[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2829 Reported in House (RH)]
Union Calendar No. 126
110th CONGRESS
1st Session
H. R. 2829
[Report No. 110-207]
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2008, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2007
Mr. Serrano, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for financial services and general government for
the fiscal year ending September 30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2008, and for
other purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business, $250,591,000, of which not to exceed $10,115,000 is
for executive direction program activities; not to exceed $9,700,000 is
for general counsel program activities; not to exceed $45,450,000 is
for economic policies and programs activities; not to exceed
$29,069,000 is for financial policies and programs activities; not to
exceed $56,475,000 is for terrorism and financial intelligence
activities; not to exceed $19,010,000 is for Treasury-wide management
policies and programs activities; and not to exceed $80,772,000 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, for
information technology modernization requirements; not to exceed
$150,000 for official reception and representation expenses; and not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate: Provided
further, That of the amount appropriated under this heading,
$5,114,000, to remain available until September 30, 2009, is for the
Treasury-wide Financial Statement Audit and Internal Control Program,
of which such amounts as may be necessary may be transferred to
accounts of the Department's offices and bureaus to conduct audits:
Provided further, That this transfer authority shall be in addition to
any other provided in this Act: Provided further, That of the amount
appropriated under this heading, $3,000,000, to remain available until
September 30, 2009, is for secure space requirements: Provided further,
That of the amount appropriated under this heading, $2,300,000, to
remain available until September 30, 2009, is for salary and benefits
for hiring of personnel whose work will require completion of a
security clearance investigation in order to perform highly classified
work to further the activities of the Office of Terrorism and Financial
Intelligence: Provided further, That of the amount appropriated under
this heading, $2,100,000, to remain available until September 30, 2010,
is to develop and implement programs within the Office of Critical
Infrastructure Protection and Compliance Policy, including entering
into cooperative agreements.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$18,710,000, to remain available until September 30, 2010: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated
under this heading shall be used to support or supplement ``Internal
Revenue Service, Operations Support'' or ``Internal Revenue Service,
Business Systems Modernization''.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, not
to exceed $2,000,000 for official travel expenses, including hire of
passenger motor vehicles; and not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended
under the direction of the Inspector General of the Treasury,
$18,450,000, of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978,
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $140,533,000; and of which not to exceed $1,500
shall be available for official reception and representation expenses.
Air Transportation Stabilization Program Account
(including rescission)
Sections 101(a)(1), 102, 104, and 107(2) of the Air Transportation
Safety and System Stabilization Act (title I, Public Law 107-42) are
hereby repealed. All unobligated balances under this heading are
rescinded.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation; not
to exceed $14,000 for official reception and representation expenses;
and for assistance to Federal law enforcement agencies, with or without
reimbursement, $83,344,000, of which not to exceed $16,340,000 shall
remain available until September 30, 2010; and of which $8,955,000
shall remain available until September 30, 2009: Provided, That funds
appropriated in this account may be used to procure personal services
contracts.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$234,423,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2010, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$93,515,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments. The aggregate amount
of new liabilities and obligations incurred during fiscal year 2008
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$33,200,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $182,871,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until September
30, 2010, for systems modernization: Provided, That the sum
appropriated herein from the general fund for fiscal year 2008 shall be
reduced by not more than $10,000,000 as definitive security issue fees
and Legacy Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2008 appropriation
from the general fund estimated at $172,871,000. In addition, $70,000
to be derived from the Oil Spill Liability Trust Fund to reimburse the
Bureau for administrative and personnel expenses for financial
management of the Fund, as authorized by section 1012 of Public Law
101-380.
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, $100,000,000, to
remain available until September 30, 2009, of which 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
$15,000,000.
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, $2,155,000,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of
which $8,000,000 shall be available for low-income taxpayer clinic
grants, and of which not less than $179,600,000 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, $4,925,498,000, 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
appropriation 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 tax law 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
US.C. 1343(b)); and other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner; $3,769,587,000, 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
to exceed $1,600,000 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, $282,090,000, to remain available until
September 30, 2010, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That, with the exception of labor costs, none of
these funds may be obligated until the Internal Revenue Service submits
to the Committees on Appropriations, and such Committees approve, a
plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the Office of
Management and Budget, including Circular A-11; (2) complies with the
Internal Revenue Service's enterprise architecture, including the
modernization blueprint; (3) conforms with the Internal Revenue
Service's enterprise life cycle methodology; (4) is approved by the
Internal Revenue Service, the Department of the Treasury, and the
Office of Management and Budget; (5) has been reviewed by the
Government Accountability Office; and (6) complies with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal Government.
Health Insurance Tax Credit Administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $15,235,000.
Administrative Provisions--Internal Revenue Service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed
3 percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained
in taxpayers' rights, in dealing courteously with taxpayers, and in
cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower 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. Of the funds made available by this Act to the Internal
Revenue Service, not less than $6,822,000,000 shall be available only
for tax enforcement and related support activities funded in Internal
Revenue Service, ``Enforcement'' and ``Operations Support''. In
addition, of the funds made available by this Act to the Internal
Revenue Service, and subject to the same terms and conditions, an
additional $406,000,000 shall be available for tax enforcement and
related support activities.
Sec. 106. Not more than $1,000,000 of the funds made available in
this or any other Act may be used to enter into, renew, extend,
administer, implement, enforce, provide oversight of, or make any
payment related to any qualified tax collection contract (as defined in
section 6306 of the Internal Revenue Code of 1986).
Sec. 107. 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. 108. 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. 109. Section 9502(a) of title 5, United States Code, is
amended by striking ``Office of Management and Budget'' and inserting
``Office of Personnel Management''.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 110. 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. 111. 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. 112. 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. 113. 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. 114. 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. 115. 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. 116. Section 122(g)(1) of Public Law 105-119, as amended (5
U.S.C. 3104 note), is further amended by striking ``8 years'' and
inserting ``10 years''.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the House Committee on Financial Services and the Senate Committee
on Banking, Housing, and Urban Affairs.
Sec. 118. 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.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2008''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
$450,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of title 31,
United States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be expended and accounted for as provided by 3 U.S.C. 103); and not
to exceed $19,000 for official entertainment expenses, to be available
for allocation within the Executive Office of the President;
$53,156,000: Provided, That of the funds appropriated under this
heading, up to $1,500,000 shall be for the Privacy and Civil Liberties
Oversight Board.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,814,000, to be expended
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial
events, the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further, That the
Executive Residence shall maintain a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,600,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,118,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$3,482,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $8,640,000.
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, $92,829,000, of which $11,923,000 shall
remain available until expended for continued modernization of the
information technology infrastructure within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title
44, United States Code, $78,394,000, 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
accompanying statement of the managers 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 the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director of
the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; 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, $26,636,000;
of which $1,316,000 shall remain available until expended for policy
research and evaluation: Provided, 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),
$10,000,000, which shall remain available until expended, consisting of
$5,000,000 for counternarcotics research and development projects, and
$5,000,000 for the continued operation of the technology transfer
program: Provided, That the $5,000,000 for counternarcotics research
and development projects shall be available for transfer to other
Federal departments or agencies.
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program authorized by
the Office of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $226,000,000 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: Provided, That up to 49 percent, to remain available until
September 30, 2009, 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: Provided further, That High Intensity Drug Trafficking
Areas Programs designated as of September 30, 2007, shall be funded at
no less than the fiscal year 2007 initial allocation levels unless the
Director submits to the Committees on Appropriations, and the
Committees approve, justification for changes in those levels based on
clearly articulated priorities for the High Intensity Drug Trafficking
Area Programs, as well as published Office of National Drug Control
Policy performance measures of effectiveness: Provided further, That a
request shall be submitted in compliance with the reprogramming
guidelines to the Committees on Appropriations for approval prior to
the obligation of funds of an amount in excess of the fiscal year 2007
budget request.
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),
$197,800,000, to remain available until expended, of which the amounts
are available as follows: $93,000,000 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); $1,000,000 for
training and technical assistance for drug court professionals;
$1,000,000 as directed by section 1105 of Public Law 109-469;
$1,000,000 for demonstration programs as authorized by section 1119 of
Public Law 109-469; $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; and $500,000 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
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 and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,432,000.
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
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``White House Office'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisors'', ``National Security Council'', ``Office of
Administration'', ``Office of Policy Development'', ``Special
Assistance to the President'', and ``Official Residence of the Vice
President'', the Director of the Office of Management and Budget (or
such other officer as the President may designate in writing), may, 15
days after giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged with and
available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 202. The President shall submit to the Committees on
Appropriations not later than 30 days after the date of the enactment
of this Act, and prior to the initial obligation of funds appropriated
under the heading ``Office of National Drug Control Policy'', a
financial plan on the proposed uses of all funds under the heading on a
project-by-project basis, for which the obligation of funds is
anticipated: Provided, That up to 20 percent of funds appropriated
under this heading may be obligated before the submission of the report
subject to prior approval of the Committees on Appropriations: Provided
further, That the report shall be updated and submitted to the
Committees on Appropriations every six months and shall include
information detailing how the estimates and assumptions contained in
previous reports have changed: Provided further, That any new projects
and changes in funding of ongoing projects shall be subject to the
prior approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2008''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $66,526,000,
of which $2,000,000 shall remain available until expended.
Care of the Building and Grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $12,201,000, which
shall remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $27,976,000.
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, $16,544,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,660,590,000 (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.
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, $830,499,000, to remain
available until expended.
Fees of Jurors and Commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $62,350,000, 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), $396,476,000, 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, $75,667,000, 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, $23,994,000; of which $1,800,000 shall
remain available through September 30, 2009, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $59,400,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $2,300,000; and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $3,700,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $15,477,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 605 and 610 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Within 90 days after the date of the enactment of this
Act, the Administrative Office of the U.S. Courts shall submit to the
Committees on Appropriations a comprehensive financial plan for the
Judiciary allocating all sources of available funds including
appropriations, fee collections, and carryover balances, to include a
separate and detailed plan for the Judiciary Information Technology
fund.
Sec. 305. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note) is amended in the sixth
sentence (relating to the Northern District of Ohio), by striking ``15
years'' and inserting ``20 years''.
This title may be cited as ``The Judiciary Appropriations Act,
2008''.
TITLE IV
DISTRICT OF COLUMBIA
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$35,100,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program: Provided
further, That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations of the
House of Representatives and Senate for these funds showing, by object
class, the expenditures made and the purpose therefor: Provided
further, That not more than $1,200,000 of the total amount appropriated
for this program may be used for administrative expenses.
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, 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 of which not to exceed $352,000 is for the District of
Columbia National Guard: 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.
District of Columbia Courts
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$256,395,000, 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, $100,543,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $54,052,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $91,000,000, to
remain available until September 30, 2009, for capital improvements for
District of Columbia courthouse facilities: Provided, That
notwithstanding any other provision of law, a single contract or
related contracts for development and construction of facilities may be
employed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause ``availability of Funds'' found at 48 CFR 52.232-18: Provided
further, That funds made available for capital improvements shall be
expended consistent with the General Services Administration (GSA)
master plan study and building evaluation report: Provided further,
That notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies, with
payroll and financial services to be provided on a contractual basis
with the GSA, and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations of the
House of Representatives and Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate: Provided
further, That 30 days after providing written notice to the Committees
on Appropriations of the House of Representatives and Senate, the
District of Columbia Courts may reallocate not more than $1,000,000 of
the funds provided under this heading among the items and entities
funded under this heading for operations, and not more than 4 percent
of the funds provided under this heading for facilities.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$52,475,000, 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 $91,000,000 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 $91,000,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities), to make
payments described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the preparation
of monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
Federal Payment to the Court Services and
Offender Supervision Agency for the District of Columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$190,343,000, of which not to exceed $2,000 is for official receptions
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which not to exceed $400,000 for the Community Supervision
program and $160,000 for the Pretrial Services program, both to remain
available until September 30, 2009, are for Information Technology
infrastructure enhancement acquisitions; of which $140,499,000 shall be
for necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of adults
subject to protection orders or the provision of services for or
related to such persons; of which $49,849,000 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 the Director
is authorized to accept and use gifts in the form of in-kind
contributions of space and hospitality to support offender and
defendant programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further, That the
Director shall keep accurate and detailed records of the acceptance and
use of any gift or donation under the previous proviso, and shall make
such records available for audit and public inspection: Provided
further, That the Court Services and Offender Supervision Agency
Director is authorized to accept and use reimbursement from the
District of Columbia Government for space and services provided on a
cost reimbursable basis.
Federal Payment to 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, $12,000,000, 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 provide a match
of $7,000,000 and the District of Columbia provide a match of
$5,000,000 in local funds for this payment.
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,300,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $6,148,000: 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 September 30, 2009; 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, $10,000,000, to
remain available until September 30, 2009, for costs associated with
the construction of a consolidated laboratory facility: 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, $10,000,000, to
remain available until expended, for the Federal contribution toward
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,
including DNA analysis, performed for cases currently waiting analysis.
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 (114
Stat. 2440) (D.C. Official Code, section 1-204.50a) and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2008 under this
heading shall not exceed the lesser of the sum of the total revenues of
the District of Columbia for such fiscal year or $9,777,362,000 (of
which $6,022,444,000 shall be from local funds, $2,015,853,000 shall be
from Federal grant funds, $1,730,503,000 shall be from other funds, and
$8,562,000 shall be from private funds), in addition, $116,552,000 from
funds previously appropriated in this Act as Federal payments: Provided
further, That of the local funds, $153,900,000 shall be derived from
the District's general fund balance: Provided further, That of these
funds the District's intradistrict authority shall be $648,289,000:
Provided further, That in addition, for capital construction projects,
there is appropriated an increase of $1,595,503,000, 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,
$30,000,000 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 (of which
$187,450,000 are from local funds and $51,444,000 are from the Local
Street Maintenance Fund), for a net amount of $1,382,807,000, to remain
available until expended: Provided further, That the amounts provided
under this heading are to be subject to the provisions of and allocated
and expended as proposed under ``Title III--District of Columbia
Funds'' 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: Provided further, That this amount may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided
further, That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements contained
in the District of Columbia Home Rule Act approved December 24, 1973
(87 Stat. 777; D.C. Official Code, section 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 $500 for
official reception and representation expenses, $66,838,000.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $15,467,000, 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.
election reform programs
For necessary expenses to carry out programs under the Help America
Vote Act of 2002 (Public Law 107-252), $300,950,000: Provided, That of
the amount appropriated under this heading, $300,000,000 shall be
available for requirements payments under section 257 of such Act, but
only for States that file a new State plan under section 253(b)(1) of
such Act for fiscal year 2008: Provided further, That of the amount
appropriated under this heading, $750,000 shall be available for the
Help America Vote College Program under title V of such Act: Provided
further, That of the amount appropriated under this heading, $200,000
shall be available for the National Student and Parent Mock Election
under part 6 of subtitle D of title II of such Act.
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 offsetting collections shall be
assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, of which $312,000,000 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 $20,980,000 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.
Federal Deposit Insurance Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$26,848,000, to be derived from the Deposit Insurance Fund and the
FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $59,224,000, of which no less than
$8,100,000 shall be available for internal automated data processing
systems, and of which not to exceed $5,000 shall be available for
reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and rental of conference
rooms in the District of Columbia and elsewhere, $23,641,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by
law (5 U.S.C. 5703) for persons employed intermittently in the
Government service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding 31 U.S.C. 3302, funds received
from fees charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the costs of
carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $247,489,000, 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 $20,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2008, so as to result in a final fiscal
year 2008 appropriation from the general fund estimated at not more
than $88,489,000: 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
limitation on availability of revenue
For an additional amount to be deposited in the Federal Buildings
Fund, $88,144,000. Amounts in the fund, including 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
$7,834,612,000, of which: (1) $524,540,000 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:
Arizona:
San Luis, Land Port of Entry I, $7,053,000.
California:
San Ysidro, Land Port of Entry, $37,742,000.
District of Columbia:
DHS Consolidation and development of St. Elizabeths
campus, $275,133,000.
St. Elizabeths West Campus Infrastructure,
$20,572,000.
St. Elizabeths West Campus Site Acquisition,
$7,000,000.
Maine:
Madawaska, Land Port of Entry, $17,160,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $57,749,000.
Minnesota:
Warroad, Land Port of Entry, $43,628,000.
New York:
Alexandria Bay, Land Port of Entry, $11,676,000.
Texas:
El Paso, Tronillo-Guadalupe Land Port of Entry,
$4,290,000.
Vermont:
Derby Line, Land Port of Entry, $33,139,000.
Nonprospectus Construction, $9,398,000:
Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent of the
amounts included in an approved prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of a greater
amount: Provided further, That all funds for direct construction
projects shall expire on September 30, 2009, and remain in the Federal
Buildings Fund except for funds for projects as to which funds for
design or other funds have been obligated in whole or in part prior to
such date; (2) $733,267,000 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,
$172,279,000.
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, $278,984,000:
Provided further, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount identified for each
project, except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and Alterations or
used to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus projects
shall expire on September 30, 2009, and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against the
Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) $155,781,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $4,315,534,000 for rental of space which shall
remain available until expended; and (5) $2,105,490,000 for building
operations which shall remain available until expended: 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, as amended, 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, as amended (40 U.S.C. 592(b)(2)) and amounts to
provide such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government ownership or
control as may be appropriate to enable the United States Secret
Service to perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections: Provided
further, That revenues and collections and any other sums accruing to
this Fund during fiscal year 2008, excluding reimbursements under
section 210(f)(6) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate new
obligational authority authorized for Real Property Activities of the
Federal Buildings Fund in this Act shall remain in the Fund and shall
not be available for expenditure except as authorized in appropriations
Acts.
general activities
policy and operations
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;
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; the Civilian Board of Contract Appeals;
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses; $142,945,000, of which
$44,984,000 is for the Office of Government-Wide Policy: Provided, That
any change in the amount specified herein for the Office of Government-
Wide Policy may only be made 15 days following approval of the
Committees on Appropriations.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $47,382,000: 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,
$2,970,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act: Provided
further, That such transfers may not be made until 10 days after a
proposed spending plan and justification 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, $2,500,000: 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, $15,798,000, 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
$35,000,000: Provided further, That 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. 501. 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. 502. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 503. 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. 504. Except as otherwise provided in this title, no funds made
available by this Act shall be used to transmit a fiscal year 2009
request for United States Courthouse construction that: (1) does not
meet the design guide standards for construction as established and
approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; and (2) does not reflect the priorities of the Judicial
Conference of the United States as set out in its approved 5-year
construction plan: Provided, That the fiscal year 2009 request must be
accompanied by a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 505. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 506. 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.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $37,507,000, together with not to exceed
$2,579,000 for administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and Disability Fund
in amounts determined by the Merit Systems Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
morris k. udall scholarship and excellence in national environmental
policy trust fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),
$2,000,000, 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, $315,000,000: Provided, That the Archivist of the
United States is authorized to use any excess funds available from the
amount borrowed for construction of the National Archives facility, for
expenses necessary to provide adequate storage for holdings.
electronic records archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $58,028,000, of which $38,315,000 shall remain available
until September 30, 2009: Provided, That none of the multiyear 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, $16,095,000, to remain
available until expended.
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, $10,000,000,
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 for operating expenses of the National
Historical Publications and Records Administration.
National Credit Union Administration
central liquidity facility
During fiscal year 2008, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 2008 shall not exceed $329,000.
Community Development Credit Union Revolving Loan Fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 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, $123,401,000 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 $26,465,000 shall remain
available until expended for the cost of automating the retirement
recordkeeping systems: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable trust
funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of the Office of Personnel Management established
pursuant to Executive Order No. 9358 of July 1, 1943, or any successor
unit of like purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2008, accept donations of
money, property, and personal services: Provided further, That such
donations, including those from prior years, may be used for the
development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission.
Office of Inspector General
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,519,000, and in addition, not to exceed $16,981,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Government Payment for Annuitants, Employees Health Benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
such sums as may be necessary.
Government Payment for Annuitants, Employee Life Insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
Payment to Civil Service Retirement and Disability Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to
the Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter
be paid out of the Civil Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles; $16,368,000.
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, $908,442,000, 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 $867,045,000 of such offsetting collections
shall be available until expended for necessary expenses of this
account: Provided further, That $41,397,000 shall be derived from prior
year unobligated balances from funds previously appropriated to the
Securities and Exchange Commission: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2008 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2008 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$22,000,000: Provided, That 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, $346,553,000: 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, to be available for
carrying out these purposes without further appropriations.
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, $2,530,000, to remain available until
expended; and for the cost of guaranteed loans, $80,000,000: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2008 commitments to guarantee
loans under section 503 of the Small Business Investment Act of 1958,
shall not exceed $7,500,000,000: Provided further, That during fiscal
year 2008 commitments for general business loans authorized under
section 7(a) of the Small Business Act, shall not exceed
$17,500,000,000: Provided further, That during fiscal year 2008
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958, shall not exceed
$3,000,000,000: Provided further, That during fiscal year 2008,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $135,414,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
administrative provision--small business administration
(including transfer of funds)
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.
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, $88,864,000, which shall not be
available for obligation until October 1, 2008: Provided, That mail for
overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That none
of the funds provided in this Act shall be used to consolidate or close
small rural and other small post offices in fiscal year 2008.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $45,069,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. Such sums as may be necessary for fiscal year 2008 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 602. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 603. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 604. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 605. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 606. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 607. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has
within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has not been
restored thereto.
Sec. 608. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 609. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 610. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2008, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by either the
House or Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in excess of
$1,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $1,000,000 or 10 percent,
whichever is less; or (7) reorganizes offices, programs, or activities
unless prior approval is received from the House and Senate Committees
on Appropriations: Provided, That not later than 60 days after the date
of enactment of this Act, each agency funded by this Act shall submit
an operating plan to the Committees on Appropriations of the Senate and
of the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 611. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2008 from appropriations made available for salaries
and expenses for fiscal year 2008 in this Act, shall remain available
through September 30, 2009, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 612. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 613. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 614. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 615. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 616. The provision of section 615 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 617. 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. 618. None of the funds made available in the Act may be used
to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in
nature or incidental to a financial activity published in the
Federal Register on January 3, 2001 (66 Fed. Reg. 307 et seq.);
or
(2) the revision proposed in such rule to section 1501.2 of
title 12 of the Code of Federal Regulations.
Sec. 619. Notwithstanding section 10(b) of the Harry S Truman
Memorial Scholarship Act (20 U.S.C. 2009(b)), hereafter, at the request
of the Board of Trustees of the Harry S Truman Scholarship Foundation,
it shall be the duty of the Secretary of the Treasury to invest in full
the amounts appropriated and contributed to the Harry S Truman Memorial
Scholarship Trust Fund, as provided in such section. All requests of
the Board of Trustees to the Secretary provided for in this section
shall be binding on the Secretary.
Sec. 620. (a) In General.--None of the funds appropriated or
otherwise made available by this 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. 621. For an additional amount under the heading ``Small
Business Administration, Salaries and Expenses'', $61,318,000, 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 specified in the statement of managers
accompanying this Act.
TITLE VII--GENERAL PROVISIONS GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. Hereafter, funds appropriated in this or any other Act
may be used to pay travel to the United States for the immediate family
of employees serving abroad in cases of death or life threatening
illness of said employee.
Sec. 702. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2008 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 703. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $12,888 except station wagons for which the maximum
shall be $13,312: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 704. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 705. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of this Act
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992
(Public Law 102-404): Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his or
her status have been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and, upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section
shall be recoverable in action by the Federal Government. This section
shall not apply to citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the United
States in a current defense effort, or to international broadcasters
employed by the Broadcasting Board of Governors, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 706. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 707. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 708. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 709. Hereafter, no part of any appropriation contained in this
or any other Act shall be paid to any person for the filling of any
position for which he or she has been nominated after the Senate has
voted not to approve the nomination of said person.
Sec. 710. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 711. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 712. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2008, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2008, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2008, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2008 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2008 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 2007, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this section may not be changed from the
rates in effect on September 30, 2007, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2007.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this section
shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at a rate
in excess of the rate that would be payable were this section not in
effect.
(h) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this section if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
Sec. 713. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on Appropriations.
For the purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as any
other space used primarily by the individual or the use of which is
directly controlled by the individual.
Sec. 714. Notwithstanding section 1346 of title 31, United States
Code, or section 710 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 715. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification to the
Office of Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C appointee
that the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 716. Hereafter, no department, agency, or instrumentality of
the United States receiving appropriated funds under this or any other
Act shall obligate or expend any such funds, unless such department,
agency, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual harassment
and that all of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), the Age
Discrimination in Employment Act of 1967 (Public Law 90-202, 81 Stat.
602), and the Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat.
355).
Sec. 717. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit any
of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 718. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 719. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste, fraud,
abuse or public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
that could expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of title 18,
United States Code, and section 4(b) of the Subversive Activities Act
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order and
listed statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding paragraph,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
Sec. 720. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 721. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 722. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing
or telephone lists to any person or any organization outside of the
Federal Government without the approval of the Committees on
Appropriations.
Sec. 723. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. 724. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under section 105
of title 5, United States Code;
(2) includes a military department, as defined under
section 102 of such title, the Postal Service, and the Postal
Rate 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, Policy and Operations'' 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, the total funds transferred or reimbursed shall not exceed
$10,000,000: Provided further, 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. Nothwithstanding section 1346 of title 31, United States
Code, or section 710 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the National
Science and Technology Council to the Committees on Appropriations, the
House Committee on Science, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this Act.
Sec. 729. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 730. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note) is repealed.
Sec. 731. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency;
or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable standards
as provided in law.
Sec. 732. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 733. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency
for Olympic, Pan American, and Paralympic sport in the United States.
Sec. 734. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 735. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 736. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations,
except that the Federal Law Enforcement Training Center is authorized
to obtain the temporary use of additional facilities by lease,
contract, or other agreement for training which cannot be accommodated
in existing Center facilities.
Sec. 737. (a) 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) The report in (a) shall detail--
(1) the amount proposed for transfer for any department and
agency by program office, bureau, or activity, as appropriate;
(2) the specific use of funds;
(3) the relevance of that use to that department or agency,
and each bureau or office within, which is contributing funds;
and
(4) a description of any such activities for which funds
were appropriated that will not be implemented or partially
implemented by the department or agency as a result of the
transfer.
Sec. 738. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be available
to convert to contractor performance an activity or function of
an executive agency that, on or after the date of enactment of
this Act, is performed by more than 10 Federal employees
unless--
(A) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(B) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
executive agency by an amount that equals or exceeds
the lesser of--
(i) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(ii) $10,000,000; and
(C) the contractor does not receive an advantage
for a proposal that would reduce costs for the Federal
Government by--
(i) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract;
(ii) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Federal Government for
health benefits for civilian employees under
chapter 89 of title 5, United States Code; or
(iii) offering to such workers a retirement
benefit that in any year costs less than the
annual retirement cost factor applicable to
Federal employees under chapter 84 of title 5,
United States Code.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that--
(i) is included on the procurement list
established pursuant to section 2 of the
Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(ii) is planned to be converted to
performance by a qualified nonprofit agency for
the blind or by a qualified nonprofit agency
for other severely handicapped individuals in
accordance with that Act;
(D) depot contracts or contracts for depot
maintenance as provided in sections 2469 and 2474 of
title 10, United States Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the
date of enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office of
Management and Budget Circular A-76 shall prevent the head of an
executive agency from conducting a public-private competition to
evaluate the benefits of converting work from contract performance to
performance by Federal employees in appropriate instances. The Circular
shall provide procedures and policies for these competitions that are
similar to those applied to competitions that may result in the
conversion of work from performance by Federal employees to performance
by a contractor.
(c) Bid Protests by Federal Employees in Actions Under Office of
Management and Budget Circular A-76.--
(1) Eligibility to protest.--
(A) Section 3551(2) of title 31, United States
Code, is amended to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation
or other request for offers described in paragraph (1),
means an actual or prospective bidder or offeror whose
direct economic interest would be affected by the award
of the contract or by failure to award the contract;
and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget
Circular A-76 regarding performance of an activity or
function of a Federal agency, or a decision to convert
a function performed by Federal employees to private
sector performance without a competition under OMB
Circular A-76, includes--
``(i) any official who submitted the agency
tender in such competition; and
``(ii) any one person who, for the purpose
of representing them in a protest under this
subchapter that relates to such competition,
has been designated as their agent by a
majority of the employees of such Federal
agency who are engaged in the performance of
such activity or function.''.
(B)(i) Subchapter V of chapter 35 of such title is
amended by adding at the end the following new section:
``Sec. 3557. Expedited action in protests for public-private
competitions.
``For protests in cases of public-private competitions conducted
under Office of Management and Budget Circular A-76 regarding
performance of an activity or function of Federal agencies, the
Comptroller General shall administer the provisions of this subchapter
in a manner best suited for expediting final resolution of such
protests and final action in such competitions.''.
(ii) The chapter analysis at the beginning of such
chapter is amended by inserting after the item relating
to section 3556 the following new item:
``3557. Expedited action in protests for public-private
competitions.''.
(2) Right to intervene in civil action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If a private sector interested party commences an action
described in paragraph (1) in the case of a public-private competition
conducted under Office of Management and Budget Circular A-76 regarding
performance of an activity or function of a Federal agency, or a
decision to convert a function performed by Federal employees to
private sector performance without a competition under Office of
Management and Budget Circular A-76, then an official or person
described in section 3551(2)(B) of title 31 shall be entitled to
intervene in that action.''.
(3) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by paragraph (1)), and
paragraph (5) of section 1491(b) of title 28, United States
Code (as added by paragraph (2)), shall apply to--
(A) protests and civil actions that challenge final
selections of sources of performance of an activity or
function of a Federal agency that are made pursuant to
studies initiated under Office of Management and Budget
Circular A-76 on or after January 1, 2004; and
(B) any other protests and civil actions that
relate to public-private competitions initiated under
Office of Management and Budget Circular A-76, or a
decision to convert a function performed by Federal
employees to private sector performance without a
competition under Office of Management and Budget
Circular A-76, on or after the date of the enactment of
this Act.
(d) Limitation.--(1) None of the funds available in this Act may be
used--
(A) by the Office of Management and Budget to direct or
require another agency to take an action specified in paragraph
(2); or
(B) by an agency to take an action specified in paragraph
(2) as a result of direction or requirement from the Office of
Management and Budget.
(2) An action specified in this paragraph is the preparation for,
undertaking, continuation of, or completion of a public-private
competition or direct conversion under Office of Management and Budget
Circular A-76 or any other administrative regulation, directive, or
policy.
(e) Applicability.--This section shall apply with respect to fiscal
year 2008 and each succeeding fiscal year.
Sec. 739. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2008
under sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 3.5 percent, and this adjustment shall apply to civilian
employees in the Department of Homeland Security and shall apply to
civilian employees in the Department of Defense who are represented by
a labor organization as defined in 5 U.S.C. 7103(a)(4), and such
adjustments shall be effective as of the first day of the first
applicable pay period beginning on or after January 1, 2008. Civilian
employees in the Department of Defense who are eligible to be
represented by a labor organization as defined in 5 U.S.C. 7103(a)(4),
but are not so represented, will receive the adjustment provided for in
this section unless the positions are entitled to a pay adjustment
under 5 U.S.C. 9902.
(b) Notwithstanding section 712 of this Act, the adjustment in
rates of basic pay for the statutory pay systems that take place in
fiscal year 2008 under sections 5344 and 5348 of title 5, United States
Code, shall be no less than the percentage in paragraph (a) as
employees in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under section 5303 and 5304 of
title 5, United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant to
sections 5303 and 5304 of title 5 and prevailing rate employees
described in section 5343(a)(5) of title 5 shall be considered to be
located in the pay locality designated as ``Rest of US'' pursuant to
section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2008.
Sec. 740. 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. 741. 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) or of section 552.224 of title 48
of the Code of Federal Regulations.
Sec. 742. Each executive department and agency shall evaluate the
creditworthiness of an individual before issuing the individual a
government travel charge card. Such evaluations for individually-billed
travel charge cards shall include an assessment of the individual's
consumer report from a consumer reporting agency as those terms are
defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That section 604(a)(3) of such Act shall be amended by
adding to the end the following:
``(G) executive departments and agencies in
connection with the issuance of government-sponsored
individually-billed travel charge cards.'':
Provided further, That the department or agency may not issue a
government travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit history as
a result of this evaluation: Provided further, That this restriction
shall not preclude issuance of a restricted-use charge, debit, or
stored value card made in accordance with agency procedures to: (1) an
individual with an unsatisfactory credit history where such card is
used to pay travel expenses and the agency determines there is no
suitable alternative payment mechanism available before issuing the
card; or (2) an individual who lacks a credit history. Each executive
department and agency shall establish guidelines and procedures for
disciplinary actions to be taken against agency personnel for improper,
fraudulent, or abusive use of government charge cards, which shall
include appropriate disciplinary actions for use of charge cards for
purposes, and at establishments, that are inconsistent with the
official business of the Department or agency or with applicable
standards of conduct.
Sec. 743. Crosscut Budget.--
(a) Definitions.--For purposes of this section the following
definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) Report.--Not later than 30 days after submission of the budget
of the President to Congress, the Director of the Office of Management
and Budget, in coordination with the Governor of each Great Lakes State
and the Great Lakes Interagency Task Force, shall submit to the
appropriate authorizing and appropriating committees of the Senate and
the House of Representatives a financial report, certified by the
Secretary of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each
of the Federal agencies that carries out Great Lakes
restoration activities in the upcoming fiscal year,
separately reporting the amount of funding to be
provided under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since fiscal year
2004 by the Federal Government and State governments
for Great Lakes restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent available,
State agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with the
Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 744. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such titles IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
Sec. 801. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 802. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor, or, in the case of the Council of the District
of Columbia, funds may be expended with the authorization of the
Chairman of the Council.
Sec. 803. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 804. 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.
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 title, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless in
the case of federal funds, the Committees on Appropriations of
the House of Representatives and Senate are notified in writing
15 days in advance of the reprogramming and in the case of
local funds, the Committees on Appropriations of the House of
Representatives and Senate are provided summary reports on
April 1, 2008 and October 1, 2008, setting forth detailed
information regarding each such local funds reprogramming
conducted subject to this subsection.
(b) None of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a transfer of any
local funds in excess of $3,000,000 from one appropriation heading to
another unless the Committees on Appropriations of the House of
Representatives and Senate are provided summary reports on April 1,
2008 and October 1, 2008, setting forth detailed information regarding
each reprogramming conducted subject to this subsection, except that in
no event may the amount of any funds transferred exceed 4 percent of
the local funds in the appropriations.
(c) The District of Columbia Government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through September 30, 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. (a) Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; sec. 1-601.01 et seq., D.C.
Official Code), enacted pursuant to section 422(3) of the District of
Columbia Home Rule Act (sec. 1-204.22(3), D.C. Official Code), shall
apply with respect to the compensation of District of Columbia
employees. For pay purposes, employees of the District of Columbia
government shall not be subject to the provisions of title 5, United
States Code.
(b) Notwithstanding section 8344(a) of title 5, United States Code,
the amendment made by section 2 of the District Government Reemployed
Annuitant Offset Elimination Amendment Act of 2004 (D.C. Law 15-207)
shall apply with respect to any individual employed in an appointive or
elective position with the District of Columbia government after
December 7, 2004.
Sec. 808. No later than 30 days after the end of the first quarter
of fiscal year 2008, the Mayor of the District of Columbia shall submit
to the Council of the District of Columbia and the Committees on
Appropriations of the House of Representatives and Senate the new
fiscal year 2008 revenue estimates as of the end of such quarter. These
estimates shall be used in the budget request for fiscal year 2009. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 809. (a) Notwithstanding any other provision of this Act, the
Mayor, in consultation with the Chief Financial Officer of the District
of Columbia may accept, obligate, and expend Federal, private, and
other grants received by the District government that are not reflected
in the amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be obligated,
or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be deemed
to have reviewed and approved the obligation, and expenditure of a
grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar days
of the initial receipt of the report from the Chief Financial
Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general fund or
other funds of the District of Columbia government in anticipation of
the approval or receipt of a grant under subsection (b)(2) or in
anticipation of the approval or receipt of a Federal, private, or other
grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia may
adjust the budget for Federal, private, and other grants received by
the District government reflected in the amounts appropriated in this
title, or approved and received under subsection (b)(2) to reflect a
change in the actual amount of the grant.
(e) The Chief Financial Officer of the District of Columbia shall
prepare a quarterly report setting forth detailed information regarding
all Federal, private, and other grants subject to this section. Each
such report shall be submitted to the Council of the District of
Columbia, 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. 810. (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) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of
Columbia.
(b) The Chief Financial Officer of the District of Columbia shall
submit by March 1, 2008, an inventory, as of September 30, 2007, of all
vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the
department to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District officer
or employee and if so, the officer or employee's title and resident
location.
Sec. 811. (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. 812. None of the Federal funds contained in this Act may be
used for any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
Sec. 813. None of the funds contained in this Act may be used after
the expiration of the 60-day period that begins on the date of the
enactment of this Act to pay the salary of any chief financial officer
of any office of the District of Columbia government (including any
independent agency of the District of Columbia) who has not filed a
certification with the Mayor and the Chief Financial Officer of the
District of Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency as a
result of this Act (and the amendments made by this Act), including any
duty to prepare a report requested either in the Act or in any of the
reports accompanying the Act and the deadline by which each report must
be submitted: Provided, That the Chief Financial Officer of the
District of Columbia shall provide to the Committees on Appropriations
of the House of Representatives and Senate by April 1, 2008 and October
1, 2008, a summary list showing each report, the due date, and the date
submitted to the Committees.
Sec. 814. 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. 815. The Mayor of the District of Columbia shall submit to the
Committees on Appropriations of the House of Representatives and
Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the
Senate quarterly 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; and
(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.
Sec. 816. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer of the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, section
1-204.42), for all agencies of the District of Columbia government for
fiscal year 2008 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal-services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency where the Chief
Financial Officer of the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 817. (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. 818. The amount appropriated by this Act may be increased by
no more than $42,000,000 from funds identified in the comprehensive
annual financial report as the District's fiscal year 2007 unexpended
general fund surplus. The District may obligate and expend these
amounts only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless the
Mayor notifies the Committees on Appropriations of the House of
Representatives and Senate not fewer than 30 days in advance of
the obligation or expenditure.
Sec. 819. (a) To account for an unanticipated growth of revenue
collections, the amount appropriated as District of Columbia Funds
pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year 2008 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in such
Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any increase
in the amount of funds authorized under this section only in accordance
with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated
to have a negative impact on the long-term financial,
fiscal, or economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District of
Columbia in support of each such obligation and expenditure,
consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered receivership.
(4) The amounts may not be obligated or expended unless the
Mayor has notified the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 820. 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. 821. (a) None of the funds contained in this Act may be used
to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) The Legalization of Marijuana for Medical Treatment Initiative
of 1998, also known as Initiative 59, approved by the electors of the
District of Columbia on November 3, 1998, shall not take effect.
Sec. 822. 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. 823. (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).
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2008 and each succeeding fiscal year.
Sec. 824. 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 Act may be cited as the ``Financial Services and General
Government Appropriations Act, 2008''.
Union Calendar No. 126
110th CONGRESS
1st Session
H. R. 2829
[Report No. 110-207]
_______________________________________________________________________
A BILL
Making appropriations for Financial Services and General Government for
the fiscal year ending September 30, 2008, and for other purposes.
_______________________________________________________________________
June 22, 2007
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed