs in the amounts contained in the table included in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) accompanying this Act and no
proposal for deviation from those amounts shall be considered.
Other
Payment to the Asia Foundation
For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), $15,500,000, to remain available until
expended, as authorized.
[[Page 121 STAT. 2283]]
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2008, to remain
available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2008, to remain available until
expended: Provided, <<NOTE: Contracts.>> That none of the funds
appropriated herein shall be used to pay any salary or other
compensation, or to enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376; or for
purposes which are not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for personal
services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
2008, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$19,500,000: Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.
RELATED AGENCIES
Broadcasting Board of Governors
International Broadcasting Operations
For <<NOTE: Cuba. Middle East.>> 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
[[Page 121 STAT. 2284]]
exceed $35,000 may be used for representation abroad as authorized, and
not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and in
addition, notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from business
ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carrying out
authorized purposes: Provided further, That of the amount provided by
this paragraph, $12,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated Act).
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio and television transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception as authorized, $10,748,000, to remain
available until expended, as authorized.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section 1303 of
Public Law 99-83.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$3,300,000, to remain available until September 30, 2009.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $2,370,000, to remain
available until September 30, 2009.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized, $2,000,000, including not
more than $3,000 for the purpose of official representation, to remain
available until September 30, 2009.
[[Page 121 STAT. 2285]]
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, <<NOTE: Spending plan. Deadline.>> 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, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Effective date.>> That for purposes of costs relating
to printing and binding, the Commission shall be deemed, effective on
the date of its establishment, to be a committee of Congress: Provided
further, That compensation for the executive director of the Commission
may not exceed the rate payable for level II of the Executive Schedule
under section 5314 of title 5, United States Code: Provided
further, <<NOTE: 22 USC 7002.>> That section 1238(c)(1) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001, is
amended by striking ``June'' and inserting ``December'': Provided
further, That travel by members of the Commission and its staff shall be
arranged and conducted under the rules and procedures applying to travel
by members of the House of Representatives and its staff.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of the
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
99; 118 Stat. 448), $150,000, to remain available until September 30,
2009.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $25,000,000, to
remain available until September 30, 2009.
GENERAL PROVISIONS--THIS TITLE
allowances and differentials
Sec. 101. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
[[Page 121 STAT. 2286]]
unobligated balances report
Sec. 102. The Department of State and the Broadcasting Board of
Governors shall provide to the Committees on Appropriations a quarterly
accounting of the cumulative balances of any unobligated funds that were
received by such agency during any previous fiscal year.
Embassy Construction
Sec. 103. (a) Of funds provided under title I of this Act, except as
provided in subsection (b), a project to construct a diplomatic facility
of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not
provided to the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113 Stat.
1501A-453), as amended by section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the Marine Corps.
peacekeeping missions
Sec. 104. <<NOTE: United Nations. President.>> None of the funds
made available under title I of this Act may be used for any United
Nations undertaking when it is made known to the Federal official having
authority to obligate or expend such funds that: (1) the United Nations
undertaking is a peacekeeping mission; (2) such undertaking will involve
United States Armed Forces under the command or operational control of a
foreign national; and (3) the President's military advisors have not
submitted to the President a recommendation that such involvement is in
the national security interests of the United States and the President
has not submitted to the Congress such a recommendation.
denial of visas
Sec. 105. (a) None of the funds appropriated or otherwise made
available under title I of this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) <<NOTE: Applicability.>> The requirements in subsections (b) and
(c) of section 616 of that Act shall continue to apply during fiscal
year 2008.
senior policy operating group
Sec. 106. (a) The Senior Policy Operating Group on Trafficking in
Persons, established under section 105(f) of the Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate
agency activities regarding policies (including grants and grant
policies) involving the international trafficking in persons,
[[Page 121 STAT. 2287]]
shall coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.
(b) None of the funds provided under title I of this or any other
Act making appropriations for Department of State and Related Agencies
shall be expended to perform functions that duplicate coordinating
responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 105(f).
UNITED STATES CITIZENS BORN IN JERUSALEM
Sec. 107. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
consulting services
Sec. 108. <<NOTE: Contracts.>> The expenditure of any appropriation
under title I of this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued pursuant to existing law.
Compliance With Section 609
Sec. 109. (a) None of the funds appropriated or otherwise made
available under title I of this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) <<NOTE: Applicability.>> The requirements in subparagraphs (A)
and (B) of section 609 of that Act shall continue to apply during fiscal
year 2008.
state department authorities
Sec. 110. Funds appropriated under title I of this Act for the
Broadcasting Board of Governors and the Department of State may be
obligated and expended notwithstanding section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236), and section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
Personnel Actions
Sec. 111. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 615 of title VI of this Act and shall not be
available for obligation
[[Page 121 STAT. 2288]]
or expenditure except in compliance with the procedures set forth in
that section.
restrictions on united nations delegations
Sec. 112. None of the funds made available under title I of this Act
may be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if such
commission is chaired or presided over by a country, the government of
which the Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), has provided support for acts of international terrorism.
PEACEKEEPING ASSESSMENT
Sec. 113. <<NOTE: 22 USC 287e note.>> Section 404(b)(2)(B) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, (22
U.S.C. 287e note) is amended at the end by adding the following: ``(v)
For assessments made during calendar year 2008, 27.1 percent.''.
alhurra broadcasting
Sec. 114. <<NOTE: Certification. Reports. Terrorism.>> Funds
appropriated for the programs and activities of Alhurra in fiscal year
2008 may be made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that Alhurra does not
advocate on behalf of any organization that the Secretary knows, or has
reason to believe, engages in terrorist activities.
department of state inspector general
Sec. 115. (a) Link to <<NOTE: Deadline. Website. 5 USC app. 6
note.>> Office of Inspector General From Homepage of Department of
State.--Not later than 30 days after the date of the enactment of this
Act, the Secretary of State shall establish and maintain on the homepage
of the Internet website of the Department of State a direct link to the
Internet website of the Office of Inspector General of the Department of
State.
(b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not later than
30 days after the date of the enactment of this Act, the Inspector
General of the Department of State shall establish and maintain on the
homepage of the Internet website of the Office of Inspector General a
mechanism by which individuals can anonymously report cases of waste,
fraud, or abuse with respect to the Department of State.
CONSULAR OPERATIONS
Sec. 116. <<NOTE: Iraq. Deadline.>> The Secretary of State shall
establish limited consular operations in Iraq within 180 days of
enactment of this Act in which designated categories of aliens may apply
and interview for admission to the United States.
INTERNATIONAL BOUNDARY AND WATER COMMISSION
Sec. 117. <<NOTE: Negotiations. Plans. Reports.>> 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
[[Page 121 STAT. 2289]]
capability of at least 25 million gallons per day (mgd) from the Tijuana
River, subject to the following conditions: (1) IBWC shall resume
negotiations in accordance with section 804 of Public Law 106-457; (2)
IBWC shall prepare design and engineering plans to upgrade the South Bay
International Wastewater Treatment Plant to treat 25 mgd to secondary
treatment and update its conceptual designs for a scalable project
capable of treating up to 100 mgd to secondary at the facility; and (3)
none of the funds made available by this section may be obligated for
construction before the Government Accountability Office completes a
report on the proposed projects.
Commission Financial Management
Sec. 118. (a) Requirement for <<NOTE: Compliance.>> Performance
Reviews.--The United States-China Economic and Security Review
Commission shall comply with chapter 43 of title 5, United States Code,
regarding the establishment and regular review of employee performance
appraisals.
(b) Limitation on Cash Awards.--The United States-China Economic and
Security Review Commission shall comply with section 4505a of title 5,
United States Code, with respect to limitations on payment of
performance-based cash awards.
TITLE II
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $1,000,000, to remain available until September 30, 2009.
program account
The <<NOTE: Contracts.>> 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, <<NOTE: 12 USC 635 note.>> That notwithstanding section 1(c) of
Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-
428 shall remain in effect through October 1, 2008: Provided further,
That not less than 10 percent of the aggregate loan, guarantee, and
insurance authority available to
[[Page 121 STAT. 2290]]
the Export-Import Bank under this Act should be used for renewable
energy and environmentally beneficial products and services.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $68,000,000, to remain available until September 30,
2011: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such <<NOTE: Termination
date.>> 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, <<NOTE: Notification.>> That none of the funds appropriated by
this Act or any prior Act appropriating funds for foreign operations,
export financing, and related programs for tied-aid credits or grants
may be used for any other purpose except through the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945,
in connection with the purchase or lease of any product by any Eastern
European country, any Baltic State or any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, $78,000,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided
further, <<NOTE: Termination date.>> That notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection (a)
thereof shall remain in effect until October 1, 2008.
RECEIPTS COLLECTED
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, <<NOTE: Effective date. Termination date. 12 USC 635a
note.>> 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.
[[Page 121 STAT. 2291]]
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $47,500,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $23,500,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
be available for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2008, 2009, and 2010: Provided
further, That funds so obligated in fiscal year 2008 remain available
for disbursement through 2016; funds obligated in fiscal year 2009
remain available for disbursement through 2017; funds obligated in
fiscal year 2010 remain available for disbursement through 2018:
Provided further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to undertake any
program authorized by title IV of the Foreign Assistance Act of 1961 in
Iraq: Provided further, <<NOTE: Notification.>> That funds made
available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $50,400,000, to remain available
until September 30, 2009.
[[Page 121 STAT. 2292]]
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2008, unless otherwise
specified herein, as follows:
global health and child survival
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for global health
activities, in addition to funds otherwise available for such purposes,
$1,843,150,000, to remain available until September 30, 2009, and which
shall be apportioned directly to the United States Agency for
International Development: Provided, That this <<NOTE: HIV/
AIDS.>> 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, <<NOTE: Avian flu. Notification.>> That of the funds
appropriated under this paragraph, $115,000,000 shall be made available
to combat
[[Page 121 STAT. 2293]]
avian influenza, of which $15,000,000 shall be made available,
notwithstanding any other provision of law except section 551 of Public
Law 109-102, to enhance the preparedness of militaries in Asia and
Africa to respond to an avian influenza pandemic, subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, <<NOTE: Abortion. Sterilization.>> That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, <<NOTE: Deadline.>> That
any determination made under the previous proviso must be made no later
than six months after the date of enactment of this Act, and must be
accompanied by a comprehensive analysis as well as the complete evidence
and criteria utilized to make the determination: Provided
further, <<NOTE: Abortion.>> That none of the funds made available under
this Act may be used to pay for the performance of abortion as a method
of family planning or to motivate or coerce any person to practice
abortions: Provided further, That nothing in this paragraph shall be
construed to alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961: Provided
further, <<NOTE: Lobbying.>> That none of the funds made available under
this Act may be used to lobby for or against abortion: Provided
further, <<NOTE: Abortion. Deadline. Reports.>> That in order to reduce
reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly
or through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary family
planning project shall meet the following requirements: (1) service
providers or referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph
[[Page 121 STAT. 2294]]
(4) of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding <<NOTE: Nondiscrimi- nation. Compliance.>> grants for natural
family planning under section 104 of the Foreign Assistance Act of 1961
no applicant shall be discriminated against because of such applicant's
religious or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That for
purposes of this or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided further,
That to the <<NOTE: Condoms.>> maximum extent feasible, taking into
consideration cost, timely availability, and best health practices,
funds appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available only for
the procurement of condoms manufactured in the United States: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by this
Act shall be medically accurate and shall include the public health
benefits and failure rates of such use: Provided further, That of the
amount provided by this paragraph, $115,000,000 is designated as
described in section 5 (in the matter preceding division A of this
consolidated Act).
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $4,700,000,000, to remain
available until expended, and which shall be apportioned directly to the
Department of State: Provided, That of the funds appropriated under this
paragraph, $550,000,000 shall be made available, notwithstanding any
other provision of law, except for the United States Leadership Against
HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25) for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum rate
necessary to make timely payment for projects and activities: Provided
further, That up to 5 percent of the aggregate amount of funds made
available to the Global Fund in fiscal year 2008 may be made available
to the United States Agency for International Development for technical
assistance related to the activities of the Global Fund: Provided
further, That of the funds appropriated under this paragraph, up to
$13,000,000 may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the Office
of the Global AIDS Coordinator: Provided further, That funds made
available under this heading shall be made available notwithstanding the
second sentence of section 403(a) of Public Law 108-25.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, and sections 251 through 255, and chapter 10 of part I of the
Foreign Assistance Act of 1961, $1,636,881,000, to remain available
until September 30, 2009: Provided, That of the funds appropriated under
this heading that are made available for assistance programs for
displaced and orphaned children and
[[Page 121 STAT. 2295]]
victims of war, not to exceed $43,000, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of such programs: Provided further, That $400,000,000 should
be allocated for basic education: Provided further, That of the funds
appropriated by this Act, not less than $245,000,000 shall be made
available for microenterprise and microfinance development programs for
the poor, especially women: Provided further, That of the funds
appropriated under this heading, not less than $28,000,000 shall be made
available for Collaborative Research Support Programs: Provided further,
That of the funds appropriated under this heading, $750,000 shall be
made available to implement 7 U.S.C. section 1736g-2(a)(2)(C) to improve
food aid product quality and nutrient delivery: Provided further, That
of the funds appropriated under this heading, not less than $22,500,000
shall be made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated under this
heading, $12,000,000 should be made available for cooperative
development programs within the Office of Private and Voluntary
Cooperation: Provided further, That funds appropriated under this
heading should be made available for programs to address sexual and
gender-based violence: Provided further, That of the funds appropriated
in this Act, not less than $300,000,000 shall be made available for safe
drinking water and sanitation supply projects, including water
management related to safe drinking water and sanitation, only to
implement the Senator Paul Simon Water for the Poor Act of 2005 (Public
Law 109-121), of which not less than $125,000,000 should be made
available for such projects in Africa: Provided further, That of the
funds appropriated under this heading, not less than $15,000,000 shall
be made available for programs to improve women's leadership capacity in
recipient countries, and $10,000,000 may be made available to support a
fund that enhances economic opportunities for very poor, poor, and low-
income women in developing countries.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $432,350,000, to remain
available until expended, of which $20,000,000 should be for famine
prevention and relief: Provided further, That of the amount provided by
this paragraph, $110,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated Act).
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $45,000,000, to remain available until expended,
to support transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include assistance
to develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided
further, <<NOTE: Reports. Deadline.>> That the United States Agency for
International Development shall submit a report to the Committees on
Appropriations at least 5
[[Page 121 STAT. 2296]]
days prior to beginning a new program of assistance: Provided further,
That if the President determines that it is important to the national
interests of the United States to provide transition assistance in
excess of the amount appropriated under this heading, up to $15,000,000
of the funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for purposes of
this heading and under the authorities applicable to funds appropriated
under this heading: Provided further, That funds made available pursuant
to the previous proviso shall be made available subject to prior
consultation with the Committees on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$21,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Eastern Europe and the Baltic States'': Provided, That such funds
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of the Act: Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That funds made <<NOTE: Notification.>> 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, <<NOTE: Applicability.>> That the
provisions of section 107A(d) (relating to general provisions applicable
to the Development Credit Authority) of the Foreign Assistance Act of
1961, as contained in section 306 of H.R. 1486 as reported by the House
Committee on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this heading:
Provided further, That these funds are available to subsidize total loan
principal, any portion of which is to be guaranteed, of up to
$700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,160,000, which may be transferred to and merged with the
appropriation for Operating Expenses of the United States Agency for
International Development: Provided, That funds made available under
this heading shall remain available until September 30, 2010.
operating expenses of the united states agency for international
development
(including transfer of funds)
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $655,800,000, of which up to
$25,000,000 may remain available until September 30, 2009:
Provided, <<NOTE: Reports. Deadline.>> That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made
[[Page 121 STAT. 2297]]
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 <<NOTE: Notification.>> year 2009: Provided further, That any
decision to open a new overseas mission or office of the United States
Agency for International Development or, except where there is a
substantial security risk to mission personnel, to close or
significantly reduce the number of personnel of any such mission or
office, shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds appropriated to
carry out chapter 1 of part I of such Act to ``Operating Expenses of the
United States Agency for International Development'' in accordance with
the provisions of those sections: Provided further, That of the amount
provided by this paragraph, $20,800,000 is designated as described in
section 5 (in the matter preceding division A of this consolidated Act).
capital investment fund of the united states agency for international
development
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $88,000,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise available
for such purposes: Provided further, That funds
appropriated <<NOTE: Notification.>> under this heading shall be
available for obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $38,000,000, to remain available
until September 30, 2009, which sum shall be available for the Office of
the Inspector General of the United States Agency for International
Development.
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $2,994,823,000,
[[Page 121 STAT. 2298]]
to remain available until <<NOTE: Egypt. Grants.>> 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, <<NOTE: Jordan.>> 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, <<NOTE: Certification.>> 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
[[Page 121 STAT. 2299]]
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, <<NOTE: Notification.>> 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, <<NOTE: Lebanon.>> 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 <<NOTE: Afghanistan. Certification.>> 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, <<NOTE: Reports.>> 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
[[Page 121 STAT. 2300]]
this heading may be made available for programs and activities for the
Central Highlands of <<NOTE: Notification.>> Vietnam: Provided further,
That notwithstanding any other provision of law, of the funds
appropriated under this heading, up to $53,000,000 may be made available
for energy-related assistance for North Korea, subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading that are made
available for a Middle East Financing Facility, Middle East Enterprise
Fund, or any other similar entity in the Middle East shall be subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That of the amount provided by this paragraph,
$542,568,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $15,000,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2009.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $295,950,000, to remain available until
September 30, 2009, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States.
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(c) <<NOTE: Applicability.>> The provisions of section 628 of this
Act shall apply to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act, including
provisions in this subsection regarding the application of section 628
of this Act, local currencies generated by, or converted from, funds
appropriated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East European
Democracy SEED Act of 1989.
(d) <<NOTE: President. Certification.>> 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
[[Page 121 STAT. 2301]]
activities between state sponsors of terrorism and terrorist
organizations and Bosnian officials has not been terminated.
assistance for the independent states of the former soviet union
For necessary expenses to carry out the provisions of chapters 11
and 12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM
Support Act, for assistance for the Independent States of the former
Soviet Union and for related programs, $399,735,000, to remain available
until September 30, 2009: Provided, That
the <<NOTE: Applicability.>> provisions of such chapters shall apply to
funds appropriated by this paragraph: Provided further, That funds made
available for the Southern Caucasus region may be used, notwithstanding
any other provision of law, for confidence-building measures and other
activities in furtherance of the peaceful resolution of regional
conflicts, especially those in the vicinity of Abkhazia and Nagorno-
Karabagh: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading in this Act or prior Acts
making appropriations for foreign operations, export financing, and
related programs, that are made available pursuant to the provisions of
section 807 of Public Law 102-511 shall be subject to a 6 percent
ceiling on administrative expenses.
Independent Agencies
Inter-American Foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $21,000,000, to remain available
until September 30, 2009.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law 96-533,
$30,000,000, to remain available until September 30, 2009: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, (1) in exceptional circumstances the Board
of Directors of the Foundation may waive the $250,000 limitation
contained in that section with respect to a project and (2) a project
may exceed the limitation by up to $10,000 if the increase is due solely
to foreign currency fluctuation: Provided
further, <<NOTE: Reports.>> That the Foundation shall provide a report
to the Committees on Appropriations after each time such waiver
authority is exercised.
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use
[[Page 121 STAT. 2302]]
outside of the United States, $333,500,000, to remain available until
September 30, 2009: Provided, <<NOTE: Abortions.>> That none of the
funds appropriated under this heading shall be used to pay for
abortions: Provided further, That the Director may transfer to the
Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515,
an amount not to exceed $2,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations.
Millennium Challenge Corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003, $1,557,000,000, to remain available until
expended: Provided, That of the funds appropriated under this heading,
up to $88,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation: Provided further, That up to 10
percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the Millennium
Challenge Act of 2003 for candidate countries for fiscal year 2008:
Provided further, <<NOTE: Reports.>> 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, <<NOTE: Applicability.>> That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds appropriated under
this heading: Provided further, That funds appropriated under this
heading may be made available for a Millennium Challenge Compact entered
into pursuant to section 609 of the Millennium Challenge Act of 2003
only if such Compact obligates, or contains a commitment to obligate
subject to the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the United
States Government funding anticipated for the duration of the Compact.
Department of State
DEMOCRACY FUND
(a) <<NOTE: Notification.>> For necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the promotion of
democracy globally, $164,000,000, of which the following amounts shall
be made available, subject to the regular notification procedures of the
Committees on Appropriations, until September 30, 2010--
(1) $64,000,000 for the Human Rights and Democracy Fund of
the Bureau of Democracy, Human Rights and Labor, Department of
State, of which $15,000,000 shall be for democracy and rule of
law programs in the People's Republic of China, Hong Kong, and
Taiwan: Provided, That assistance for Taiwan should be matched
from sources other than the United States Government: Provided
further, That $5,000,000 shall be made available for programs
and activities for the promotion of democracy in countries
located outside the Middle East region with a significant Muslim
population, and where such programs and activities would be
important to United States efforts to
[[Page 121 STAT. 2303]]
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, <<NOTE: Consultation.>> That the Department of
State shall consult with the Committees on Appropriations prior
to the initial obligation of funds made available pursuant to
the previous proviso; and
(2) $100,000,000 for the National Endowment for Democracy:
Provided, That of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'',
``Assistance for Eastern Europe and the Baltic States'', and
``Assistance for the Independent States of the Former Soviet
Union'', an additional $11,000,000 should be made available to
support the ongoing programs and activities of the National
Endowment for Democracy.
(b) Funds appropriated by this Act that are made available for the
promotion of democracy may be made available notwithstanding any other
provision of law and, with regard to the National Endowment for
Democracy, any regulation. Funds appropriated under this heading are in
addition to funds otherwise available for such purposes.
(c) For the purposes of funds appropriated by this Act, the term
``promotion of democracy'' means programs that support good governance,
human rights, independent media, and the rule of law, and otherwise
strengthen the capacity of democratic political parties, governments,
nongovernmental organizations and institutions, and citizens to support
the development of democratic states, institutions, and practices that
are responsive and accountable to citizens.
(d) <<NOTE: Contracts. Grants. Notification.>> Any contract, grant
or cooperative agreement (or any amendment to any contract, grant, or
cooperative agreement) in excess of $2,500,000 for the promotion of
democracy under this Act shall be subject to the regular notification
procedures of the Committees on Appropriations.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $558,449,000, to remain available until
September 30, 2010: Provided, <<NOTE: Notification.>> 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, <<NOTE: Deadline. Reports.>> 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
[[Page 121 STAT. 2304]]
further, That of the funds appropriated under this heading, not less
than $39,750,000 shall be made available for judicial, human rights,
rule of law and related activities for Colombia, of which not less than
$20,000,000 shall be made available for the Office of the Attorney
General, of which $5,000,000 shall be for the Human Rights Unit,
$5,000,000 shall be for the Justice and Peace Unit, $7,000,000 shall be
used to support a witness protection program for victims of armed
groups, and $3,000,000 shall be for investigations of mass graves and
identification of remains: Provided further, That of the funds
appropriated under this heading that are available for assistance for
Colombia, $8,000,000 shall be available for human rights activities,
$5,500,000 shall be available for judicial reform, $3,000,000 shall be
for the Office of the Procuraduria General de la Nacion, $2,000,000
shall be for the Office of the Defensoria del Pueblo, and $750,000
should be made available for a United States contribution to the Office
of the United Nations High Commissioner for Human Rights in Colombia to
support monitoring and public reporting of human rights conditions in
the field: Provided further, That of the funds appropriated under this
heading, not more than $38,000,000 may be available for administrative
expenses.
andean counterdrug programs
(including transfer of funds)
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $327,460,000, to remain available until
September 30, 2010: Provided, <<NOTE: Deadline. Reports.>> 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 <<NOTE: Notification.>> 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, <<NOTE: President. Helicopter. Columbia.>> That the President
shall ensure that if any helicopter procured with funds in this Act or
prior Acts making appropriations
[[Page 121 STAT. 2305]]
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, <<NOTE: Certification.>> 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 <<NOTE: Certification.>> 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 <<NOTE: Reports.>> 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, <<NOTE: Certification.>> That funds appropriated by this
[[Page 121 STAT. 2306]]
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, <<NOTE: Certification. Human
rights.>> That funds appropriated under this heading that are made
available for assistance for the Bolivian military and police may be
made available for such purposes only if the Secretary of State
certifies to the Committees on Appropriations that the Bolivian military
and police are respecting human rights and cooperating fully with
investigations and prosecutions by civilian judicial authorities of
military and police personnel who have been implicated in gross
violations of human rights: Provided further, That of the funds
appropriated under this heading, not more than $17,000,000 may be
available for administrative expenses of the Department of State, and
not more than $7,800,000 may be available, in addition to amounts
otherwise available for such purposes, for administrative expenses of
the United States Agency for International Development.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$1,029,900,000, to remain available until expended: Provided, That not
more than $23,000,000 may be available for administrative expenses:
Provided further, That not less than $40,000,000 of the funds made
available under this heading shall be made available for refugees
resettling in Israel: Provided further, That funds made available under
this heading shall be made available for assistance for refugees from
North Korea: Provided further, That of the amount provided by this
paragraph, $200,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $45,000,000, to remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $487,000,000, to carry out
the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of
[[Page 121 STAT. 2307]]
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, <<NOTE: Reports.>> That funds appropriated under this heading
may be made available for the International Atomic Energy Agency only if
the Secretary of State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in the activities of
that Agency: Provided further, That of the funds made available for
demining and related activities, not to exceed $700,000, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and management of the
demining program: Provided further, That funds appropriated under this
heading that are available for ``Anti-terrorism Assistance'' and
``Export Control and Border Security'' shall remain available until
September 30, 2009.
Department of the Treasury
International Affairs Technical Assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $20,400,000, to remain available
until September 30, 2010, which shall be available notwithstanding any
other provision of law.
Debt Restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961, of modifying concessional credit agreements with least developed
countries, as authorized under section 411 of the Agricultural Trade
Development and Assistance Act of 1954, as amended, of concessional
loans, guarantees and credit agreements, as authorized under section
[[Page 121 STAT. 2308]]
572 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into law by
section 1000(a)(5) of Public Law 106-113, $30,300,000, to remain
available until September 30, 2010: Provided, That not less than
$20,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the enhanced
HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, <<NOTE: Human rights.>> That funds may not be paid to
the HIPC Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of internationally
recognized human rights or in military or civil conflict that undermines
its ability to develop and implement measures to alleviate poverty and
to devote adequate human and financial resources to that end: Provided
further, That on the basis of final appropriations, the Secretary of the
Treasury shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are expected to
benefit from a United States contribution to the HIPC Trust Fund during
the fiscal year: Provided further, That the Secretary of the Treasury
shall inform the Committees on Appropriations not less than 15 days in
advance of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC Trust Fund
only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to accept
new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote economic
growth that are additional to or expand upon those previously
available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided
further, <<NOTE: Notification.>> 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.
[[Page 121 STAT. 2309]]
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, <<NOTE: Notification.>> That funds made available under this
heading in the second proviso and for assistance for Haiti, Guatemala,
the Democratic Republic of the Congo, Sri Lanka, Ethiopia, Bangladesh,
Libya, Angola, and Nigeria may only be provided through the regular
notification procedures of the Committees on Appropriations and any such
notification shall include a detailed description of proposed
activities.
Foreign Military Financing Program
(including transfer of funds)
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,588,325,000: Provided, That of the funds appropriated under this
heading, not less than $2,400,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be made available for
grants <<NOTE: Israel. Deadline.>> 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, <<NOTE: Certification. Morocco. Human rights.>> 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
[[Page 121 STAT. 2310]]
on Appropriations that the Government of Morocco is continuing to make
progress on human rights, and is allowing all persons to advocate freely
their views regarding the status and future of the Western Sahara
through the exercise of their rights to peaceful expression, association
and assembly and to document violations of human rights in that
territory without harassment: Provided further, That funds appropriated
or otherwise made available by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export Control
Act: Provided further, That funds made available under this paragraph
shall be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a): Provided
further, That $4,000,000 of the funds appropriated under this heading
shall be transferred to and merged with funds appropriated under the
heading ``Diplomatic and Consular Programs'' to be made available to the
Bureau of Democracy, Human Rights and Labor, Department of State, to
ensure adequate monitoring of the uses of assistance made available
under this heading in countries where such monitoring is most needed, in
addition to amounts otherwise available for such purposes.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, <<NOTE: Notification.>> 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
[[Page 121 STAT. 2311]]
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, <<NOTE: Egypt. Deadline.>> That foreign military
financing program funds estimated to be outlayed for Egypt during fiscal
year 2008 shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of enactment of
this Act: Provided further, That of the amount provided by this
paragraph, $100,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $263,230,000: Provided, That of the
funds made available under this heading, not less than $25,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai: Provided further, That none of
the funds appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the amount
provided by this paragraph, $35,000,000 is designated as described in
section 5 (in the matter preceding division A of this consolidated Act).
TITLE V
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
International Financial Institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $81,763,000 to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility, by the
Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $950,000,000, to remain available until
expended.
Contribution to the Enterprise for the Americas Multilateral Investment
Fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $25,000,000, to remain available until
expended.
[[Page 121 STAT. 2312]]
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $75,153,000,
to remain available until expended.
Contribution to the African Development Bank
For payment to the African Development Bank by the Secretary of the
Treasury, $2,037,000, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $31,918,770.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$135,684,000, to remain available until expended.
Contribution to the European Bank for Reconstruction and Development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $10,159 for the United States share of
the paid-in portion of the increase in capital stock, to remain
available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $18,072,000, to remain available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $319,485,000.
TITLE VI
GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 601. (a) No funds appropriated in titles II through V of this
Act may be made as payment to any international financial institution
while the United States Executive Director to such institution is
compensated by the institution at a rate which,
[[Page 121 STAT. 2313]]
together with whatever compensation such Director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States Director to such institution is compensated by the institution at
a rate in excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
restriction on contributions to the united nations
Sec. 602. None of the funds appropriated or otherwise made available
under any title of this Act may be made available to make any assessed
contribution or voluntary payment of the United States to the United
Nations if the United Nations implements or imposes any taxation on any
United States persons.
limitation on residence expenses
Sec. 603. Of the funds appropriated or made available pursuant to
title III of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year: Provided, That appropriate
steps shall be taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu of dollars.
unobligated balances report
Sec. 604. Any Department or Agency to which funds are appropriated
or otherwise made available by this Act shall provide to the Committees
on Appropriations a quarterly accounting of cumulative balances by
program, project, and activity of the funds received by such Department
or Agency in this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
limitation on representational allowances
Sec. 605. Of the funds appropriated or made available pursuant to
titles II through V of this Act, not to exceed $250,000 shall be
available for representation and entertainment allowances, of which not
to exceed $4,000 shall be available for entertainment allowances, for
the United States Agency for International Development during the
current fiscal year: Provided, That no such entertainment funds may be
used for the purposes listed in section 648 of this Act: Provided
further, That appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars: Provided further, That of the funds made
available by this Act for general costs of administering military
assistance and sales under the heading ``Foreign Military Financing
Program'', not to exceed $4,000 shall be available for entertainment
expenses and not to
[[Page 121 STAT. 2314]]
exceed $130,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act under the
heading ``International Military Education and Training'', not to exceed
$55,000 shall be available for entertainment allowances: Provided
further, That of the funds made available by this Act for the Inter-
American Foundation, not to exceed $3,000 shall be available for
entertainment and representation allowances: Provided further, That of
the funds made available by this Act for the Peace Corps, not to exceed
a total of $4,000 shall be available for entertainment expenses:
Provided further, That of the funds made available by this Act under the
heading ``Trade and Development Agency'', not to exceed $4,000 shall be
available for representation and entertainment allowances: Provided
further, That of the funds made available by this Act under the heading
``Millennium Challenge Corporation'', not to exceed $115,000 shall be
available for representation and entertainment allowances.
prohibition on taxation of united states assistance
Sec. 606. (a) Prohibition <<NOTE: Negotiations.>> on Taxation.--None
of the funds appropriated under titles II through V of this Act may be
made available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of <<NOTE: Certification. Reports.>> Foreign
Taxes.--An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2008 on funds appropriated by this Act by a foreign
government or entity against commodities financed under United States
assistance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors and subcontractors shall be
withheld from obligation from funds appropriated for assistance for
fiscal year 2009 and allocated for the central government of such
country and for the West Bank and Gaza Program to the extent that the
Secretary of State certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the policy of this section to ensure
that United States assistance is not subject to
taxation.
[[Page 121 STAT. 2315]]
(2) <<NOTE: Consultation. Deadline.>> The Secretary of State
shall consult with the Committees on Appropriations at least 15
days prior to exercising the authority of this subsection with
regard to any country or entity.
(f) Implementation.--The <<NOTE: Regulations.>> Secretary of State
shall issue rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained
in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
prohibition against direct funding for certain countries
Sec. 607. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits,
insurance and guarantees of the Export-Import Bank or its agents.
military coups
Sec. 608. None of the funds appropriated or otherwise made available
pursuant to titles II through V of this Act shall be obligated or
expended to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by military
coup or decree: Provided, <<NOTE: President. Certification.>> That
assistance may be resumed to such government if the President determines
and certifies to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office: Provided further, That the provisions of this section shall not
apply to assistance to promote democratic elections or public
participation in democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on Appropriations.
transfer authority
Sec. 609. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of State under title I of
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such
[[Page 121 STAT. 2316]]
transfers: Provided, That not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Broadcasting Board of
Governors under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section 615
(a) and (b) of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2008, for programs under title II of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such receiving
account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such authority shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(c)(1) Limitation on Transfers Between Agencies.--None of the funds
made available under titles II through V of this Act may be transferred
to any department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made by,
or authorized elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961 may be
allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(d) Transfers Between <<NOTE: President. Notification.>> Accounts.--
None of the funds made available under titles II through V of this Act
may be obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President provides notification in accordance with the
regular notification procedures of the Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the transfer
or allocation of funds appropriated by this Act, or prior Acts, entered
into between the United States Agency for International Development and
another agency of the United States Government under the authority of
section 632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of the
Inspector General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits of the
use of such funds: Provided, That funds transferred under such authority
may be made available for the cost of such audits.
commercial leasing of defense articles
Sec. 610. <<NOTE: President.>> 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
[[Page 121 STAT. 2317]]
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft
having possible civilian application), if the President determines that
there are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
availability of funds
Sec. 611. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part
I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
the Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the headings ``Assistance for
Eastern Europe and the Baltic States'' and ``Development Credit
Authority'', shall remain available for an additional 4 years from the
date on which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 which are allocated
or obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
until expended.
limitation on assistance to countries in default
Sec. 612. <<NOTE: President.>> No part of any appropriation provided
under titles II through V in this Act shall be used to furnish
assistance to the government of any country which is in default during a
period in excess of one calendar year in payment to the United States of
principal or interest on any loan made to the government of such country
by the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines, following
consultations with the Committees on Appropriations, that assistance to
such country is in the national interest of the United States.
commerce and trade
Sec. 613. (a) None of the funds appropriated or made available
pursuant to titles II through V of this Act for direct assistance and
none of the funds otherwise made available to the Export-Import Bank and
the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not
[[Page 121 STAT. 2318]]
apply to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman of the Board so
notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 614. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury
shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated or
made available pursuant to titles II through V of this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
reprogramming notification requirements
Sec. 615. (a) <<NOTE: Deadlines.>> 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.
[[Page 121 STAT. 2319]]
(b) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds provided under
title I of this Act, or provided under previous appropriations Acts to
the agencies or department funded under title I of this Act that remain
available for obligation or expenditure in fiscal year 2008, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies or department funded by
title I of this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming of funds
in excess of $750,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2) reduces by 10
percent funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress; or (3)
results from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the Committees
on Appropriations are notified 15 days in advance of such reprogramming
of funds.
(c) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds made available
under titles II through V of this Act for ``Global Health and Child
Survival'', ``Development Assistance'', ``International Organizations
and Programs'', ``Trade and Development Agency'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Programs'', ``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the Independent States of the Former Soviet Union'',
``Economic Support Fund'', ``Democracy Fund'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating Expenses of the
United States Agency for International Development'', ``Operating
Expenses of the United States Agency for International Development
Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Millennium Challenge Corporation''
(by country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for obligation
for activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of the amount
justified to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the Arms Export
Control Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this subsection shall
not apply to any reprogramming for an activity, program, or project for
which funds are appropriated under titles III or IV of this Act of less
than 10 percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal
year.
(d) The requirements of this section or any similar provision of
this Act or any other Act, including any prior Act requiring
[[Page 121 STAT. 2320]]
notification in accordance with the regular notification procedures of
the Committees on Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided, That
in case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context of
the circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
limitation on availability of funds for international organizations and
programs
Sec. 616. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles II through
V of this Act or any previously enacted Act making appropriations for
foreign operations, export financing, and related programs, which are
returned or not made available for organizations and programs because of
the implementation of section 307(a) of the Foreign Assistance Act of
1961, shall remain available for obligation until September 30, 2009:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
is <<NOTE: 22 USC 2227.>> amended by striking ``Libya,''.
independent states of the former soviet union
Sec. 617. (a) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act:
Provided, <<NOTE: President.>> That such funds may be made available
without regard to the restriction in this subsection if the President
determines that to do so is in the national security interest of the
United States.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(c) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(e)(1) <<NOTE: President. Certification.>> 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
[[Page 121 STAT. 2321]]
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation--
(A) has terminated implementation of arrangements to provide
Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(f) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
prohibition on funding for abortions and involuntary sterilization
Sec. 618. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
[[Page 121 STAT. 2322]]
allocations
Sec. 619. (a) Funds provided in this Act for the following accounts
shall be made available for programs and countries in the amounts
contained in the respective tables included in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) accompanying this Act:
``Educational and Cultural Exchange Programs''.
``American Sections, International Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former Soviet
Union''.
``Democracy Fund''.
``International Narcotics Control and Law Enforcement''.
``Andean Counterdrug Programs''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts contained in
such tables in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) shall be subject
to the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act of 1961.
special notification requirements
Sec. 620. None of the funds appropriated under titles II through V
of this Act shall be obligated or expended for assistance for Serbia,
Sudan, Zimbabwe, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico,
Nepal, or Cambodia except as provided through the regular notification
procedures of the Committees on Appropriations.
definition of program, project, and activity
Sec. 621. <<NOTE: Reports. Deadline.>> 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.
[[Page 121 STAT. 2323]]
global health and child survival activities
Sec. 622. Up to $13,500,000 of the funds made available by this Act
in title III for assistance under the heading ``Global Health and Child
Survival'', may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of carrying out
activities under that heading: Provided, That up to $3,500,000 of the
funds made available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such agencies,
institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided further,
That funds appropriated by titles III and IV of this Act that are made
available for bilateral assistance for child survival activities or
disease programs including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for the provisions
under the heading ``Global Health and Child Survival'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided
further, That of the funds appropriated under title III of this Act, not
less than $461,000,000 shall be made available for family planning/
reproductive health.
afghanistan
Sec. 623. Of the funds appropriated under titles III and IV of this
Act, not less than $1,057,050,000 should be made available for
assistance for Afghanistan: Provided, That of the funds made available
pursuant to this section, $3,000,000 should be made available for
reforestation activities: Provided further, That funds made available
pursuant to the previous proviso should be matched, to the maximum
extent possible, with contributions from American and Afghan businesses:
Provided further, That of the funds allocated for assistance for
Afghanistan from this Act not less than $75,000,000 shall be made
available to support programs that directly address the needs of Afghan
women and girls, including for the Afghan Independent Human Rights
Commission, the Afghan Ministry of Women's Affairs, and for women-led
nonprofit organizations in Afghanistan: Provided further, That of the
funds appropriated by this Act that are available for Afghanistan,
$20,000,000 should be made available through United States universities
to develop agriculture extension services for Afghan farmers, $2,000,000
should be made available for a United States contribution to the North
Atlantic Treaty Organization/International Security Assistance Force
Post-Operations Humanitarian Relief Fund, and not less than $10,000,000
should be made available for continued support of the United States
Agency for International Development's Afghan Civilian Assistance
Program.
notification on excess defense equipment
Sec. 624. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance
[[Page 121 STAT. 2324]]
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere in
this Act for the use of appropriated funds for specific countries that
would receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
global fund management
Sec. 625. (a) <<NOTE: Certification.>> Notwithstanding any other
provision of this Act, 20 percent of the funds that are appropriated by
this Act for a contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be withheld from
obligation to the Global Fund until the Secretary of State certifies to
the Committees on Appropriations that the Global Fund--
(1) is releasing incremental disbursements only if grantees
demonstrate progress against clearly defined performance
indicators;
(2) is providing support and oversight to country-level
entities, such as country coordinating mechanisms, principal
recipients, and Local Fund Agents (LFAs), to enable them to
fulfill their mandates;
(3) has a full-time, professional, independent Office of
Inspector General that is fully operational;
(4) requires LFAs to assess whether a principal recipient
has the capacity to oversee the activities of sub-recipients;
(5) is making progress toward implementing a reporting
system that breaks down grantee budget allocations by
programmatic activity;
(6) has adopted and is implementing a policy to publish on a
publicly available website the reports of the Global Fund's
Inspector General in a manner that is consistent with the Policy
for Disclosure of Reports of the Inspector General as approved
at the 16th Meeting of the Board of the Global Fund to Fight
AIDS, Tuberculosis and Malaria; and
(7) is tracking and encouraging the involvement of civil
society, including faith-based organizations, in country
coordinating mechanisms and program implementation.
(b) <<NOTE: Reports. Deadline.>> The Secretary of State shall submit
a report to the Committees on Appropriations not later than 120 days
after enactment of this Act on the involvement of faith-based
organizations in Global Fund programs. The report shall include--
(1) on a country-by-country basis--
(A) a description of the amount of grants and sub-
grants provided to faith-based organizations; and
(B) a detailed description of the involvement of
faith-based organizations in the Country Coordinating
Mechanism (CCM) process of the Global Fund; and
[[Page 121 STAT. 2325]]
(2) a description of actions the Global Fund is taking to
enhance the involvement of faith-based organizations in the CCM
process, particularly in countries in which the involvement of
faith-based organizations has been underrepresented.
prohibition on bilateral assistance to terrorist countries
Sec. 626. (a) <<NOTE: President.>> Funds appropriated for bilateral
assistance under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the enactment of
this Act, shall not be made available to any country which the President
determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) <<NOTE: Waiver authority.>> 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. <<NOTE: Federal
Register, publication. Deadline. Notification.>> The President shall
publish each waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
debt-for-development
Sec. 627. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development may
place in interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under title III
of this Act and, subject to the regular notification procedures of the
Committees on Appropriations, any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
separate accounts
Sec. 628. (a) Separate <<NOTE: 22 USC 2362 note.>> Accounts for
Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of
that country, the Administrator of the United States Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
[[Page 121 STAT. 2326]]
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account established
pursuant to subsection (a) shall be disposed of for such
purposes as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted to
the Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At <<NOTE: President.>> 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
[[Page 121 STAT. 2327]]
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on Appropriations.
enterprise fund restrictions
Sec. 629. (a) Prior to the distribution of any assets resulting from
any liquidation, dissolution, or winding up of an Enterprise Fund, in
whole or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
(b) Funds made available under titles II through V of this Act for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
financial market assistance
Sec. 630. Of the funds appropriated by this Act under the headings
``Trade and Development Agency'', ``Development Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``International
Affairs Technical Assistance'', ``Assistance for the Independent States
of the Former Soviet Union'', ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made available for
building capital markets and financial systems in countries eligible to
receive United States assistance.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 631. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. <<NOTE: Reports.>> The agency shall promptly report to the
Committees on Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which assistance is
prohibited.
impact on jobs in the united states
Sec. 632. None of the funds appropriated under titles II through V
of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
[[Page 121 STAT. 2328]]
workers rights, as defined in section 507(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
COMPREHENSIVE EXPENDITURES REPORT
Sec. 633. Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the Committees
on Appropriations detailing the total amount of United States Government
expenditures in fiscal years 2005 and 2006, by Federal agency, for
programs and activities in each foreign country, identifying the line
item as presented in the President's Budget Appendix and the purpose for
which the funds were provided: Provided, That if required, information
may be submitted in classified form.
special authorities
Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--Funds
appropriated under titles II through V of this Act that are made
available for assistance for Afghanistan may be made available
notwithstanding section 612 of this Act or any similar provision of law
and section 660 of the Foreign Assistance Act of 1961, and funds
appropriated in titles II and III of this Act that are made available
for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war,
displaced children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other provision
of law.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance Act
of 1961 may be used, notwithstanding any other provision of law, for the
purpose of supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to sections
116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the United
States Agency for International Development to employ up to 25 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be assigned to
any bureau or office: Provided further, That such funds appropriated to
carry out title II of the Agricultural Trade Development
[[Page 121 STAT. 2329]]
and Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) Waiver.--The <<NOTE: President. Certification.>> President
may waive the provisions of section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of the
House of Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the United
States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United
States Agency for International Development may provide an exception to
the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small
disadvantaged business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2005 (enacted
as division D of Public Law 108-447; 118 Stat. 3038) is amended by
striking ``2007'' and inserting ``2009''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(h) China Programs.--Notwithstanding any other provision of law, of
the funds appropriated under the heading ``Development Assistance'' in
this Act, not less than $10,000,000 shall be made available to United
States educational institutions and nongovernmental organizations for
programs and activities in the People's Republic of China relating to
the environment, democracy, and the rule of law: Provided, That funds
made available pursuant to this authority shall be subject to the
regular notification procedures of the Committees on Appropriations.
(i) Middle East Foundation.--Funds appropriated by this Act and
prior Acts for a Middle East Foundation shall be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Extension of Authority.--Section 1365(c) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C.
2778 note) is amended by striking ``During the 16 year period beginning
on October 23, 1992'' and inserting ``During the 22 year period
beginning on October 23, 1992'' before the period at the end.
(k) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2007''
and inserting ``2007, and 2008''; and
(B) in subsection (e), by striking ``2007'' each
place it appears and inserting ``2008''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2007'' and inserting ``2008''.
[[Page 121 STAT. 2330]]
(l) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of the United States
Agency for International Development, from this or any other Act, not
less than $10,000,000 shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision of law.
(m) Capital Security Cost-Sharing.--Notwithstanding any other
provision of law, of the funds appropriated under the heading ``Embassy
Security, Construction, and Maintenance'', not less than $2,000,000
shall be made available for the Capital Security Cost-Sharing fees of
the Library of Congress.
(n) Disarmament, Demobilization and Reintegration.--Notwithstanding
any other provision of law, regulation or Executive order, funds
appropriated by this Act and prior Acts making appropriations for
foreign operations, export financing, and related programs under the
headings ``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', and ``Transition Initiatives''
should be made available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign terrorist
organizations: Provided, That the Secretary of State shall consult with
the Committees on Appropriations prior to the obligation of funds
pursuant to this subsection: Provided further, That for the purposes of
this subsection, ``International Disaster Assistance'' may also mean
``International Disaster and Famine Assistance'': Provided further, That
for the purposes of this subsection the term ``foreign terrorist
organization'' means an organization designated as a terrorist
organization under section 219 of the Immigration and Nationality Act.
(o) Nongovernmental Organizations.--With respect to the provision of
assistance for democracy, human rights and governance activities, the
organizations implementing such assistance and the specific nature of
that assistance shall not be subject to the prior approval by the
government of any foreign country.
(p) Prison Conditions.--Funds appropriated by this Act to carry out
the provisions of chapters 1 and 11 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and the Support for East European
Democracy (SEED) Act of 1989, may be used to provide assistance to
improve conditions in prison facilities administered by foreign
governments, including among other things, activities to improve prison
sanitation and ensure the availability of adequate food, drinking water
and medical care for prisoners: Provided, That assistance made available
under this subsection may be made available notwithstanding section 660
of the Foreign Assistance Act of 1961, and subject to the regular
notification procedures of the Committees on Appropriations.
(q) Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union.--Of the funds
appropriated by this Act under the heading, ``Economic Support Fund'',
not less than $5,000,000 shall be made available to carry out the
Program for Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union (title VIII) as authorized by the
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
4501-4508, as amended).
(r) Broadcasting Board of Governors Authority.--Section 504(c) of
the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law
107-228; 22 U.S.C. 6206 note) is amended by striking ``December 31,
2007'' and inserting ``December 31, 2008''.
[[Page 121 STAT. 2331]]
(s) Transatlantic Legislators' Dialogue Authority.--Section 109(c)
of Public Law 98-164 <<NOTE: 22 USC 276l note.>> is amended by striking
``$50,000'' and inserting ``$100,000''.
(t) OPIC Authority.--Notwithstanding <<NOTE: 22 USC 2194
note.>> section 235(a)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2195(a)(2)), the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect through April 1, 2008.
arab league boycott of israel
Sec. 635. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
eligibility for assistance
Sec. 636. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained under titles II through V of this or any other
Act with respect to assistance for a country shall not be construed to
restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out the
provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961, and from funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States'': Provided, <<NOTE: President. Notification.>> That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2008, restrictions contained
in this or any other Act with respect to assistance for
[[Page 121 STAT. 2332]]
a country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided,
That none of the funds appropriated to carry out title I of such Act and
made available pursuant to this subsection may be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
reservations of funds
Sec. 637. (a) Funds appropriated under titles II through V of this
Act which are specifically designated may be reprogrammed for other
programs within the same account notwithstanding the designation if
compliance with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That assistance that
is reprogrammed pursuant to this subsection shall be made available
under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
that are specifically designated for particular programs or activities
by this or any other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period of
availability: Provided, That such designated funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such designation.
(c) Ceilings and specifically designated funding levels contained in
this Act shall not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Specifically designated funding levels or
minimum funding requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
ASIA
Sec. 638. (a) Funding Levels.--Of the funds appropriated by this Act
under the headings ``Global Health and Child Survival'' and
``Development Assistance'', not less than the amount of funds initially
allocated for each such account pursuant to subsection 653(a) of the
Foreign Assistance Act of 1961 for fiscal year 2007 shall be made
available for Cambodia, Philippines, Vietnam, Asia and Near East
Regional, and Regional Development Mission/Asia: Provided, That for the
purposes of this subsection, ``Global Health
[[Page 121 STAT. 2333]]
and Child Survival'' shall mean ``Child Survival and Health Programs
Fund''.
(b) Burma.--
(1) <<NOTE: 50 USC 1701 note.>> The Secretary of the
Treasury shall instruct the United States executive director to
each appropriate international financial institution in which
the United States participates, to oppose and vote against the
extension by such institution any loan or financial or technical
assistance or any other utilization of funds of the respective
bank to and for Burma.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $13,000,000 shall be
made available to support democracy activities in Burma, along
the Burma-Thailand border, for activities of Burmese student
groups and other organizations located outside Burma, and for
the purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders: Provided,
That such funds may be made available notwithstanding any other
provision of law: Provided further, That in addition to
assistance for Burmese refugees provided under the heading
``Migration and Refugee Assistance'' in this Act, not less than
$3,000,000 shall be made available for community-based
organizations operating in Thailand to provide food, medical and
other humanitarian assistance to internally displaced persons in
eastern Burma: Provided further, That funds made available under
this paragraph shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Tibet.--
(1) The Secretary of the Treasury should instruct the United
States executive director to each international financial
institution to use the voice and vote of the United States to
support projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans into
Tibet or facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans; are based on a thorough
needs-assessment; foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions; and are subject to
effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $5,000,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
nongovernmental organizations to support activities which
preserve cultural traditions and promote sustainable development
and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in
China, and not less than $250,000 should be made available to
the National Endowment for Democracy for human rights and
democracy programs relating to Tibet.
prohibition on publicity or propaganda
Sec. 639. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $25,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533.
[[Page 121 STAT. 2334]]
prohibition of payments to united nations members
Sec. 640. None of the funds appropriated or made available pursuant
to titles II through V of this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United Nations or,
from funds appropriated by this Act to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961, the costs for participation of
another country's delegation at international conferences held under the
auspices of multilateral or international organizations.
requests for documents
Sec. 641. None of the funds appropriated or made available pursuant
to titles II through V of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to
provide upon timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for International
Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 642. (a) None of the funds appropriated or otherwise made
available by titles II through V of this Act may be available to any
foreign government which provides lethal military equipment to a country
the government of which the Secretary of State has determined is a
terrorist government for purposes of section 6(j) of the Export
Administration Act of 1979. <<NOTE: Termination date.>> The prohibition
under this section with respect to a foreign government shall terminate
12 months after that government ceases to provide such military
equipment. <<NOTE: Applicability.>> This section applies with respect to
lethal military equipment provided under a contract entered into after
October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of the
United States.
(c) <<NOTE: President. Reports.>> Whenever the President makes a
determination pursuant to subsection (b), the President shall submit to
the appropriate congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the estimated
dollar amount of such assistance, and an explanation of how the
assistance furthers United States national interests.
withholding of assistance for parking fines and real property taxes owed
by foreign countries
Sec. 643. (a) <<NOTE: Certification.>> 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
[[Page 121 STAT. 2335]]
stating that such parking fines and penalties and unpaid property taxes
are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may be
made available for other programs or activities funded by this Act,
after consultation with and subject to the regular notification
procedures of the Committees on Appropriations, provided that no such
funds shall be made available for assistance for the central government
of a foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property taxes owed
by such country.
(c) Subsection (a) shall not include amounts that have been withheld
under any other provision of law.
(d)(1) <<NOTE: Waiver authority. Deadline.>> The Secretary of State
may waive the requirements set forth in subsection (a) with respect to
parking fines and penalties no sooner than 60 days from the date of
enactment of this Act, or at any time with respect to a particular
country, if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set forth in
subsection (a) with respect to the unpaid property taxes if the
Secretary of State determines that it is in the national interests of
the United States to do so.
(e) <<NOTE: Deadline. Reports. New York.>> Not later than 6 months
after the initial exercise of the waiver authority in subsection (d),
the Secretary of State, after consultations with the City of New York,
shall submit a report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being taken, to
collect the parking fines and penalties and unpaid property taxes and
interest owed by nations receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes circumstances in
which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation
summons; or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(2) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2007.
(3) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against such
country by a court of the United States or any State or
subdivision thereof.
limitation on assistance for the plo for the west bank and gaza
Sec. 644. None of the funds appropriated under titles II through V
of this Act may be obligated for assistance for the Palestine
[[Page 121 STAT. 2336]]
Liberation Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle East
Peace Facilitation Act of 1995 (title VI of Public Law 104-107) or any
other legislation to suspend or make inapplicable section 307 of the
Foreign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds appropriated
by this Act may not be obligated for assistance for the Palestine
Liberation Organization for the West Bank and Gaza.
war crimes tribunals drawdown
Sec. 645. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
to $30,000,000 of commodities and services for the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish or authorize to deal with such violations,
without regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available for tribunals other
than Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be
made available subject to the regular notification procedures of the
Committees on Appropriations.
landmines and cluster munitions
Sec. 646. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the President may
prescribe.
(b) Cluster Munitions.--During the current fiscal year, no military
assistance shall be furnished for cluster munitions, no defense export
license for cluster munitions may be issued, and no cluster munitions or
cluster munitions technology shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a 99
percent or higher tested rate; and
(2) the agreement applicable to the assistance, transfer, or
sale of the cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against
clearly defined military targets and will not be used where
civilians are known to be present.
restrictions concerning the palestinian authority
Sec. 647. None of the funds appropriated under titles II through V
of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the
[[Page 121 STAT. 2337]]
United States Government for the purpose of conducting official United
States Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place in
locations other than Jerusalem. As has been true in the past, officers
and employees of the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social contacts,
and have incidental discussions.
prohibition of payment of certain expenses
Sec. 648. None of the funds appropriated or otherwise made available
under titles III or IV of this Act under the heading ``International
Military Education and Training'' or ``Foreign Military Financing
Program'' for Informational Program activities or under the headings
``Global Health and Child Survival'', ``Development Assistance'', and
``Economic Support Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
colombia
Sec. 649. (a) Assistance for Colombia.--Of the funds appropriated in
titles III and IV of this Act, not more than $545,608,000 shall be
available for assistance for Colombia.
(b) Funding Amounts and Notification.--Funds appropriated by this
Act that are available for assistance for Colombia shall be made
available in the amounts indicated in the table in the accompanying
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) and any proposed increases or
decreases to the amounts contained in such table shall be subject to the
regular notification procedures of the Committees on Appropriations.
(c) Assistance for the Colombian Armed Forces.--
(1) Funding.--Funds appropriated by this Act that are
available for assistance for the Colombian Armed Forces, may be
made available as follows:
(A) Up to 70 percent of such funds may be obligated
prior to the certification and report by the Secretary
of State pursuant to subparagraph (B).
(B) <<NOTE: Certification. Reports.>> 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).
[[Page 121 STAT. 2338]]
(2) Requirements.--The requirements referred to in paragraph
(1) are as follows:
(A) The Commander General of the Colombian Armed
Forces is suspending or placing on administrative duty,
if requested by the prosecutor, those members of the
Armed Forces, of whatever rank, who, according to the
Minister of Defense, the Attorney General or the
Procuraduria General de la Nacion, have been credibly
alleged to have committed gross violations of human
rights, including extra-judicial killings, or to have
aided or abetted paramilitary organizations or successor
armed groups.
(B) The Government of Colombia is investigating and
prosecuting, in the civilian justice system, those
members of the Colombian Armed Forces, of whatever rank,
who have been credibly alleged to have committed gross
violations of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary
organizations or successor armed groups.
(C) The Colombian Armed Forces are cooperating fully
with civilian prosecutors and judicial authorities in
such cases (including providing requested information,
such as the identity of persons suspended from the Armed
Forces and the nature and cause of the suspension, and
access to witnesses, relevant military documents, and
other requested information).
(D) The Colombian Armed Forces have taken all
necessary steps to sever links (including denying access
to military intelligence, vehicles, and other equipment
or supplies, and ceasing other forms of active or tacit
cooperation) at all levels, with paramilitary
organizations or successor armed groups, especially in
regions where such organizations have a significant
presence.
(E) The Government of Colombia is dismantling
paramilitary leadership and financial networks by
arresting and prosecuting under civilian criminal law
individuals who have provided financial, planning, or
logistical support, or have otherwise aided or abetted
paramilitary organizations or successor armed groups; by
identifying and seizing land and other assets illegally
acquired by such organizations or their associates and
returning such land or assets to their rightful
occupants or owners; by revoking reduced sentences for
demobilized paramilitaries who engage in new criminal
activity; and by arresting and prosecuting under
civilian criminal law, and when requested, promptly
extraditing to the United States members of successor
armed groups.
(F) The Government of Colombia is ensuring that the
Colombian Armed Forces are not violating the land and
property rights of Colombia's indigenous and Afro-
Colombian communities, and that the Colombian Armed
Forces are implementing procedures to distinguish
between civilians, including displaced persons, and
combatants in their operations.
(3) <<NOTE: Deadline. Certification.>> 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
[[Page 121 STAT. 2339]]
on Appropriations that the Colombian Armed Forces are continuing
to meet the requirements described in paragraph (2) and are
conducting vigorous operations to restore civilian government
authority and respect for human rights in areas under the
effective control of paramilitary organizations or successor
armed groups and guerrilla organizations.
(4) Certain funds exempted.--The requirement to withhold
funds from obligation shall not apply with respect to funds made
available under the heading ``Andean Counterdrug Programs'' for
continued support for the Critical Flight Safety Program or for
any alternative development programs in Colombia administered by
the Bureau of International Narcotics and Law Enforcement
Affairs of the Department of State.
(5) Report.--At the time the Secretary of State submits
certifications pursuant to paragraphs (1)(B) and (3) of this
subsection, the Secretary shall also submit to the Committees on
Appropriations a report that contains, with respect to each such
paragraph, a detailed description of the specific actions taken
by both the Colombian Government and Colombian Armed Forces
which support each requirement of the certification, and the
cases or issues brought to the attention of the Secretary,
including through the Department of State's annual Country
Reports on Human Rights Practices, for which the actions taken
by the Colombian Government or Armed Forces have been determined
by the Secretary of State to be inadequate.
(d) Consultative Process.--Not <<NOTE: Deadlines.>> later than 60
days after the date of enactment of this Act, and every 90 days
thereafter until September 30, 2008, the Secretary of State shall
consult with Colombian and internationally recognized human rights
organizations regarding progress in meeting the requirements contained
in subsection (c)(2).
(e) Assistance for Demobilization and Disarmament of Former
Combatants in Colombia.--
(1) Availability of funds.--Of the funds appropriated in
this Act under the heading ``Economic Support Fund'', up to
$11,442,000 may be made available in fiscal year 2008 for
assistance for the disarmament, demobilization, and
reintegration of former members of foreign terrorist
organizations (FTOs) in Colombia, if the Secretary of State
consults with and makes a certification described in paragraph
(2) to the Committees on Appropriations prior to the initial
obligation of amounts for such assistance for the fiscal year
involved.
(2) Certification.--A certification described in this
subsection is a certification that--
(A) assistance for the fiscal year will be provided
only for individuals who have: (i) verifiably renounced
and terminated any affiliation or involvement with FTOs
or other illegal armed groups; (ii) are meeting all the
requirements of the Colombia demobilization program,
including having disclosed their involvement in past
crimes and their knowledge of the FTO's structure,
financing sources, illegal assets, and the location of
kidnapping victims and bodies of the disappeared; and
(iii) are not involved in acts of intimidation or
violence;
(B) the Government of Colombia is providing full
cooperation to the Government of the United States to
[[Page 121 STAT. 2340]]
extradite the leaders and members of the FTOs who have
been indicted in the United States for murder,
kidnapping, narcotics trafficking, or other violations
of United States law, and is extraditing to the United
States those commanders, leaders and members indicted in
the United States who have breached the terms of the
Colombian demobilization program, including by failing
to fully confess their crimes, failing to disclose their
illegal assets, or committing new crimes since the
approval of the Justice and Peace Law;
(C) the Government of Colombia is not knowingly
taking any steps to legalize the titles of land or other
assets illegally obtained and held by FTOs, their
associates, or successors, has established effective
procedures to identify such land and other assets, and
is seizing and returning such land and other assets to
their rightful occupants or owners;
(D) the Government of Colombia is implementing a
concrete and workable framework for dismantling the
organizational structures of foreign terrorist
organizations; and
(E) funds shall not be made available as cash
payments to individuals and are available only for
activities under the following categories: verification,
reintegration (including training and education),
vetting, recovery of assets for reparations for victims,
and investigations and prosecutions.
(f) Illegal Armed Groups.--
(1) Denial of visas to supporters of colombian illegal armed
groups.--Subject to paragraph (2), the Secretary of State shall
not issue a visa to any alien who the Secretary determines,
based on credible evidence--
(A) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), the United Self-Defense
Forces of Colombia (AUC), or successor armed groups,
including taking actions or failing to take actions
which allow, facilitate, or otherwise foster the
activities of such groups; or
(B) has committed, ordered, incited, assisted, or
otherwise participated in the commission of a gross
violation of human rights, including extra-judicial
killings, in Colombia.
(2) Waiver.--Paragraph (1) shall not apply if the Secretary
of State certifies to the Committees on Appropriations, on a
case-by-case basis, that the issuance of a visa to the alien is
necessary to support the peace process in Colombia or for urgent
humanitarian reasons.
(g) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary or successor armed
groups, including taking actions which allow, facilitate, or
otherwise foster the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives, including those groups and cooperatives that have
formerly demobilized but continue illegal operations, as well as
parts thereof.
[[Page 121 STAT. 2341]]
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
limitation on assistance to the palestinian authority
Sec. 650. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The <<NOTE: President. Certification.>> prohibition
included in subsection (a) shall not apply if the President certifies in
writing to the Speaker of the House of Representatives, the President
pro tempore of the Senate, and the Committees on Appropriations that
waiving such prohibition is important to the national security interests
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever <<NOTE: President.>> the waiver authority
pursuant to subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the justification
for the waiver, the purposes for which the funds will be spent, and the
accounting procedures in place to ensure that the funds are properly
disbursed. The report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
limitation on assistance to security forces
Sec. 651. Chapter 1 of part III of the Foreign Assistance Act of
1961 is amended by adding the following section:
``SEC. 620J. <<NOTE: 22 USC 2378d.>> LIMITATION ON ASSISTANCE TO
SECURITY FORCES.
``(a) In General.--No assistance shall be furnished under this Act
or the Arms Export Control Act to any unit of the security forces of a
foreign country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights.
``(b) Exception.--The prohibition in subsection (a) shall not apply
if the Secretary determines and reports to the Committee on Foreign
Relations of the Senate, the Committee on Foreign Affairs of the House
of Representatives, and the Committees on Appropriations that the
government of such country is taking effective measures to bring the
responsible members of the security forces unit to justice.
``(c) Duty to Inform.--In the event that funds are withheld from any
unit pursuant to this section, the Secretary of State shall promptly
inform the foreign government of the basis for such action and shall, to
the maximum extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the security
forces to justice.''.
[[Page 121 STAT. 2342]]
foreign military training report
Sec. 652. The annual foreign military training report required by
section 656 of the Foreign Assistance Act of 1961 shall be submitted by
the Secretary of Defense and the Secretary of State to the Committees on
Appropriations by the date specified in that section.
authorization requirement
Sec. 653. Funds appropriated by this Act, except funds appropriated
under the headings ``Trade and Development Agency'' and ``Overseas
Private Investment Corporation'', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section 15 of the
State Department Basic Authorities Act of 1956.
libya
Sec. 654. (a) None of the funds appropriated or otherwise made
available by this Act shall be obligated or expended to finance directly
any assistance for Libya.
(b) <<NOTE: Certification.>> The prohibition of subsection (a) shall
no longer apply if the Secretary of State certifies to the Committees on
Appropriations that the Government of Libya has made the final
settlement payments to the Pan Am 103 victims' families, paid to the
LaBelle Disco bombing victims the agreed upon settlement amounts, and is
engaging in good faith settlement discussions regarding other relevant
terrorism cases.
(c) <<NOTE: Deadline. Reports.>> Not later than 180 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations describing (1) actions taken by the
Department of State to facilitate a resolution of these cases; and (2)
United States commercial activities in Libya's energy sector.
palestinian statehood
Sec. 655. (a) Limitation <<NOTE: Certification.>> on Assistance.--
None of the funds appropriated under titles II through V of this Act may
be provided to support a Palestinian state unless the Secretary of State
determines and certifies to the appropriate congressional committees
that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence
[[Page 121 STAT. 2343]]
of every state in the area through measures including
the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.--The <<NOTE: President.>> President may waive subsection
(a) if he determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 650 of this Act (``Limitation on Assistance to the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 656. None of the funds appropriated or otherwise made available
by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
west bank and gaza assistance
Sec. 657. (a) Oversight.--
For <<NOTE: Deadline. Certification.>> fiscal year 2008, 30 days prior
to the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to appropriate
United States financial information in order to review the uses of
United States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that have
as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization. <<NOTE: Procedures.>> 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
[[Page 121 STAT. 2344]]
individual, entity, or educational institution which she has determined
to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles II through V
of this Act for assistance under the West Bank and Gaza Program
may be made available for the purpose of recognizing or
otherwise honoring individuals who commit, or have committed
acts of terrorism.
(2) <<NOTE: Reports.>> Notwithstanding any other provision
of law, none of the funds made available by this or prior
appropriations act, including funds made available by transfer,
may be made available for obligation for security assistance for
the West Bank and Gaza until the Secretary of State reports to
the Committees on Appropriations on the benchmarks that have
been established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000 may
be used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection. Such funds are in addition to
funds otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection (a), the
Comptroller General of the United States shall conduct an audit and an
investigation of the treatment, handling, and uses of all funds for the
bilateral West Bank and Gaza Program in fiscal year 2008 under the
heading ``Economic Support Fund''. The audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) <<NOTE: Deadline. Reports.>> Not later than 180 days after
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.
war criminals
Sec. 658. (a)(1) None of the funds appropriated or otherwise made
available under titles II through V of this Act may be made available
for assistance, and the Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution to vote against any new project involving the extension by
such institutions of any financial or technical assistance, to any
country, entity, or municipality whose competent authorities have
failed, as determined by the Secretary of State,
[[Page 121 STAT. 2345]]
to take necessary and significant steps to implement its international
legal obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'') all
persons in their territory who have been indicted by the Tribunal and to
otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) <<NOTE: Applicability. Reports.>> The provisions of subsection
(a) shall apply unless the Secretary of State determines and reports to
the appropriate congressional committees that the competent authorities
of such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) <<NOTE: Deadline. Submission.>> Not less than 10 days before any
vote in an international financial institution regarding the extension
of any new project involving financial or technical assistance or grants
to any country or entity described in subsection (a), the Secretary of
the Treasury, in consultation with the Secretary of State, shall provide
to the Committees on Appropriations a written justification for the
proposed assistance, including an explanation of the United States
position regarding any such vote, as well as a description of the
location of the proposed assistance by municipality, its purpose, and
its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International Development,
and the Secretary of the Treasury shall consult with representatives of
human rights organizations and all government agencies with relevant
information to help prevent indicted war criminals from benefiting from
any financial or technical assistance or grants provided to any country
or entity described in subsection (a).
(e) <<NOTE: Waiver authority.>> The Secretary of State may waive the
application of subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the Committees
on Appropriations that such assistance directly supports the
implementation of the Dayton Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as defined
herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and Herzegovina,
together with annexes relating thereto, done at Dayton, November
10 through 16, 1995.
user fees
Sec. 659. The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International
[[Page 121 STAT. 2346]]
Financial Institutions Act) and the International Monetary Fund to
oppose any loan, grant, strategy or policy of these institutions that
would require user fees or service charges on poor people for primary
education or primary healthcare, including prevention, care and
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
maternal well-being, in connection with the institutions' financing
programs.
contribution to the united nations population fund
Sec. 660. (a) Limitations on Amount of Contribution.--Of the amounts
made available under ``International Organizations and Programs'' and
``Global Health and Child Survival'' accounts for fiscal year 2008,
$40,000,000 shall be made available for the United Nations Population
Fund (UNFPA): Provided, That of this amount, not less than $7,000,000
shall be derived from funds appropriated under the heading
``International Organizations and Programs''.
(b) Availability of Funds.--Funds appropriated under the heading
``International Organizations and Programs'' in this Act that are
available for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to the
``Global Health and Child Survival'' account and shall be made available
for family planning, maternal, and reproductive health activities,
subject to the regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available under this Act may be used by UNFPA for a country program in
the People's Republic of China.
(d) Conditions on Availability of Funds.--Amounts made available
under this Act for UNFPA may not be made available to UNFPA unless--
(1) UNFPA maintains amounts made available to UNFPA under
this section in an account separate from other accounts of
UNFPA;
(2) UNFPA does not commingle amounts made available to UNFPA
under this section with other sums; and
(3) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
the UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that the UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds that the UNFPA plans to spend in the
People's Republic of China shall be deducted from the funds made
available to the UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
(f) Nothing in this section shall be construed to limit the
authority of the President to deny funds to any organization by reason
of the application of another provision of this Act or any other
provision of law.
[[Page 121 STAT. 2347]]
community-based police assistance
Sec. 661. (a) Authority.--Funds made available by title III of this
Act to carry out the provisions of chapter 1 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness
and accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police roles that
support democratic governance including assistance for programs to
prevent conflict, respond to disasters, address gender-based violence,
and foster improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
Special Debt Relief for the Poorest
Sec. 662. (a) Authority to Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed
by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f) of the
Commodity Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of 1966, as
amended (Public Law 89-808), or section 202 of the Agricultural
Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
[[Page 121 STAT. 2348]]
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to the funds appropriated by this Act under
the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for the purposes of
any provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321 of the
International Development and Food Assistance Act of 1975.
Authority to Engage in Debt Buybacks or Sales
Sec. 663. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any prior
agreement relating to such loan.
(2) Terms and <<NOTE: President.>> conditions.--
Notwithstanding any other provision of law, the President shall,
in accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Administration.--
The <<NOTE: Notification. President.>> 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.
[[Page 121 STAT. 2349]]
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
basic education
Sec. 664. (a) In General.--Of the funds appropriated by title III of
this Act, not less than $700,000,000 shall be made available for
assistance for developing countries for basic education, of which not
less than $190,000,000 shall be provided and implemented in countries
that have an approved national education plan.
(b) Coordinator.--There <<NOTE: Establishment. 22 USC 2651a
note.>> shall be established within the Department of State in the
immediate office of the Director of United States Foreign Assistance, a
Coordinator of United States Government activities to provide basic
education assistance in developing countries (hereinafter in this
section referred to as the ``Coordinator'').
(c) Responsibilities.--That the Coordinator shall have primary
responsibility for the oversight and coordination of all resources and
international activities of the United States Government that provide
assistance in developing countries for basic education. The individual
serving as the Coordinator may not hold any other position in the
Federal Government during the individual's time of service as
Coordinator.
(d) Strategy.--The <<NOTE: President. Deadline.>> President shall
develop a comprehensive integrated United States Government strategy to
provide assistance in developing countries for basic education within 90
days of enactment of this Act.
(e) Report to Congress.--Not later than September 30, 2008, the
Secretary of State shall report to the Committees on Appropriations on
the implementation of United States Government assistance programs in
developing countries for basic education.
(f) Funds appropriated by title II of Public Law 109-102 and
provided to the Comptroller General pursuant to section 567 of that Act
shall be available until expended and are also available to the
Comptroller General to conduct further evaluations of basic education
programs in developing countries under the direction of the Committees
on Appropriations.
[[Page 121 STAT. 2350]]
reconciliation programs
Sec. 665. Of the funds appropriated by title III of this Act under
the heading ``Economic Support Fund'', $16,000,000 shall be made
available to support reconciliation programs which bring together
individuals of different ethnic, religious and political backgrounds
from areas of civil conflict and war, and an additional $9,000,000 shall
be made available to support programs in the Middle East: Provided, That
the Administrator of the United States Agency for International
Development shall consult with the Committees on Appropriations, prior
to the initial obligation of funds, on the most effective uses of such
funds.
sudan
Sec. 666. (a) Limitation on Assistance.--Subject to subsection (b):
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and credit
agreements.
(b) <<NOTE: Certification.>> Subsection (a) shall not apply if the
Secretary of State determines and certifies to the Committees on
Appropriations that:
(1) The Government of Sudan honors its pledges to cease
attacks upon civilians and disarms and demobilizes the Janjaweed
and other government-supported militias.
(2) The Government of Sudan and all government-supported
militia groups are honoring their commitments made in all
previous cease-fire agreements.
(3) The Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring
team that is based in Darfur and has the support of the United
States.
(c) Exceptions.--The provisions of subsection (a) shall not apply
to--
(1) humanitarian assistance;
(2) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State, and
Abyei; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace Agreement or
any other internationally-recognized viable peace agreement in
Sudan.
(d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of Southern
Sudan.
(e) Notwithstanding any other law, assistance in this Act may be
made available to the Government of Southern Sudan to provide non-lethal
military assistance, military education and training, and
[[Page 121 STAT. 2351]]
defense services controlled under the International Traffic in Arms
Regulations (22 CRF 120.1 et seq.) if the Secretary of State--
(1) determines that the provision of such items is in the
national interest of the United States; and
(2) <<NOTE: Deadline. Notification.>> not later than 15 days
before the provision of any such assistance, notifies the
Committees on Appropriations and the Committee on Foreign
Relations in the Senate and the Committee on Foreign Affairs in
the House of Representatives of such determination.
(f) Chad.--Notwithstanding any other provision of law, of the funds
appropriated by this Act for assistance for Sudan, up to $5,000,000
shall be made available for administrative and other expenses of the
United States Agency for International Development in Chad.
trade capacity building
Sec. 667. Of the funds appropriated by this Act, under the headings
``Development Assistance'', ``Assistance for Eastern Europe and the
Baltic States'', ``Economic Support Fund'', ``Andean Counterdrug
Programs'', and ``Assistance for the Independent States of the Former
Soviet Union'', not less than $550,000,000 should be made available for
trade capacity building assistance.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 668. <<NOTE: Reports. Website.>> (a) Public Disclosure.--Ten
percent of the funds appropriated in this Act under the heading
``International Organizations and Programs'' for a contribution to any
United Nations agency may be withheld from disbursement if the Secretary
of State reports to the Committees on Appropriations that such agency
does not have or is not implementing a policy of posting on a publicly
available website information such as: (1) audits, budget reports, and
information related to procurement activities; (2) procedures for
protecting whistleblowers; and (3) efforts to ensure the independence of
internal oversight bodies, adopt international public sector accounting
standards, and limit administrative costs.
(b) United Nations Development Program.--Twenty percent of the funds
appropriated by this Act under the heading ``International Organizations
and Programs'' for a United States contribution to the United Nations
Development Program (UNDP) shall be withheld from disbursement until the
Secretary of State reports to the Committees on Appropriations that UNDP
is--
(1) giving adequate access to information to the Department
of State regarding UNDP's programs and activities as requested,
including in North Korea and Burma;
(2) conducting oversight of UNDP programs and activities
globally; and
(3) implementing a whistleblower protection policy
equivalent to that recommended by the United Nations Secretary
General on December 3, 2007.
(c)(1) World <<NOTE: Reports.>> Bank.--Ten percent of the funds
appropriated by this Act under the heading ``International Development
Association'' shall be withheld from disbursement until the Secretary of
the Treasury reports to the Committees on Appropriations that--
(A) the World Bank has made publicly available, in an
appropriate manner, financial disclosure forms of senior World
[[Page 121 STAT. 2352]]
Bank personnel, including those at the level of managing
director, vice president, and above;
(B) the World Bank has established a plan and maintains a
schedule for conducting regular, independent audits of internal
management controls and procedures for meeting operational
objectives, and is making reports describing the scope and
findings of such audits available to the public;
(C) the World Bank is adequately staffing and sufficiently
funding the Department of Institutional Integrity;
(D) <<NOTE: Public information.>> the World Bank has made
publicly available the reports of the Department of
Institutional Integrity, and any subsequent review of corrective
actions for such reports, including, but not limited to, the
November 23, 2005 ``Report of Investigation into Reproductive
and Child Health I Project Credit N0180 India'', and the May
2006 report on Credit Number 3703 DRC, Grant number H193 DRC,
and Grant number H010 DRC; and
(E) the World Bank is implementing the recommendations of
the ``Volcker Panel'' report in a timely manner.
(2) Anticorruption <<NOTE: Reports.>> Provisions.--In addition to
the funds withheld in subsection (b)(1), 10 percent of the funds
appropriated by this Act under the heading ``International Development
Association'' shall be withheld from disbursement until the Secretary of
the Treasury reports to the Committees on Appropriations on the extent
to which the World Bank has completed the following:
(A) World Bank procurement guidelines, including the World
Bank's Standard Bidding Documents, have been applied to all
procurement financed in whole or in part by a loan from the
World Bank or a credit agreement or grant from the International
Development Association (IDA);
(B) the World Bank maintains a strong central procurement
office staffed with senior experts who are designated to address
commercial concerns, questions, and complaints regarding
procurement procedures and payments under IDA and World Bank
projects;
(C) thresholds for international competitive bidding have
been established to maximize international competitive bidding
in accordance with sound procurement practices, including
transparency, competition, and cost-effective results for the
Borrowers;
(D) the World Bank is consulting with the appropriate
private and public sector representatives regarding
implementation of the country procurement pilots outlined in the
June 2007 report to the Board; and
(E) all countries selected for the procurement pilot program
must adhere to all World Bank anti-fraud and anti-corruption
policies and must demonstrate a strong anti-fraud enforcement
record.
(d) Report.--
(1)(A) The Comptroller General of the United States shall
conduct an assessment of the programs and activities funded
under the heading ``Millennium Challenge Corporation'' (MCC) in
this Act and prior Acts making appropriations for foreign
operations, export financing, and related programs to include a
review of the financial controls and procurement practices of
the Corporation and its accountable entities, and the results
achieved by MCC's compacts.
[[Page 121 STAT. 2353]]
(B) Of the funds appropriated under the heading ``Millennium
Challenge Corporation'' in this Act, up to $250,000 shall be
made available to the Comptroller for the requirements of
subsection (1)(A).
(2)(A) <<NOTE: HIV/AIDS.>> The Comptroller General of the
United States shall conduct an assessment of the HIV/AIDS
programs and activities funded under the headings ``Child
Survival and Health Programs Fund'', ``Global HIV/AIDS
Initiative'', and ``Global Health and Child Survival'' in this
Act and prior Acts making appropriations for foreign operations,
export financing, and related programs to include a review of
the procurement and results monitoring activities of United
States bilateral HIV/AIDS programs. The assessment should also
address the impact of Global HIV/AIDS Initiative funding on
other United States global health programming.
(B) Of the funds appropriated under the heading ``Global
Health and Child Survival'', up to $125,000 shall be made
available to the Comptroller for the requirements of subsection
(2)(A).
(e) National Budget Transparency.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of any
country that fails to make publicly available on an annual basis
its national budget, to include income and expenditures.
(2) <<NOTE: Waiver authority. Reports.>> The Secretary of
State may waive subsection (e)(1) if the Secretary reports to
the Committees on Appropriations that to do so is in the
national interests of the United States.
(3) <<NOTE: Applicability.>> The reporting requirement
pursuant to section 585(b) of Public Law 108-7 regarding fiscal
transparency and accountability in countries whose central
governments receive United States foreign assistance shall apply
to this Act.
excess defense articles for central and south european countries and
certain other countries
Sec. 669. Notwithstanding section 516(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2008, funds
available to the Department of Defense may be expended for crating,
packing, handling, and transportation of excess defense articles
transferred under the authority of section 516 of such Act to Albania,
Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of
Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan,
Turkmenistan, and Ukraine.
gender-based violence
Sec. 670. Programs funded under titles III and IV of this Act that
provide training for foreign police, judicial, and military officials,
shall include, where appropriate, programs and activities that address
gender-based violence.
[[Page 121 STAT. 2354]]
limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
Sec. 671. (a) None of the funds made available in this Act under the
heading ``Economic Support Fund'' may be used to provide assistance to
the government of a country that is a party to the International
Criminal Court and has not entered into an agreement with the United
States pursuant to Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against United States
personnel present in such country.
(b) <<NOTE: President. Notification. Waiver
authority. Reports.>> The President may, with prior notice to Congress,
waive the prohibition of subsection (a) with respect to a North Atlantic
Treaty Organization (NATO) member country, a major non-NATO ally
(including Australia, Egypt, Israel, Japan, Jordan, Argentina, the
Republic of Korea, and New Zealand), Taiwan, or such other country as he
may determine if he determines and reports to the appropriate
congressional committees that it is important to the national interests
of the United States to waive such prohibition.
(c) <<NOTE: President. Notification. Waiver
authority. Reports.>> The President may, with prior notice to Congress,
waive the prohibition of subsection (a) with respect to a particular
country if he determines and reports to the appropriate congressional
committees that such country has entered into an agreement with the
United States pursuant to Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against United States
personnel present in such country.
(d) The prohibition of this section shall not apply to countries
otherwise eligible for assistance under the Millennium Challenge Act of
2003, notwithstanding section 606(a)(2)(B) of such Act.
western hemisphere
Sec. 672. (a) Central and South America.--Of the funds appropriated
by this Act under the headings ``Global Health and Child Survival'' and
``Development Assistance'', not less than the amount of funds initially
allocated for each such account pursuant to section 653(a) of the
Foreign Assistance Act of 1961 for fiscal year 2007 shall be made
available for El Salvador, Guatemala, Nicaragua, Honduras, Ecuador,
Peru, Bolivia, Brazil, Latin America and Caribbean Regional, Central
America Regional, and South America Regional: Provided, That for the
purposes of this subsection, ``Global Health and Child Survival'' shall
mean ``Child Survival and Health Programs Fund''.
(b) Haiti.--
(1) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
(2) Of the funds appropriated by this Act under titles III
and IV, not less than $201,584,000 shall be available for
assistance for Haiti.
(3) <<NOTE: Certification.>> 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
[[Page 121 STAT. 2355]]
National Police who have been credibly alleged to have committed
serious crimes, including drug trafficking and human rights
violations, have been suspended and the Haitian Government is
cooperating in a reform and restructuring plan for the Haitian
National Police and the reform of the judicial system as called
for in United Nations Security Council Resolution 1608 adopted
on June 22, 2005.
(c) Dominican Republic.--Of the funds appropriated by this Act under
the headings ``Global Health and Child Survival'' and ``Development
Assistance'', not less than $23,000,000 shall be made available for
assistance for the Dominican Republic, of which not less than $5,000,000
shall be made available for basic health care, nutrition, sanitation,
education, and shelter for migrant workers and other residents of batey
communities.
(d) Assistance for Guatemala.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Guatemala, not less than $4,000,000 shall be made available for
a United States contribution to the International Commission
Against Impunity in Guatemala (CICIG).
(2) Funds appropriated by this Act under the heading
``International Military Education and Training'' (IMET) that
are available for assistance for Guatemala, other than for
expanded IMET, may be made available only for the Guatemalan Air
Force, Navy and Army Corps of Engineers: Provided, That
assistance for the Guatemalan Army Corps of Engineers shall only
be available for training to improve disaster response
capabilities and to participate in international peacekeeping
operations: Provided <<NOTE: Certification.>> further, That such
funds may be made available only if the Secretary of State
certifies that the Guatemalan Air Force, Navy and Army Corps of
Engineers are respecting human rights and are cooperating with
civilian judicial investigations and prosecutions of current and
retired military personnel who have been credibly alleged to
have committed violations of human rights.
(3) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not more than $500,000
may be made available for the Guatemalan Air Force and Navy:
Provided, That <<NOTE: Certification.>> such funds may be made
available only if the Secretary of State certifies that the
Guatemalan Air Force and Navy are respecting human rights and
are cooperating with civilian judicial investigations and
prosecutions of current and retired military personnel who have
been credibly alleged to have committed violations of human
rights, and the Guatemalan Armed Forces are fully cooperating
(including access for investigators, the provision of documents
and other evidence, and testimony of witnesses) with the CICIG.
(e) Free Trade Agreements.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than $10,000,000
shall be made available for labor and environmental capacity building
activities relating to the free trade agreements with countries of
Central America and the Dominican Republic.
(f) Notification Requirement.--Funds made available in this Act for
assistance for Guatemala and Haiti under the headings referred to in
this section shall be subject to the regular notification procedures of
the Committees on Appropriations.
[[Page 121 STAT. 2356]]
ZIMBABWE
Sec. 673. <<NOTE: Certification. 22 USC 2151 note.>> The Secretary
of the Treasury shall instruct the United States executive director to
each international financial institution to vote against any extension
by the respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote democracy,
unless the Secretary of State determines and certifies to the Committees
on Appropriations that the rule of law has been restored in Zimbabwe,
including respect for ownership and title to property, freedom of speech
and association.
DEVELOPMENT GRANTS PROGRAM
Sec. 674. (a) Establishment of the Program.--There is established
within the United States Agency for International Development (USAID) a
Development Grants Program (DGP) to provide small grants to United
States and indigenous nongovernmental organizations for the purpose of
carrying out the provisions of chapters 1 and 10 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961.
(b) Eligibility for Grants.--Grants from the DGP shall be made only
for proposals of nongovernmental organizations.
(c) Competition.--Grants made pursuant to the authority of this
section shall be provided through an open, transparent and competitive
process.
(d) Size of Program and Individual Grants.--
(1) Of the funds appropriated by this Act to carry out
chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $50,000,000 shall be made
available for purposes of this section: Provided, That not more
than 50 percent of this amount shall be derived from funds
appropriated to carry out chapter 1 of part I of such Act.
(2) No individual organization can receive grants, or grant
amendments, made pursuant to this section in excess of
$2,000,000.
(e) Availability of Other Funds.--Funds made available under this
section are in addition to other funds available for such purposes
including funds designated by this Act by section 665.
(f) Definition.--For purposes of this section, the term
``nongovernmental organization'' means a private voluntary organization,
and shall not include entities owned in whole or in part by a government
or governmental entity.
(g) Report.--Within 90 days from the date of enactment of this Act,
and after consultation with the Committees on Appropriations, the
Administrator of USAID shall submit a report to those Committees
describing the procedures and mechanisms USAID will use to implement
this section.
DISASTER ASSISTANCE AND RECOVERY
Sec. 675. Funds made available to the Comptroller General under
chapter 4 of title I of the Emergency Supplemental Appropriations Act
(Public Law 106-31; 113 Stat. 69) and section 593 of the Foreign
Operations, Export Financing, and Programs Agencies Appropriations Act,
2001 (Public Law 106-429; 114 Stat. 1900A-
[[Page 121 STAT. 2357]]
59) to monitor the provisions of assistance to address the effects of
hurricanes in Central America and the Caribbean and the earthquake in
Colombia, and to monitor the earthquake relief and reconstruction
efforts in El Salvador under section 561 of the Foreign Operations,
Export Financing, and Programs Agencies Appropriations Act, 2002 (Public
Law 107-115; 115 Stat. 2162) shall also be available to the Comptroller
General to monitor any other disaster assistance and recovery effort.
united states agency for international development management
(including transfer of funds)
Sec. 676. <<NOTE: 22 USC 3948 note.>> (a) Authority.--Up to
$81,000,000 of the funds made available in title III of this Act to
carry out the provisions of part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2009.
(c) Conditions.--The authority of subsection (a) may only be used to
the extent that an equivalent number of positions that are filled by
personal services contractors or other non-direct hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this section,
primary emphasis shall be placed on enabling USAID to meet personnel
positions in technical skill areas currently encumbered by contractor or
other non-direct hire personnel.
(e) Consultations.--The USAID Administrator shall consult with the
Committees on Appropriations at least on a quarterly basis concerning
the implementation of this section.
(f) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall
be the account to which such individual's responsibilities primarily
relate. Funds made available to carry out this section may be
transferred to and merged and consolidated with funds appropriated for
``Operating Expenses of the United States Agency for International
Development''.
(g) Management Reform Pilot.--Of the funds made available in
subsection (a), USAID may use, in addition to funds otherwise available
for such purposes, up to $15,000,000 to fund overseas support costs of
members of the Foreign Service with a Foreign Service rank of four or
below: Provided, That such authority is only used to reduce USAID's
reliance on overseas personal services contractors or other non-direct
hire employees compensated with funds appropriated to carry out part I
of the Foreign Assistance
[[Page 121 STAT. 2358]]
Act of 1961, including funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States''.
(h) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States'', may be used, in addition to funds
otherwise available for such purposes, for the cost (including the
support costs) of individuals detailed to or employed by the United
States Agency for International Development whose primary responsibility
is to carry out programs in response to natural disasters.
opic transfer authority
(including transfer of funds)
Sec. 677. <<NOTE: President.>> 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 <<NOTE: Notification.>> the exercise of such authority shall be
subject to the regular notification procedures of the Committees on
Appropriations.
reporting requirement
Sec. 678. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2008, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', and ``Peacekeeping Operations'':
Provided, That such report shall include a description of the obligation
and expenditure of funds, and the specific country in receipt of, and
the use or purpose of the assistance provided by such funds.
indonesia
Sec. 679. (a) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' up to $15,700,000 may be
made available for assistance for Indonesia as follows--
(1) Of the amount provided in subsection (a), $13,000,000
may be made available upon enactment of this Act.
(2) <<NOTE: Reports.>> Of the amount provided in subsection
(a), $2,700,000 may not be made available until the Secretary of
State reports to the Committees on Appropriations--
(A) on the steps taken by the Government of
Indonesia on the following--
(i) prosecution and punishment, in a manner
proportional to the crime, for members of the
Armed Forces who have been credibly alleged to
have committed gross violations of human rights in
Timor-Leste
[[Page 121 STAT. 2359]]
and elsewhere, and cooperation by the Armed Forces
with civilian judicial authorities and with
international efforts to resolve cases of gross
violations of human rights; and
(ii) implementation by the Armed Forces of
reforms to increase the transparency and
accountability of their operations and financial
management; and
(B) that the Government of Indonesia has written
plans to effectively provide accountability for past
violations of human rights by members of the Armed
Forces, and is implementing plans to effectively allow
public access to Papua and to pursue the criminal
investigation and provide the projected timeframe for
completing the investigation of the murder of Munir Said
Thalib.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Indonesia, not less than $250,000 should be made available for grants
for capacity building of Indonesian human rights organizations,
including in Papua.
limitation on basing in iraq
Sec. 680. None of the funds made available in this Act may be used
by the Government of the United States to enter into a permanent basing
rights agreement between the United States and Iraq.
prohibition on use of torture
Sec. 681. None of the funds made available in this Act shall be used
in any way whatsoever to support or justify the use of torture, cruel or
inhumane treatment by any official or contract employee of the United
States Government.
report on indonesia
Sec. 682. Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations that describes--
(1) the steps taken by the Government of Indonesia to deny
promotion, suspend from active service, and pursue prosecution
of military officers indicted for serious crimes, and the extent
to which past and present Indonesian military officials are
cooperating with domestic inquiries into human rights abuses,
including the forced disappearance and killing of student
activists in 1998 and 1999;
(2) the responses of the Governments of Indonesia and Timor-
Leste to the Final Report of the Commission for Reception, Truth
and Reconciliation in Timor-Leste and the June 2006 report of
the report to the Secretary-General of the Commission of Experts
to Review the Prosecution of Serious Violations of Human Rights
in Timor-Leste in 1999; and
(3) the steps taken by the Indonesian military to divest
itself of illegal businesses.
extradition
Sec. 683. (a) None of the funds appropriated in this Act for the
Department of State may be used to provide assistance (other
[[Page 121 STAT. 2360]]
than funds provided under the headings ``International Narcotics Control
and Law Enforcement'', ``Migration and Refugee Assistance'', ``Emergency
Migration and Refugee Assistance'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central government
of a country which has notified the Department of State of its refusal
to extradite to the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment without the
possibility of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) <<NOTE: Applicability.>> Subsection (a) shall only apply to the
central government of a country with which the United States maintains
diplomatic relations and with which the United States has an extradition
treaty and the government of that country is in violation of the terms
and conditions of the treaty.
(c) The Secretary of State may waive the restriction in subsection
(a) on a case-by-case basis if the Secretary certifies to the Committees
on Appropriations that such waiver is important to the national
interests of the United States.
ENVIRONMENT AND ENERGY PROGRAMS
Sec. 684. (a) Biodiversity.--Of the funds appropriated under the
heading ``Development Assistance'', not less than $195,000,000 shall be
made available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which not
less than the amount of funds initially allocated pursuant to section
653(a) of the Foreign Assistance Act of 1961 for fiscal year 2006 shall
be made available for such activities in Brazil, Colombia, Ecuador, Peru
and Bolivia, and that in addition to such amounts for such countries not
less than $15,000,000 shall be made available for the United States
Agency for International Development's Amazon Basin Conservation
Initiative: Provided, That of the funds appropriated by this Act, not
less than $2,000,000 should be made available for wildlife conservation
and protected area management in the Boma-Jonglei landscape of Southern
Sudan, and not less than $17,500,000 shall be made available for the
Congo Basin Forest Partnership of which not less than $2,500,000 shall
be made available to the United States Fish and Wildlife Service for
great apes conservation programs in Central Africa.
(b) Energy.--
(1) Of the funds appropriated by this Act, not less than
$195,000,000 shall be made available to support clean energy and
other climate change programs in developing countries, of which
not less than $125,000,000 should be made available to directly
promote and deploy energy conservation, energy efficiency, and
renewable and clean energy technologies with an emphasis on
small hydro, solar and wind energy, and of which the balance
should be made available to directly: (1) reduce greenhouse gas
emissions; (2) increase carbon sequestration activities; and (3)
support climate change mitigation and adaptation programs.
(2) <<NOTE: Establishment.>> 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
[[Page 121 STAT. 2361]]
change impacts: Provided, That <<NOTE: Reports. Deadline.>> the
Secretary shall submit a report to the Committees on
Appropriations not later than September 1, 2008, describing such
needs, on a country-by-country and regional basis, and the
actions planned and being taken by the United States, including
funding provided to developing countries specifically for
adaptation to climate change impacts.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions and the
public that it is the policy of the United States that any
assistance by such institutions (including but not limited to
any loan, credit, grant, or guarantee) for the extraction and
export of oil, gas, coal, timber, or other natural resource
should not be provided unless the government of the country has
in place functioning systems for: (A) accurately accounting for
payments for companies involved in the extraction and export of
natural resources; (B) the independent auditing of accounts
receiving such payments and the widespread public dissemination
of the findings of such audits; and (C) verifying government
receipts against company payments including widespread
dissemination of such payment information, and disclosing such
documents as Host Government Agreements, Concession Agreements,
and bidding documents, allowing in any such dissemination or
disclosure for the redaction of, or exceptions for, information
that is commercially proprietary or that would create
competitive disadvantage.
(2) <<NOTE: Deadline. Reports.>> Not later than 180 days
after the enactment of this Act, the Secretary of the Treasury
shall submit a report to the Committees on Appropriations
describing, for each international financial institution, the
amount and type of assistance provided, by country, for the
extraction and export of oil, gas, coal, timber, or other
natural resources since September 30, 2006, and whether each
institution considered, in its proposal for such assistance, the
extent to which the country has functioning systems described in
paragraph (c)(1).
uzbekistan
Sec. 685. <<NOTE: Reports. Human rights.>> (a) Funds appropriated by
this Act may be made available for assistance for the central Government
of Uzbekistan only if the Secretary of State determines and reports to
the Committees on Appropriations that the Government of Uzbekistan is
making substantial and continuing progress--
(1) in meeting its commitments under the ``Declaration on
the Strategic Partnership and Cooperation Framework Between the
Republic of Uzbekistan and the United States of America'',
including respect for human rights, establishing a genuine
multi-party system, and ensuring free and fair elections,
freedom of expression, and the independence of the media; and
(2) in investigating and prosecuting the individuals
responsible for the deliberate killings of civilians in Andijan
in May 2005.
(b) <<NOTE: Deadline.>> 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
[[Page 121 STAT. 2362]]
Uzbekistan, not later than 6 months after enactment of this Act any
person identified by the Secretary pursuant to this subsection shall be
ineligible for admission to the United States.
(c) The restriction in subsection (b) shall cease to apply if the
Secretary determines and reports to the Committees on Appropriations
that the Government of Uzbekistan has taken concrete and measurable
steps to improve respect for internationally recognized human rights,
including allowing peaceful political and religious expression,
releasing imprisoned human rights defenders, and implementing
recommendations made by the United Nations on torture.
(d) The <<NOTE: Waiver authority.>> Secretary may waive the
application of subsection (b) if the Secretary determines that admission
to the United States is necessary to attend the United Nations or to
further United States law enforcement objectives.
(e) For the purpose of this section ``assistance'' shall include
excess defense articles.
repression in the russian federation
Sec. 686. (a) <<NOTE: Deadline. President. Certification.>> None of
the funds appropriated for assistance under this Act may be made
available for the Government of the Russian Federation, after 180 days
from the date of the enactment of this Act, unless the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation: (1) has implemented no
statute, Executive order, regulation or similar government action that
would discriminate, or which has as its principal effect discrimination,
against religious groups or religious communities in the Russian
Federation in violation of accepted international agreements on human
rights and religious freedoms to which the Russian Federation is a
party; and (2) is (A) honoring its international obligations regarding
freedom of expression, assembly, and press, as well as due process; (B)
investigating and prosecuting law enforcement personnel credibly alleged
to have committed human rights abuses against political leaders,
activists and journalists; and (C) immediately releasing political
leaders, activists and journalists who remain in detention.
(b) <<NOTE: Waiver authority.>> The Secretary of State may waive the
requirements of subsection (a) if the Secretary determines that to do so
is important to the national interests of the United States.
war crimes in africa
Sec. 687. (a) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the Special
Court for Sierra Leone (SCSL) to bring to justice individuals
responsible for war crimes and crimes against humanity in a timely
manner.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR and SCSL
are credibly alleged to be living, if the Secretary of State determines
and reports to the Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection shall not
apply to assistance provided under section 551 of the Foreign Assistance
Act of 1961
[[Page 121 STAT. 2363]]
or to project assistance under title II of this Act: Provided further,
That the United States shall use its voice and vote in the United
Nations Security Council to fully support efforts by ICTR and SCSL to
bring to justice individuals indicted by such tribunals in a timely
manner.
(c) <<NOTE: Waiver authority. President. Reports.>> The prohibition
in subsection (b) may be waived on a country by country basis if the
President determines that doing so is in the national security interest
of the United States: Provided, That prior to exercising such waiver
authority, the President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(1) the steps being taken to obtain the cooperation of the
government in surrendering the indictee in question to the court
of jurisdiction;
(2) a strategy, including a timeline, for bringing the
indictee before such court; and
(3) the justification for exercising the waiver authority.
combatting piracy of united states copyrighted materials
Sec. 688. (a) Program Authorized.--The Secretary of State may carry
out a program of activities to combat piracy in countries that are not
members of the Organization for Economic Cooperation and Development,
including activities as follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of intellectual
property laws.
(2) The provision of training for judges and prosecutors,
including in the interpretation of intellectual property laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property Organization.--In
carrying out the program authorized by subsection (a), the Secretary
shall, to the maximum extent practicable, consult with and provide
assistance to the World Intellectual Property Organization in order to
promote the integration of countries described in subsection (a) into
the global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made available
under the heading ``International Narcotics Control and Law
Enforcement'', $5,000,000 may be made available in fiscal year 2008 for
the program authorized by subsection (a).
NEGLECTED TROPICAL DISEASES
Sec. 689. Of the funds appropriated under the heading ``Global
Health and Child Survival'', not less than $15,000,000 shall be made
available to support the United States Agency for International
Development's ongoing program to implement an integrated response to the
control of neglected diseases including intestinal parasites,
schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and
leprosy: Provided, That the Administrator of the United States Agency
for International Development shall consult with the Committees on
Appropriations, representatives from the relevant international
technical and nongovernmental organizations addressing the specific
diseases, recipient countries, donor countries, the private sector,
UNICEF and the World Health
[[Page 121 STAT. 2364]]
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 <<NOTE: Notification.>> funds made available
pursuant to this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
EGYPT
Sec. 690. (a) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' or under the heading
``Economic Support Fund'' that are available for assistance for Egypt,
$100,000,000 shall not be made available for obligation until the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Egypt has taken concrete and
measurable steps to--
(1) adopt and implement judicial reforms that protect the
independence of the judiciary;
(2) review criminal procedures and train police leadership
in modern policing to curb police abuses; and
(3) detect and destroy the smuggling network and tunnels
that lead from Egypt to Gaza.
(b) <<NOTE: Effective date. Waiver authority. Reports.>> Not less
than 45 days after enactment of this Act, the Secretary may waive
subsection (a) if the Secretary determines and reports to the Committees
on Appropriations that such waiver is in the national security interest
of the United States.
RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES WHO DO NOT POSE
A THREAT TO THE UNITED STATES
Sec. 691. (a) Amendment to Authority to Determine the Bar to
Admission Inapplicable.--Section 212(d)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as
follows:
``The Secretary of State, after consultation with the Attorney
General and the Secretary of Homeland Security, or the Secretary of
Homeland Security, after consultation with the Secretary of State and
the Attorney General, may determine in such Secretary's sole
unreviewable discretion that subsection (a)(3)(B) shall not apply with
respect to an alien within the scope of that subsection or that
subsection (a)(3)(B)(vi)(III) shall not apply to a group within the
scope of that subsection, except that no such waiver may be extended to
an alien who is within the scope of subsection (a)(3)(B)(i)(II), no such
waiver may be extended to an alien who is a member or representative of,
has voluntarily and knowingly engaged in or endorsed or espoused or
persuaded others to endorse or espouse or support terrorist activity on
behalf of, or has voluntarily and knowingly received military-type
training from a terrorist organization that is described in subclause
(I) or (II) of subsection (a)(3)(B)(vi), and no such waiver may be
extended to a group that has engaged terrorist activity against the
United States or another democratic country or that has purposefully
engaged in a pattern or practice of terrorist activity that is directed
at civilians. Such a determination shall neither prejudice the ability
of the United States Government to commence criminal or civil
proceedings involving a beneficiary of such a determination or any other
person,
[[Page 121 STAT. 2365]]
nor create any substantive or procedural right or benefit for a
beneficiary of such a determination or any other person. Notwithstanding
any other provision of law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, no court shall have jurisdiction
to review such a determination or revocation except in a proceeding for
review of a final order of removal pursuant to section 1252 of this
title, and review shall be limited to the extent provided in section
1252(a)(2)(D). The Secretary of State may not exercise the discretion
provided in this clause with respect to an alien at any time during
which the alien is the subject of pending removal proceedings under
section 1229a of this title.''.
(b) Automatic Relief for the Hmong and Other Groups That Do Not Pose
a Threat to the United States.--For purposes of section 212(a)(3)(B) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Karen
National Union/Karen Liberation Army (KNU/KNLA), the Chin National
Front/Chin National Army (CNF/CNA), the Chin National League for
Democracy (CNLD), the Kayan New Land Party (KNLP), the Arakan Liberation
Party (ALP), the Mustangs, the Alzados, the Karenni National Progressive
Party, and appropriate groups affiliated with the Hmong and the
Montagnards shall not be considered to be a terrorist organization on
the basis of any act or event occurring before the date of enactment of
this section. Nothing in this subsection may be construed to alter or
limit the authority of the Secretary of State or the Secretary of
Homeland Security to exercise his discretionary authority pursuant to
section 212(d)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(3)(B)(i)).
(c) Technical Correction.--Section 212(a)(3)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is amended
by striking ``Subclause (VII)'' and inserting ``Subclause (IX)''.
(d) Designation of the Taliban as a Terrorist Organization.--For
purposes of section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)), the Taliban shall be considered to be a
terrorist organization described in subclause (I) of clause (vi) of that
section.
(e) Report <<NOTE: 8 USC 1182 note.>> on Duress Waivers.--The
Secretary of Homeland Security shall provide to the Committees on the
Judiciary of the United States Senate and House of Representatives a
report, not less than 180 days after the enactment of this Act and every
year thereafter, which may include a classified annex, if appropriate,
describing--
(1) the number of individuals subject to removal from the
United States for having provided material support to a
terrorist group who allege that such support was provided under
duress;
(2) a breakdown of the types of terrorist organizations to
which the individuals described in paragraph (1) have provided
material support;
(3) a description of the factors that the Department of
Homeland Security considers when evaluating duress waivers; and
(4) any other information that the Secretary believes that
the Congress should consider while overseeing the Department's
application of duress waivers.
[[Page 121 STAT. 2366]]
(f) Effective <<NOTE: 8 USC 1182 note.>> Date.--The amendments made
by this section shall take effect on the date of enactment of this
section, and these amendments and sections 212(a)(3)(B) and 212(d)(3)(B)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B) and
1182(d)(3)(B)), as amended by these sections, shall apply to--
(1) removal proceedings instituted before, on, or after the
date of enactment of this section; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
report on anti-corruption activities
Sec. 692. Not later than August 1, 2008, the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development and the Chief Executive Officer of the
Millennium Challenge Corporation, shall submit to the Committees on
Appropriations a report on the level of corruption in each country that
receives development assistance appropriated in this Act.
democracy, the rule of law, and governance in iran
Sec. 693. Of the funds appropriated in this Act, $60,000,000 should
be made available for programs to promote democracy, the rule of law,
and governance in Iran.
denial of visas related to removal of aliens
Sec. 694. None of the funds made available in this Act may be
expended in violation of section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing granting
visas to nationals of countries that are denying or delaying accepting
aliens removed from the United States).
UNITED NATIONS HUMAN RIGHTS COUNCIL
Sec. 695. (a) None of the funds appropriated by this Act may be made
available for a United States contribution to the United Nations Human
Rights Council.
(b) The prohibition under subsection (a) shall not apply if--
(1) <<NOTE: Certification.>> the Secretary of State
certifies to the Committees on Appropriations that the provision
of funds to support the United Nations Human Rights Council is
in the national interest of the United States; or
(2) the United States is a member of the Human Rights
Council.
Attendance at International Conferences
Sec. 696. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees of
agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State
determines that such attendance is in the national interest: Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended
[[Page 121 STAT. 2367]]
by representatives of the United States Government and representatives
of foreign governments, international organizations, or nongovernmental
organizations.
SAUDI ARABIA
Sec. 697. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance any
assistance to Saudi <<NOTE: President. Waiver
authority. Certification. Deadline.>> Arabia: Provided, That the
President may waive the prohibition of this section if the President
certifies to the Committees on Appropriations, 15 days prior to the
obligation of funds for assistance for Saudi Arabia, that Saudi Arabia
is cooperating with efforts to combat international terrorism and that
the proposed assistance will help facilitate that effort.
Central Asia
Sec. 698. (a) <<NOTE: Kazakhstan. Reports. Human rights.>> Funds
appropriated by this Act may be made available for assistance for the
Government of Kazakhstan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government of
Kazakhstan has made significant improvements in the protection of human
rights and civil liberties during the preceding 6 month period,
including by fulfilling obligations recommended by the Organization for
Security and Cooperation in Europe (OSCE) in the areas of election
procedures, media freedom, freedom of religion, free assembly and
minority rights, and by meeting the commitments it made in connection
with its assumption of the Chairmanship of the OSCE in 2010.
(b) <<NOTE: Waiver authority.>> The Secretary of State may waive
subsection (a) if the Secretary determines and reports to the Committees
on Appropriations that such a waiver is important to the national
security of the United States.
(c) <<NOTE: Deadline.>> Not later than October 1, 2008, the
Secretary of State shall submit a report to the Committees on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 12-month period ending 30 days prior to
submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States
by units of the armed forces, border guards, or other security
forces of such countries.
(d) For purposes of this section, the term ``countries of Central
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
disability programs
Sec. 699. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $4,000,000 shall be
made available for programs and activities administered by the United
States Agency for International Development (USAID) to address the needs
and protect the rights of people with disabilities in developing
countries, of which $1,500,000 should
[[Page 121 STAT. 2368]]
be made available to disability advocacy organizations that have
expertise in working to protect the rights and increasing the
independence and full participation of people with disabilities:
Provided, That funds for disability advocacy organizations should be
used for training and technical assistance for foreign disabled persons
organizations in such areas as advocacy, education, independent living,
and transportation, with the goal of promoting equal participation of
people with disabilities in developing countries: Provided further, That
USAID should seek to disburse at least 25 percent of the funds made
available pursuant to this subsection in the form of small grants.
(b) Funds appropriated under the heading ``Operating Expenses of the
United States Agency for International Development'' shall be made
available to develop and implement training for staff in overseas USAID
missions to promote the full inclusion and equal participation of people
with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury, and the
Administrator of USAID shall seek to ensure that, where appropriate,
construction projects funded by this Act are accessible to people with
disabilities and in compliance with the USAID Policy on Standards for
Accessibility for the Disabled, or other similar accessibility
standards.
(d) Of the funds made available pursuant to subsection (a), not more
than 7 percent may be for management, oversight and technical support.
(e) <<NOTE: Deadline. Reports.>> Not later than 180 days after the
date of enactment of this Act, and 180 days thereafter, the
Administrator of USAID shall submit a report describing the programs,
activities, and organizations funded pursuant to this section.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 699A. Of the funds appropriated under title III of this Act,
$3,000,000 should be made available for activities to improve the
capacity of foreign government agencies and nongovernmental
organizations to prevent child abandonment, address the needs of
orphans, displaced and abandoned children and provide permanent homes
through family reunification, guardianship and domestic adoptions:
Provided, That funds made available under title III of this Act should
be made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the care of
their family of origin, but when not possible, placing children
in permanent homes through adoption;
(2) the principle that such placements should be based on
informed consent which has not been induced by payment or
compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and should be
used when no other suitable permanent options are available; and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of
children.
[[Page 121 STAT. 2369]]
advisor for activities relating to indigenous peoples internationally
Sec. 699B. (a) Advisor.--After <<NOTE: Deadline. Establishment. 22
USC 2651a note.>> consultation with the Committees on Appropriations and
not later than 90 days after the enactment of this Act, there shall be
established within the Department of State in the immediate office of
the Director of United States Foreign Assistance an Advisor for
Activities Relating to Indigenous Peoples Internationally (hereinafter
in this section referred to as the ``Advisor''), who shall be appointed
by the Director. The Advisor shall report directly to the Director.
(b) Responsibilities.--The Advisor shall:
(1) Advise the Director of United States Foreign Assistance
and the Administrator of the United States Agency for
International Development on matters relating to the rights and
needs of indigenous peoples internationally and should represent
the United States Government on such matters in meetings with
foreign governments and multilateral institutions.
(2) Provide for the oversight and coordination of all
resources, programs, projects, and activities of the United
States Government to protect the rights and address the needs of
indigenous peoples internationally.
(3) Develop and coordinate assistance strategies with
specific goals, guidelines, benchmarks, and impact assessments
(including support for local indigenous peoples' organizations).
(c) Funds.--Of the funds appropriated by this Act under the heading
``Diplomatic and Consular Programs'', not less than $250,000 shall be
made available for implementing the provisions of this section.
(d) Report.--Not later than one year after the enactment of this
Act, the Secretary shall submit a report to the Committees on
Appropriations describing progress made in implementing this section.
CHILD SOLDIERS
Sec. 699C. (a) None of the funds appropriated or otherwise made
available for foreign military financing, foreign military sales, direct
commercial sales, or excess Defense articles by this Act or any other
Act making appropriations for foreign operations, export financing, and
related programs may be obligated or otherwise made available to the
government of a country that is identified by the Department of State in
the Department of State's most recent Country Reports on Human Rights
Practices as having governmental armed forces or government supported
armed groups, including paramilitaries, militias, or civil defense
forces, that recruit or use child soldiers.
(b) The Secretary of State may provide assistance or defense
articles otherwise prohibited under subsection (a) to a country upon
certifying to the Committees on Appropriations that the government of
such country has implemented effective measures to demobilize children
from its forces or from government-supported armed groups and prohibit
and prevent the future recruitment or use of child soldiers.
[[Page 121 STAT. 2370]]
(c) <<NOTE: Waiver authority. Reports.>> The Secretary of State may
waive the application to a country of the prohibition in subsection (a)
if the Secretary determines and reports to the Committees on
Appropriations that such waiver is important to the national interest of
the United States.
funding for serbia
Sec. 699D. <<NOTE: President. Certification.>> (a) Funds
appropriated by this Act may be made available for assistance for the
central Government of Serbia after May 31, 2008, if the President has
made the determination and certification contained in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the Government
of Serbia subject to the conditions in subsection (c).
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of Serbia is--
(1) cooperating with the International Criminal Tribunal for
the former Yugoslavia including access for investigators, the
provision of documents, timely information on the location,
movement, and sources of financial support of indictees, and the
surrender and transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Radovan Karadzic;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply to Kosovo, humanitarian assistance
or assistance to promote democracy.
PHILIPPINES
Sec. 699E. <<NOTE: Reports.>> Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', not to exceed
$30,000,000 may be made available for assistance for the Philippines, of
which $2,000,000 may only be made available after the Secretary of State
reports to the Committees on Appropriations that--
(1) the Philippine Government is implementing the
recommendations of the United Nations Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions;
(2) the Philippine Government is implementing a policy of
promoting military personnel who demonstrate professionalism and
respect for human rights, and is investigating and prosecuting
military personnel and others who have been credibly alleged to
have committed extrajudicial executions or other violations of
human rights; and
(3) the Philippine military is not engaging in acts of
intimidation or violence against members of legal organizations
who advocate for human rights.
PAKISTAN
Sec. 699F. (a) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', up to
[[Page 121 STAT. 2371]]
$300,000,000 may be made available for assistance for Pakistan as
follows:
(b) <<NOTE: Reports.>> Of the amount provided in subsection (a),
$250,000,000 may be made available immediately for counter-terrorism and
law enforcement activities directed against Al Qaeda and the Taliban and
associated terrorist groups, and $50,000,000 may be made available for
such purposes after the Secretary of State reports to the Committees on
Appropriations that the Government of Pakistan--
(1) is making concerted efforts to prevent Al Qaeda and
associated terrorist groups from operating in the territory of
Pakistan, including by eliminating terrorist training camps or
facilities, arresting members of Al Qaeda and associated
terrorist groups, and countering recruitment efforts;
(2) is making concerted efforts to prevent the Taliban from
using the territory of Pakistan as a sanctuary from which to
launch attacks within Afghanistan, including by arresting
Taliban leaders, stopping cross-border incursions, and
countering recruitment efforts; and
(3) is implementing democratic reforms, including--
(A) restoring the Constitution of Pakistan and
ensuring freedoms of expression and assembly and other
civil liberties guaranteed by the Constitution;
(B) releasing political detainees and allowing
inclusive democratic elections;
(C) ending harassment and detention of journalists,
human rights defenders and government critics by
security and intelligence forces; and
(D) restoring an independent judiciary and ending
interference in the judicial process.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Pakistan, up to $5,000,000
may be used for administrative expenses of the United States Agency for
International Development: Provided, That none of the funds appropriated
by this Act may be made available for cash transfer assistance for
Pakistan.
SRI LANKA
Sec. 699G. <<NOTE: Certification.>> (a) None of the funds
appropriated by this Act under the heading ``Foreign Military Financing
Program'' may be made available for assistance for Sri Lanka, no defense
export license may be issued, and no military equipment or technology
shall be sold or transferred to Sri Lanka pursuant to the authorities
contained in this Act or any other Act, unless the Secretary of State
certifies to the Committee on Appropriations that--
(1) the Sri Lankan military is suspending and the Sri Lankan
Government is bringing to justice members of the military who
have been credibly alleged to have committed gross violations of
human rights or international humanitarian law, including
complicity in the recruitment of child soldiers;
(2) the Sri Lankan Government is providing access to
humanitarian organizations and journalists throughout the
country consistent with international humanitarian law; and
(3) the Sri Lankan Government has agreed to the
establishment of a field presence of the Office of the United
Nations
[[Page 121 STAT. 2372]]
High Commissioner for Human Rights in Sri Lanka with sufficient
staff and mandate to conduct full and unfettered monitoring
throughout the country and to publicize its findings.
(b) Subsection (a) shall not apply to technology or equipment made
available for the limited purposes of maritime and air surveillance and
communications.
MULTILATERAL DEVELOPMENT BANKS
Sec. 699H. (a) World Bank Inspection Panel.--The Secretary of the
Treasury shall instruct the United States Executive Director to the
World Bank to inform the Bank of, and use the voice and vote of the
United States to achieve transparency reforms of the selection process
for members of the World Bank Inspection Panel, including--
(1) posting Inspection Panel position vacancy announcements
on the Inspection Panel's website and in publications that have
wide circulation in member countries;
(2) making public official procedures for the selection of
Inspection Panel vacancies; and
(3) posting on the Inspection Panel's website the names of
the members of the selection committee and the name or names of
the individuals proposed by the selection committee to the
President of the World Bank.
(b) Authorizations.--
(1) Section 501(i) of title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public Law 106-113, as amended by
section 591(b) of division D of Public Law 108-447, <<NOTE: 22
USC 2395a note.>> is further amended by striking ``fiscal'' and
all that follows through ``which'' and inserting in lieu thereof
``fiscal years 2000-2010, which''.
(2) Section 801(b)(1)(ii) of Public Law 106-429, as amended
by section 591(a)(2) of division D of Public Law <<NOTE: 114
Stat. 1900A-64.>> 108-447, is further amended by striking
``fiscal years 2004-2006'' and by inserting in lieu thereof
``fiscal years 2004-2010''.
MILLENNIUM CHALLENGE CORPORATION
Sec. 699I. (a) Section 607(b) of the Millennium Challenge Act of
2003 (22 U.S.C. 7706) is amended--
(1) in paragraph (2)(B) by striking ``and the sustainable
management of natural resources''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding the following subparagraph:
``(C) promote the protection of biodiversity and the
transparent and sustainable management and use of
natural resources.''.
(b)(1) <<NOTE: Deadline. Reports.>> 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
[[Page 121 STAT. 2373]]
be obligated and expended in fiscal year 2008 and subsequent fiscal
years.
(2) The report required in paragraph (1) shall include, at a
minimum, a description of--
(A) compacts in development, including the status of
negotiations and the approximate range of value of the proposed
compact;
(B) compacts in implementation, including the projected
expenditure and disbursement of compact funds during fiscal year
2008 and subsequent fiscal years as determined by the country
compact;
(C) threshold country programs in development, including the
approximate range of value of the threshold country agreement;
(D) threshold country programs in implementation;
(E) use of administrative funds.
(3) The <<NOTE: Notification. Deadline.>> Chief Executive Officer of
the Millennium Challenge Corporation shall notify the Committees on
Appropriations not later than 15 days prior to signing any new country
compact or new threshold country program; terminating or suspending any
country compact or threshold country program; or commencing negotiations
for any new compact or threshold country program.
(4) <<NOTE: Reports. Deadline.>> The report required in paragraph
(1) shall be updated on a quarterly basis.
CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS
Sec. 699J. Section 1059(c) of the National Defense Authorization Act
for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended by adding at the
end the following:
``(3) Carry forward.--If the numerical limitation described
in paragraph (1) is not reached during a given fiscal year, the
numerical limitation for the following fiscal year shall be
increased by a number equal to the difference between the number
of visas authorized for the given fiscal year and the number of
aliens provided special immigrant status during the given fiscal
year.''.
IRAQ
Sec. 699K. (a) None of the funds appropriated or otherwise made
available by this Act may be made available for assistance for Iraq.
(b) Subsection (a) shall not apply to funds appropriated by this Act
under the heading ``Economic Support Fund'' that are made available to
rescue Iraqi scholars and for the fund established by section 2108 of
Public Law 109-13, to funds made available under the heading
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' for
the removal and disposal of land mines and other unexploded ordnance,
small arms and light weapons in Iraq, or for assistance for refugees and
internally displaced persons.
anti-kleptocracy
Sec. 699L. <<NOTE: Records. 8 USC 1182 note.>> (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
[[Page 121 STAT. 2374]]
list of officials of foreign governments and their immediate family
members who the Secretary determines there is credible evidence to
believe have been involved in corruption relating to the extraction of
natural resources in their countries.
(b) Any individual on the list submitted under subsection (a) shall
be ineligible for admission to the United States.
(c) <<NOTE: Waiver authority.>> The Secretary may waive the
application of subsection (a) if the Secretary determines that admission
to the United States is necessary to attend the United Nations or to
further United States law enforcement objectives, or that the
circumstances which caused the individual to be included on the list
have changed sufficiently to justify the removal of the individual from
the list.
(d) Not <<NOTE: Deadline. Reports.>> later than 90 days after
enactment of this Act and 180 days thereafter, the Secretary of State
shall submit a report, in classified form if necessary, to the
Committees on Appropriations describing the evidence considered in
determining involvement pursuant to subsection (a).
COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN
Sec. 699M. (a) <<NOTE: Deadline. President.>> Not later than 180
days after the date of the enactment of this Act, the President shall
submit to Congress a comprehensive nuclear threat reduction and security
plan, in classified and unclassified forms--
(1) for ensuring that all nuclear weapons and weapons-usable
material at vulnerable sites are secure by 2012 against the
threats that terrorists have shown they can pose; and
(2) for working with other countries to ensure adequate
accounting and security for such materials on an ongoing basis
thereafter.
(b) For each element of the accounting and security effort described
under subsection (a)(2), the plan shall--
(1) clearly designate agency and departmental responsibility
and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones to be
achieved;
(3) provide estimates of the program budget requirements and
resources to meet the goals for each year; and
(4) provide the strategy for diplomacy and related tools and
authority to accomplish the program element;
(5) provide a strategy for expanding the financial support
and other assistance provided by other countries, particularly
Russia, the European Union and its member states, China, and
Japan, for the purposes of securing nuclear weapons and weapons-
usable material worldwide; and
(6) outline the progress in and impediments to securing
agreement from all countries that possess nuclear weapons or
weapons-usable material on a set of global nuclear security
standards, consistent with their obligation to comply with
United Nations Security Council Resolution 1540.
PROHIBITION ON PROMOTION OF TOBACCO
Sec. 699N. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products,
[[Page 121 STAT. 2375]]
except for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
UNOBLIGATED FUNDS RESCISSIONS
Sec. 699O. (a) Of the funds appropriated under the heading ``Subsidy
Appropriation'' for the Export-Import Bank of the United States that are
available for tied-aid grants in title I of Public Law 107-115 and under
such heading in prior Acts making appropriations for foreign operations,
export financing, and related programs, $25,000,000 are rescinded.
(b) Of the funds appropriated under the heading ``Economic Support
Fund'' in prior Acts making appropriations for foreign operations,
export financing, and related programs, $133,000,000 are rescinded.
ACROSS-THE-BOARD RESCISSION
Sec. 699P. (a) Bill-wide Rescissions.--There is hereby rescinded an
amount equal to .81 percent of the budget authority provided for fiscal
year 2008 for any discretionary account in this Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying
explanatory statements for the relevant fiscal year covering
such account or item, or for accounts and items not included in
appropriation Acts, as delineated in the most recently submitted
President's budget).
(c) OMB Report.--Within 30 days after the date of the enactment of
this section, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations a report specifying the
account and amount of each rescission made pursuant to this section.
(d) Exception.--The rescission in subsection (a) shall not apply to
funds provided in this Act designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008''.
DIVISION K--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2008.>> HOUSING
AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
TITLE <<NOTE: Department of Transportation Appropriations Act, 2008.>> 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
[[Page 121 STAT. 2376]]
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 <<NOTE: Notification.>> notice of any change in
funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
not to exceed $60,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $9,140,900.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $13,883,900.
Working Capital Fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $128,094,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further, That
the above limitation on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working Capital
Fund without the approval of the agency modal administrator: Provided
further, That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice of
such assessments and the basis therefor are presented to the
[[Page 121 STAT. 2377]]
House and Senate Committees on Appropriations and are approved by such
Committees.
Minority Business Resource Center Program
For the cost of guaranteed loans, $370,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $523,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $2,970,000, to remain available until September 30, 2009:
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
for business opportunities related to any mode of transportation.
Payments to Air Carriers
(Airport and Airway Trust Fund)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $60,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in determining
between or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That, if the funds under this heading are
insufficient to meet the costs of the essential air service program in
the current fiscal year, the Secretary shall transfer such sums as may
be necessary to carry out the essential air service program from any
available amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
compensation for air carriers
(rescission)
Of the remaining unobligated balances under section 101(a)(2) of
Public Law 107-42, $22,000,000 are rescinded.
Administrative Provisions--Office of the Secretary of Transportation
Sec. 101. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 102. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the
[[Page 121 STAT. 2378]]
modal administrations in this Act, except for activities underway on the
date of enactment of this Act, unless such assessments or agreements
have completed the normal reprogramming process for Congressional
notification.
Sec. 103. None of the funds made available under this Act may be
obligated or expended to establish or implement a program under which
essential air service communities are required to assume subsidy costs
commonly referred to as the EAS local participation program.
Federal Aviation Administration
Operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108-176,
$8,740,000,000, of which $6,397,060,900 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,969,638,000
shall be available for air traffic organization activities; not to
exceed $1,082,602,000 shall be available for aviation safety activities;
not to exceed $12,549,000 shall be available for commercial space
transportation activities; not to exceed $100,593,000 shall be available
for financial services activities; not to exceed $91,214,000 shall be
available for human resources program activities; not to exceed
$286,848,000 shall be available for region and center operations and
regional coordination activities; not to exceed $162,351,000 shall be
available for staff offices; and not to exceed $38,650,000 shall be
available for information services: Provided, That not to exceed 2
percent of any budget activity, except for aviation safety budget
activity, may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation by more than 2 percent: Provided further, That any
transfer in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That the Secretary utilize not
less than $6,000,000 of the funds provided for aviation safety
activities to pay for staff increases in the Office of Aviation Flight
Standards and the Office of Aircraft Certification: Provided further,
That not later than <<NOTE: Deadlines. Reports. 49 USC 44506
note.>> March 31 of each fiscal year hereafter, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of Public Law 108-176: Provided further, That the amount
herein appropriated shall be reduced by $100,000 for each day after
March 31 that such report has not been submitted to the Congress:
Provided further, That funds may be used to enter into a grant agreement
with a nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further, That none
[[Page 121 STAT. 2379]]
of the funds in this Act shall be available for new applicants for the
second career training program: Provided further, That none of the funds
in this Act shall be available for the Federal Aviation Administration
to finalize or implement any regulation that would promulgate new
aviation user fees not specifically authorized by law after the date of
the enactment of this Act: Provided further, That there may be credited
to this appropriation funds received from States, counties,
municipalities, foreign authorities, other public authorities, and
private sources, for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $8,500,000 shall be for
the contract tower cost-sharing program: Provided further, That none of
the funds in this Act shall be available for paying premium pay under 5
U.S.C. 5546(a) to any Federal Aviation Administration employee unless
such employee actually performed work during the time corresponding to
such premium pay: Provided further, That none of the funds in this Act
for aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund: Provided
further, That none of the funds in this Act may be obligated or expended
for an employee of the Federal Aviation Administration to purchase a
store gift card or gift certificate through use of a Government-issued
credit card.
Facilities and Equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of air navigation and experimental facilities and
equipment, as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of necessary sites by
lease or grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related accommodations for
officers and employees of the Federal Aviation Administration stationed
at remote localities where such accommodations are not available; and
the purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,513,611,000, of which $2,053,638,000 shall remain available until
September 30, 2010, and of which $459,973,000 shall remain available
until September 30, 2008: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment and modernization of air navigation facilities:
Provided further, That <<NOTE: Investment plan.>> 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
[[Page 121 STAT. 2380]]
through 2013, with total funding for each year of the plan constrained
to the funding targets for those years as estimated and approved by the
Office of Management and Budget.
Research, Engineering, and Development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$146,828,100, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2010: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
Grants-in-Aid for Airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $4,399,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,514,500,000 in fiscal year 2008, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not more than
$80,676,000 shall be obligated for administration, not less than
$10,000,000 shall be available for the airport cooperative research
program, not less than $18,712,000 shall be for Airport Technology
Research and $10,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary, Salaries and
Expenses'' to carry out the Small Community Air Service Development
Program.
[[Page 121 STAT. 2381]]
(rescission)
Of the amounts authorized under sections 48103 and 48112 of title
49, United States Code, $185,500,000 is rescinded from amounts
authorized for the fiscal year ending September 30, 2007, and prior
years; and $85,000,000 is rescinded from amounts authorized for the
fiscal year ending September 30, 2008.
Administrative Provisions--Federal Aviation Administration
Sec. 110. None of the funds in this Act may be used to compensate in
excess of 425 technical staff-years under the federally funded research
and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2008.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2008, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2006,'' each place it appears and inserting
``2008,''.
(b) Section 44303(b) of such title is amended by striking ``2006,''
and inserting ``2008,''.
Sec. 115. None of the funds appropriated or limited by this Act may
be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 116. Extension of Taxes and Expenditure Authority Relating to
Airport and Airway Trust Fund. (a) Fuel Taxes.--Subparagraph (B) of
section 4081(d)(2) of the Internal Revenue Code of <<NOTE: 26 USC
4081.>> 1986 is amended by striking ``September 30, 2007'' and inserting
``February 29, 2008''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of such
Code is amended by striking ``September 30, 2007'' and inserting
``February 29, 2008''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``September 30, 2007'' and inserting
``February 29, 2008''.
[[Page 121 STAT. 2382]]
(c) Airport and Airway Trust Fund Expenditure Authority.--
(1) In general.--Paragraph (1) of <<NOTE: 26 USC
9502.>> section 9502(d) of such Code is amended--
(A) by striking ``October 1, 2007'' and inserting
``March 1, 2008'', and
(B) by inserting ``or the Department of
Transportation Appropriations Act, 2008'' in
subparagraph (A) before the semicolon at the end.
(2) Conforming amendment.--Paragraph (2) of section 9502(f)
of such Code is amended by striking ``October 1, 2007'' and
inserting ``March 1, 2008''.
(d) Effective <<NOTE: 26 USC 4081 note.>> Date.--The amendments made
by this section shall take effect on October 1, 2007.
Sec. 117. Labor <<NOTE: Applicability. 49 USC 42112
note.>> Integration. (a) Labor Integration.--With respect to any covered
transaction involving two or more covered air carriers that results in
the combination of crafts or classes that are subject to the Railway
Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor
protective provisions imposed by the Civil Aeronautics Board in the
Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to
the integration of covered employees of the covered air carriers; except
that--
(1) if the same collective bargaining agent represents the
combining crafts or classes at each of the covered air carriers,
that collective bargaining agent's internal policies regarding
integration, if any, will not be affected by and will supersede
the requirements of this section; and
(2) the requirements of any collective bargaining agreement
that may be applicable to the terms of integration involving
covered employees of a covered air carrier shall not be affected
by the requirements of this section as to the employees covered
by that agreement, so long as those provisions allow for the
protections afforded by sections 3 and 13 of the Allegheny-
Mohawk provisions.
(b) Definitions.--In this section, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' means an air
carrier that holds a certificate issued under chapter 411 of
title 49, United States Code.
(2) Covered air carrier.--The term ``covered air carrier''
means an air carrier that is involved in a covered transaction.
(3) Covered employee.--The term ``covered employee'' means
an employee who--
(A) is not a temporary employee; and
(B) is a member of a craft or class that is subject
to the Railway Labor Act (45 U.S.C. 151 et seq.).
(4) Covered transaction.--The term ``covered transaction''
means--
(A) a transaction for the combination of multiple
air carriers into a single air carrier; and which
(B) involves the transfer of ownership or control
of--
(i) 50 percent or more of the equity
securities (as defined in section 101 of title 11,
United States Code) of an air carrier; or
(ii) 50 percent or more (by value) of the
assets of the air carrier.
[[Page 121 STAT. 2383]]
(c) Application.--This section shall not apply to any covered
transaction involving a covered air carrier that took place before the
date of enactment of this Act.
(d) Effectiveness of Provision.--This section shall become effective
on the date of enactment of this Act and shall continue in effect in
fiscal years after fiscal year 2008.
Federal Highway Administration
limitation on administrative expenses
Not to exceed $377,556,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
paid in accordance with law from appropriations made available by this
Act to the Federal Highway Administration for necessary expenses for
administration and operation.
Federal-Aid Highways
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which are in excess of $40,216,051,359 for Federal-aid
highways and highway safety construction programs for fiscal year 2008:
Provided, That within the $40,216,051,359 obligation limitation on
Federal-aid highways and highway safety construction programs, not more
than $429,800,000 shall be available for the implementation or execution
of programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2008: Provided
further, That this limitation on transportation research programs shall
not apply to any authority previously made available for obligation:
Provided further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend fees to cover
the costs of services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay for
such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(Additional Obligation Limitation)
(Highway Trust Fund)
For an additional amount of obligation limitation to be distributed
for the purpose of section 144(e) of title 23, United States Code,
$1,000,000,000: Provided, That such obligation limitation shall be used
only for a purpose eligible for obligation with funds apportioned under
such section and shall be distributed in accordance with the formula in
such section: Provided further, That such
[[Page 121 STAT. 2384]]
obligation limitation shall remain available for a period of three
fiscal years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years: Provided further, That in
distributing obligation authority under this paragraph, the Secretary
shall ensure that such obligation limitation shall supplement and not
supplant each State's planned obligations for such purposes.
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, not otherwise provided,
including reimbursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $41,955,051,359 or so much thereof as may be available in
and derived from the Highway Trust Fund (other than the Mass Transit
Account), to remain available until expended.
(RESCISSION)
(HIGHWAY TRUST FUND)
Of the unobligated balances of funds apportioned to each State under
chapter 1 of title 23, United States Code, $3,150,000,000 are rescinded:
Provided, That such rescission shall not apply to the funds distributed
in accordance with sections 130(f) and 104(b)(5) of title 23, United
States Code; sections 133(d)(1) and 163 of such title, as in effect on
the day before the date of enactment of Public Law 109-59; and the first
sentence of section 133(d)(3)(A) of such title.
I-35W BRIDGE REPAIR AND RECONSTRUCTION
For necessary expenses to carry out the project for repair and
reconstruction of the Interstate 35W bridge located in Minneapolis,
Minnesota, that collapsed on August 1, 2007, as authorized under section
1(c) of Public Law 110-56, up to $195,000,000, as documented by the
Minnesota Department of Transportation to remain available until
expended: Provided, That the amount provided under this heading is
designated as described in section 5 (in the matter preceding division A
of this consolidated Act): Provided further, That the Federal share of
the costs of any project funded using amounts made available under this
section shall be 100 percent in accordance with section 1(b) of Public
Law 110-56.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for West Virginia corridor H of the
Appalachian Development Highway System as authorized under section
1069(y) of Public Law 102-240, as amended, $15,680,000, to remain
available until expended.
DELTA REGIONAL TRANSPORTATION DEVELOPMENT PROGRAM
For necessary expenses for the Delta Regional Transportation
Development Program as authorized under section 1308 of Public Law 109-
59, $14,014,000, to remain available until expended.
[[Page 121 STAT. 2385]]
Administrative Provisions--Federal Highway Administration
(including rescissions)
Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2008, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users); the highway use tax evasion program;
the programs, projects and activities funded by the set aside
authorized by section 129 of this Act; the Bureau of
Transportation Statistics; and additional obligation limitation
provided in this Act for the purpose of section 144(e) of title
23, United States Code;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be
appropriated for provisions of law described in
paragraphs (1) through (9) of subsection (b) and sums
authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users; sections 117 (but individually for each
project numbered 1 through 3676 listed in the table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users) and 144(g) of
title 23, United States Code; and section 14501 of title 40,
United States Code, so that the amount of obligation authority
available for each of such sections is equal to the amount
determined by multiplying the ratio determined under paragraph
(3) by the sums authorized to be appropriated for that section
for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4), for each of the programs that are allocated by
the
[[Page 121 STAT. 2386]]
Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code (other than to programs to which paragraphs
(1) and (4) apply), by multiplying the ratio determined under
paragraph (3) by the amounts authorized to be appropriated for
each such program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5), for Federal-aid highways and highway
safety construction programs (other than the amounts apportioned
for the equity bonus program, but only to the extent that the
amounts apportioned for the equity bonus program for the fiscal
year are greater than $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by the
Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section 147
of the Surface Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and
(j) of section 131 of the Surface Transportation Assistance Act of 1982;
(5) under subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987; (6) under
sections 1103 through 1108 of the Intermodal Surface Transportation
Efficiency Act of 1991; (7) under section 157 of title 23, United States
Code, as in effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under section 105 of
title 23, United States Code, as in effect for fiscal years 1998 through
2004, but only in an amount equal to $639,000,000 for each of those
fiscal years; (9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act for the
21st Century or subsequent public laws for multiple years or to remain
available until used, but only to the extent that the obligation
authority has not lapsed or been used; (10) under section 105 of title
23, United States Code, but only in an amount equal to $639,000,000 for
each of fiscal years 2005 through 2008; and (11) under section 1603 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, to the extent that funds obligated in accordance with
that section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal year,
revise a distribution of the obligation limitation made available under
subsection (a) if the amount distributed cannot be obligated during that
fiscal year and redistribute sufficient amounts to those States able to
obligate amounts in addition
[[Page 121 STAT. 2387]]
to those previously distributed during that fiscal year, giving priority
to those States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users, except that obligation authority made available for such programs
under such limitation shall remain available for a period of 3 fiscal
years and shall be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In <<NOTE: Deadline.>> general.--Not later than 30 days
after the date of the distribution of obligation limitation
under subsection (a), the Secretary shall distribute to the
States any funds that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated
to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any
obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(4) for the provision
specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained
[[Page 121 STAT. 2388]]
in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 122. Of the unobligated balances made available under sections
1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108 of Public Law 102-
240, $1,292,287.73 are rescinded.
Sec. 123. Of the unobligated balances made available under section
1602 of Public Law 105-178, $5,987,345.70 are rescinded.
Sec. 124. Of the unobligated balances made available under section
188(a)(1) of title 23, United States Code, as in effect on the day
before the date of enactment of Public Law 109-59, and under section
608(a)(1) of such title, $256,806,000 are rescinded.
Sec. 125. Of the amounts made available under section 104(a) of
title 23, United States Code, $43,358,601 are rescinded.
Sec. 126. Of the unobligated balances of funds made available in
fiscal year 2005 and prior fiscal years for the implementation or
execution of programs for transportation research, training and
education, and technology deployment including intelligent
transportation systems, $239,801,603 are rescinded.
Sec. 127. Of the amounts made available for ``Highway Related Safety
Grants'' by section 402 of title 23, United States Code, and
administered by the Federal Highway Administration, $11,314 in
unobligated balances are rescinded.
Sec. 128. Of the unobligated balances made available under Public
Law 101-516, Public Law 102-143, Public Law 103-331, Public Law 106-346,
Public Law 107-87, and Public Law 108-7, $4,753,687.26 are rescinded.
Sec. 129. Notwithstanding any other provision of law, the Secretary
of Transportation shall set aside from revenue aligned budget authority
authorized for fiscal year 2008 under section 110 of title 23, United
States Code, such sums as may be necessary for the programs, projects
and activities at the level of 98 percent of the corresponding amounts
identified under this section in the explanatory statement accompanying
this Act: Provided, That funds set aside by this section, at the request
of a State, shall be transferred by the Secretary to another Federal
agency: Provided further, That the Federal share payable on account of
any program, project, or activity carried out with funds set aside by
this section shall be 100 percent: Provided further, That the sums set
aside by this section shall remain available until expended: Provided
further, That all funds set aside by this section shall be subject to
any limitation on obligations for Federal-aid highways and highway
safety construction programs set forth in this Act or any other Act:
Provided further, That the obligation limitation made available for the
programs, projects, and activities for which funds are set aside by this
section shall remain available until used and shall be in addition to
the amount of any limitation imposed on obligations for Federal-aid
highway and highway safety construction programs for future fiscal
years: Provided further, That amounts authorized for fiscal year 2008
for revenue aligned budget authority
[[Page 121 STAT. 2389]]
under such section in excess of the amount set aside by the first clause
of this section are rescinded.
Sec. 130. <<NOTE: Deadline. Notice. Public comments. 23 USC 313
note.>> 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 <<NOTE: Reports.>> therefor: Provided, That the Secretary shall
provide an annual report to the Appropriations Committees of the
Congress on any waivers granted under the Buy America requirements.
Sec. 131. Notwithstanding any other provision of law, amounts
authorized for fiscal year 2008 for programs under sections 1305 and
1502 of Public Law 109-59 and section 503(b) of title 23, United States
Code, are rescinded.
Federal Motor Carrier Safety Administration
Motor Carrier Safety Operations and Programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i) of
title 49, United States Code, and sections 4127 and 4134 of Public Law
109-59, $229,654,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That none of the funds derived from the Highway Trust Fund in
this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
$229,654,000, for ``Motor Carrier Safety Operations and Programs'', of
which $8,900,000, to remain available for obligation until September 30,
2010, is for the research and technology program and $1,000,000 shall be
available for commercial motor vehicle operator's grants to carry out
section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds under this
heading for outreach and education shall be available for transfer:
Provided further, That $1,815,553 in unobligated balances are rescinded.
Motor Carrier Safety Grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49,
[[Page 121 STAT. 2390]]
United States Code, and sections 4126 and 4128 of Public Law 109-59,
$300,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which are
in excess of $300,000,000, for ``Motor Carrier Safety Grants''; of which
$202,000,000 shall be available for the motor carrier safety assistance
program to carry out sections 31102 and 31104(a) of title 49, United
States Code; $25,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of title 49,
United States Code; $32,000,000 shall be available for the border
enforcement grants program to carry out section 31107 of title 49,
United States Code; $5,000,000 shall be available for the performance
and registration information system management program to carry out
sections 31106(b) and 31109 of title 49, United States Code; $25,000,000
shall be available for the commercial vehicle information systems and
networks deployment program to carry out section 4126 of Public Law 109-
59; $3,000,000 shall be available for the safety data improvement
program to carry out section 4128 of Public Law 109-59; and $8,000,000
shall be available for the commercial driver's license information
system modernization program to carry out section 31309(e) of title 49,
United States Code: Provided further, That of the funds made available
for the motor carrier safety assistance program, $29,000,000 shall be
available for audits of new entrant motor carriers: Provided further,
That $11,260,214 in unobligated balances are rescinded.
Motor Carrier Safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $32,187,720 in unobligated balances are rescinded.
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Act, $5,212,858 in unobligated balances are rescinded.
Administrative Provisions--Federal Motor Carrier Safety Administration
Sec. 135. <<NOTE: Reports.>> Funds appropriated or limited in this
Act shall be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-28,
including that the Secretary submit a report to the House and Senate
Appropriations Committees annually on the safety and security of
transportation into the United States by Mexico-domiciled motor
carriers.
[[Page 121 STAT. 2391]]
Sec. 136. None of the funds made available under this Act may be
used to establish a cross-border motor carrier demonstration program to
allow Mexico-domiciled motor carriers to operate beyond the commercial
zones along the international border between the United States and
Mexico.
National Highway Traffic Safety Administration
Operations and Research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under subtitle C of title X
of Public Law 109-59, chapter 301 of title 49, United States Code, and
part C of subtitle VI of title 49, United States Code, $126,572,000, of
which $26,156,000 shall remain available until September 30, 2010:
Provided, That none of the funds appropriated by this Act may be
obligated or expended to plan, finalize, or implement any rulemaking to
add to section 575.104 of title 49 of the Code of Federal Regulations
any requirement pertaining to a grading standard that is different from
the three grading standards (treadwear, traction, and temperature
resistance) already in effect.
Operations and Research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, $107,750,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2008, are in excess of
$107,750,000 for programs authorized under 23 U.S.C. 403.
National Driver Register
(Liquidation of contract authorization)
(Limitation on obligations)
(Highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the total
obligations for which, in fiscal year 2008, are in excess of $4,000,000
for the National Driver Register authorized under such chapter.
[[Page 121 STAT. 2392]]
Highway Traffic Safety Grants
(Liquidation of contract authorization)
(Limitation on obligations)
(Highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
2010, and 2011 of Public Law 109-59, to remain available until expended,
$599,250,000 to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2008, are in excess of
$599,250,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408,
and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law
109-59, of which $225,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant Protection
Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall be for
``Safety Belt Performance Grants'' under 23 U.S.C. 406; $34,500,000
shall be for ``State Traffic Safety Information System Improvements''
under 23 U.S.C. 408; $131,000,000 shall be for ``Alcohol-Impaired
Driving Countermeasures Incentive Grant Program'' under 23 U.S.C. 410;
$18,250,000 shall be for ``Administrative Expenses'' under section
2001(a)(11) of Public Law 109-59; $29,000,000 shall be for ``High
Visibility Enforcement Program'' under section 2009 of Public Law 109-
59; $6,000,000 shall be for ``Motorcyclist Safety'' under section 2010
of Public Law 109-59; and $6,000,000 shall be for ``Child Safety and
Child Booster Seat Safety Incentive Grants'' under section 2011 of
Public Law 109-59: Provided further, That none of these funds shall be
used for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical assistance to
the States: Provided further, That not to exceed $750,000 of the funds
made available for the ``High Visibility Enforcement Program'' shall be
available for the evaluation required under section 2009(f) of Public
Law 109-59.
Administrative Provisions--National Highway
Traffic Safety Administration
(including rescissions)
Sec. 140. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23, United
States Code, an additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. Of the amounts made available under the heading
``Operations and Research (Liquidation of Contract Authorization)
[[Page 121 STAT. 2393]]
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $12,197,113.60 in unobligated balances are
rescinded.
Sec. 142. Of the amounts made available under the heading ``National
Driver Register (Liquidation of Contract Authorization) (Limitation on
Obligations) (Highway Trust Fund)'' in prior appropriations Acts,
$119,914.61 in unobligated balances are rescinded.
Sec. 143. Of the amounts made available under the heading ``Highway
Traffic Safety Grants (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $10,528,958 in unobligated balances are rescinded.
Federal Railroad Administration
Safety and Operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $150,193,499, of which $12,268,890 shall remain
available until expended.
Railroad Research and Development
For necessary expenses for railroad research and development,
$35,964,400, to remain available until expended.
Capital Assistance to States--Intercity
Passenger Rail Service
To enable the Federal Railroad Administrator to make grants to
States for the capital costs of improving existing intercity passenger
rail service and providing new intercity passenger rail service,
$30,000,000, to remain available until <<NOTE: Grants.>> expended:
Provided, That grants shall be provided to a State only on a
reimbursable basis: Provided further, That grants cover no more than 50
percent of the total capital cost of a project selected for funding:
Provided further, That no more than 10 percent of funds made available
under this program may be used for planning activities that lead
directly to the development of a passenger rail corridor investment plan
consistent with the requirements established by the Administrator:
Provided further, <<NOTE: Deadline. Criteria. Publication.>> That no
later than eight months following enactment of this Act, the Secretary
shall establish and publish criteria for project selection, set a
deadline for grant applications, and provide a schedule for project
selection: Provided further, That to be eligible for this assistance,
States must include intercity passenger rail service as an integral part
of statewide transportation planning as required under section 135 of
title 23, United States Code: Provided further, That to be eligible for
capital assistance the specific project must be on the Statewide
Transportation Improvement Plan at the time of the application to
qualify: Provided further, That the Secretary give priority to capital
and planning applications for projects that improve the safety and
reliability of intercity passenger trains, involve a commitment by
freight railroads to an enforceable on-time performance of passenger
trains of 80 percent or greater, involve a commitment by freight
railroads of financial resources commensurate with the benefit expected
to their operations, improve or extend service on a route that requires
little or no Federal assistance for its operations, and involve a
[[Page 121 STAT. 2394]]
commitment by States or railroads of financial resources to improve the
safety of highway/rail grade crossings over which the passenger service
operates.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section 502 of
such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during
fiscal year 2008.
rail line relocation and improvement program
For necessary expenses of carrying out section 20154 of title 49,
United States Code, as authorized by section 9002 of Public Law 109-59,
$20,145,000, to remain available until expended.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for operation of
intercity passenger rail, $475,000,000 to remain available until
expended: Provided, That the Secretary of Transportation shall approve
funding to cover operating losses for the Corporation only after
receiving and reviewing a grant request for each specific train route:
Provided further, That each such grant request shall be accompanied by a
detailed financial analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's
satisfaction: Provided further, That the Corporation is directed to
achieve savings through operating efficiencies including, but not
limited to, modifications to food and beverage service and first class
service: Provided further, That <<NOTE: Reports. Deadlines.>> the
Inspector General of the Department of Transportation shall report to
the House and Senate Committees on Appropriations beginning 3 months
after the date of the enactment of this Act and quarterly thereafter
with estimates of the savings accrued as a result of all operational
reforms instituted by the Corporation: Provided further, That
not <<NOTE: Deadline. Plan.>> 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 <<NOTE: Reports. Deadline.>> 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
[[Page 121 STAT. 2395]]
corrective measures: Provided further, That <<NOTE: Deadline. Business
plan.>> not later than 90 days after enactment of this Act, the
Corporation shall transmit, in electronic format, to the Secretary, the
House and Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation a comprehensive business plan approved by
the Board of Directors for fiscal year 2008 under section 24104(a) of
title 49, United States Code: Provided further, That the business plan
shall include, as applicable, targets for ridership, revenues, and
capital and operating expenses: Provided further, That the plan shall
also include a separate accounting of such targets for the Northeast
Corridor; commuter service; long-distance Amtrak service; State-
supported service; each intercity train route, including Autotrain; and
commercial activities including contract operations: Provided further,
That the business plan shall include a description of the work to be
funded, along with cost estimates and an estimated timetable for
completion of the projects covered by this business plan: Provided
further, That <<NOTE: Reports.>> the Corporation shall continue to
provide monthly reports in electronic format regarding the pending
business plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such changes, and
shall identify all sole source contract awards which shall be
accompanied by a justification as to why said contract was awarded on a
sole source basis: Provided further, That the Corporation's business
plan and all subsequent supplemental plans shall be displayed on the
Corporation's website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That none of
the funds under this heading may be obligated or expended until the
Corporation agrees to continue abiding by the provisions of paragraphs
1, 2, 5, 9, and 11 of the summary of conditions for the direct loan
agreement of June 28, 2002, in the same manner as in effect on the date
of enactment of this Act: Provided further, That none of the funds
provided in this Act may be used after March 1, 2006, to support any
route on which Amtrak offers a discounted fare of more than 50 percent
off the normal, peak fare: Provided further, That the preceding proviso
does not apply to routes where the operating loss as a result of the
discount is covered by a State and the State participates in the setting
of fares: Provided further, That of the amounts made available under
this heading not less than $18,500,000 shall be available for the Amtrak
Office of Inspector General.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the maintenance and
repair of capital infrastructure owned by the Corporation, including
railroad equipment, rolling stock, legal mandates and other services,
$850,000,000, to remain available until expended, of which not to exceed
$285,000,000 shall be for debt service obligations: Provided, That the
Secretary may retain up to one-quarter of 1 percent of the funds under
this heading to fund the oversight by the Federal Railroad
Administration of the design and implementation of capital projects
funded by grants made under this heading: Provided further, That the
Secretary shall approve funding for capital expenditures, including
advance
[[Page 121 STAT. 2396]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> Corporation: Provided further, That not later
than 180 days after the enactment of this Act, the Secretary, in
consultation with the Corporation and the States on the Northeast
Corridor, shall establish a common definition of what is determined to
be a ``state of good repair'' on the Northeast Corridor and report its
findings, including definitional areas of disagreement, to the House and
Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation.
Administrative Provisions--Federal Railroad Administration
Sec. 150. Notwithstanding any other provision of this Act, funds
provided in this Act for the National Railroad Passenger Corporation
shall immediately cease to be available to said Corporation in the event
that the Corporation contracts to have services provided at or from any
location outside the United States. For purposes of this section, the
word ``services'' shall mean any service that was, as of July 1, 2006,
performed by a full-time or part-time Amtrak employee whose base of
employment is located within the United States.
Sec. 151. <<NOTE: Deadlines. Reports.>> Not later than January 1,
2008, the Federal Railroad Administrator shall submit a report, and
quarterly reports thereafter, to the House and Senate Committees on
Appropriations detailing the Administrator's efforts at improving the
on-time performance of Amtrak intercity rail service operating on non-
Amtrak owned property. Such reports shall compare the most recent actual
on-time performance data to pre-established on-time performance goals
that the Administrator shall set for each rail service, identified by
route. Such reports shall also include whatever other information and
data regarding the on-time performance of Amtrak trains the
Administrator deems to be appropriate.
Sec. 152. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish
[[Page 121 STAT. 2397]]
the purposes of 49 U.S.C. 20134: Provided,
That <<NOTE: Guidelines.>> the Secretary shall prescribe guidelines for
the administration of such purchases and use.
Sec. 153. The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United
States Government owned automated track inspection cars and equipment as
a result of third party liability for such damages, and any amounts
collected under this subsection shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and shall
remain available until expended for the repair, operation and
maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.
Federal Transit Administration
Administrative Expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $89,300,000: Provided, That of the funds available under
this heading, not to exceed $1,504,000 shall be available for travel and
not to exceed $20,719,000 shall be available for the central account:
Provided further, That any funding transferred from the central account
shall be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That none of the funds provided or
limited in this Act may be used to create a permanent office of transit
security under this heading: Provided further, That of the funds in this
Act available for the execution of contracts under section 5327(c) of
title 49, United States Code, $2,000,000 shall be reimbursed to the
Department of Transportation's Office of Inspector General for costs
associated with audits and investigations of transit-related issues,
including reviews of new fixed guideway <<NOTE: Reports.>> systems:
Provided further, That upon submission to the Congress of the fiscal
year 2009 President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on new starts, including proposed
allocations of funds for fiscal year 2009.
FORMULA AND BUS GRANTS
(Liquidation of Contract Authority)
(Limitation on Obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335,
5339, and 5340 and section 3038 of Public Law 105-178, as amended,
$6,855,000,000, to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316,
5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178,
as amended, shall
[[Page 121 STAT. 2398]]
not exceed total obligations of $7,767,887,062 in fiscal year 2008:
Provided further, That of the funds available to carry out the bus
program under section 5309 of title 49, United States Code, which are
not otherwise allocated under this act or under SAFETEA-LU (Public Law
109-59), not more than 10 percent may be expended in furtherance of the
Department of Transportation's ``National Strategy to Reduce Congestion
on America's Transportation Network'' issued May, 2006 by Secretary of
Transportation, the Honorable Norman Mineta; also known as the
``Congestion Initiative'' or any other new highway congestion
initiative: Provided further, That $28,660,920 in unobligated balances
are rescinded.
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322,
and 5506, $65,362,900, to remain available until expended: Provided,
That $9,300,000 is available to carry out the transit cooperative
research program under section 5313 of title 49, United States Code,
$4,300,000 is available for the National Transit Institute under section
5315 of title 49, United States Code, and $7,000,000 is available for
university transportation centers program under section 5506 of title
49, United States Code: Provided further, That $44,762,900 is available
to carry out national research programs under sections 5312, 5313, 5314,
and 5322 of title 49, United States Code.
Capital Investment Grants
For necessary expenses to carry out section 5309 of title 49, United
States Code, $1,569,091,997, to remain available until expended:
Provided, That of the funds available under this heading, amounts are to
be made available as follows:
AC Transit BRT Corridor--Alameda County, California,
$490,000.
Alaska and Hawaii ferry projects, $15,000,000.
Bus Rapid Transit, Cumberland County, Pennsylvania,
$294,000.
Central Corridor Light Rail, Minnesota, $10,192,000.
Central Link Initial Segment, Washington, $68,600,000.
Central LRT Double-Track--Largo Extension, Maryland,
$34,300,000.
Central Phoenix/East Valley Light Rail, Arizona,
$88,200,000.
Charlotte Rapid Transit, North Carolina, $1,960,000.
CORRIDORone Regional Rail Project, Pennsylvania,
$10,976,000.
DCTA Fixed Guideway/Engineering, Lewisville, Texas,
$245,000.
Denali Commission, Alaska, $5,000,000.
Dulles Corridor Metrorail Project, Virginia, $34,300,000.
Galveston Rail Trolley, Texas, $1,960,000.
Honolulu High Capacity Transit Corridor, Hawaii,
$15,190,000.
Hudson-Bergen MOS-2, New Jersey, $54,089,135.
I-205/Portland Mall Light Rail, Oregon, $78,400,000.
I-69 HOV/BRT, Mississippi, $7,546,000.
JTA Bus Rapid Transit, Jacksonville, Florida, $9,329,600.
[[Page 121 STAT. 2399]]
Lane Transit District, Pioneer Parkway EmX Corridor, Oregon,
$14,504,000.
Long Island Rail Road East Side Access, New York,
$210,700,000.
MARC Commuter Rail Improvements and Rolling Stock, Maryland,
$9,800,000.
MBTA Fitchburg to Boston Rail Corridor Project,
Massachusetts, $5,880,000.
METRA Connects Southeast Service, Illinois, $7,227,500.
METRA Star Line, Illinois, $7,227,500.
METRA Union Pacific Northwest Line, Illinois, $7,227,500.
METRA Union Pacific West Line, Illinois, $7,227,500.
Metro Gold Line Eastside Extension, California, $78,400,000.
Metrorail Orange Line Expansion, Florida, $1,960,000.
Metro Rapid Bus System Gap Closure, Los Angeles, California,
$16,347,380.
Mid-Jordan Light Rail Extension, Utah, $19,600,000.
Monmouth-Ocean-Middlesex County Passenger Rail, New Jersey,
$980,000.
New Britain-Hartford Busway, Connecticut, $3,271,632.
Norfolk Light Rail Project, Virginia, $23,030,000.
North Corridor, Houston and Southeast Corridor, Texas,
$19,600,000.
North Shore Corridor & Blue Line, Massachusetts, $1,960,000.
NorthStar Commuter, Minnesota, $53,900,000.
Northern Indiana Commuter Transit District Recapitalization,
Indiana, $4,900,000.
North Shore LRT Connector, Pennsylvania, $32,846,115.
Northwest NJ-Northeast PA, Pennsylvania, $2,940,000.
NW/SE LRT MOS, Texas, $84,525,000.
Pacific Highway South BRT, King County, Washington,
$13,794,480.
Perris Valley Line Metrolink Extension, California,
$1,960,000.
Pawtucket/Central Falls Commuter Rail Station, Rhode Island,
$1,960,000.
Planning and Design, Bus Rapid Transit-State Avenue
Corridor, Wyandotte County, Kansas, $1,470,000.
Provo Orem Bus Rapid Transit, Utah, $4,018,000.
Rapid Transit (BRT) project, Livermore, California,
$2,940,000.
Ravenswood Line Extension, Illinois, $39,200,000.
Route 1 Bus Rapid Transit, Potomac Yard-Crystal City,
Alexandria and Arlington, Virginia, $980,000.
Second Avenue Subway Phase 1, New York, $167,810,300.
SMART EIS and PE, California, $1,960,000.
South County Commuter Rail Wickford Junction Station, Rhode
Island, $12,269,449.
Southeast Corridor LRT, Colorado, $50,529,274.
South Sacramento Corridor Phase 2, California, $4,410,000.
Telegraph Avenue-International Boulevard-East 14th Street
Bus Rapid Transit Corridor Improvements, California, $1,960,000.
Third Street Light Rail, San Francisco, California,
$11,760,000.
[[Page 121 STAT. 2400]]
Trans-Hudson Midtown Corridor, New Jersey, $14,700,000.
Troost Corridor Bus Rapid Transit, Missouri, $6,134,800.
West Corridor Light Rail Project, Colorado, $39,200,000.
University Link LRT, Washington, $19,600,000.
VIA Bus Rapid Transit Corridor Project, San Antonio, Texas,
$4,900,000.
Virginia Railway Express Extension--Gainesville/Haymarket,
Virginia, $490,000.
VRE Rolling Stock, Virginia, $3,920,000.
Weber County to Salt Lake City, Utah, $78,400,000.
Administrative Provisions--Federal Transit Administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds made
available by this Act under ``Federal Transit Administration, Capital
investment grants'' and bus and bus facilities under ``Federal Transit
Administration, Formula and bus grants'' for projects specified in this
Act or identified in reports accompanying this Act not obligated by
September 30, 2010, and other recoveries, shall be made available for
other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2007, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure, may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. Notwithstanding any other provision of law, unobligated
funds made available for a new fixed guideway systems projects under the
heading ``Federal Transit Administration, Capital Investment Grants'' in
any appropriations Act prior to this Act may be used during this fiscal
year to satisfy expenses incurred for such projects.
Sec. 164. During fiscal year 2008, each Federal Transit
Administration grant for a project that involves the acquisition or
rehabilitation of a bus to be used in public transportation shall be
funded for 90 percent of the net capital costs of a biodiesel bus or a
factory-installed or retrofitted hybrid electric propulsion system and
any equipment related to such a system: Provided, That the Secretary
shall have the discretion to determine, through practicable
administrative procedures, the costs attributable to the system and
related-equipment.
Sec. 165. Notwithstanding any other provision of law, in regard to
the Central Link Initial Segment Project, to the extent that Federal
funds remain available within the current budget for the project, the
Secretary shall, immediately upon the date of enactment of this Act,
amend the Full Funding Grant Agreement for said project to allow
remaining Federal funds to be used to support completion of the Airport
Link extension of said project.
Sec. 166. Amounts provided for a high capacity fixed guideway light
rail and mass transit project for the City of Albuquerque, New Mexico,
in Public Laws 106-69, 106-346 and 107-87 shall be available for bus and
bus facilities.
Sec. 167. Any unobligated amounts made available for the Commuter
Rail, Albuquerque to Santa Fe, New Mexico under the heading ``Capital
Investment Grants'' under the heading ``Federal
[[Page 121 STAT. 2401]]
Transit Administration'' in title I of division A of the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2418) shall be made available for public
transportation buses, equipment and facilities related to such buses,
and intermodal terminal in Albuquerque and Santa Fe, New Mexico, subject
to the requirements under section 5309 of title 49, United States Code.
Sec. 168. Notwithstanding any other provision of law, funds made
available for the Las Vegas Resort Corridor Fixed Guideway Project under
the Federal Transit Administration Capital Investment Grants Account in
any previous Appropriations Act, including Public Laws 108-7, 108-199,
108-447, and any unexpended funds in Federal Transit Administration
grant number NV-03-0019 may hereafter be made available until expended
to the Regional Transportation Commission of Southern Nevada for bus
rapid transit projects and bus and bus-related projects: Provided, That
funds made available for a project in accordance with this section shall
be administered under the terms and conditions set forth in 49 U.S.C.
5307, to the extent applicable.
Sec. 169. The second sentence of section 321 of the Department of
Transportation and Related Agencies Appropriations Act, 1986 (99 Stat.
1287) is repealed.
Sec. 170. None of the funds provided or limited under this Act may
be used to issue a final regulation under section 5309 of title 49,
United States Code, except that the Federal Transit Administration may
continue to review comments received on the proposed rule (Docket No.
FTA-2006-25737).
Sec. 171. Funds made available to the Putnam County, Florida, for
Ride Solutions buses and bus facilities in Public Laws 108-199, 108-447
and 109-115 that remain unobligated may be available to Putnam County
under the conditions of 49 U.S.C. 5312 to research, develop, fabricate,
test, demonstrate, deploy and evaluate a low floor bus to meet the needs
of Ride Solution in particular, and small urban and rural operators in
general.
Sec. 172. Of the balances available for this fiscal year to carry
out 49 U.S.C. 5309(b) left to the discretion of the Secretary of
Transportation, $104,697,038 are rescinded.
Sec. 173. Of the balances available for this fiscal year to carry
out 49 U.S.C. 5339 left to the discretion of the Secretary of
Transportation, $308,900 are rescinded.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
[[Page 121 STAT. 2402]]
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $17,392,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
Maritime Administration
Maritime Security Program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$156,000,000, to remain available until expended.
Operations and Training
For necessary expenses of operations and training activities
authorized by law, $121,992,000, of which $25,720,000 shall remain
available until September 30, 2008, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$14,139,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$10,500,000 shall remain available until expended for maintenance and
repair of Schoolships at State Maritime Schools.
Ship Disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$17,000,000, to remain available until expended.
ASSISTANCE TO SMALL SHIPYARDS
To make grants for capital improvements and related infrastructure
improvements at qualified shipyards that will facilitate the efficiency,
cost-effectiveness, and quality of domestic ship construction for
commercial and Federal Government use as authorized under section 3506
of Public Law 109-163, $10,000,000, to remain available until expended:
Provided, That <<NOTE: Deadline.>> to be considered for assistance, a
qualified shipyard shall submit an application for assistance no later
than 60 days after enactment of this Act: Provided further,
That <<NOTE: Grants. Deadline.>> from applications submitted under the
previous proviso, the Secretary of Transportation shall make grants no
later than 120 days after enactment of this Act in such amounts as the
Secretary determines: Provided further, That not to exceed 2 percent of
the funds appropriated under this heading shall be available for
necessary costs of grant administration.
Maritime Guaranteed Loan (Title XI) Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $8,408,000, of
which $5,000,000 shall remain available until expended: Provided, That
such costs, including the cost of modifying such loans,
[[Page 121 STAT. 2403]]
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That not to exceed $3,408,000 shall
be available for administrative expenses to carry out the guaranteed
loan program, which shall be transferred to and merged with the
appropriation for ``Operations and Training'', Maritime Administration.
Ship Construction
(rescission)
Of the unobligated balances available under this heading, $6,673,000
are rescinded.
Administrative Provisions--Maritime Administration
Sec. 175. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 176. No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant Marine Act,
1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess of the
appropriations and limitations contained in this Act or in any prior
appropriations Act.
Pipeline and Hazardous Materials Safety Administration
Administrative Expenses
For necessary administrative expenses of the Pipeline and Hazardous
Materials Safety Administration, $18,130,000, of which $639,000 shall be
derived from the Pipeline Safety Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$28,000,000, of which $1,761,000 shall remain available until September
30, 2010: Provided, That up to $1,200,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
[[Page 121 STAT. 2404]]
Pipeline Safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $79,828,000,
of which $18,810,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2010; of which
$61,018,000 shall be derived from the Pipeline Safety Fund, of which
$32,242,000 shall remain available until September 30, 2010: Provided,
That not less than $1,043,000 of the funds provided under this heading
shall be for the one-call State grant program.
Emergency Preparedness Grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2009: Provided, That not more than $28,318,000 shall
be made available for obligation in fiscal year 2008 from amounts made
available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made available for obligation by individuals other than
the Secretary of Transportation, or her designee.
Research and Innovative Technology Administration
Research and Development
For necessary expenses of the Research and Innovative Technology
Administration, $12,000,000, of which $6,036,000 shall remain available
until September 30, 2010: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$66,400,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents;
[[Page 121 STAT. 2405]]
and (2) the compliance of domestic and foreign air carriers with respect
to item (1) of this proviso.
Surface Transportation Board
Salaries and Expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,324,500: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2008, to
result in a final appropriation from the general fund estimated at no
more than $25,074,500.
General Provisions--Department of Transportation
(including transfers of funds)
(including rescissions)
Sec. 180. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 182. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit
[[Page 121 STAT. 2406]]
Administration's ``Research and University Research Centers'' account,
and to the Federal Railroad Administration's ``Safety and Operations''
account, except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway Administration, the
Federal Railroad Administration and the Federal Transit Administration
shall be made available for the eligible programs, projects and
activities at the level of 98 percent of the corresponding amounts
identified in the explanatory statement accompanying this Act for the
``Delta Regional Transportation Development Program'', ``Ferry Boats and
Ferry Terminal Facilities'', ``Federal Lands'', ``Interstate Maintenance
Discretionary'', ``Transportation, Community and System Preservation
Program'', ``Rail Line Relocation and Improvement Program'', ``Rail-
highway crossing hazard eliminations'', ``Alternatives analysis'', and
``Bus and bus facilities'': Provided, That amounts authorized within the
Federal Highway Administration for fiscal year 2008 for the Interstate
Maintenance Discretionary program under section 118(c) of title 23,
United States Code, the Ferry Boats and Ferry Terminal Facilities
program under section 147 of title 23, United States Code (excluding the
set-aside for projects on the National Highway System authorized by
section 147(b) of such title), the Public Lands Highways Discretionary
program under section 202(b)(1)(A) of title 23, United States Code, and
the Transportation, Community and System Preservation program under
section 1117 of Public Law 109-59 in excess of the amounts so set aside
by the first clause of this section for such programs, projects and
activities in the explanatory statement accompanying this Act are
rescinded: Provided further, That amounts authorized within the Federal
Railroad Administration for fiscal year 2008 for Rail-highway Crossing
Hazard Eliminations under section 104(d)(2)(A) of title 23, United
States Code (excluding the set-aside for certain improvements authorized
by section 104(d)(2)(E) of such title), in excess of the amounts so set
aside by the first clause of this section for such programs, projects
and activities in the explanatory statement accompanying this Act are
rescinded.
Sec. 187. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 188. <<NOTE: Notification. Deadline.>> None of the funds in
this Act to the Department of Transportation may be used to make a grant
unless the Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days before
any discretionary grant award, letter of intent, or full funding grant
agreement totaling $500,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant program of
the Federal Highway Administration including the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit Administration
other than the formula grants and fixed guideway modernization programs:
Provided, That <<NOTE: Notification.>> the Secretary gives concurrent
notification to the House and Senate Committees
[[Page 121 STAT. 2407]]
on Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
Sec. 189. Rebates, refunds, incentive payments, minor fees and other
funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 190. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided, That
prior <<NOTE: Notification.>> to the transfer of any
such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'', has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
Sec. 191. (a) Funds provided in Public Law 102-143 in the item
relating to ``Highway Bypass Demonstration Project'' shall be available
for the improvement of Route 101 in the vicinity of Prunedale, Monterey
County, California.
(b) Funds provided under section 378 of the Department of
Transportation and Related Agencies Appropriations Act, 2001 (Public Law
106-346, 114 Stat. 1356, 1356A-41), for the reconstruction of School
Road East in Marlboro Township, New Jersey, shall be available for the
Spring Valley Road Project in Marlboro Township, New Jersey.
(c) Notwithstanding any other provision of law, of the unexpended
balance of funds made available in title I, chapter III, of Public Law
97-216 (96 Stat. 180, 187) under the heading ``Federal-aid Highway
Program'' to execute contracts to replace or rehabilitate highway
bridges, as designated on page 19 of House Report 97-632, $5,000,000
shall be made available for East Chicago Road Reconstruction, East
Chicago, Indiana, and the remaining unexpended funds shall be made
available for Calumet Avenue Grade Separation, Munster, Indiana.
[[Page 121 STAT. 2408]]
(d) Of the unobligated balance appropriated under the heading
``Highway Demonstration Projects'' in title I of Public Law 102-143 (105
Stat. 929) that was allocated for Routes 70/38 Circle Elimination, New
Jersey, $1,500,000 shall be transferred to, and made available for, the
Delaware Street Bridge Replacement Project, (CR640) Bridge over Mathews
Branch in West Deptford Township, New Jersey.
Sec. 192. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming action
that requires notice to be provided to the House and Senate Committees
on Appropriations, said reprogramming action shall be approved or denied
solely by the Committees on Appropriations: Provided, That the Secretary
may provide notice to other congressional committees of the action of
the Committees on Appropriations on such reprogramming but not sooner
than 30 days following the date on which the reprogramming action has
been approved or denied by the House and Senate Committees on
Appropriations.
Sec. 193. (a) None of the funds appropriated or otherwise made
available under this Act to the Surface Transportation Board of the
Department of Transportation may be used to take any action to allow any
activity described in subsection (b) in a case, matter, or declaratory
order involving a railroad, or an entity claiming or seeking authority
to operate as a railroad, unless the Board receives written assurance
from the Governor, or the Governor's designee, of the State in which
such activity will occur that such railroad or entity has agreed to
comply with State and local regulations that establish public health,
safety, and environmental standards for the activities described in
subsection (b), other than zoning laws or regulations.
(b) Activities referred to in subsection (a) are activities that
occur at a solid waste rail transfer facility involving--
(1) the collection, storage, or transfer of solid waste (as
defined in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903)) outside of original shipping containers; or
(2) the separation or processing of solid waste (including
baling, crushing, compacting, and shredding).
Sec. 194. None of the funds appropriated or otherwise made available
under this Act may be used by the Surface Transportation Board of the
Department of Transportation to charge or collect any filing fee for
rate complaints filed with the Board in an amount in excess of the
amount authorized for district court civil suit filing fees under
section 1914 of title 28, United States Code.
Sec. 195. <<NOTE: Deadline. Website. 5 USC app. 6 note.>> Not later
than 30 days after the date of enactment of this Act, the Secretary of
Transportation shall establish and maintain on the homepage of the
Internet website of the Department of Transportation--
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Transportation; and
(2) a mechanism by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to the Department
of Transportation.
Sec. 196. None of the funds appropriated or otherwise made available
by this Act may be obligated or expended by the Administrator of the
Federal Aviation Administration to displace, reassign, reduce the salary
of, or subject to a reduction in force any employee at the Academy or
discontinue the use of the FAA Academy as
[[Page 121 STAT. 2409]]
the primary training facility for air traffic controller training as a
result of implementing the Air Traffic Control Optimum Training Solution
in its entirety, prior to September 30, 2008.
Sec. 197. Prohibition on Imposition and Collection of Tolls on
Certain Highways Constructed Using Federal Funds. (a) Definitions.--In
this section:
(1) Federal highway facility.--
(A) In general.--The term ``Federal highway
facility'' means--
(i) any highway, bridge, or tunnel on the
Interstate System that is constructed using
Federal funds; or
(ii) any United States highway.
(B) Exclusion.--The term ``Federal highway
facility'' does not include any right-of-way for any
highway, bridge, or tunnel described in subparagraph
(A).
(2) Tolling provision.--The term ``tolling provision'' means
section 1216(b) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 129 note; 112 Stat. 212);
(b) Prohibition.--
(1) In general.--None of the funds made available by this
Act shall be used to consider or approve an application to
permit the imposition or collection of any toll on any portion
of a Federal highway facility in the State of Texas--
(A)(i) that is in existence on the date of enactment
of this Act; and
(ii) on which no toll is imposed or collected under
a tolling provision on that date of enactment; or
(B) that would result in the Federal highway
facility having fewer non-toll lanes than before the
date on which the toll was first imposed or collected.
(2) Exemption.--Paragraph (1) shall not apply to the
imposition or collection of a toll on a Federal highway
facility--
(A) on which a toll is imposed or collected under a
tolling provision on the date of enactment of this Act;
or
(B) that is constructed, under construction, or the
subject of an application for construction submitted to
the Secretary, after the date of enactment of this Act.
(c) State Buy-Back.--None of the funds made available by this Act
shall be used to impose or collect a toll on a Federal highway facility
in the State of Texas that is purchased by the State of Texas on or
after the date of enactment of this Act.
Sec. 198. Notwithstanding any other provision of law, the funding
made available for the Schuylkill Valley Metro project through the
Department of Transportation Appropriations Acts for Federal Fiscal
Years 2004 and 2005 shall remain available for that project during
fiscal year 2008.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2008''.
[[Page 121 STAT. 2410]]
TITLE <<NOTE: Department of Housing and Urban Development Appropriations
Act, 2008.>> II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Executive Direction
For necessary salaries and expenses for Executive Direction,
$24,980,000, of which not to exceed $3,930,000 shall be available for
the immediate Office of the Secretary and Deputy Secretary; not to
exceed $1,580,000 shall be available for the Office of Hearings and
Appeals; not to exceed $510,000 shall be available for the Office of
Small and Disadvantaged Business Utilization, not to exceed $725,000
shall be available for the immediate Office of the Chief Financial
Officer; not to exceed $1,155,000 shall be available for the immediate
Office of the General Counsel; not to exceed $2,670,000 shall be
available to the Office of the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $2,520,000 shall be for the
Office of the Assistant Secretary for Public Affairs; not to exceed
$1,630,000 shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $1,620,000 shall be available to the
Office of the Assistant Secretary for Public and Indian Housing; not to
exceed $1,520,000 shall be available to the Office of the Assistant
Secretary for Community Planning and Development; not to exceed
$3,600,000 shall be available to the Office of the Assistant Secretary
for Housing, Federal Housing Commissioner; not to exceed $1,570,000
shall be available to the Office of the Assistant Secretary for Policy
Development and Research; and not to exceed $1,950,000 shall be
available to the Office of the Assistant Secretary for Fair Housing and
Equal Opportunity: Provided, <<NOTE: Notification.>> That the Secretary
of the Department of Housing and Urban Development is authorized to
transfer funds appropriated for any office funded under this heading to
any other office funded under this heading following the written
notification to the House and Senate Committees on Appropriations:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such transfers:
Provided further, <<NOTE: Notification.>> That notice of any change in
funding greater than 5 percent shall be submitted for prior approval to
the House and Senate Committees on Appropriations: Provided
further, <<NOTE: Notification.>> That the Secretary shall provide the
Committees on Appropriations quarterly written notification regarding
the status of pending congressional reports: Provided further, That not
to exceed $25,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for official
reception and representation expenses as the Secretary may determine.
ADMINISTRATION, OPERATIONS AND MANAGEMENT
For necessary salaries and expenses for administration, operations
and management for the Department of Housing and Urban Development,
$493,630,000, of which not to exceed $69,070,000 shall be available for
the personnel compensation and benefits of the Office of Administration;
not to exceed $10,630,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Operations and
Coordination; not to exceed $51,300,000 shall be available for the
personnel compensation and benefits of the Office of Field Policy and
Management; not to exceed $12,370,000 shall be available for the
personnel compensation and
[[Page 121 STAT. 2411]]
benefits of the Office of the Chief Procurement Officer; not to exceed
$31,600,000 shall be available for the personnel compensation and
benefits of the remaining staff in the Office of the Chief Financial
Officer; not to exceed $80,670,000 shall be available for the personnel
compensation and benefits of the remaining staff of the Office of the
General Counsel; not to exceed $2,810,000 shall be available for the
personnel compensation and benefits of the Office of Departmental Equal
Employment Opportunity; not to exceed $1,160,000 shall be available for
the personnel compensation and benefits for the Center for Faith-Based
and Community Initiatives; not to exceed $234,020,000 shall be available
for non-personnel expenses of the Department of Housing and Urban
Development: Provided, That, funds provided under the heading may be
used for necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that support the housing
mission area: Provided further, That the Secretary of Housing and Urban
Development is authorized to transfer funds appropriated for any office
included in Administration, Operations and Management to any other
office included in Administration, Operations and Management only after
such transfer has been submitted to, and received prior written approval
by, the House and Senate Committees on Appropriations: Provided further,
That no appropriation for any office shall be increased or decreased by
more than 10 percent by all such transfers.
PUBLIC AND INDIAN HOUSING PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of the
Office of Public and Indian Housing, $173,310,000.
COMMUNITY PLANNING AND DEVELOPMENT PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of the
Office of Community Planning and Development mission area, $90,310,000.
HOUSING PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of the
Office of Housing, $334,450,000.
OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of the
Office of the Government National Mortgage Association, $8,250,000.
[[Page 121 STAT. 2412]]
POLICY DEVELOPMENT AND RESEARCH PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of the
Office of Policy Development and Research, $16,950,000.
FAIR HOUSING AND EQUAL OPPORTUNITY PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of the
Office of Fair Housing and Equal Opportunity, $63,140,000.
OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL
PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses of the
Office of Healthy Homes and Lead Hazard Control, $6,980,000.
Public and Indian Housing
Tenant-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $16,391,000,000, to remain available until
expended, of which $12,233,000,000 shall be available on October 1,
2007, and $4,158,000,000 shall be available on October 1, 2008:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $14,694,506,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts
provided under this paragraph and any carryover, the Secretary
for the calendar year 2008 funding cycle shall provide renewal
funding for each public housing agency based on voucher
management system (VMS) leasing and cost data for the most
recent Federal fiscal year and by applying the 2008 Annual
Adjustment Factor as established by the Secretary, and by making
any necessary adjustments for the costs associated with deposits
to family self-sufficiency program escrow accounts or the first-
time renewal of tenant protection or HOPE VI vouchers or
vouchers that were not in use during the 12-month period in
order to be available to meet a commitment pursuant to section
8(o)(13) of the Act: Provided further, That notwithstanding the
first proviso, except for applying the 2008 Annual Adjustment
Factor and making any other specified adjustments, public
housing agencies specified in category 1 below shall receive
funding for calendar year 2008 based on the higher of the
amounts the agencies would receive under the first proviso or
the amounts the agencies received in calendar year 2007, and
public housing agencies specified in categories 2 and 3 below
shall receive funding for calendar year
[[Page 121 STAT. 2413]]
2008 equal to the amounts the agencies received in calendar year
2007, except that public housing agencies specified in
categories 1 and 2 below shall receive funding under this
proviso only if, and to the extent that, any such public housing
agency submits a plan, approved by the Secretary, that
demonstrates that the agency can effectively use within 12
months the funding that the agency would receive under this
proviso that is in addition to the funding that the agency would
receive under the first proviso: (1) public housing agencies
that are eligible for assistance under section 901 in Public Law
109-148 (119 Stat. 2781) or are located in the same counties as
those eligible under section 901 and operate voucher programs
under section 8(o) of the United States Housing Act of 1937 but
do not operate public housing under section 9 of such Act, and
any public housing agency that otherwise qualifies under this
category must demonstrate that they have experienced a loss of
rental housing stock as a result of the 2005 hurricanes; (2)
public housing agencies that would receive less funding under
the first proviso than they would receive under this proviso and
that have been placed in receivership within the 24 months
preceding the date of enactment of this Act; and (3) public
housing agencies that spent more in calendar year 2007 than the
total of the amounts of any such public housing agency's
allocation amount for calendar year 2007 and the amount of any
such public housing agency's available housing assistance
payments undesignated funds balance from calendar year 2006 and
the amount of any such public housing agency's available
administrative fees undesignated funds balance through calendar
year 2007: Provided further, That notwithstanding the first two
provisos under this paragraph, the amount of calendar year 2008
renewal funding for any agency otherwise authorized under such
provisos shall be reduced by the amount of any unusable amount
(as determined by the Secretary, due to limits in this paragraph
with respect to an agency's authorized level of units under
contract) in such agency's net restricted assets account, in
accordance with the most recent VMS data in calendar year 2007
that is verifiable and complete, which exceeds 7 percent of the
amount of renewal funding allocated to the agency for the
calendar year 2007 funding cycle pursuant to section 21033 of
Public Law 110-5, as amended by section 4802 of Public Law 110-
28: Provided further, That up to $50,000,000 shall be available
only: (1) to adjust the allocations for public housing agencies,
after application for an adjustment by a public housing agency
that experienced a significant increase, as determined by the
Secretary, in renewal costs from portability under section 8(r)
of the Act of tenant-based rental assistance; and (2) for
adjustments for public housing agencies with voucher leasing
rates at the end of the calendar year that exceed the average
leasing for the 12-month period used to establish the
allocation: Provided further, That none of the funds provided
under this paragraph may be used to support a total number of
unit months under lease which exceeds a public housing agency's
authorized level of units under contract: Provided further, That
the Secretary shall, to the extent necessary to stay within the
amount specified under this paragraph, after subtracting
$723,257,000 from such amount, pro rate each public housing
[[Page 121 STAT. 2414]]
agency's allocation otherwise established pursuant to this
paragraph: Provided <<NOTE: Notification. Deadline.>> further,
That except as provided in the last proviso, the entire amount
specified under this paragraph, except for $723,257,000 shall be
obligated to the public housing agencies based on the allocation
and pro rata method described above and the Secretary shall
notify public housing agencies of their annual budget not later
than 60 days after enactment of this Act: Provided further, That
the Secretary may extend the 60 day notification period with the
written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the Moving to Work demonstration shall be
funded pursuant to their Moving to Work agreements and shall be
subject to the same pro rata adjustments under the previous
proviso.
(2) $200,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, HOPE VI vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation <<NOTE: Vouchers.>> assistance:
Provided, That the Secretary shall provide replacement vouchers
for all units that were occupied within the previous 24 months
that cease to be available as assisted housing due to
demolition, disposition, or conversion, subject only to the
availability of funds.
(3) $49,000,000 for family self-sufficiency coordinators
under section 23 of the Act.
(4) up to $6,494,000 may be transferred to the Working
Capital Fund.
(5) $1,351,000,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program and which up to $35,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer their
section 8 programs, with up to $30,000,000 to be for fees
associated with section 8 tenant protection rental assistance:
Provided, That no less than $1,316,000,000 of the amount
provided in this paragraph shall be allocated for the calendar
year 2008 funding cycle on a basis to public housing agencies as
provided in section 8(q) of the Act as in effect immediately
before the enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276).
(6) $20,000,000 for incremental voucher assistance through
the Family Unification Program.
(7) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 204 (competition provision) of this title,
[[Page 121 STAT. 2415]]
to public housing agencies that partner with eligible VA Medical
Centers or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the Department
of Veterans Affairs, public housing agency administrative
performance, and other factors as specified by the Secretary of
Housing and Urban Development in consultation with the Secretary
of the Department of Veterans Affairs: Provided further,
That <<NOTE: Waiver authority.>> the Secretary of Housing and
Urban Development may waive, or specify alternative requirements
for (in consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turn-
over.
(8) $30,000,000 for incremental vouchers under section 8 of
the Act for nonelderly disabled families affected by the
designation of a public housing development under section 7 of
the Act, the establishment of preferences in accordance with
section 651 of the Housing and Community Development Act of 1992
(42 U.S.C. 13611), or the restriction of occupancy to elderly
families in accordance with section 658 of such Act (42 U.S.C.
13618), and to the extent the Secretary determines that such
amount is not needed to fund applications for such affected
families, for other nonelderly disabled families.
Housing Certificate Fund
(rescission)
Of <<NOTE: Deadline.>> the unobligated balances, including
recaptures and carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this heading, the
heading ``Annual Contributions for Assisted Housing'', the heading
``Tenant-Based Rental Assistance'', and the heading ``Project-Based
Rental Assistance'', for fiscal year 2007 and prior years,
$1,250,000,000 are rescinded, to be effected by the Secretary of Housing
and Urban Development no later than September 30, 2008: Provided, That
if insufficient funds exist under these headings, the remaining balance
may be derived from any other heading under this title: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary shall
notify the Committees on Appropriations 30 days in advance of the
rescission of any funds derived from the headings specified above:
Provided further, That any such balances governed by reallocation
provisions under the statute authorizing the program for which the funds
were originally appropriated shall be available for the rescission:
Provided further, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be cancelled.
[[Page 121 STAT. 2416]]
Project-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for, $6,381,810,000,
to remain available until expended: Provided, That the amounts made
available under this heading are provided as follows:
(1) Up to $6,139,122,000 for expiring or terminating section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under the
Emergency Low Income Housing Preservation Act of 1987 or the
Low-Income Housing Preservation and Resident Homeownership Act
of 1990, and for administrative and other expenses associated
with project-based activities and assistance funded under this
paragraph.
(2) Not less than $238,728,000 but not to exceed
$286,230,000 for performance-based contract administrators for
section 8 project-based assistance: Provided, That the Secretary
of Housing and Urban Development may also use such amounts for
performance-based contract administrators for: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development Act
of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the Housing
Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities
under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667).
(3) Not to exceed $3,960,000 may be transferred to the
Working Capital Fund.
(4) Amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated.
Public Housing Capital Fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of
[[Page 121 STAT. 2417]]
1937 (42 U.S.C. 1437g) (the ``Act'') $2,438,964,000, to remain available
until September 30, 2011: Provided, That notwithstanding any other
provision of law or regulation, during fiscal year 2008 the Secretary of
Housing and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant Secretary for
Public and Indian Housing any authority under paragraph (2) of section
9(j) regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That of the total amount provided
under this heading, up to $12,000,000 shall be for carrying out
activities under section 9(h) of such Act; not to exceed $16,847,000 may
be transferred to the Working Capital Fund; and up to $15,345,000 shall
be to support the ongoing Public Housing Financial and Physical
Assessment activities of the Real Estate Assessment Center (REAC):
Provided further, That no funds may be used under this heading for the
purposes specified in section 9(k) of the Act: Provided further, That of
the total amount provided under this heading, not to exceed $18,500,000
shall be available for the Secretary to make grants, notwithstanding
section 204 of this Act, to public housing agencies for emergency
capital needs resulting from unforeseen or unpreventable emergencies and
natural disasters occurring in fiscal year 2008: Provided further, That
of the total amount provided under this heading, $40,000,000 shall be
for supportive services, service coordinators and congregate services as
authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.): Provided further, That of the total amount
provided under this heading up to $8,820,000 is to support the costs of
administrative and judicial receiverships: Provided further, That from
the funds made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2008 to public housing agencies that are
designated high performers.
Public Housing Operating Fund
For 2008 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,200,000,000;
of which $5,940,000 shall be for competitive grants and contracts to
third parties for the provision of technical assistance to public
housing agencies related to the transition and implementation of asset-
based management in public housing: Provided, That, <<NOTE: 42 USC 1437g
note.>> in fiscal year 2008 and all fiscal years hereafter, no amounts
under this heading in any appropriations Act may be used for payments to
public housing agencies for the costs of operation and management of
public housing for any year prior to the current year of such Act:
Provided further, That no funds may be used under this heading for the
purposes specified in section 9(k) of the United States Housing Act of
1937.
Revitalization of Severely Distressed Public Housing (Hope VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States
[[Page 121 STAT. 2418]]
Housing Act of 1937 (42 U.S.C. 1437v), $100,000,000, to remain available
until September 30, 2008, of which the Secretary of Housing and Urban
Development shall use $2,400,000 for technical assistance and contract
expertise, to be provided directly or indirectly by grants, contracts or
cooperative agreements, including training and cost of necessary travel
for participants in such training, by or to officials and employees of
the department and of public housing agencies and to residents:
Provided, That none of such funds shall be used directly or indirectly
by granting competitive advantage in awards to settle litigation or pay
judgments, unless expressly permitted herein.
Native American Housing Block Grants
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$630,000,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation amounts:
Provided further, That of the amounts made available under this heading,
$2,000,000 shall be contracted for assistance for a national
organization representing Native American Housing interests for
providing training and technical assistance to Indian Housing
authorities and tribally designated housing entities as authorized under
NAHASDA; and $4,250,000 shall be to support the inspection of Indian
housing units, contract expertise, training, and technical assistance in
the training, oversight, and management of such Indian housing and
tenant-based assistance, including up to $300,000 for related travel:
Provided further, That of the amount provided under this heading,
$1,980,000 shall be made available for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such notes
and other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize the total principal amount of any
notes and other obligations, any part of which is to be guaranteed, not
to exceed $17,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $9,000,000, to
remain available until expended, of which $300,000 shall be for training
and technical assistance activities.
Indian Housing Loan Guarantee Fund Program Account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$7,450,000, to remain available until expended:
[[Page 121 STAT. 2419]]
Provided, That such costs, including the costs of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, up to
$367,000,000.
Native Hawaiian Housing Loan Guarantee Fund Program Account
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
$1,044,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$41,504,255.
Community Planning and Development
Housing Opportunities for Persons With AIDS
(including transfer of funds)
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $300,100,000, to remain available until September 30,
2009, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2010: Provided, That
the Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3) of such Act
that meet all program requirements before awarding funds for new
contracts and activities authorized under this section: Provided
further, That the Secretary may use not to exceed $1,485,000 of the
funds under this heading for training, oversight, and technical
assistance activities; and not to exceed $1,485,000 may be transferred
to the Working Capital Fund.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $17,000,000, to remain
available until expended, which amount shall be competitively awarded by
September 1, 2008, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas.
Community Development Fund
(including transfer of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,865,800,000, to remain available until September 30,
2010, unless otherwise specified: Provided, That of the amount provided,
$3,593,430,000 is for carrying out
[[Page 121 STAT. 2420]]
the community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That unless
explicitly provided for under this heading (except for planning grants
provided in the second paragraph and amounts made available under the
third paragraph), not to exceed 20 percent of any grant made with funds
appropriated under this heading shall be expended for planning and
management development and administration: Provided further, That not to
exceed $1,570,000 may be transferred to the Working Capital Fund:
Provided further, That $3,000,000 is for technical assistance as
authorized by section 107(b)(4) of such Act: Provided further, That
$62,000,000 shall be for grants to Indian tribes notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other provision of
law (including section 305 of this Act), up to $3,960,000 may be used
for emergencies that constitute imminent threats to health and safety.
Of the amount made available under this heading, $179,830,000 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted economic investments in accordance with
the terms and conditions specified in the explanatory statement
accompanying this Act: Provided, That the amount made available for each
grant shall be at the level of 98 percent of the corresponding amount
cited in said explanatory statement: Provided further, That none of the
funds provided under this paragraph may be used for program operations:
Provided further, That, for fiscal years 2006, 2007, and 2008, no
unobligated funds for EDI grants may be used for any purpose except
acquisition, planning, design, purchase of equipment, revitalization,
redevelopment or construction.
Of the amount made available under this heading, $25,970,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
That amounts made available under this paragraph shall be provided in
accordance with the terms and conditions specified in the explanatory
statement accompanying this Act: Provided further, That the amount made
available for each initiative shall be at the level of 98 percent of the
corresponding amount cited in said explanatory statement.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number 846 by
striking ``Mahonoy City, Pennsylvania for improvements to West Market
Street'' and inserting ``Mahanoy City, Pennsylvania for improvements to
Centre Street''.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number 250 by
striking ``for renovation and construction of a resource center'' and
inserting ``for construction of a homeless shelter''.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number
[[Page 121 STAT. 2421]]
713 by striking ``for construction of a senior center'' and inserting
``renovation and expansion of facilities''.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of Public Law
109-115 is deemed to be amended with respect to item number 844 by
striking ``Liverpool Township'' and inserting ``Liverpool Borough''.
The referenced statement of managers under this heading in title II
of division I of Public Law 108-447 is deemed to be amended with respect
to item number 36 by striking ``respite care facility'' and inserting
``rehabilitative care facility for the developmentally disabled''.
The referenced statement of managers under this heading in title II
of division I of Public Law 108-7 is deemed to be amended with respect
to item number 608 by striking ``construct'' and inserting ``purchase
and make improvements to facilities for''.
The referenced statement of managers under this heading in title II
of division I of Public Law 108-447 is deemed to be amended with respect
to item number 521 by striking ``Missouri'' and inserting ``Metropolitan
Statistical Area''.
The referenced statement of managers under the heading ``Community
Development Fund'' in title II of Public Law 108-447 is deemed to be
amended with respect to item number 203 by striking ``equipment'' and
inserting ``renovation and construction''.
The referenced statement of managers under the heading ``Community
Development Fund'' in title III of division A of Public Law 109-115 is
deemed to be amended with respect to item number 696 by striking ``a
Small Business Development Center'' and inserting ``for revitalization
costs at the College of Agriculture Biotechnology and Natural
Resources''.
The referenced statement of managers under the heading ``Community
Development Fund'' in title III of division A of Public Law 109-115 is
deemed to be amended with respect to item number 460 by striking
``Maine-Mawoshen One Country, Two Worlds Project'' and inserting
``Sharing Maine's Maritime Heritage Project--Construction and access to
exhibits''.
The referenced statement of managers under the heading ``Community
Development Fund'' in title III of division A of Public Law 109-115 is
deemed to be amended with respect to item number 914 by striking ``the
Pastime Theatre in Bristol, Rhode Island for building improvements'' and
inserting ``the Institute for the Study and Practice of Nonviolence in
Providence, Rhode Island for building renovations''.
The referenced statement of managers under the heading ``Community
Development Fund'' in title III of division A of Public Law 109-115 is
deemed to be amended with respect to item number 918 by striking ``South
Kingstown'' and inserting ``Washington County''.
The referenced statement of managers under the heading ``Community
Development Fund'' in title III of division A of Public Law 109-115 is
deemed to be amended with respect to item number 624 by striking ``for
the construction of a new technology building'' and inserting ``for
renovations to the Wheeler Community Center''.
The referenced statement of the managers under this heading in
Public Law 109-115 is deemed to be amended with respect to item number
1065 by inserting ``South'' prior to ``Burlington''.
[[Page 121 STAT. 2422]]
The referenced statement of managers under the heading ``Community
Development Fund'' in title III of division A of Public Law 109-115 is
deemed to be amended with respect to item number 102 by striking ``for
preservation of the CA Mining and Mineral Museum'' and inserting ``for
planning, design, and construction of the CA Mining and Mineral Museum''
in its place.
Community Development Loan Guarantees Program Account
For the cost of guaranteed loans, $4,500,000, to remain available
until September 30, 2009, as authorized by section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$205,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
Brownfields Redevelopment
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $10,000,000, to remain
available until September 30, 2009: Provided, That no funds made
available under this heading may be used to establish loan loss reserves
for the section 108 Community Development Loan Guarantee program.
HOME Investment Partnerships Program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,704,000,000, to remain available until September 30, 2010,
of which not to exceed $3,465,000 may be transferred to the Working
Capital Fund: Provided, That up to $12,500,000 shall be available for
technical assistance: Provided further, That of the total amount
provided in this paragraph, up to $50,000,000 shall be available for
housing counseling under section 106 of the Housing and Urban
Development Act of 1968: Provided further, That, from amounts
appropriated or otherwise made available under this heading, $10,000,000
may be made available to promote broader participation in homeownership
through the American Dream Downpayment Initiative, as such initiative is
set forth under section 271 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12821).
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $60,000,000, to remain available until
September 30, 2010: Provided, That of the total amount provided under
this heading, $26,500,000 shall be made available to the Self-Help and
Assisted Homeownership Opportunity
[[Page 121 STAT. 2423]]
Program as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended: Provided further, That
$33,500,000 shall be made available for the first four capacity building
activities authorized under section 4(a) of the HUD Demonstration Act of
1993 (42 U.S.C. 9816 note), of which up to $5,000,000 may be made
available for rural capacity building activities.
Homeless Assistance Grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the supportive housing program as authorized under subtitle C
of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing Act
of 1937, as amended, to assist homeless individuals pursuant to section
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
care program as authorized under subtitle F of title IV of such Act,
$1,585,990,000, of which $1,580,990,000 shall remain available until
September 30, 2010, and of which $5,000,000 shall remain available until
expended for rehabilitation projects with ten-year grant terms:
Provided, That of the amounts provided, $25,000,000 shall be set aside
to conduct a demonstration program for the rapid re-housing of homeless
families: Provided further, That of amounts made available in the
preceding proviso, not to exceed $1,250,000 may be used to conduct an
evaluation of this demonstration program: Provided further, That funding
made available for this demonstration program shall be used by the
Secretary, expressly for the purposes of providing housing and services
to homeless families in order to evaluate the effectiveness of the rapid
re-housing approach in addressing the needs of homeless families:
Provided further, That not less than 30 percent of funds made available,
excluding amounts provided for renewals under the shelter plus care
program, shall be used for permanent housing for individuals and
families: Provided further, That all funds awarded for services shall be
matched by 25 percent in funding by each grantee: Provided
further, <<NOTE: Contracts.>> That the Secretary shall renew on an
annual basis expiring contracts or amendments to contracts funded under
the shelter plus care program if the program is determined to be needed
under the applicable continuum of care and meets appropriate program
requirements and financial standards, as determined by the Secretary:
Provided further, That all awards of assistance under this heading shall
be required to coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for which
homeless populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy
Families, Food Stamps, and services funding through the Mental Health
and Substance Abuse Block Grant, Workforce Investment Act, and the
Welfare-to-Work grant program: Provided further, That up to $8,000,000
of the funds appropriated under this heading shall be available for the
national homeless data analysis project and technical assistance:
Provided further, That not to exceed $2,475,000 of the funds
appropriated under this heading may be transferred to the Working
Capital Fund: Provided further, That all balances for Shelter Plus
[[Page 121 STAT. 2424]]
Care renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if
recaptured, for Shelter Plus Care renewals in fiscal year 2008.
Housing Programs
Housing for the Elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $735,000,000, to remain
available until September 30, 2011, of which up to $628,850,000 shall be
for capital advance and project-based rental assistance awards:
Provided, That, of the amount provided under this heading, up to
$60,000,000 shall be for service coordinators and the continuation of
existing congregate service grants for residents of assisted housing
projects, and of which up to $24,750,000 shall be for grants under
section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for
conversion of eligible projects under such section to assisted living or
related use and for emergency capital repairs as determined by the
Secretary: Provided further, That of the amount made available under
this heading, $20,000,000 shall be available to the Secretary of Housing
and Urban Development only for making competitive grants to private
nonprofit organizations and consumer cooperatives for covering costs of
architectural and engineering work, site control, and other planning
relating to the development of supportive housing for the elderly that
is eligible for assistance under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q): Provided further, That amounts under this heading
shall be available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202 capital
advance projects: Provided further, That not to exceed $1,400,000 of the
total amount made available under this heading may be transferred to the
Working Capital Fund: Provided further, That <<NOTE: Waiver
authority.>> the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed 5
years in duration.
Housing for Persons With Disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities,
as authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section 811(b)(1)
of such Act, and for tenant-based rental
[[Page 121 STAT. 2425]]
assistance contracts entered into pursuant to section 811 of such Act,
$237,000,000, to remain available until September 30, 2011: Provided,
That not to exceed $600,000 may be transferred to the Working Capital
Fund: Provided further, That, of the amount provided under this heading,
$74,745,000 shall be for amendments or renewal of tenant-based
assistance contracts entered into prior to fiscal year 2005 (only one
amendment authorized for any such contract): Provided further, That all
tenant-based assistance made available under this heading shall continue
to remain available only to persons with disabilities: Provided
further, <<NOTE: Waiver authority.>> That the Secretary may waive the
provisions of section 811 governing the terms and conditions of project
rental assistance and tenant-based assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That amounts made available under this heading shall
be available for Real Estate Assessment Center Inspections and
inspection-related activities associated with section 811 Capital
Advance Projects.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
rental housing projects, $27,600,000, to remain available until
expended.
rent supplement
(rescission)
Of the amounts made available under the heading ``Rent Supplement''
in Public Law 98-63 for amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in State-
aided, non-insured rental housing projects, $37,600,000 are rescinded.
Flexible Subsidy Fund
(transfer of funds)
From <<NOTE: 12 USC 1715z-1 note.>> the Rental Housing Assistance
Fund, all uncommitted balances of excess rental charges as of September
30, 2007, and any collections made during fiscal year 2008 and all
subsequent fiscal years, shall be transferred to the Flexible Subsidy
Fund, as authorized by section 236(g) of the National Housing Act.
Manufactured Housing Fees Trust Fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $16,000,000, to remain available until expended, to be
derived from the Manufactured Housing Fees Trust Fund: Provided, That
not to exceed the total amount appropriated under this heading shall be
available from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act: Provided
further, That the amount
[[Page 121 STAT. 2426]]
made available under this heading from the general fund shall be reduced
as such collections are received during fiscal year 2008 so as to result
in a final fiscal year 2008 appropriation from the general fund
estimated at not more than $0 and fees pursuant to such section 620
shall be modified as necessary to ensure such a final fiscal year 2008
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as well as fees
collected under section 620, for necessary expenses of such Act:
Provided further, That notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2008, commitments to guarantee loans to carry out
the purposes of section 203(b) of the National Housing Act, as amended,
shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2008, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
For administrative contract expenses, $77,400,000, of which not to
exceed $25,550,000 may be transferred to the Working Capital Fund, and
of which up to $5,000,000 shall be for education and outreach of FHA
single family loan products: Provided, That to the extent guaranteed
loan commitments exceed $65,500,000,000 on or before April 1, 2008, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000.
General and Special Risk Program Account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications, as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended,
$8,600,000, to remain available until expended: Provided, That
commitments to guarantee loans shall not exceed $45,000,000,000 in total
loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
[[Page 121 STAT. 2427]]
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale of
multifamily real properties owned by the Secretary and formerly insured
under such Act; and of which not to exceed $20,000,000 shall be for
loans to nonprofit and governmental entities in connection with the sale
of single-family real properties owned by the Secretary and formerly
insured under such Act.
For administrative contract expenses necessary to carry out the
guaranteed and direct loan programs, $78,111,000, of which not to exceed
$15,692,000 may be transferred to the Working Capital Fund: Provided,
That to the extent guaranteed loan commitments exceed $8,426,000,000 on
or before April 1, 2008, an additional $1,980 for administrative
contract expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments over $8,426,000,000 (including a pro rata
amount for any increment below $1,000,000), but in no case shall funds
made available by this proviso exceed $14,400,000.
For discount sales of multifamily real property under sections
207(1) or 246 of the National Housing Act (12 U.S.C. 1713(l), 1715z-11),
section 203 of the Housing and Community Development Amendments of 1978
(12 U.S.C. 1701z-11), or section 204 of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (12 U.S.C. 1715z-11a), and for discount loan
sales under section 207(k) of the National Housing Act (12 U.S.C.
1713(k)), section 203(k) of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1701z-11(k)), or section 204(a) of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Act, 1997 (12 U.S.C. 1715z-11a(a)), $5,000,000, to
remain available until September 30, 2009.
Government National Mortgage Association
Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $200,000,000,000, to remain available until September
30, 2009.
Policy Development and Research
Research and Technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, $51,440,000, to remain available until September 30, 2009:
Provided, That of the total amount provided under this heading, up to
$5,000,000 shall be for the Partnership for Advancing Technology in
Housing Initiative: Provided further, That of the funds made available
under this heading, $23,000,000 is for grants pursuant to section 107 of
the Housing and Community Development Act of 1974 (42 U.S.C. 5307):
Provided further, That
[[Page 121 STAT. 2428]]
activities for the Partnership for Advancing Technology in Housing
Initiative shall be administered by the Office of Policy Development and
Research.
Fair Housing and Equal Opportunity
Fair Housing Activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$50,000,000, to remain available until September 30, 2009, of which
$24,000,000 shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
assess and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training:
Provided <<NOTE: Lobbying.>> further, That no funds made available under
this heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant or loan: Provided further, That of the funds made
available under this heading, $380,000 shall be available to the
Secretary of Housing and Urban Development for the creation and
promotion of translated materials and other programs that support the
assistance of persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban Development.
Office of Lead Hazard Control
Lead Hazard Reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$145,000,000, to remain available until September 30, 2009, of which
$8,800,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided, That
for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, Operation Lead Elimination Action Plan
(LEAP), or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That of the total amount made available
under this heading, $48,000,000 shall be made available on a competitive
basis for areas with the highest lead paint abatement needs: Provided
further, That each recipient of funds provided under the second proviso
shall make a matching contribution in an amount not less than 25
percent: Provided further, That <<NOTE: Waiver authority.>> the
Secretary may waive the matching requirement cited in the preceding
proviso on a case by case basis if the Secretary determines that such a
waiver is necessary to advance the purposes of this program:
[[Page 121 STAT. 2429]]
Provided further, <<NOTE: Plan.>> That each applicant shall submit a
detailed plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of funds
pursuant to a notice of funding availability: Provided further, That of
the total amount made available under this heading, $2,000,000 shall be
available for the Big Buy Program to be managed by the Office of Healthy
Homes and Lead Hazard Control.
Management and Administration
Working Capital Fund
For additional capital for the Working Capital Fund (42 U.S.C. 3535)
for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation and maintenance of both Department-wide and program-specific
information systems, and for program-related development activities,
$155,000,000, to remain available until September 30, 2009: Provided,
That any amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts transferred
to this Fund from amounts appropriated by previously enacted
appropriations Acts or from within this Act may be used only for the
purposes specified under this Fund, in addition to the purposes for
which such amounts were appropriated.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$112,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
Office of Federal Housing Enterprise Oversight
Salaries and Expenses
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $66,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That <<NOTE: Spending plan. Deadline.>> the
Director shall submit a spending plan for the amounts provided under
this heading no later than January 15, 2008: Provided further, That not
less than 80 percent of the total amount made available under this
heading shall be used only for examination, supervision, and capital
oversight of the enterprises (as such term is defined in section 1303 of
the Federal Housing Enterprises Financial Safety and Soundness Act of
1992 (12 U.S.C. 4502)) to ensure that the enterprises are operating in a
financially safe and sound manner and complying with the capital
requirements under Subtitle B of such Act: Provided further, That not to
exceed the amount provided herein shall be available from the general
fund of the Treasury to the extent necessary to incur obligations and
make expenditures pending the receipt of collections to the Fund:
Provided further, That the general fund amount shall be reduced as
collections are received during the fiscal year so as to result in a
final
[[Page 121 STAT. 2430]]
appropriation from the general fund estimated at not more than $0.
General Provisions--Department of Housing and Urban Development
(including rescission of funds)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2008 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. <<NOTE: Grants.>> (a) Notwithstanding section 854(c)(1)(A)
of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2008 that are
allocated under such section, the Secretary of Housing and Urban
Development shall allocate and make a grant, in the amount determined
under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2008 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify under
clause (i) in fiscal year 2008 do not have the number of cases
of acquired immunodeficiency syndrome (AIDS) required under such
clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2008, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount allocated
for fiscal year 2008 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New York,
on behalf of the New York-Wayne-White Plains,
[[Page 121 STAT. 2431]]
New York-New Jersey Metropolitan Division (hereafter ``metropolitan
division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan
Statistical Area, shall be adjusted by the Secretary of Housing and
Urban Development by: (1) allocating to the City of Jersey City, New
Jersey, the proportion of the metropolitan area's or division's amount
that is based on the number of cases of AIDS reported in the portion of
the metropolitan area or division that is located in Hudson County, New
Jersey, and adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount allocated
for fiscal year 2008 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average
per capita incidence of AIDS, shall be adjusted by the Secretary on the
basis of area incidence reported over a three year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government Corporation
Control Act, are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set
[[Page 121 STAT. 2432]]
forth in the budget for 2008 for such corporation or agency except as
hereinafter provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase commitments
only to the extent expressly provided for in this Act (unless such loans
are in support of other forms of assistance provided for in this or
prior appropriations Acts), except that this proviso shall not apply to
the mortgage insurance or guaranty operations of these corporations, or
where loans or mortgage purchases are necessary to protect the financial
interest of the United States Government.
Sec. 208. <<NOTE: Budget estimate.>> None of the funds provided in
this title for technical assistance, training, or management
improvements may be obligated or expended unless the Secretary of
Housing and Urban Development provides to the Committees on
Appropriations a description of each proposed activity and a detailed
budget estimate of the costs associated with each program, project or
activity as part of the Budget Justifications. <<NOTE: Deadline.>> For
fiscal year 2008, the Secretary shall transmit this information to the
Committees by March 15, 2008 for 30 days of review.
Sec. 209. <<NOTE: Reports. Deadline.>> The Secretary of Housing and
Urban Development shall provide quarterly reports to the House and
Senate Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and activity
within the jurisdiction of the Department and shall submit additional,
updated budget information to these Committees upon request.
Sec. 210. (a) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of Wilmington,
Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey
Metropolitan Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by allocating
to the State of New Jersey the proportion of the metropolitan division's
amount that is based on the number of cases of AIDS reported in the
portion of the metropolitan division that is located in New Jersey, and
adjusting for the proportion of the metropolitan division's high
incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey shall use
amounts allocated to the State under this subsection to carry out
eligible activities under section 855 of the AIDS Housing Opportunity
Act (42 U.S.C. 12904) in the portion of the metropolitan division that
is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2008 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)) to the City of Raleigh, North Carolina, on behalf of the
Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible activities
under section 855 of such Act (42 U.S.C. 12904) within such metropolitan
statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development
may adjust the allocation of the amounts that otherwise would be
allocated for fiscal year 2008 under section 854(c) of such Act, upon
the written request of an applicant, in conjunction
[[Page 121 STAT. 2433]]
with the State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the
metropolitan statistical area is located as the eligible grantee(s) of
the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each State shall
be in proportion to the number of cases of AIDS reported in the portion
of the metropolitan statistical area located in that State. Any amounts
allocated to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan statistical
area located in that State.
Sec. 211. <<NOTE: Reports. Deadline. 42 USC 1437 note.>> The
Secretary of Housing and Urban Development shall submit an annual report
no later than August 30, 2008 and annually thereafter to the House and
Senate Committees on Appropriations regarding the number of Federally
assisted units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 212. The President's formal budget request for fiscal year
2009, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees on
Appropriations of the House of Representatives and the Senate, shall use
the identical account and sub-account structure provided under this Act.
Sec. 213. Amounts made available in this Act or previous
appropriations Acts for tenant-based rental assistance and used for non-
elderly disabled families or for the Family Unification Program shall,
to the extent practicable, remain available for each such respective
purpose upon turn-over.
Sec. 214. <<NOTE: State listing.>> A public housing agency or such
other entity that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the States of
Alaska, Iowa, and Mississippi shall not be required to include a
resident of public housing or a recipient of assistance provided under
section 8 of the United States Housing Act of 1937 on the board of
directors or a similar governing board of such agency or entity as
required under section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance under section 8
for the Housing Authority of the county of Los Angeles, California and
the States of Alaska, Iowa and Mississippi shall establish an advisory
board of not less than 6 residents of public housing or recipients of
section 8 assistance to provide advice and comment to the public housing
agency or other administering entity on issues related to public housing
and section 8. Such advisory board shall meet not less than quarterly.
Sec. 215. (a) Notwithstanding any other provision of law, subject to
the conditions listed in subsection (b), for fiscal years 2008 and 2009,
the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt and statutorily
required low-income and very low-income use restrictions, associated
with one or more multifamily housing project to another multifamily
housing project or projects.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) The number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects.
[[Page 121 STAT. 2434]]
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all
appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(c)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary.
(8) If the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) Any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be reduced
as a result of a transfer completed under this section.
(10) The Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
[[Page 121 STAT. 2435]]
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required use
low-income and very low-income restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required low-
income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 216. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title III of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 217. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 218. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from
[[Page 121 STAT. 2436]]
private sources, or an institution of higher education (as defined under
the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age of 23 with
dependent children.
(c) <<NOTE: Deadline. Regulations.>> Not later than 30 days after
the date of enactment of this Act, the Secretary of Housing and Urban
Development shall issue final regulations to carry out the provisions of
this section.
Sec. 219. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2008, insure and enter into commitments to insure mortgages under
section 255 of the National Housing Act (12 U.S.C. 1715z-20).
Sec. 220. Notwithstanding any other provision of law, in fiscal year
2008, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the property. To the
extent the Secretary determines, in consultation with the tenants and
the local government, that such a multifamily property owned or held by
the Secretary is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration of (1)
the costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments under
section 524 of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts remain in
effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent major
threats to health and safety. After disposition of any multifamily
property described under this section, the contract and allowable rent
levels on such properties shall be subject to the requirements under
section 524 of MAHRAA.
Sec. 221. The National Housing Act is amended--
(1) in sections 207(c)(3), 213(b)(2)(B)(i),
221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and
234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and
1715y(e)(3)(B))--
(A) by striking ``140 percent'' each place such term
appears and inserting ``170 percent''; and
(B) by striking ``170 percent in high cost areas''
each place such term appears and inserting ``215 percent
in high cost areas''; and
(2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C.
1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all that
follows through ``project-by-project basis'' and inserting the
following: ``206A of this Act) by not to exceed 170 percent in
any geographical area where the Secretary finds that cost levels
so require and by not to exceed 170 percent, or 215 percent in
[[Page 121 STAT. 2437]]
high cost areas, where the Secretary determines it necessary on
a project-by-project basis''.
Sec. 222. During fiscal year 2008, in the provision of rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
economy and effectiveness of providing such assistance for use in
assisted living facilities that is carried out in the counties of the
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
such section 8(o), a family residing in an assisted living facility in
any such county, on behalf of which a public housing agency provides
assistance pursuant to section 8(o)(18) of such Act, may be required, at
the time the family initially receives such assistance, to pay rent in
an amount exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of Housing and
Urban Development determines to be appropriate.
Sec. 223. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202(b) of such Act, may, at its option,
establish a single-asset nonprofit entity to own the project and may
lend the grant funds to such entity, which may be a private nonprofit
organization described in section 831 of the American Homeownership and
Economic Opportunity Act of 2000.
Sec. 224. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``2003'' and inserting
``2008''; and
(2) in subsection (o), by striking ``September 30, 2007''
and inserting ``September 30, 2008''.
Sec. 225. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary of Housing and Urban Development in
connection with the operating fund rule: Provided, That an agency
seeking a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
Sec. 226. <<NOTE: 42 USC 1437g note.>> With respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, however, that a public housing
agency may not use capital funds authorized under section 9(d) for
activities that are eligible under section 9(e) for assistance with
amounts from the operating fund in excess of the amounts permitted under
section 9(g)(1) or 9(g)(2).
Sec. 227. <<NOTE: Reports. Deadline.>> The Secretary of Housing and
Urban Development shall report quarterly to the House of Representatives
and Senate Committees on Appropriations on the status of all section 8
project-based housing, including the number of all project-based units
by region as well as an analysis of all federally subsidized housing
being refinanced under the Mark-to-Market program. The Secretary
[[Page 121 STAT. 2438]]
shall in the report identify all existing units maintained by region as
section 8 project-based units and all project-based units that have
opted out of section 8 or have otherwise been eliminated as section 8
project-based units. The Secretary shall identify in detail and by
project all the efforts made by the Department to preserve all section 8
project-based housing units and all the reasons for any units which
opted out or otherwise were lost as section 8 project-based units. Such
analysis shall include a review of the impact of the loss of any
subsidized units in that housing marketplace, such as the impact of cost
and the loss of available subsidized, low-income housing in areas with
scarce housing resources for low-income families.
Sec. 228. <<NOTE: Reports. Deadline.>> The Secretary of Housing and
Urban Development shall report quarterly to the House of Representatives
and Senate Committees on Appropriations on HUD's use of all sole source
contracts, including terms of the contracts, cost, and a substantive
rationale for using a sole source contract.
Sec. 229. Section 9(e)(2)(C) of the United States Housing Act of
1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the end the
following:
``(iv) Existing contracts.--The term of a
contract described in clause (i) that, as of the
date of enactment of this clause, is in repayment
and has a term of not more than 12 years, may be
extended to a term of not more than 20 years to
permit additional energy conservation improvements
without requiring the reprocurement of energy
performance contractors.''.
Sec. 230. The Secretary of Housing and Urban Development shall
increase, pursuant to this section, the number of Moving-to-Work
agencies authorized under section 204, title II, of the Departments of
Veterans Affairs and Housing and Urban Development and Independent
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
281) by making individually the Alaska Housing Finance Corporation and
the housing authorities of the counties of San Bernardino and Santa
Clara and the city of San Jose, California, a Moving-to-Work Agency
under such section 204.
Sec. 231. Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development may not rescind or take any adverse
action with respect to the Moving-to-Work program designation for the
Housing Authority of Baltimore City based on any alleged administrative
or procedural errors in making such designation.
Sec. 232. Paragraph (4) of section 102(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302) is amended by adding
at the end the following new sentence: ``Notwithstanding any other
provision of this paragraph, with respect to any fiscal year beginning
after September 30, 2007, the cities of Alton and Granite City,
Illinois, shall be considered metropolitan cities for purposes of this
title.''.
Sec. 233. (a) The amounts provided under the subheading ``Program
Account'' under the heading ``Community Development Loan Guarantees''
may be used to guarantee, or make commitments to guarantee, notes, or
other obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974: Provided,
That, any State receiving such
[[Page 121 STAT. 2439]]
a guarantee or commitment shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment.
(b) <<NOTE: Deadline. Regulations.>> Not later than 60 days after
the date of enactment of this Act, the Secretary of Housing and Urban
Development shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 234. <<NOTE: Deadline. Website. 5 USC app. 6 note.>> Not later
than 30 days after the date of enactment of this Act, the Secretary of
Housing and Urban Development shall establish and maintain on the
homepage of the Internet website of the Department of Housing and Urban
Development--
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Housing and Urban
Development; and
(2) a mechanism by which individuals may anonymously report
cases of waste, fraud, or abuse with respect to the Department
of Housing and Urban Development.
Sec. 235. (a) Required Submissions for Fiscal Years 2007 and 2008.--
(1) In general.--Not <<NOTE: Deadline.>> later than 60 days
after the date of enactment of this Act, the Secretary of
Housing and Urban Development shall submit to the relevant
authorizing committees and to the Committees on Appropriations
of the Senate and the House of Representatives for fiscal years
2007 and 2008--
(A) a complete and accurate accounting of the actual
project-based renewal costs for project-based assistance
under section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f);
(B) revised estimates of the funding needed to fully
fund all 12 months of all project-based contracts under
such section 8, including project-based contracts that
expire in fiscal year 2007 and fiscal year 2008; and
(C) all sources of funding that will be used to
fully fund all 12 months of the project-based contracts
for fiscal years 2007 and 2008.
(2) Updated information.--At any time after the expiration
of the 60-day period described in paragraph (1), the Secretary
may submit corrections or updates to the information required
under paragraph (1), if upon completion of an audit of the
project-based assistance program under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), such audit reveals
additional information that may provide Congress a more complete
understanding of the Secretary's implementation of the project-
based assistance program under such section 8.
(b) Required Submissions for Fiscal Year 2009.--As part of the
Department of Housing and Urban Development's budget request for fiscal
year 2009, the Secretary of Housing and Urban Development shall submit
to the relevant authorizing committees and to the Committees on
Appropriations of the Senate and the House of Representatives complete
and detailed information, including a project-by-project analysis, that
verifies that such budget request will fully fund all project-based
contracts under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) in fiscal year 2009, including expiring project-based
contracts.
[[Page 121 STAT. 2440]]
Sec. 236. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such allotment
holder has implemented an adequate system of funds control and has
received training in funds control procedures and
directives. <<NOTE: Deadline.>> The Chief Financial Officer shall ensure
that, not later than 90 days after the date of enactment of this Act, a
trained allotment holder shall be designated for each HUD sub-account
under the headings ``Executive Direction'' and ``Administration,
Operations, and Management'' as well as each account receiving
appropriations for ``personnel compensation and benefits'' within the
Department of Housing and Urban Development.
Sec. 237. Payment of attorney fees in program-related litigation
must be paid from individual program office personnel benefits and
compensation funding. The annual budget submission for program office
personnel benefit and compensation funding must include program-related
litigation costs for attorney fees as a separate line item request.
Sec. 238. Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban Development under
the heading ``Tenant-Based Rental Assistance'' under section 21033 of
Public Law 110-5, $723,257,000 are rescinded from the $4,193,000,000
which became available pursuant to such section on October 1, 2007.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2008''.
TITLE III
RELATED AGENCIES
Architectural and Transportation Barriers Compliance Board
Salaries and Expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $6,150,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
Federal Maritime Commission
Salaries and Expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1111), including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and
uniforms or allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$22,072,000: Provided, That not to exceed $2,000 shall be available for
official reception and representation expenses.
[[Page 121 STAT. 2441]]
National Transportation Safety Board
Salaries and Expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$84,499,000, of which $74,063 is available for payments to remedy the
violation of the Anti-deficiency Act reported by the National
Transportation Safety Board on September 26, 2007, and not to exceed
$2,000 may be used for official reception and representation expenses.
The amounts made available to the National Transportation Safety Board
in this Act include amounts necessary to make lease payments due in
fiscal year 2008 only, on an obligation incurred in fiscal year 2001 for
a capital lease.
Neighborhood Reinvestment Corporation
Payment to the Neighborhood Reinvestment Corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $119,800,000, of
which $5,000,000 shall be for a multi-family rental housing program.
For an additional amount, $180,000,000 shall be made available until
expended to the Neighborhood Reinvestment Corporation for mortgage
foreclosure mitigation activities, under the following terms and
conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC''),
shall make grants to counseling intermediaries approved by the
Department of Housing and Urban Development (HUD) or the NRC
(with match to be determined by the NRC based on affordability
and the economic conditions of an area; a match also may be
waived by the NRC based on the aforementioned conditions) to
provide mortgage foreclosure mitigation assistance primarily to
States and areas with high rates of defaults and foreclosures
primarily in the sub prime housing market to help eliminate the
default and foreclosure of mortgages of owner-occupied single-
family homes that are at risk of such foreclosure. Other than
areas with high rates of defaults and foreclosures, grants may
also be provided to approved counseling intermediaries based on
a geographic analysis of the Nation by the NRC which determines
where there is a prevalence of sub prime mortgages that are
risky and likely to fail, including any trends for mortgages
that are likely to default and face foreclosure. A State Housing
Finance Agency may also be eligible where the State Housing
Finance Agency meets all the requirements under this paragraph.
A HUD- or NRC-approved counseling intermediary shall meet
certain mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be approved by
HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only be
made available to homeowners of owner-occupied homes
[[Page 121 STAT. 2442]]
with mortgages in default or in danger of default. These
mortgages shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall consist
of activities that are likely to prevent foreclosures and result
in the long-term affordability of the mortgage retained pursuant
to such activity or another positive outcome for the homeowner.
No funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding
mortgage balances or for any other direct debt reduction
payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance by
approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's
financial situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling regarding
the assumption of the mortgage by another non-Federal party,
counseling regarding the possible purchase of the mortgage by a
non-Federal third party, counseling and advice of all likely
restructuring and refinancing strategies or the approval of a
work-out strategy by all interested parties.
(4) <<NOTE: Grants. Deadline.>> NRC shall award $50,000,000
in mortgage foreclosure mitigation grants for States and areas
with the greatest needs within 60 days of enactment. Additional
funds may be awarded once the NRC certifies that HUD- or NRC-
approved counseling intermediaries and State Housing Finance
Agencies have the need for additional funds in States and areas
with high rates of mortgage foreclosures, defaults, or related
activities and the expertise to use these funds effectively. The
NRC may provide up to 15 percent of the total funds under this
paragraph to its own charter members with expertise in
foreclosure prevention counseling, subject to a certification by
the NRC that the procedures for selection do not consist of any
procedures or activities that could be construed as an
unacceptable conflict of interest or have the appearance of
impropriety.
(5) NRC- or HUD-approved counseling entities and State
Housing Finance Agencies receiving funds under this paragraph
shall have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements.
(6) Of the total amount made available under this paragraph,
up to $5,000,000 may be made available to build the mortgage
foreclosure and default mitigation counseling capacity of
counseling intermediaries through NRC training courses with HUD-
or NRC-approved counseling intermediaries and their partners,
except that private financial institutions that participate in
NRC training shall pay market rates for such training.
(7) Of the total amount made available under this paragraph,
up to 4 percent may be used for associated administrative
expenses for the NRC to carry out activities provided under this
section.
(8) Mortgage foreclosure mitigation assistance may include a
budget for outreach and advertising, as determined by the NRC.
[[Page 121 STAT. 2443]]
(9) <<NOTE: Reports. Deadline.>> The NRC shall report bi-
annually to the House and Senate Committees on Appropriations as
well as the Senate Banking Committee and House Financial
Services Committee on its efforts to mitigate mortgage default.
Such reports shall identify successful strategies and methods
for preserving homeownership and the long-term affordability of
at-risk mortgages and shall include recommended efforts that
will or likely can assist in the success of this program as well
as an analysis of any policy and procedures that failed to
result in successful mortgage foreclosure mitigation. The report
shall include an analysis of the details and use of any post
mitigation counseling of assisted borrowers designed to ensure
the continued long-term affordability of the mortgages which
were the subject of the mortgage foreclosure mitigation
assistance.
United States Interagency Council on Homelessness
Operating Expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $2,150,000.
Title II of the McKinney-Vento Homeless Assistance Act, as amended,
is amended in section 209 <<NOTE: 42 USC 11319.>> by striking ``2007''
and inserting ``2008''.
TITLE IV
GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 401. Such sums as may be necessary for fiscal year 2008 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 404. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain
[[Page 121 STAT. 2444]]
available for obligation or expenditure in fiscal year 2008, or provided
from any accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by either the
House or Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever
is less; or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to the
Committees on Appropriations or the table accompanying the explanatory
statement accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate Committees on
Appropriations: Provided, <<NOTE: Deadline. Reports.>> That not later
than 60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on Appropriations of
the Senate and of the House of Representatives to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall include:
(1) a table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted to the
Congress.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2008 from appropriations made available for salaries and
expenses for fiscal year 2008 in this Act, shall remain available
through September 30, 2009, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 407. <<NOTE: Reports. Deadline.>> All Federal agencies and
departments that are funded under this Act shall issue a report to the
House and Senate Committees on Appropriations on all sole source
contracts by no later than July 31, 2008. Such report shall include the
contractor, the amount of the contract and the rationale for using a
sole source contract.
Sec. 408. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
[[Page 121 STAT. 2445]]
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 409. None of the funds made available in this Act may be used
to provide homeownership assistance for applicants described in
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(3)).
Sec. 410. None of the funds in this Act may be used to employ
workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 411. <<NOTE: Eminent domain.>> No funds in this Act may be used
to support any Federal, State, or local projects that seek to use the
power of eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily
benefits private entities: Provided further, That any use of funds for
mass transit, railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 412. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 413. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within
90 days after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 414. No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending
[[Page 121 STAT. 2446]]
the assistance the entity will comply with sections 2 through 4 of the
Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 415. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2008''.
DIVISION L--SUPPLEMENTAL <<NOTE: Emergency Supplemental Appropriations
Act for Defense, 2008.>> APPROPRIATIONS, DEFENSE
TITLE I--MILITARY PERSONNEL
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$782,500,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$95,624,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$56,050,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$138,037,000.
TITLE II--OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$35,152,370,000.
Operation and Maintenance, Navy
(including transfers of funds)
For an additional amount for ``Operation and Maintenance, Navy'',
$3,664,000,000: Provided, That up to $110,000,000 shall be transferred
to the Coast Guard ``Operating Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,965,638,000.
[[Page 121 STAT. 2447]]
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $4,778,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,116,950,000, of which up to $300,000,000, to remain available
until expended, may be used for payments to reimburse Pakistan, Jordan,
and other key cooperating nations, for logistical, military, and other
support provided, or to be provided, to United States military
operations, notwithstanding any other provision of law:
Provided, <<NOTE: Deadline. Notification.>> That such payments may be
made in such amounts as the Secretary of Defense, with the concurrence
of the Secretary of State, and in consultation with the Director of the
Office of Management and Budget, may determine, in his discretion, based
on documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following notification to the appropriate congressional committees:
Provided further, <<NOTE: Reports.>> That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees on the
use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $77,736,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $41,657,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $46,153,000.
Operations and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $12,133,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $327,000,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $51,634,000.
[[Page 121 STAT. 2448]]
Iraq Freedom Fund
(including transfer of funds)
For an additional amount for ``Iraq Freedom Fund'', $3,747,327,000,
to remain available for transfer until September 30, 2009, only to
support operations in Iraq or Afghanistan: Provided, That the Secretary
of Defense may transfer the funds provided herein to appropriations for
military personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test and
evaluation; and working capital funds: Provided further, That funds
transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, <<NOTE: Deadline. Notification.>> That
the Secretary of Defense shall, not fewer than 5 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That <<NOTE: Reports. Deadline.>> the Secretary shall submit a
report no later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the transfer
of funds from this appropriation.
Afghanistan Security Forces Fund
(including transfer of funds)
For the ``Afghanistan Security Forces Fund'', $1,350,000,000, to
remain available until September 30, 2009: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Office of Security Cooperation-Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary of State,
to the security forces of Afghanistan, including the provision of
equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided further,
That the authority to provide assistance under this heading is in
addition to any other authority to provide assistance to foreign
nations: Provided further, That the Secretary of Defense may transfer
such funds to appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and defense
working capital funds to accomplish the purposes provided herein:
Provided further, That this transfer authority is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of the
funds so transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, and used for
such purposes: Provided further, <<NOTE: Notification.>> That the
Secretary shall notify the
[[Page 121 STAT. 2449]]
congressional defense committees in writing upon the receipt and upon
the transfer of any contribution delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided
further, <<NOTE: Deadline. Notification.>> That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from this
appropriation account, notify the congressional defense committees in
writing of the details of any such transfer:
Provided <<NOTE: Reports. Deadline.>> further, That the Secretary shall
submit a report no later than 30 days after the end of each fiscal
quarter to the congressional defense committees summarizing the details
of the transfer of funds from this appropriation.
Iraq Security Forces Fund
(including transfer of funds)
For the ``Iraq Security Forces Fund'', $1,500,000,000, to remain
available until September 30, 2009: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command-Iraq, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of equipment,
supplies, services, training, facility and infrastructure repair,
renovation, and construction, and funding: Provided further, That the
authority to provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds to
appropriations for military personnel; operation and maintenance;
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That contributions of funds for the purposes provided herein from any
person, foreign government, or international organization may be
credited to this Fund, and used for such purposes: Provided
further, <<NOTE: Notification.>> That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the transfer of any contribution delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided
further, That <<NOTE: Deadline. Notification.>> the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from this
appropriation account, notify the congressional defense committees in
writing of the details of any such transfer: Provided
further, <<NOTE: Reports. Deadline.>> That the Secretary shall submit a
report no later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the transfer
of funds from this appropriation.
[[Page 121 STAT. 2450]]
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$4,269,000,000, to remain available until September 30, 2010: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, <<NOTE: Deadline. Plan.>> That within 60 days of the enactment
of this Act, a plan for the intended management and use of the Fund is
provided to the congressional defense committees: Provided
further, <<NOTE: Reports. Deadline.>> That the Secretary of Defense
shall submit a report not later than 30 days after the end of each
fiscal quarter to the congressional defense committees providing
assessments of the evolving threats, individual service requirements to
counter the threats, the current strategy for predeployment training of
members of the Armed Forces on improvised explosive devices, and details
on the execution of this Fund: Provided further, That the Secretary of
Defense may transfer funds provided herein to appropriations for
military personnel; operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purpose provided herein, such
amounts may be transferred back to this appropriation: Provided
further, <<NOTE: Deadline. Notification.>> That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing of
the details of any such transfer.
TITLE III--PROCUREMENT
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$943,600,000, to remain available for obligation until September 30,
2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,429,445,000, to remain available for
obligation until September 30, 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$154,000,000, to remain available for obligation until September 30,
2010.
[[Page 121 STAT. 2451]]
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$2,027,800,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$48,500,000, to remain available for obligation until September 30,
2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $304,945,000, to remain available for obligation until
September 30, 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$91,481,000, to remain available for obligation until September 30,
2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$703,250,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$51,400,000, to remain available for obligation until September 30,
2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$30,725,000, to remain available for obligation until September 30,
2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$274,743,000, to remain available for obligation until September 30,
2010.
TITLE IV--REVOLVING AND MANAGEMENT FUNDS
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount of ``Defense Working Capital Funds'',
$1,000,000,000, to remain available for obligation until September 30,
2010.
[[Page 121 STAT. 2452]]
TITLE V--OTHER DEPARTMENT OF DEFENSE PROGRAMS
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$575,701,000 for Operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $192,601,000.
TITLE VI--GENERAL PROVISIONS
GENERAL PROVISIONS
Sec. 601. Appropriations provided in this division are available for
obligation until September 30, 2008, unless otherwise so provided in
this division.
Sec. 602. Notwithstanding any other provision of law or of this
division, funds made available in this division are in addition to
amounts appropriated or otherwise made available for the Department of
Defense for fiscal year 2008.
(TRANSFER OF FUNDS)
Sec. 603. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may
transfer between appropriations up to $4,000,000,000 of the funds made
available to the Department of Defense in this division:
Provided, <<NOTE: Notification.>> That the Secretary shall notify the
Congress promptly of each transfer made pursuant to the authority in
this section: Provided further, That the authority provided in this
section is in addition to any other transfer authority available to the
Department of Defense.
Sec. 604. Funds appropriated in this division, or made available by
the transfer of funds in or pursuant to this division, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 605. None of the funds provided in this division may be used to
finance programs or activities denied by Congress in fiscal years 2007
or 2008 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior written notification to the congressional defense
committees.
Sec. 606. (a) Availability of Funds for CERP.--From funds made
available in this division to the Department of Defense, not to exceed
$500,000,000 may be used, notwithstanding any other provision of law, to
fund the Commander's Emergency Response Program, for the purpose of
enabling military commanders in Iraq to respond to urgent humanitarian
relief and reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately assist the
Iraqi people, and to fund a similar program to assist the people of
Afghanistan.
[[Page 121 STAT. 2453]]
(b) Quarterly Reports.--Not later than 15 days after the end of each
fiscal year quarter (beginning with the first quarter of fiscal year
2008), the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made available
pursuant to the authority provided in this section or under any other
provision of law for the purposes of the programs under subsection (a).
Sec. 607. During the current fiscal year, funds available to the
Department of Defense for operation and maintenance may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and stability
operations in Iraq and Afghanistan:
Provided, <<NOTE: Reports. Deadline.>> That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
regarding support provided under this section.
Sec. 608. During fiscal year 2008, supervision and administration
costs associated with projects carried out with funds appropriated to
``Afghanistan Security Forces Fund'' or ``Iraq Security Forces Fund'' in
this division may be obligated at the time a construction contract is
awarded: Provided, That for the purpose of this section, supervision and
administration costs include all in-house Government costs.
Sec. 609. (a) Reports on Progress Toward Stability in Iraq.--Not
later than 60 days after the date of the enactment of this Act and every
90 days thereafter through the end of fiscal year 2008, the Secretary of
Defense shall set forth in a report to Congress a comprehensive set of
performance indicators and measures for progress toward military and
political stability in Iraq.
(b) Scope of Reports.--Each report shall include performance
standards and goals for security, economic, and security force training
objectives in Iraq together with a notional timetable for achieving
these goals.
(c) Specific Elements.--In specific, each report shall require, at a
minimum, the following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including
the important political milestones that must be achieved
over the next several years.
(B) The primary indicators of a stable security
environment in Iraq, such as number of engagements per
day, numbers of trained Iraqi forces, and trends
relating to numbers and types of ethnic and religious-
based hostile encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is
composed of non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and
efforts to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the
prospects of stability in Iraq, including--
[[Page 121 STAT. 2454]]
(i) unemployment levels;
(ii) electricity, water, and oil production
rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to
determine when it is safe to begin withdrawing United
States forces from Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of
Defense forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping these forces), and the
milestones and notional timetable for achieving these
goals.
(C) The operational readiness status of the Iraqi
military forces, including the type, number, size, and
organizational structure of Iraqi battalions that are--
(i) capable of conducting counterinsurgency
operations independently;
(ii) capable of conducting counterinsurgency
operations with the support of United States or
coalition forces; or
(iii) not ready to conduct counterinsurgency
operations.
(D) The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have
infiltrated such forces.
(E) The training provided Iraqi police and other
Ministry of Interior forces and the equipment used by
such forces.
(F) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of
Interior forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping), and the milestones and
notional timetable for achieving these goals,
including--
(i) the number of police recruits that have
received classroom training and the duration of
such instruction;
(ii) the number of veteran police officers who
have received classroom instruction and the
duration of such instruction;
(iii) the number of police candidates screened
by the Iraqi Police Screening Service, the number
of candidates derived from other entry procedures,
and the success rates of those groups of
candidates;
(iv) the number of Iraqi police forces who
have received field training by international
police trainers and the duration of such
instruction; and
(v) attrition rates and measures of
absenteeism and infiltration by insurgents.
(G) The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties
now being undertaken by coalition forces, including
defending
[[Page 121 STAT. 2455]]
the borders of Iraq and providing adequate levels of law
and order throughout Iraq.
(H) The effectiveness of the Iraqi military and
police officer cadres and the chain of command.
(I) The number of United States and coalition
advisors needed to support the Iraqi security forces and
associated ministries.
(J) An assessment, in a classified annex if
necessary, of United States military requirements,
including planned force rotations, through the end of
calendar year 2008.
Sec. 610. Each amount appropriated or otherwise made available in
this division is designated as an emergency requirement and necessary to
meet emergency needs pursuant to subsections (a) and (b) of section 204
of S. Con. Res. 21 (110th Congress), the concurrent resolution on the
budget for fiscal year 2008.
Sec. 611. None of the funds appropriated or otherwise made available
by this division may be obligated or expended to provide award fees to
any defense contractor for performance that does not meet the
requirements of the contract.
Sec. 612. No funds appropriated or otherwise made available by this
division may be used by the Government of the United States to enter
into an agreement with the Government of Iraq that would subject members
of the Armed Forces of the United States to the jurisdiction of Iraq
criminal courts or punishment under Iraq law.
Sec. 613. Notwithstanding any other provision of law, the Secretary
of the Army may reimburse a member for expenses incurred by the member
or family member when such expenses are otherwise not reimbursable under
law: Provided, That such expenses must have been incurred in good faith
as a direct consequence of reasonable preparation for, or execution of,
military orders: Provided further, That reimbursement under this section
shall be allowed only in situations wherein other authorities are
insufficient to remedy a hardship determined by the Secretary, and only
when the Secretary determines that reimbursement of the expense is in
the best interest of the member and the United States.
[[Page 121 STAT. 2456]]
Sec. 614. In this division, the term ``congressional defense
committees'' means--
(1) the Committees on Armed Services and Appropriations of
the Senate; and
(2) the Committees on Armed Services and Appropriations of
the House of Representatives.
Sec. 615. This division may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, 2008''.
Approved December 26, 2007.
LEGISLATIVE HISTORY--H.R. 2764:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 110-197 (Comm. on Appropriations).
SENATE REPORTS: No. 110-128 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 153 (2007):
June 20, 21, considered and passed House.
Sept. 6, considered and passed Senate, amended.
Dec. 17, House concurred in Senate amendment with
amendments.
Dec. 18, Senate concurred in certain House amendments, in
another with an amendment.
Dec. 19, House concurred in Senate amendment pursuant to
H. Res. 893.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Dec. 26, Presidential statement.
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